An Administrator's Guide to California Private School Law

Chapter 12 - Investigations

 Allegations of misconduct are investigated in a fair, timely, and thorough manner, that provides all parties appropriate due process and reaches reasonable conclusions based on the evidence collected.  Complaints are investigated by qualified personnel.  Complaints are documented and tracked for reasonable progress.  Complaints are responded to with appropriate options for remedial actions and resolutions if the investigation reveals that misconduct occurred.  Employees may complain, either orally or in writing, to someone other than their immediate supervisor, such as a human resources manager, EEO officer, or other supervisor; a complaint hotline; and/or the DFEH and the Equal Employment Opportunity Commission (“EEOC”).  Supervisors report any complaints of misconduct to a designated employer representative, such as a human resources manager, so the employer can try to resolve the claim internally.  Employees are not exposed to retaliation as a result of lodging a complaint or participating in any workplace investigation. 1936

Schools that have established valid and thorough complaint investigation procedures are expected by the courts, the EEOC, and the DFEH to closely follow those procedures for employee and student misconduct. LCW Practice Advisor If your school is incorporated as a religious non-profit corporation, and therefore, not required to establish a

complaint and investigation procedure under the FEHA, we recommend that you contact your legal counsel concerning all matters involving discrimination, harassment, and retaliation policies because this subject requires the consideration of multiple and complex issues.

2. D OCUMENT T HE C OMPLAINT If the investigation is triggered by a complaint, it should be thoroughly documented. A complaint can either be made verbally or in writing. When a complaint is made verbally, a written summary of the allegations should be made immediately and signed by the complainant, or the complainant should be asked to place his or her complaint in writing. If the complainant refuses to sign a written statement of the allegations or to submit a written complaint, a written record of the complaint should still be made with a notation of the complainant’s reluctance to place his or her complaint in writing. Having a written record of the complaint will assist in obtaining accuracy and clarity as to the charges to be investigated and will guide the investigator in conducting the investigation.

An Administrator’s Guide to California Private School Law ©2019 Liebert Cassidy Whitmore 434