An Administrator's Guide to California Private School Law

Chapter 12 - Investigations

The DFEH Workplace Harassment Guide identifies the minimum training an investigator should have completed and states that, at a minimum, an investigator’s training should cover:  information about the law shaping recommended practices for investigations;  how to determine scope (what to investigate);  effective interviewing of witnesses;  weighing credibility;  analyzing information; and  writing a report. 1939 The Guide states an introductory training program typically lasts a full day (some training is longer) and includes skill-building exercises. 1940 2. P ERSONALITY , D EMEANOR A ND C HARACTER The investigator should be someone who is patient, thorough, assertive, and skilled at communicating with a variety of and different types of individuals. Many investigations, harassment investigations in particular, involve interviewing individuals who are reluctant to provide information. The investigator must be capable of establishing a rapport and pursuing lines of questioning with individuals who are reluctant or deceptive during an interview – while remaining unbiased and maintaining a non-accusatory, positive rapport with interviewees. Any proceeding which can result in the imposition of discipline has the potential to become adversarial and confrontational. Nevertheless, the investigator must always remain professional and courteous, which is why it is critical to select an investigator with the appropriate personality, demeanor and character. 3. I MPARTIALITY Perhaps the most important quality of an investigator is impartiality. To conduct a fair investigation and to minimize claims of conflict of interest, the investigator must not be biased in any manner toward the individuals involved in the investigation. The investigator should not be an advocate for the complainant, the alleged wrongdoer, or the school. Neutrality and objectivity enhance the credibility of the investigator and the investigation. Investigators who demonstrate impartiality and integrity will be more effective in conducting investigations. Additionally, the investigator must not have any biases regarding the nature of the allegations being investigated. If any doubt as to the investigator’s ability to remain impartial throughout the course of the investigation exists, the school should assign another investigator. 4. R EPORT -W RITING A BILITY The investigator must have the ability to summarize and analyze the evidence gathered during the investigation in an effective and organized manner. The report should include credibility

An Administrator’s Guide to California Private School Law ©2019 Liebert Cassidy Whitmore 437