An Administrator's Guide to California Private School Law Compendium

questions during an internal investigation under threat of discipline for insubordination. Students also have a Fifth Amendment right and they should be advised to talk with their parents or legal counsel if they assert that right and before waiving that right.

 The investigator should become familiar with the school’s rules of conduct and policies which serve as the basis for the alleged wrongdoing.  Set the stage: advise the complainant that the complaint is being taken seriously and he or she will have an opportunity to provide the applicable factual information and a decision will be based on the information gathered. Advise the accused of the same information.  Are any employees unionized? If so, follow any procedures agreed upon in agreements with unions. GATHERING THE FACTS:  Create an investigation binder to use in gathering, organizing and maintaining information throughout the investigation.  The binder should include copies of the following:  The school’s code of conduct and policies regarding the alleged misconduct;  The written complaint or written summary of the allegations; and  Any other information the investigator might have that is relevant to the investigation.  Review all relevant background documents.  Keep a list of all documents reviewed in the binder and update the list as additional documents are gathered.  Relevant documents in addition to the code of conduct, policies, written complaint or summary of allegations might include:  Notes or a diary or journal;  Cards or letters; and  Emails, texts, Instagram, Facebook messenger, and other social media posts.  Gather physical evidence which might include:  Video or audio tapes;  Photographs;  Electronic or hard copy of calendar;  Photographs of the physical location where alleged events occurred;

An Administrator’s Guide to California Private School Law - Compendium ©2019 Liebert Cassidy Whitmore 189