An Administrator's Guide to California Private School Law Compendium

Identify factual bases for any of the allegations; Identify the absence of factual bases for any allegations;

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 Identify factual bases for any responses/counter-allegations raised by witnesses or accused individuals;  Identify the absence of factual bases for any responses/counter- allegations raised by witnesses or accused individuals;  Make credibility determinations to resolve disputed material facts; and  Make conclusions of policy only if directed to do so.  Unless otherwise directed, the Head of School or other designated administrator, and not the investigator (unless the Head of School or other administrator is the investigator), should make determinations on code of conduct or policy violations and should consider utilizing legal counsel to assist in making such conclusions. Consult with legal counsel regarding possible violations of law. The investigator should be directed not to make any legal conclusions and the school should not make legal conclusions as there is no need to do so in conjunction with an investigation. The school may consult with legal counsel after it obtains the results of the investigation regarding potential legal liability. The investigation report typically sets forth in writing the following:  Introduction and Allegations;  Methodology;  Persons Interviewed;  Documents Reviewed;  Summary of Relevant Facts; and  Findings of Fact and Evidence Supporting Each Finding of Fact.  Report should be written in an objective, balanced way. Avoid taking sides or being swayed by emotion.  Attach relevant documents to written report.  Confidentiality of report.  Maintain written report in confidence.  Copy should not be given to the complainant, alleged wrongdoer, or anyone else unless there is a substantiated need to know. 

WRITING THE REPORT 

An Administrator’s Guide to California Private School Law - Compendium ©2019 Liebert Cassidy Whitmore 195