Understanding the

Understanding the Investigative Process

By Sean DeVetter, PAGE Staff Attorney

Attorneys in the PAGE legal department guide PAGE members through investigations on a daily basis. While we are very familiar with these investigations, frequently, our members are not. Most educators we speak with have never been in any type of trouble. The lack of familiarity with the investigative process adds another layer of anxiety. This article seeks to familiarize members with the investigative process, and alleviate some anxiety.

A typical investigation begins when an educator is notified that there is an allegation. Usually, this is done by the principal. He/She will let you know of the accusation, which generally begins with, “Someone said you did X.”

Any or all of the following steps may take place: Someone in the district will question you about the alleged event. This may be your administrator during the initial meeting when she tells you of the accusation. Or, it could be someone from human resources. It will just depend on your district’s specific protocol. You may be required to provide a written response to an allegation. If the allegation is of a more serious nature, especially if it involves harming a student, an educator will most likely be placed on paid administrative leave while the district investigates. This is typical protocol and is not indicative of guilt. If there is an allegation of harming a student, the district may make a referral to Department of Family and Children Services (DFCS) or the local police. Usually, somewhat later in the investigative process, if the district believes an ethics violation occurred, it refers the case to the Professional Standards Commission. Questioning The most important first step when dealing with any investigation is to remain calm. Just because the district questions you does not mean you have done anything wrong; this is overwhelmingly the case. An accusation is not a conviction. Remember, the district is obligated to investigate allegations of wrongdoing. If a district fails to conduct an investigation, it opens itself to liability.

If you suspect you’ll be questioned by the district, and you have time, call the PAGE legal department first. In most cases you won’t have any warning you are going to be questioned. Most school districts do not allow you Just because the district questions you does not mean you have done anything wrong; this is overwhelmingly the case. An accusation is not a conviction. Remember, the district is obligated to investigate allegations of wrongdoing.

to have representation present during an initial investigation. Don’t let this catch you off guard. It’s important when speaking with admin that you remain calm and professional. Answer questions honestly and allow administrators to sort out fact from fiction. When speaking with administration, answer the question that is asked of you; do not provide extraneous information. At this point in an investigation you are your best advocate. If you believe pertinent information should be given, by all means, provide that information. Nervous people tend to ramble. If you are nervous, saying less is better than saying more. The investigator will ask you the questions they want answered. Don’t guess at what they are after. We can always supplement a statement after the fact but we cannot retract information once it has been shared with administration. When the questioning is over, as soon as you have time, call the PAGE legal department. If you’ve forgotten to provide any information we can help you supplement your statement to the investigator.

If the police or DFCS want to question you, remember, you have the right to have an attorney present for the questioning. If this situation arises, we recommend you tell the police officer or DFCS investigator that you are happy to speak with them but want to make sure your attorney is present for the questioning.

Written Statements When educators are asked to write a statement, they are usually given ample time by the investigator. This means you will have time to consult with an attorney before submitting a statement.

We suggest you take advantage of this opportunity. On the rare occasions you are not given much time to submit a written statement, your written statement should match the answers you’ve already given to the investigator. Again, contact an attorney as soon as you are able; if we need to supplement your statement, we will.

Paid Administrative Leave Educators are frequently placed on paid administrative leave while the district conducts an investigation. I cannot stress enough how often we see this commonly employed tool of school districts. Most educators placed on paid administrative leave have never heard of this process and are terrified. This protects you as much as it protects the district and the children. Having you out of the building allows the district to conduct their investigation while ensuring you aren’t facing accusations from students, faculty or parents. If colleagues reach out to you to find out what is going on, it is best to not communicate with them regarding the underlying investigation. This is to avoid a second accusation that you are attempting to influence the investigation. During this time you are still an employee of the district and may be recalled to work any time during normal working hours. You may be asked to complete certain duties, such as grading papers, creating lessons and communicating with parents over email. You must remain ready and able to work during normal business hours.

While you are on paid administrative leave the district will conduct its investigation. Once the investigation has concluded, you will either be returned to work or presented with the district’s disciplinary decision. You will be notified of the district’s decision by an administrator or HR representative.

Referral to the PSC Teachers regularly tell us that their administration threatened to report them to the PSC. Know that school districts are required to report ethics violations to the PSC. Failure to make a report is a violation of the code of ethics. If you are under investigation by the PSC, you will have ample time to contact an attorney and provide a response to the investigator. The PSC mails its letter of investigation to the address it has on file for you in their database. Make sure your address with the PSC is up to date. Make sure you abide by the dates in the letter and always respond to the PSC. Failure to respond can lead to serious consequences, including loss of certification for refusing to participate in an investigation.

Please note the above information is not intended to provide specific advice for your situation. All legal situations are different and fact-specific. This information is intended to familiarize you, on a very basic level, with the investigative process. If you are under investigation, you have enough stress to deal with. There is no need to add stress to the situation because you don’t know what is happening, or why it is happening.

As always, if you have a legal issue, call the PAGE legal department first or as soon as you are able. n

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