An Administrator's Guide to California Private School Law Compendium
Being a whistleblower.
If the complaint concerns general misconduct by a student or employee, determine school standard of conduct or policy that was allegedly violated or other alleged misconduct on which the complaint is based such as: Bullying; Academic dishonesty; Physical abuse; Drug or alcohol use; and/or Theft. Select the appropriate person to conduct the investigation. The investigator is responsible for: (1) conducting the investigation to gather the facts, including witness interviews and document review; (2) evaluating the facts; (3) making any needed credibility determinations; (4) rendering factual findings; and (5) making a verbal or written report. Depending on the circumstances, the investigator may be any of the following: Head of School; Principal or Division Head; Director; Human Resources Director; Another designated administrator; Private licensed investigator; or Attorney acting in his or her capacity as an attorney. Factors to consider in selecting the investigator include: Qualifications, knowledge and training; Credibility, rank and experience; Personality, demeanor and character; Impartiality; and Adequate time. Consider whether it is appropriate or necessary to utilize someone from outside the school to conduct the investigation. Utilizing an outside investigator is often advisable including in the following circumstances: Alleged harasser is a high level administrator at the school; The investigation is complex; and/or The school does not have an administrator with adequate qualifications, knowledge, training, credibility, rank, experience, appropriate personality,
An Administrator’s Guide to California Private School Law - Compendium ©2019 Liebert Cassidy Whitmore 187
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