bullying, discrimination, and harassment … discrimination... · employee victim investigation...

BULLYING, DISCRIMINATION, AND HARASSMENT

COMPLAINT PROCEDURES

EMPLOYEE VICTIMS

NEBO SCHOOL DISTRICT BULLYING, DISCRIMINATION, AND HARASSMENT COMPLAINT PROCEDURES

EMPLOYEE VICTIMS

-or-

HR Determination

As you investigate –

Any documentation can and will be used in litigation. Document! Document! Document! 1. Take notes during or soon after each interview. 2. Review notes for accuracy and inconsistencies. 3. Clearly identify when notes were drafted, who drafted them, and

who was present. 4. If notes are handwritten, make sure they are legible. 5. Do not destroy any notes for at least two (2) years.

Any party to a conversation may record the conversation

without your knowledge. Communicate within legal parameters. DO NOT make any promises. You may or may not be able to

keep it confidential. Tell them you expect confidentiality. Let the employee know that he/she will not be retaliated

against by NSD for providing truthful information. Further instances of alleged bullying, discrimination, or

harassment should be immediately reported. CAREFULLY follow all procedures outlined in NSD Policies

#GBEB, JDD/GBEA, and GCPD.

CAUTION

-or-

Discipline the Perpetrator

Address Effects on Work/School Environment

Receipt of Bullying, Discrimination, and Harassment

Complaint Form

Send Copy to Director of Human Resources Notify Law Enforcement /

UPPAC(If appropriate or required by law)

Investigate

District Investigation (If appropriate)

District Department School

Address Effects on Victim

Send Copy to Coordinator of Student Services

(If involves a student perpetrator)

EMPLOYEE VICTIM INVESTIGATION FORMS Form #1, Investigation Checklist page 1 of 1 Version 7/2015

This Civil Rights Investigation Checklist is to be used by school administrators and department supervisors any time they are involved with conducting an investigation concerning bullying, hazing, retaliation, discrimination, harassment, or sexual harassment against an employee as described in Nebo School District Policies #GBEB, JDD/GBEA, and/or GCPD. Carefully follow the investigation procedures outlined in Section 10 of Nebo School District Policy #GBEB. The investigation file should be kept separate from personnel or student education files.

Victim(s):

Perpetrator(s):

Check the box(es) to indicate the type of alleged conduct being investigated: Bullying/Cyber-Bullying

Discrimination Harassment Hazing Retaliation

Check the box(es) to indicate the basis of possible discrimination or harassment: Race/Color/National Origin

Sex/Gender Sexual Orientation

Gender Identity Religion

Pregnancy Disability Age Status as a Veteran

N/A or None

Briefly describe the evidence giving rise to this investigation:

Indicate the date on which each step of the investigation is completed:

___________ Investigation File Created (electronic and hard copy)

___________ Human Resources Director Notified (copy of Complaint Form provided to HR Director)

___________ Video, Documents, and Other Physical Evidence Identified and Preserved

___________ Employee Victim Interviewed / Complaint Form Received

___________ Perpetrator Interviewed / Written Response Received

___________ Witnesses Interviewed / Witness Statement Forms Received

___________ Investigation Report Completed (findings of fact, conclusions, determination of policy

violations - NSD Policies #GBEB, JDD/GBEA, and/or GCPD, and recommendations)

___________ Copies of Investigation Report Provided to Victim and Perpetrator (revised and redacted

as legally appropriate and necessary)

___________ Effects on Victim Remedied (if applicable)

___________ Effects on School/Workplace Environment Remedied (if applicable)

___________ Disciplinary Action Imposed on Perpetrator (if applicable)

___________ Other Recommendations Completed (if applicable)

___________ Investigation Closed

BULLYING, DISCRIMINATION, AND HARASSMENT INVESTIGATION CHECKLIST

EMPLOYEE VICTIM INVESTIGATION FORMS Form #2, Complaint Form page 1 of 2 Version 7/2015

Nebo School District maintains a firm policy prohibiting all forms of bullying, discrimination, or harassment

Complainant/Victim: Home Address: Home/Cell Phone: Work Phone: Email:

Check the box(es) to indicate the type of conduct you are complaining of:

Bullying/Cyber-Bullying Discrimination Harassment Hazing Retaliation Check the box(es) to indicate the basis of the conduct:

