An Administrator's Guide to California Private School Law

Chapter 12 - Investigations

The investigator should make sure he or she fully understands the allegations and issues presented by the complainant, as well as the relevant policies. An effective tool is for the investigator to write down a list of the allegations and relevant policies to make a clear road map of what he or she needs to investigate. 3. R EVIEW T HE A LLEGATIONS : W HAT T YPE O F H ARASSMENT ? Investigations are better focused and obtain more relevant information if the nature of the complaint is well understood. For example, when a school receives and documents a complaint of harassment, it must review the allegations to determine what type of harassment the complaint alleges. Unlawful harassment includes both hostile work environment and quid pro quo sexual harassment. Keep in mind though, that harassing conduct might violate a school’s policies and be subject to discipline or other corrective action, even though it does not rise to the level of unlawful harassment. LCW Practice Advisor Identifying the type of harassment alleged in the complaint is critical. See the Recognizing and Preventing Harassment, Discrimination and Retaliation Chapter for more details.

W HO S HOULD B E A SSIGNED T O C ONDUCT T HE I NVESTIGATION ?

Section 3

A. S ELECTING T HE R IGHT P ERSON F OR T HE J OB Before an investigation can begin, the school must select an investigator. The investigator is responsible for:  Conducting the investigation, including interviewing witnesses and reviewing documents;

 Evaluating the information provided;  Making credibility determinations;  Rendering factual findings; and  Writing a report.

Conducting an investigation is a major responsibility. In discipline cases, employees or students might challenge the fairness or accuracy of the investigation, making the investigation itself subject to scrutiny in a hearing or judicial proceeding. If litigation ensues, the plaintiff will typically gain access to the investigation: the written report and the investigator’s binder, including the investigator’s notes, might be discoverable. It is therefore crucial that the school

An Administrator’s Guide to California Private School Law ©2019 Liebert Cassidy Whitmore 435