8 | HR Connection
Conducting Investigations of Alleged Misconduct
10 Suggestions to Help Protect Your Students, Employees, District, and Yourself
Abraham F. Barker, Shareholder
More frequently, it seems school district administrators are being asked to conduct investigations into alleged misconduct that was previously the responsibility of law enforcement and protective services. As this trend develops, administrators are faced with high expectations to quickly reach correct conclusions but are not always provided with sufficient information, tools, and support to do so. The below suggestions are intended to help the investigator and the district reach their goal of determining the truth behind the claims, but they are not a substitute for specific legal advice. All investigations are different, and it is recommended that administrators contact their legal counsel with questions
concerning the particulars of the issue they are facing. 1. The Formula for a Successful Investigation is in Place Long Before a Complaint is First Made If you wait to determine how to initiate and conduct an investigation until the complaint is made, you will likely feel behind, rushed, and uncertain of the steps to take. This could lead to missing key evidence or witnesses, and result in conclusions that may be difficult to defend. Its important to realize that investigations can be carried out pursuant to several different district policies, including: DIA (Employee Welfare/Harassment and
Discrimination); FFH (Student Welfare/ Harassment and Discrimination); DGBA (Personnel/Employee Complaints and Grievances); FNG (Student Rights and Responsibilities); and FFI (Freedom from Bullying). For each of the different types of investigations, there should be a plan in place concerning who will be responsible for overseeing the investigation and who the investigator(s) will be. It is also a good idea to decide for which types of claims, such as those brought against administrators or board members, you want outside legal counsel to conduct the investigation. Counsel can often help provide a stronger sense of impartiality and help insulate the district from liability and disclosure of specific information discovered during the investigation.