Race/Color/National Origin

Sex/Gender Sexual Orientation Gender Identity Religion

Pregnancy Disability Age Status as a Veteran N/A or None Date(s) / Time(s) of incident(s): Name(s) alleged perpetrator(s): Location of incident(s): Name(s) of witness(es):

Describe the incident(s) as clearly as possible, including what was said (threats, requests, demands, etc.), whether any physical contact occurred, and what force was used (attach additional pages if necessary):

Describe the harm caused by the incident(s) described above, including any alleged employment action, hostile work environment, or other adverse effects on your employment (attach additional pages if necessary):

BULLYING, DISCRIMINATION, AND HARASSMENT COMPLAINT FORM

EMPLOYEE VICTIM INVESTIGATION FORMS Form #2, Complaint Form page 2 of 2 Version 7/2015

Describe the remedy you seek, including any assistance you may need to address the harm described above (attach additional pages if necessary). [Please note that seeking a particular remedy does not confer authority on the victim to determine the discipline imposed on the alleged perpetrator. All remedies, including any disciplinary action, are within the exclusive authority and sole discretion of the School District]: This complaint is based on my honest belief that I have been bullied, discriminated against, or harassed as described above. I hereby represent that the information provided herein is true, correct, and complete to the best of my knowledge.

Signature: Date:

Information for Persons Filing a Complaint Overview of Investigative Process The Director of Human Resources will be promptly notified of this complaint and will determine whether to conduct a site-level and/or District-level investigation. If additional information from you is needed, you will be contacted for a follow-up interview. The investigation will also include interviews with, and written statements from, the victim, the person against whom the complaint is made, witnesses, and others identified as having pertinent information. The investigator will consider all the evidence and will make findings of fact and conclusions as to whether any District policies have been violated. If appropriate, disciplinary action may be taken against the perpetrator, and other actions may be taken to address the effects on the victim and the school/workplace environment. To the extent legally permissible, the victim and the perpetrator will be notified of these decisions. Confidentiality The investigation will be conducted in a reasonably confidential manner. However, witnesses and others with pertinent information may need to be made aware of the investigation and sufficient facts to elicit their verbal/written statements. The investigator will take measures to protect confidentiality of the victim and the accused, including directing all witnesses to refrain from disseminating information related to the complaint and investigation. You should also keep the complaint and investigation confidential. Do not attempt to conduct your own parallel investigation or discuss the facts of your complaint with other employees. No Contact You should avoid contact with the accused. This includes written, electronic, verbal, and in-person contact. If contact with the accused is unavoidable in the school/workplace, please notify the investigator.

EMPLOYEE VICTIM INVESTIGATION FORMS Form #3, Response Form page 1 of 1 Version 7/2015


Respondent: Home Address: Home/Cell Phone: Work Phone: Email: Date(s) / Time(s) of alleged incident(s): Name(s) of persons involved in incident(s): Location of incident(s): Name(s) of other witness(es):

Provide a detailed response to the complaint against you. This includes admitting or denying each allegation made and telling your version of the facts (attach additional pages if necessary): I hereby represent that the information provided herein is true, correct, and complete to the best of my knowledge.

Signature: Date: Confidentiality & Retaliation In order to protect the privacy interests of individuals and to ensure the integrity of the investigation, this complaint and investigation are confidential. You are hereby directed to refrain from speaking of or disseminating relevant facts or information concerning this matter to others. You are also directed to refrain from retaliation against the person who made the complaint. Disciplinary action may be imposed for violation of this directive.

BULLYING, DISCRIMINATION, AND HARASSMENT RESPONSE FORM

EMPLOYEE VICTIM INVESTIGATION FORMS Form #4, Witness Statement page 1 of 1 Version 7/2015


Witness: Home Address: Home/Cell Phone: Work Phone: Email: Date(s) / Time(s) of incident(s): Name(s) of persons involved in incident(s): Location of incident(s): Name(s) of other witness(es):


Describe any signs you have witnessed of a hostile work environment or other adverse effects on the employment of others (attach additional pages if necessary):

I hereby represent that the information provided herein is true, correct, and complete to the best of my knowledge.

Signature: Date: Confidentiality In order to protect the privacy interests of individuals and to ensure the integrity of the investigation, this complaint and investigation are confidential. You are hereby directed to refrain from speaking of or disseminating relevant facts or information concerning this matter to others. Disciplinary action may be imposed for violation of this directive.

