An Administrator's Guide to California Private School Law

Chapter 12 - Investigations

Some individuals believe tape recording can be disadvantageous as it can be intimidating and make the witness reluctant to provide information. These concerns can typically be handled by an experienced investigator establishing a comfortable rapport with the witness and letting the witness know all witness interviews (not just his or hers) are being recorded, the reason they are being recorded, and that it is the best way to obtain an accurate record of the information provided. If the investigator decides not to tape record and to take notes only, he or she should be very careful in taking the notes. The investigator must be cognizant that careful notes taken at the beginning of an investigation, with as much information stated by the interviewee as possible, is essential to support the investigator’s conclusions, and will be important if the complainant or accused challenges those conclusions. The interviewer should also consider whether to transcribe the interview notes, particularly if his or her handwriting is unclear. Following the interview, the investigator should review his or her notes with the interviewee to confirm accuracy and ask the interviewee to sign a written statement that summarizes the information provided during his or her interview. The investigator should prepare the written statement using his or her written notes, should include all the necessary information, and should ask the witness to sign the statement shortly after the interview. The investigator should always take notes regarding the witness’s demeanor and credibility observations, even when an interview is tape recorded. These observations may be helpful in making credibility determinations or describing relevant observations of the witness’s behavior in an investigative report. The investigator should be aware that tape recordings of interviews and his or her interview notes or other notes, may be subject to discovery in a subsequent administrative or judicial proceeding. This is another reason the interview should always be professional and respectful in tone, as should any interview notes. All things considered, tape recording the interview is the most effective way to have an accurate record of what a witness stated. LCW Practice Advisor While the law is not clear on whether consent is required, notice that the interview is being tape recorded must be given to the person being interviewed! Such notice should be recorded either on the tape or in writing. vii. Special Accommodations The investigator should be prepared to: (1) provide a translator for parties or witnesses who are not proficient in English; and (2) provide assistive devices for parties or witnesses who have a disability which necessitates this to effectively participate in an interview.

An Administrator’s Guide to California Private School Law ©2019 Liebert Cassidy Whitmore 462