An Administrator's Guide to California Private School Law

Chapter 12 - Investigations

and (3) reprimanded and transferred the alleged harasser, even though there were no corroborating witnesses. Steiner v. Showboat Operating Co. 1932 An employee prevailed where the employer failed to promptly investigate a claim of harassment after (1) the plaintiff complained of sexual harassment, (2) the employer did not initially investigate the claim, (3) the employee filed a charge with the Nevada Equal Rights Commission, and (4) the employer then investigated the complaint. Valentín v. Municipality of Aguidilla 1933 A jury found in favor of an employee in a harassment case where the agency did not conduct an investigation after (1) the employee complained to the designated complaint-receiver, lieutenant in charge of internal affairs investigations, the Police Commissioner, and the Mayor, (2) the accused and his friends admonished and disciplined the employee, and (3) the employee took two leaves of absence due to stress from the harassment. Dept. of Fair Employment & Housing v. Lyddan Law Group 1934 The DFEH may prosecute an action for failing to take all reasonable steps to prevent harassment as an independent violation even where there is no legally actionable claim of harassment.

Bottom line: To avoid liability, investigate promptly and consistent with the investigation requirements and guidelines established by the DFEH, applicable case law, and the School’s own policy and procedure. D. B EFORE T HE I NVESTIGATION B EGINS 1. F OLLOW T HE S CHOOL ’ S I NVESTIGATION P ROCEDURE Private schools (excluding those incorporated as religious non-profit corporations) have long had an affirmative duty to take reasonable steps to prevent and promptly correct discriminatory and harassing conduct in the workplace under the FEHA. 1935 One of the requirements in meeting the obligation to take reasonable steps to prevent and promptly correct discriminatory and harassing conduct is to have a discrimination and harassment policy. The Fair Employment and Housing Council adopted amended regulations, effective April 1, 2016, that specify that a school’s written internal complaint process must ensure that:  Employees’ complaints are designated confidential, to the extent possible, although the school is not required to keep the investigation of the complaints completely confidential.  Complaints are responded to and closed in a timely manner.

An Administrator’s Guide to California Private School Law ©2019 Liebert Cassidy Whitmore 433