BULLYING, DISCRIMINATION, AND HARASSMENT WITNESS STATEMENT FORM

EMPLOYEE VICTIM INVESTIGATION FORMS Form #5, Investigation Report page 1 of 2 Version 7/2015

Victim:

Home Address:

Home/Cell Phone: Work Phone: Email: Perpetrator:

Home Address:

Home/Cell Phone: Work Phone: Email: Check the box(es) of the conduct investigated:

Bullying/Cyber-Bullying Discrimination Harassment Hazing Retaliation Check the box(es) to indicate the basis of the conduct investigated:


Sex/Gender Sexual Orientation Gender Identity Religion

Pregnancy Disability Age Status as a Veteran N/A or None

Description of the complaint:

Description of the response:

List of specific sections in Nebo School District policies that are alleged to have been violated (see NSD Policies #GBEB, JDD/GBEA, and/or GCPD):

Detailed description of the investigation (interviews and written statements of the victim, perpetrator, and witnesses; video and audio recordings, correspondence, documentation, and other physical evidence; etc.):

BULLYING, DISCRIMINATION, AND HARASSMENT INVESTIGATION REPORT FORM

EMPLOYEE VICTIM INVESTIGATION FORMS Form #5, Investigation Report page 2 of 2 Version 7/2015

Findings of fact:

Conclusions as to whether Nebo School District policies were violated (application of facts to policy provisions): Recommendations (to address effects on victim and school/workplace, for the imposition of appropriate disciplinary action on the perpetrator, to deter future violations, etc.):

ATTACHMENTS – Please attach written statements and other critical documents to this Investigation Report I hereby represent that I conducted the above-referenced investigation in a timely matter, with impartiality, and have made the above determinations to the best of my ability. I further represent that the information provided herein is true, correct, and complete to the best of my knowledge. Dated this ____ day of _____________, 20___. [SCHOOL / DEPARTMENT] ______________________________________ [Name] [Title]

Version 2/2016

INVESTIGATIVE INTERVIEW QUESTIONS FINDING THE WHO, WHAT, WHEN, WHERE, AND HOW

The following are some recommended questions to ask during an investigative interview. This is not an exhaustive list. There may be other or rephrased questions that are necessary or more appropriate depending on the age and ability of the person being interviewed. These questions are provided to assist the investigator in eliciting sufficient information to determine whether bullying, discrimination, or harassment occurred and to take action according to District policy. Investigators should consult the applicable District policy before proceeding with investigative interviews.

VICTIM/COMPLAINANT • Who committed the misconduct under investigation? • What exactly occurred or was said? • What did the perpetrator say to you about the incident(s) in question? • When did he/she tell you this? • What exactly did you personally see or hear? • When did it occur and is it still ongoing? • Where did it occur? • How often did it occur? • How did it affect you? • How did you react? • How did it make you feel? • Has your education/job been affected in any way? • Are there any other persons who have relevant information? • Was anyone present when the incident(s) occurred? • Did you tell anyone about it? If so, who and when? • Did anyone see you immediately after the incident(s)? • Did the perpetrator do the same thing to anyone else that you know about? • Do you know whether anyone else has complained about the perpetrator? • Are there any notes, physical evidence, or other documentation regarding the incident(s)? • How would you like to see the situation resolved? • Do you know of any other relevant information? PERPETRATOR Inform the alleged perpetrator that a complaint has been brought against him/her. Nebo School District is required by law to investigate all complaints whether or not they are valid. Review the complaint with the perpetrator. • What is your response to these allegations? • Why might the victim/complainant lie? [if the perpetrator denies the allegations] • Have any other complaints been made against you? • Have you ever been disciplined before for this type of misconduct? • Are there any persons who have relevant information? • Are there any notes, physical evidence, or other documentation regarding the incident(s)? • Do you know of any other relevant information? WITNESS(ES) • Who committed the misconduct under investigation? • What exactly did you personally see or hear? • When and where did the incident(s) occur? • Describe the perpetrator’s behavior toward the victim/complainant and toward others at school/workplace. • Has the misconduct occurred in the past? • What did the victim/complainant say to you about the incident(s) in question? • When did he/she tell this to you? • What did the perpetrator say to you about the incident(s) in question? • When did he/she tell this to you? • Do you know of any other relevant information? • Are there any other persons who have relevant information?

INTERVIEWING THE VICTIM/COMPLAINANT

INTERVIEWING THE VICTIM CONSIDERATIONS Should anyone else be present when the victim/complainant is interviewed?

