CONDUCTING A SCHOOL-BASED INVESTIGATION

OVERVIEW

Conducting an objective school-based investigation is a necessary administrative function whenever there is an allegation against an employee. In some instances, allegations may require the involvement of Child Protective Services and Henrico Police. In such cases, it is critically important to immediately notify Human Resources. A school-based investigation can only be initiated after HCPS is notified of the status from CPS and the police. It is very important that a school-based investigation does not infringe upon any active criminal or social services investigation.

Administrators must also immediately notify the Compliance Office for any allegations that may constitute prohibited discrimination or harassment.

PROCEDURE & BEST PRACTICES

Realizing that every alleged infraction is unique, it is important to consult with Human Resources to assist with determining next steps. Depending on the severity of the allegation, the consequence may include placing the employee on leave, proceeding with a school-based investigation, and/or notifying other agencies and/or HCPS leaders of the allegation.

STEP 1: Fact Finding

Once it has been determined that CPS and/or the Police are not investigating, the assigned administrator may proceed with a thorough school-based investigation. This may include reviewing video footage, interviewing witnesses, and obtaining statements from students, with employees, and/or others who may have some knowledge of the allegation. When interviewing potential witnesses it’s best to have two administrators present. Take notes and summarize the interview while the conversation is fresh.

Prepare questions in advance. Ask open-ended questions, e.g.,

Is there anything more that you would like to share that may be relevant to this matter?

The interviewees should be reminded to maintain confidentiality throughout the investigation and that retaliation is prohibited and will not be.
Your notes should contain factual details as they may eventually be a component of the employee record, reviewed on appeal or reviewed by OCR during an OCR investigation.

STEP 2: Review and Assess Evidence

After conducting the fact finding process, the administrator should consult with Human Resources to further assess next steps. HR will review the employee personnel record to determine if similar infractions are documented.

Consider any interim measures to support staff and students.

STEP 3: Employee Meeting

Following the consultation with HR, the administrator and a witness should meet with the impacted employee to review the evidence and to provide them an opportunity to respond to the allegations. Take notes and summarize the interview while the conversation is fresh in your mind as it will become part of the investigative report.

STEP 4: Documentation

The administrator should consult with HR to review the findings and your recommended actions. In some cases, this may require HR to consult with the School Board attorney.

Following the meeting, the administrator should follow up with a letter to the employee summarizing the allegation to include if the allegation was substantiated and any necessary next steps. Utilize HR to assist with verbiage for documentation.