This workbook is designed for supervisors and  managers who are responsible for investigating 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.  The workbook provides a step-by-step guide for conducting an administrative investigation, including practice points specific to investigating complaints in K-12 and community college districts.  First, in applying the principles discussed in this workbook, both K-12 and community college districts must be mindful of any internal policies, regulations, and/or contract language that may affect the handling of employee complaints.  Second, Title 5 of the California Code of Regulations impose specific timelines and procedures on both K-12 and community college districts with regard to certain employee complaints. Finally, investigators in educational settings are often called upon to interview students.  These interviews raise particular challenges such as heightened fears of retaliation, eliciting credible information, and student safety.

Topics Include:

• When Should an Investigation Be Conducted?
  • When There is a Possible Violation of a Standard of Conduct
  • When There is Alleged or Suspected Discrimination OR Harassment
  • Before the Investigation Begins
• What Standard Does an Investigation Have to Meet?
• Who Should Be Assigned to Conduct the Administrative Investigation?
  • Selecting the Right Person for the Job
  • When to Use an Outside Investigator
  • Investigator Determines the Facts
  • Using an Attorney to Conduct an Investigation
  • Using an Attorney to Direct a Third Party Investigation
  • Must an Outside Investigator Be a Licensed Private Investigator?
• Beginning the Investigation
  • Preliminary Issues to Consider Prior to Starting the Investigation
  • When Do You Advise the Employee That He/She is the Subject of the Investigation?
  • What if the Subject Matter of the Investigation Relates to Criminal as Well as Administrative Misconduct?
  • Have a Good General Knowledge of District Policy Regarding the Conduct Alleged
• Gathering the Facts
  • Create a Binder
  • Background Documents
  • Documentary and Physical Evidence
  • Interviews
  • Administrative Searches
  • Polygraphs
  • Access to and Use of Criminal Records
  • Concluding the Investigation
• Evaluating the Facts
  • Review Your Investigation Binder
  • Make Factual Findings
  • Make Conclusions of Policy only– If Directed to Do So
• Writing the Report
  • Contents of the Report
  • Attachments to the Report
  • Confidentiality of Investigation Report: How Much Can or Should Be Disclosed to the Complainant or the Accused?
• Taking Corrective Action
  • Prompt and Effective Remedial Action
  • Type of Corrective Action