• Allow the victim/complainant to bring a support person to the interview if he/she wishes

• If the victim/complainant is a student, he or she should not be allowed to bring another student to the interview

• If the victim/complainant is a student, consider contacting the parents and inviting them to be present

Begin with an explanation • The School District is committed to creating a fair, nondiscriminatory, harassment-free environment in which to learn and work

• Describe the step-by-step procedures that the investigation will follow • The role of the investigator is neutral, rather than an advocate for either

side • Indicate that the alleged perpetrator/respondent will be asked for a

written response and that to prepare that, the perpetrator/respondent will have the right to see the complaint

• The investigation will end with a written Investigation Report that will be forwarded to the administrator(s) responsible for making any decisions

• The final decision will be communicated to the victim/complainant and perpetrator/respondent

• Take care to avoid making any promises about confidentiality Respond in a fair, nonbiased, and objective manner

• Try to build rapport with the victim/complainant • Avoid interruptions and allow pauses that encourage communication • Avoid conclusive questions and editorial comments that convey

judgment and disapproval • Avoid inflammatory words and phrases such as “victim,” “perpetrator,”

“dirtbag,” etc. • Demonstrate concern for the victim/complainant without committing to

her/his version of the story • Let the lid off of emotions. Victims/Complainants may need to express

feelings that include fear, anger, humiliation, apprehension, mistrust, etc. Don’t assume that expressing these feelings is negative or to be avoided

What should the complaint include

• Who, what, when, where, and how • Gather enough information to thoroughly complete the Complaint Form • Consider using the interview questions suggested with this training

What is the harm • Emotionally upset • Prompted to talk to a counselor • Physical illness • Medical care received • Missed school or work • Effects on studies or job performance • Effects on other aspects of victim’s/complainant’s life

What remedy is sought • Cease and desist • Special assistance • Credit or grade change • Temporary or permanent transfer • Reinstatement • Compensation • [Note that seeking a particular remedy does not confer authority on the

victim/complainant to determine the discipline imposed on the alleged perpetrator/respondent. All remedies, including any disciplinary action, are within the exclusive authority and sole discretion of the School District]

What discipline is sought • Reprimand • Transfer • Suspension or expulsion • Mandatory training • Mandatory counseling • [Note that seeking a particular remedy does not confer authority on the


Discuss interim measures • The goal of interim measures is to stabilize the situation • Separating victim/complainant and perpetrator/respondent

Assess the victim’s/complainant’s credibility

• Answered all questions • Motive to lie • Believability • Note non-verbal signals such as body language and demeanor, but

recognize cultural differences Discuss retaliation • Define and give examples

• Have the victim/complainant promise to immediately report • Caution the victim/complainant not to attempt to influence potential

witnesses • Explain that retaliation protections prohibit negative treatment but

should not result in undeserved benefits

INTERVIEWING THE ALLEGED PERPETRATOR/RESPONDENT

INTERVIEWING THE RESPONDENT CONSIDERATIONS Should anyone else be present when the response is taken?

• Allow the alleged perpetrator/respondent to bring a support person to the interview

• If the alleged perpetrator/respondent is a student, he/she should not be allowed to bring another student to the interview

• If the perpetrator/respondent is a student, consider contacting the parents and inviting them to be present



side • The investigation will end with a written Investigation Report that will be

forwarded to the administrator(s) responsible for making any decisions • The final decision will be communicated to the victim/complainant and

perpetrator/respondent • Take care to avoid making any promises about confidentiality

Be prepared for negative emotions

• It is virtually universal for alleged perpetrators/respondents to feel anger and anxiety when they are informed someone has filed a complaint against them

• Acknowledge that such feelings are normal and allow the alleged perpetrator/respondent to express them

Inform the alleged perpetrator/respondent of the specifics of the complaint

• Let the alleged perpetrator/respondent know who filed the complaint • Inform the alleged perpetrator/respondent of the specifics of the

complaint • Consider whether to give the alleged perpetrator/respondent a copy of

the complaint at the beginning of the interview or the end Allow the alleged perpetrator/respondent the opportunity to reply to each element of the complaint

