An Administrator's Guide to California Private School Law
Chapter 12 - Investigations
What did [the complainant] do in response to the conduct? Was anyone else present during the incident? Who was present during the incident? Is there anyone else that might have information regarding this complaint? Who? What information do you think they might have? Are you aware of any facts showing that the allegations are not true? Do you have an explanation for your conduct? Do you have any documents or physical evidence that relate to this complaint? Has there been conflict between you and the complainant? Are you aware of any reason the complainant would make untrue allegations about you? Have you ever known the complainant to make untruthful statements? Are you aware of the school’s policies on harassment and discrimination? What are the school’s policies on harassment and discrimination?
An investigator should allow the alleged wrongdoer a fair opportunity to explain his or her alleged conduct. Without a fair opportunity to respond to each allegation, the investigator cannot prepare a balanced report based on the evidence.
LCW Practice Advisor
iii. Questions For The Witnesses:
Did you observe any interaction involving [the complainant] and [the alleged] on [date and time]? What did you observe? Did [the complainant] respond to the conduct? What did [the complainant] do in response to the conduct? Did [the alleged] do anything further after [the complainant] responded? Have you seen this type of behavior between [the complainant] and [the alleged] before this incident? Are you aware of the school’s policies on harassment and discrimination? In general could you describe your understanding of those policies? Did you report [the alleged’ s] conduct to a supervisor?
An Administrator’s Guide to California Private School Law ©2019 Liebert Cassidy Whitmore 455
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