Disciplinary and Harassment Investigations

I NTRODUCTION

Section 1

This workbook is directed to supervisors and mid and upper level managers who are responsible for investigating or arranging for an investigation into reported allegations or evidence of employee misconduct, including harassment. The purpose of an investigation is to gather all of the facts needed to make a determination as to what occurred or did not occur. This workbook is designed to provide a step-by-step guide for conducting an administrative investigation. However, Liebert Cassidy Whitmore cautions that this information should not be viewed as a substitute for early evaluation whenever a complaint is received, and cannot replace the critically important assistance of legal counsel.

W HEN S HOULD AN I NVESTIGATION B E C ONDUCTED ?

Section 2

A. W HEN T HERE IS A P OSSIBLE V IOLATION OF A S TANDARD OF C ONDUCT In the overwhelming majority of California public agencies, discipline can be imposed only if the employee has violated a clearly defined standard of conduct. An administrative investigation into alleged misconduct by an employee should therefore be conducted when there is reasonable suspicion to believe that an employee has violated a rule or regulation. Below are common personnel rules and regulations and/or memoranda of understanding (MOU) provisions that provide for the imposition of discipline: Any permanent or probationary employee may be dismissed, demoted, or suspended for the following causes:

a) Immoral conduct.

b) Unprofessional conduct.

c) Dishonesty.

d) Incompetency.

e) Addiction to the use of controlled substances.

f) Failure or refusal to perform the normal and reasonable duties of the position.

g) Conviction of a felony or conviction of any misdemeanor involving moral turpitude.

h) Fraud in securing appointment.

i) Drunkenness on duty.

j) Violence or threats of violence in the workplace.

Disciplinary and Harassment Investigations ©2020 (s) Liebert Cassidy Whitmore 6