Finding the Facts - Disciplinary and Harassment Investigation

I NTRODUCTION

Section 1

This workbook is directed to supervisors and mid and upper level managers who are responsible for investigating or arranging for an investigation into reported allegations or evidence of employee misconduct, including harassment. The purpose of an investigation is to gather all of the facts needed to make a determination as to what occurred or did not occur. This workbook is designed to provide a step-by-step guide for conducting an administrative investigation, including practice points specific to investigating complaints in K-12 and community college districts. First, in applying the principles discussed in this workbook, both K-12 and community college districts must be mindful of any internal policies, regulations, and/or contract language that may affect the handling of employee complaints. Second, Title 5 of the California Code of Regulations impose specific timelines and procedures on both K-12 and community college districts with regard to certain employee complaints. 1 Finally, investigators in educational settings are often called upon to interview students. These interviews raise particular challenges such as heightened fears of retaliation, eliciting credible information, and student safety. 2 Liebert Cassidy Whitmore cautions that this information should not be viewed as a substitute for early evaluation whenever a complaint is received, and cannot replace the critically important assistance of legal counsel.

W HEN S HOULD AN I NVESTIGATION B E C ONDUCTED ?

Section 2

A. W HEN T HERE IS A P OSSIBLE V IOLATION OF A S TANDARD OF C ONDUCT Certificated, academic and classified staff may be disciplined only for cause. Both to ensure that discipline is warranted, and to provide documentary support for the decision to discipline, districts should conduct administrative investigations into alleged misconduct when there is reasonable suspicion to believe an employee has violated a rule or regulation. The grounds for certificated and academic discipline are statutory, and include those stated in Education Code sections 44932 and 87732. Grounds for classified discipline may be found in administrative regulations, and/or collective bargaining agreements (CBAs). Below are common grounds for classified discipline:

Any permanent or probationary employee may be dismissed, demoted, or suspended for the following causes:

a) Immoral conduct.

b) Unprofessional conduct.

c) Dishonesty.

Disciplinary and Harassment Investigations ©2019 (e) Liebert Cassidy Whitmore 8