• Does the alleged perpetrator/respondent identify him/herself? • Is there a detailed response to the factual allegations complained of? • Does the alleged perpetrator/respondent offer any other explanation for

the allegations? • Does the alleged perpetrator/respondent know of a reason the

victim/complainant would distort of falsify? • Does the alleged perpetrator/respondent list the witnesses she/he feels

would corroborate his/her version of the relevant events? Assess the alleged perpetrator’s/respondent’s credibility


recognize cultural differences Handling an uncooperative respondent

• Acknowledge and respond to alleged perpetrator’s/respondent’s concerns

• Failure to provide alleged perpetrator’s/respondent’s side of the story will result in the investigator missing that perspective

• Remind alleged perpetrator/respondent that NSD policy requires cooperation with civil rights investigations

• Refusal to cooperate may be independent grounds for discipline

What should the response include • Who, what, when, where, and how • Gather enough information to ensure a thorough response • Consider using the interview questions suggested with this training

Discuss retaliation • Define and give examples • Have the alleged perpetrator/respondent promise to immediately report • Caution the alleged perpetrator/respondent not to attempt to influence

potential witnesses • Explain that retaliation protections prohibit negative treatment but


INTERVIEWING WITNESSES

INTERVIEWING WITNESSES CONSIDERATIONS Preparation • Determine where the areas of factual dispute exist between the

complaint and response • Based on conflicts identified, list questions to be answered by this

witness • Make sure witnesses have the opportunity to address these issues • Interviews should be individual rather than in groups

Begin with an explanation • Begin by building a rapport • Indicate that the School District is committed to creating a fair, non-

discriminatory, harassment-free environment in which to learn and work • Explain that the role of the investigator is neutral, rather than an

advocate for either side Find out what the witness knows about the investigation

• Some witnesses will have no idea why they are being interviewed, while others will have detailed information about the issue and the investigation

• If witnesses come into the interview with knowledge about it, find out who spoke to them and what they were told

How much to tell the witness • Consider informing the witness that the School District is engaging in a review of the learning or working environment to assure that students/employees can study/work comfortably

• Sometimes it will be necessary to share the specifics of the complaint in order to allow the witness to evaluate them

Complications when illegal or policy prohibited conduct is involved by the witness

• Witnesses may be concerned about criminal and/or disciplinary actions being taken against them for violations of criminal laws and School District policies

• More difficult to accurately determine what occurred Note biased attitudes • It is always the victim's fault

• It is always the aggressor's fault Move from the general to the specific

• Allow the witness to offer more general perceptions before being probed for specifics

Ask open-ended questions that do not call for simple “yes” or “no” answers

• “What kind of language did you hear John use?” is better than “Did you hear John use vulgar language?”

• Allow uninterrupted time for thoughtful responses Avoid asking questions in a way that suggests a particular answer (leading the witness)

• "How would you describe the relationship between Kerry and Sandy?” is better than “You saw Kerry pressuring Sandy to date him, didn’t you?”

• Avoid questions with inherent judgments Distinguish firsthand from secondhand knowledge

• What did the witness directly observe through seeing, hearing, and any other direct sensory perception?

Ask only one question at a time • “Is that when Jake kissed Sally?” [Pause for answer] “And is that also when you saw Jake put his arm around Sally?” is better than “Is that when Jake kissed and put his arm around Sally?”

Avoid accusatory or “no-win” questions

• “Do you micro-manage your employees or do you let them do whatever they want?”

Use probing techniques • Follow up with additional questions to clarify witnesses recollection • Repeat questions that are important if there is doubt about the witness's

recollection • Consider asking the witness to help explain motivation with questions

like, "Why do you think Ned filed a complaint against Carol?" • Allow pauses and silences • Reflect and summarize to verify understanding and reassure the witness

they are being heard • Ask the witness if there is anything that they were not asked about that

might be relevant • Ask if there are any documents, notes, or other physical evidence that

they can identify • Ask if there are there other witnesses who should be interviewed • If terms such as "harassment," "retaliation," or "assault" are used, ask

for definitions and examples • If slang or other unfamiliar jargon is used, ask for clarification

Distinguish fact from opinion • Clarify what witnesses directly observed and what they have come to believe based on their interpretation of those observations

• Establish a chronology of the relevant events to which the interviewee is willing to commit

Handling reluctant witnesses • Acknowledge and respond to witnesses’ concerns • Discuss protections against retaliation • Remind witnesses that School District policy requires cooperation with

civil rights investigations • Never detain a witness against their will • Consider whether to accept and document a witness's refusal to

cooperate or to indicate that such conduct may be independent grounds for discipline

