An Administrator's Guide to California Private School Law Compendium

If the interview is being recorded, notice must be given to person being interviewed. The notice should be recorded on the tape. Even if the interview is recorded, take written notes regarding the witness’ demeanor and credibility.

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Strategies for conducting interviews. 

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Prepare lists of questions for each witness. 

Use list of questions as a rough guide/roadmap only.

 Ask any relevant follow-up questions regarding information provided in response to listed questions, even if not on the list of questions.  Do not ask questions that are irrelevant to the allegations being investigated.  Do not ask questions to elicit information protected by a person’s right to privacy unless necessary to a full and thorough investigation.  Ask open ended questions.  Ask the witness to define terms they use (and provide specific examples), such as, “harassment,” “discrimination, “retaliation,” and “offensive” or slang or unfamiliar terms. Do not tell the witness any claims or facts learned during the course of the investigation.  Consider reserving sensitive and potentially embarrassing questions until the end of the interview to avoid making the witness defensive early on.  Remind witnesses they will not suffer retaliation because they provided information during the investigation.  Advise if witnesses feel they have been retaliated against for participating in the investigation, they should report the alleged retaliation immediately.  Ask “Is there anything else?” at least two or three times and at the end of the interview.  Interviewing the complainant.  Be thorough in the interview of the complainant (or if no complaint filed, person allegedly harassed or discriminated against).  Ask the complainant if he or she ever discussed the allegations with anyone. If so, to whom and when? What did you tell him or her? If not, why not?  Ask the complainant for relevant documents and other evidence.  Ask the complainant if he or she kept notes or sent emails, texts, or social media messages or posts about what happened. If so, obtain a copy of those notes, emails, texts, or social media messages or posts if they are available.   Establish foundation (who, when, where, who else was present, etc.).

An Administrator’s Guide to California Private School Law - Compendium ©2019 Liebert Cassidy Whitmore 193