An Administrator's Guide to California Private School Law Compendium

C HAPTER 12 – I NVESTIGATIONS D OCUMENT 12.A

C HECKLIST : T HE B ASICS O F I NVESTIGATING C OMPLAINTS O F E MPLOYEE A ND S TUDENT M ISCONDUCT This checklist is directed to administrators who are responsible for investigating reported allegations or evidence of employee and student misconduct. 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 checklist is designed to provide a general overview of the basic steps to conducting an internal investigation. Liebert Cassidy Whitmore cautions that this checklist is a general overview and that the steps taken in each individual situation should be carefully evaluated whenever a complaint is received and it is critically important to consult with and receive the assistance of legal counsel. WHEN TO CONDUCT AN INVESTIGATION:  When there is a possible violation of a standard of conduct, school policy, or other alleged misconduct.  When there is alleged or suspected harassment, discrimination, or retaliation.  If you know of possible harassment, discrimination, or retaliation or think you may know of possible harassment, discrimination, or retaliation because of rumors or something you see or hear, promptly investigate. DO NOT WAIT FOR A FORMAL COMPLAINT.  Investigation should proceed even when the alleged victim or other complainant does not request or consent to an investigation.  In such circumstance, elicit and address any specific concerns that the complainant has regarding an investigation.  Investigation should start promptly after receipt of the complaint (if one is filed) or when the school otherwise becomes aware of the possible violation of a standard of conduct, school policy, other alleged misconduct, or suspected harassment, discrimination, or retaliation. BEFORE THE INVESTIGATION BEGINS:  Review and follow the school’s investigation procedure in any applicable school policy.  Document the complaint.  If the complaint was made verbally:

An Administrator’s Guide to California Private School Law - Compendium ©2019 Liebert Cassidy Whitmore 185