Credibility • Answered all questions • Motive to lie • Believability • Note non-verbal signals such as body language and demeanor, but

recognize cultural differences Retaliation • Define and give examples

• Have witnesses promise to immediately report Privacy and confidentiality • Promise to handle the investigation as privately and discreetly as

possible • Secure a promise from the witness not to discuss the subject with others • Do not promise confidentiality

STUDENT VICTIMS

NEBO SCHOOL DISTRICT

BULLYING, DISCRIMINATION, AND HARASSMENT COMPLAINT PROCEDURES STUDENT VICTIMS

Receipt of Bullying, Discrimination, and Harassment

Complaint Form

Send Copy to Coordinator of Student Services

Send Copy to Director of Human Resources (If involves an adult)

Send Copy to Section 504 Coordinator

(If involves disability)

Notify Law Enforcement / DCFS

(If required by law) Investigate

District (if repeated, severe, or shocking) School

Investigator Determination

Discipline the Perpetrator

Address Effects on Victim

Address Effects on School Environment

ON As you investigate –

Any documentation can and will be used in litigation. Document! Document! Document! 1. Take notes during or soon after each interview. 2. Review notes for accuracy and inconsistencies. 3. Clearly identify when notes were drafted, who drafted them, and

who was present. 4. If notes are handwritten, make sure they are legible. 5. Do not destroy any notes for at least two (2) years.

Any party to a conversation may record the conversation without

your knowledge. Communicate within legal parameters. DO NOT make any promises. You may or may not be able to keep it

confidential. Tell them you expect confidentiality. Let the employee know that he/she will not be retaliated against by

NSD for providing truthful information. Further instances of alleged bullying, discrimination, or harassment

should be immediately reported. CAREFULLY follow all procedures outlined in NSD Policies #JDC,

JDD/GBEA, and JD.

CAUTION

STUDENT VICTIM INVESTIGATION FORMS Form #1, Investigation Checklist page 1 of 1 Version 7/2015

This checklist is to be used by school administrators and department supervisors any time they are involved with conducting an investigation concerning bullying, hazing, retaliation, discrimination, harassment, or sexual harassment against a student as described in Nebo School District Policies #JDC, JDD/GBEA, and/or JD. Investigators must carefully follow the investigation procedures outlined in Section 10 of Nebo School District Policy #JDC. The investigation file should be kept separate from personnel or student education files.

Victim(s):

Perpetrator(s):

Check the box(es) to indicate the type of alleged conduct being investigated: Bullying/Cyber-Bullying

Discrimination Harassment Hazing Retaliation

Check the box(es) to indicate the basis of possible discrimination or harassment: Race/Color/National Origin

Sex/Gender Religion Disability N/A or None

Briefly describe the evidence giving rise to this investigation:

Indicate the date on which each step of the investigation is completed:

___________ Investigation File Created (electronic and hard copy)

___________ Coordinator of Student Services Notified (copy of Complaint Form to Coordinator)

___________ Video, Documents, and Other Physical Evidence Identified and Preserved

___________ Student Victim Interviewed / Complaint Form Received

___________ Perpetrator Interviewed / Written Response Received

___________ Witnesses Interviewed / Witness Statement Forms Received

___________ Investigation Report Completed (findings of fact, conclusions, determination of policy

violations - NSD Policies #JDC, JDD/GBEA, and/or JD, and recommendations)

___________ Copies of Investigation Report Provided to Coordinator of Student Services, Victim, and

Perpetrator (revised and redacted as legally appropriate and necessary)

___________ Complaint and Student Discipline Documented on SIS (consistent with CRDC)

___________ Effects on Victim Remedied (if applicable)

___________ Effects on School Environment Remedied (if applicable)

___________ Disciplinary Action Imposed on Perpetrator (if applicable)

___________ Other Recommendations Completed (if applicable)

___________ Investigation Closed

BULLYING, DISCRIMINATION, AND HARASSMENT INVESTIGATION CHECKLIST

STUDENT VICTIM INVESTIGATION FORMS Form #2, Complaint Form page 1 of 2 Version 7/2015


Complainant/Victim: Home Address: Home/Cell Phone: Work Phone: Email:

Check the box(es) to indicate the type of conduct you are complaining of:

Bullying/Cyber-Bullying Discrimination Harassment Hazing Retaliation Check the box(es) to indicate the basis of the conduct:



