An Administrator's Guide to California Private School Law

Chapter 12 - Investigations

4. I NTERVIEW S TRATEGIES

a. Establish An Appropriate Interview Tone In all interviews, the investigator must convey the seriousness which all complaints deserve. The investigator should inform witnesses that the investigation has not been completed and that a decision regarding the issues being investigated will be made only after the investigation is complete. It is important that the investigator create an atmosphere that is supportive and conducive to the full development of information, during all communications and contacts with the complainant, accused and witnesses. Some complainants may believe that by coming forward with a complaint, they are taking substantial risks. These risks include possible retaliation by the perpetrator, the prospect that they will not be believed, and possible adverse impact on their present job and future promotional opportunities. Witnesses may also be concerned about possible risks, such as retaliation for participating in the investigation process. The accused may believe he or she is at risk of being terminated or otherwise disciplined if the allegations are sustained and may be defensive and hesitant during the interview. Given these perceptions, an investigator should always use both a professional and non-judgmental tone. It is critical that the investigator not prejudge the case based on the complaint. The complaint is the triggering device for an investigation; no basis exists for deciding whether harassment occurred or who is “telling the truth” until a full and fair investigation is complete. Basic fairness requires that the positions of both the complainant and accused be received with openness, and that the investigator refrain from pre-judging what happened or who is telling the truth until all of the relevant facts have been obtained. b. Forms Of Questioning: Do’s And Don’ts i. Ask Open-Ended Questions (i.e., “What Did He Do Next? What Was Your Response?”) The investigator should have an outline of the information he or she wants to gather in order to make factual determinations on the allegations and a list of open-ended questions designed to illicit that information. The investigator should avoid leading questions (e.g., “Isn’t it true that you forced her into the room?”). Leading questions point to an answer, might suggest that the investigator has prejudged the issue, might make witnesses feel defensive and less willing to provide information, and are not an effective way to gather the most information. Asking open ended-questions is the best way to obtain a full description of what occurred and specific questions may be asked to wrap up an area of questioning. The investigator should also avoid asking compound questions by breaking queries into smaller segments. LCW Practice Advisor

The investigator needs to discover what the witness actually observed. Therefore, do not tell the witness any of the claims or facts learned in the course of the investigation. Imparting information to witnesses might cloud their memories and make them unsure of what they actually remember.

An Administrator’s Guide to California Private School Law ©2019 Liebert Cassidy Whitmore 463