An Administrator's Guide to California Private School Law Compendium

 Keep a list of witnesses in the binder and update as necessary. Maintain a separate tab for each witness.  Contacting witnesses.  Schools should have an established procedure identifying:  Who is responsible for contacting the person(s) to be interviewed;  How the persons to be interviewed should be contacted, i.e., verbally or in writing;  What information should be provided to the person(s) to be interviewed;  What admonitions, if any, should be given to the person(s) to be interviewed; and  Whether to notify parents that their child is a witness.  Interview protocol.  Where and when should the interview take place?  Preferably at the school during school/work hours.  If done outside regularly scheduled school/work hours, employee must be paid any required overtime for time spent in the interview.  Provide reasonable breaks to allow employee or student to use the restroom, get a drink of water or other beverage, or stretch.  Avoid breaks while questions are pending.

Who should be present at the interview?  Investigator.  Person being interviewed. 

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The person’s representative where appropriate.

Consider having a third party present if the interview is not being tape recorded to take complete notes.

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 When interviewing minors, typically ask a parent or guardian if they wish to be present or minor may wish to have a school support person, such as a counselor attend.  Admonitions to give during the interview.  Advise the individual being interviewed he or she is being interviewed as part of an investigation into “alleged workplace [or student] misconduct.”  When a school determines based on adequate facts, that witnesses need protection, evidence is in danger of being destroyed, testimony is in danger of being fabricated, or there is a need to prevent a cover up, it has the option

An Administrator’s Guide to California Private School Law - Compendium ©2019 Liebert Cassidy Whitmore 191