Date(s) / Time(s) of incident(s): Name(s) alleged perpetrator(s): Location of incident(s): Name(s) of witness(es):


Describe the harm caused by the incident(s) described above, including any hostile school environment, or other adverse effects on your education (attach additional pages if necessary):

BULLYING, DISCRIMINATION, AND HARASSMENT COMPLAINT FORM

STUDENT VICTIM INVESTIGATION FORMS Form #2, Complaint Form page 2 of 2 Version 7/2015

Describe the remedy you seek, including any assistance you may need to address the harm described above (attach additional pages if necessary). [Please note that seeking a particular remedy does not confer authority on the victim to determine the discipline imposed on the alleged perpetrator. All remedies, including any disciplinary action, are within the exclusive authority and sole discretion of the School District]: This complaint is based on my honest belief that I have been bullied, discriminated against, or harassed as described above. I hereby represent that the information provided herein is true, correct, and complete to the best of my knowledge.

Signature: Date:

Information for Persons Filing a Complaint Overview of Investigative Process The Coordinator of Student Services will be promptly notified of this complaint. The Building Administrator will determine whether to conduct a site-level or District-level investigation. If additional information from you is needed, you will be contacted for a follow-up interview. The investigation will also include interviews with, and written statements from, the victim, the person against whom the complaint is made, witnesses, and others identified as having pertinent information. The investigator will consider all the evidence and will make findings of fact and conclusions as to whether any District policies have been violated. If appropriate, disciplinary action may be taken against the perpetrator, and other actions may be taken to address the effects on the victim and the school environment. To the extent legally permissible, the victim and the perpetrator will be notified of these decisions. Confidentiality The investigation will be conducted in a reasonably confidential manner. However, witnesses and others with pertinent information may need to be made aware of the investigation and sufficient facts to elicit their verbal/written statements. The investigator will take measures to protect confidentiality of the victim and the accused, including directing all witnesses to refrain from disseminating information related to the complaint and investigation. You should also keep the complaint and investigation confidential. Do not attempt to conduct your own parallel investigation or discuss the facts of your complaint with other employees. No Contact You should avoid contact with the accused. This includes written, electronic, verbal, and in-person contact. If contact with the accused is unavoidable in the school, please notify the investigator.

STUDENT VICTIM INVESTIGATION FORMS Form #3, Response Form page 1 of 1 Version 1/2016


Respondent: Home Address:

Home/Cell Phone: Work Phone: Email:

Date(s) / Time(s) of alleged incident(s): Name(s) of persons involved in incident(s): Location of incident(s): Name(s) of other witness(es):

Provide a detailed response to the complaint against you. This includes admitting or denying each allegation made and telling your version of the facts (attach additional pages if necessary):


Signature: Date: Confidentiality & Retaliation In order to protect the privacy interests of individuals and to ensure the integrity of the investigation, this complaint and investigation are confidential. You are hereby directed to refrain from speaking of or disseminating relevant facts or information concerning this matter to others. You are also directed to refrain from refrain from retaliation against the person who made the complaint. Disciplinary action may be imposed for violation of this directive.

BULLYING, DISCRIMINATION, AND HARASSMENT RESPONSE FORM

STUDENT VICTIM INVESTIGATION FORMS Form #4, Witness Statement page 1 of 1 Version 7/2015


Witness: Home Address: Home/Cell Phone: Work Phone: Email: Date(s) / Time(s) of incident(s): Name(s) of persons involved in incident(s): Location of incident(s): Name(s) of other witness(es):


Describe any signs you have witnessed of a hostile school environment or other adverse effects on the education of students (attach additional pages if necessary):


Signature: Date: Confidentiality In order to protect the privacy interests of individuals and to ensure the integrity of the investigation, this complaint and investigation are confidential. You are hereby directed to refrain from speaking of or disseminating relevant facts or information concerning this matter to others. Disciplinary action may be imposed for violation of this directive.

