An Administrator's Guide to California Private School Law Compendium

of directing all individuals interviewed that they should not discuss with other individuals:  The fact that they are being interviewed;  The existence of an investigation; or  The questions asked or answers provided during the interview process.  Schools that ask for confidentiality during an investigation of employee misconduct should be prepared to establish that confidentiality is necessary to protect a witness, prevent the destruction of evidence, preserve testimony, prevent a cover-up, or further another legitimate business interest.  Where applicable, if an employee refuses to answer a question, admonish the employee that refusal to cooperate constitutes insubordination and may subject the employee to discipline. A student’s refusal to be interviewed may violate the school’s student conduct policies and may also be a basis for discipline.  If using an outside investigator, prior to the interview, the employee or student being interviewed should be given a memorandum from the employee’s supervisor or other person with proper authority which informs the employee/student of the investigation, directs the employee/student to cooperate in the interview and informs the employee that failure to cooperate will constitute insubordination / violation of policy which may result in discipline. Advise all interviewees that they will not be retaliated against for participating in the investigation. Advise the accused employee or student and anyone else having the authority to take adverse employment actions against persons involved in the investigation that they shall not retaliate against the complainant or anyone else associated with the investigation for having complained about harassment or discrimination or participating in the investigation.  Advise all witnesses that retaliation is not permitted and to whom to report if they believe they are being retaliated against.  If asked, do not promise complete confidentiality and advise the witness that information may need to be disclosed in order to fully investigate the matter, to take any corrective or remedial action, or in certain other circumstances.  

Recording interviews. 



Audio record interviews whenever possible.

As an alternative to recording, prepare a written statement of the interviewed person containing the information provided and have the person sign the statement promptly.



An Administrator’s Guide to California Private School Law - Compendium ©2019 Liebert Cassidy Whitmore 192