An Administrator's Guide to California Private School Law

Chapter 12 - Investigations

Before interviews are conducted, however, the investigator must decide:  Who should be interviewed;

 The order in which the interviews should be conducted; and  What questions to ask. One way to make these preliminary determinations is to develop a chart containing:  The alleged elements of wrongdoing which if true would qualify as a violation of policy;  What facts must be determined to establish each alleged element of wrongdoing; and  Possible witnesses concerning each alleged element of wrongdoing. We again use a workplace harassment investigation as an example. In a case involving an allegation that a supervisor told an employee that her odds of receiving an upcoming promotion were good if she “played ball” and then asked her out to dinner, a chart may look like this: COMPLAINT: Quid Pro Quo Sexual Harassment Condition No. 1: Was a sexual favor sought? Example of Certain Needed Facts: What did the supervisor say? Did the supervisor use the term “play ball”? Did the supervisor ask the complainant out to dinner? If so, what did the supervisor mean by “play ball”? Did the dinner invitation constitute a request for a sexual favor? Why did the dinner invitation constitute a request for a sexual favor? Was any other sexual favor sought? Did the supervisor ask other employees to dinner? If so, who? Witnesses: Did anyone observe or overhear the conversation between the supervisor and the complainant? Was anyone else at dinner with the supervisor and complainant? Have any other employees complained about being harassed by the supervisor and if so, what was the determination with respect to those allegations? Has the complainant complained about being sexually harassed by any other employees and if so, what was the determination with respect to those allegations? Condition No. 2: If there was sexual conduct, was it unwelcome? Example of Certain Needed Facts: Did the complainant go to dinner with the supervisor? Why? Was she uncomfortable? Did she feel she could refuse the invitation? Did she feel she could leave dinner? Had she ever gone to dinner with the supervisor before? Witnesses: See Condition No. 2. Did the complainant talk to any co-workers about the alleged conduct of the supervisor?

An Administrator’s Guide to California Private School Law ©2019 Liebert Cassidy Whitmore 449