Finding the Facts - Disciplinary and Harassment Investigation

Title 5 requires that each district designate one person as the district officer responsible for receiving complaints and coordinating their investigation. But depending on the circumstances, that district officer can assign the actual investigation of the complaint to other staff or retain an outside investigator. 28 Districts should consider retaining an outside investigator if the complaint names or implicates a high ranking employee or if it involves particularly sensitive issues. Once the district officer assigns the complaint for investigation, the district should provide the investigator with relevant documents and information, as well as access to potential witnesses. On May 2, 2017, the DFEH issued its Workplace Harassment Guide for California Employers. The Guide provides comprehensive instruction to employers on how to investigate reports of workplace harassment. Although the Guide is focused on workplace harassment, and should be used for discrimination and retaliation claims as well, it is an excellent resource that should be consulted in conducting any type of investigation concerning employees. a. School Districts On certain occasions, school districts are required to provide information relating to the results of an investigation and any corrective action that will be undertaken. The employer should review any applicable complaint procedures, board policies and administrative regulations. School districts should be aware that the Title 5 Uniform Complaint Procedure requires them to provide the complainant with a copy of the district’s “Decision.” The Decision must be provided no later than sixty (60) days after the complaint is filed and should contain the following:

 The findings of fact based on the evidence gathered,



Conclusion of law,

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Disposition of the complaint,

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The rationale for such disposition,

 Corrective actions, if any are warranted,

 Notice of the complainant’s right to appeal the Decision the State Department of Education, and  Procedures to be followed for initiating an appeal to the State Department of Education. 29 b. Community College Districts Title 5 of the California Code of Regulations requires that districts investigate and attempt to resolve complaints alleging violation of state and federal anti-discrimination laws. 30 It sets forth the specific procedures districts must follow when handling discrimination complaints filed by students and employees. 31 Title 5 also mandates that districts implement formal complaint procedures. 32

Disciplinary and Harassment Investigations ©2020 (e) Liebert Cassidy Whitmore 12