An Administrator's Guide to California Private School Law Compendium

demeanor and character, impartiality, and/or adequate time to conduct the investigation.

 Assess whether interim corrective action should be taken to minimize the risk of any continuing harm and liability. In considering what corrective action to take, consider the option that has the least negative impact on the complainant. Interim steps may include, but are not limited to, any of the following:  Temporary transfer;  Placing alleged wrongdoer on administrative leave;  Temporarily changing office locations;  For student complaints, changing students to a different classroom or putting an aid or co-teacher in the classroom to have a second adult present;  Assigning an interim supervisor;  Asking the complainant for his or her input on interim solutions; and/or  Document the complainant’s response.  Other temporary response designed to respond to the alleged situation.  Notify the complainant of receipt of the claim and intent to investigate.  If a student complaint, notify parents that child is a complainant.  If applicable, notify parents that their child is a target of an alleged violation of a major school standard or conduct or policy.  Determine whether it is necessary to notify the accused employee or student of the pending investigation. No statute or case requires that an employee be advised pre- interview that he or she is the subject of an investigation. In some situations, however, it is advisable to notify the accused employee or student, early on or at least prior to the interview, of the pending investigation. These include:  When the school’s rules require it;  When there is a risk of ongoing misconduct;  When there is a risk of retaliation by the subject employee who should be ordered not to retaliate; and/or  When the nature of the complaint requires separating the complainant and the subject of the investigation or some other type of interim action.  If the school believes that a criminal violation occurred or may have occurred, the school should advise the local police or sheriff.  In such a case, the internal investigation may still proceed but the school should coordinate with law enforcement so its internal investigation does not interfere with a criminal investigation. An employee has a Fifth Amendment right to be free from self-incrimination when questioned during a criminal investigation, the school may still order the employee to answer

An Administrator’s Guide to California Private School Law - Compendium ©2019 Liebert Cassidy Whitmore 188