BULLYING, DISCRIMINATION, AND HARASSMENT WITNESS STATEMENT FORM

STUDENT VICTIM INVESTIGATION FORMS Form #5, Investigation Report page 1 of 2 Version 7/2015

Victim:

Home Address:

Home/Cell Phone: Work Phone: Email: Perpetrator:

Home Address:

Home/Cell Phone: Work Phone: Email: Check the box(es) of the conduct investigated:

Bullying/Cyber-Bullying Discrimination Harassment Hazing Retaliation Check the box(es) to indicate the basis of the conduct investigated:



Description of the complaint:

Description of the response:

List of specific sections in Nebo School District policies that are alleged to have been violated (see NSD Policies #JDC, JDD/GBEA, and/or JD):

Detailed description of the investigation (interviews and written statements of the victim, perpetrator, and witnesses; video and audio recordings, correspondence, documentation, and other physical evidence; etc.):

BULLYING, DISCRIMINATION, AND HARASSMENT INVESTIGATION REPORT FORM

STUDENT VICTIM INVESTIGATION FORMS Form #5, Investigation Report page 2 of 2 Version 7/2015

Findings of fact:

Conclusions as to whether Nebo School District policies were violated (application of facts to policy provisions):

Recommendations (to address effects on victim and school/workplace, for the imposition of appropriate disciplinary action on the perpetrator, to deter future violations, etc.):

ATTACHMENTS – Please attach written statements and other critical documents to this Investigation Report

I hereby represent that I conducted the above-referenced investigation in a timely manner, with impartiality, and have made the above determinations to the best of my ability. I further represent that the information provided herein is true, correct, and complete to the best of my knowledge.

Dated this ____ day of _____________, 20___.

[SCHOOL / DEPARTMENT]

______________________________________ [Name] [Title]

Version 2/2016

INVESTIGATIVE INTERVIEW QUESTIONS FINDING THE WHO, WHAT, WHEN, WHERE, AND HOW

The following are some recommended questions to ask during an investigative interview. This is not an exhaustive list. There may be other or rephrased questions that are necessary or more appropriate depending on the age and ability of the person being interviewed. These questions are provided to assist the investigator in eliciting sufficient information to determine whether bullying, discrimination, or harassment occurred and to take action according to District policy. Investigators should consult the applicable District policy before proceeding with investigative interviews.

VICTIM/COMPLAINANT • Who committed the misconduct under investigation? • What exactly occurred or was said? • What did the perpetrator say to you about the incident(s) in question? • When did he/she tell you this? • What exactly did you personally see or hear? • When did it occur and is it still ongoing? • Where did it occur? • How often did it occur? • How did it affect you? • How did you react? • How did it make you feel? • Has your education/job been affected in any way? • Are there any other persons who have relevant information? • Was anyone present when the incident(s) occurred? • Did you tell anyone about it? If so, who and when? • Did anyone see you immediately after the incident(s)? • Did the perpetrator do the same thing to anyone else that you know about? • Do you know whether anyone else has complained about the perpetrator? • Are there any notes, physical evidence, or other documentation regarding the incident(s)? • How would you like to see the situation resolved? • Do you know of any other relevant information? PERPETRATOR Inform the alleged perpetrator that a complaint has been brought against him/her. Nebo School District is required by law to investigate all complaints whether or not they are valid. Review the complaint with the perpetrator. • What is your response to these allegations? • Why might the victim/complainant lie? [if the perpetrator denies the allegations] • Have any other complaints been made against you? • Have you ever been disciplined before for this type of misconduct? • Are there any persons who have relevant information? • Are there any notes, physical evidence, or other documentation regarding the incident(s)? • Do you know of any other relevant information? WITNESS(ES) • Who committed the misconduct under investigation? • What exactly did you personally see or hear? • When and where did the incident(s) occur? • Describe the perpetrator’s behavior toward the victim/complainant and toward others at school/workplace. • Has the misconduct occurred in the past? • What did the victim/complainant say to you about the incident(s) in question? • When did he/she tell this to you? • What did the perpetrator say to you about the incident(s) in question? • When did he/she tell this to you? • Do you know of any other relevant information? • Are there any other persons who have relevant information?

INTERVIEWING THE VICTIM/COMPLAINANT

INTERVIEWING THE VICTIM CONSIDERATIONS Should anyone else be present when the victim/complainant is interviewed?

• Allow the victim/complainant to bring a support person to the interview if he/she wishes

• If the victim/complainant is a student, he or she should not be allowed to bring another student to the interview

• If the victim/complainant is a student, consider contacting the parents and inviting them to be present



side • Indicate that the alleged perpetrator/respondent will be asked for a

written response and that to prepare that, the perpetrator/respondent will have the right to see the complaint

• The investigation will end with a written Investigation Report that will be forwarded to the administrator(s) responsible for making any decisions

• The final decision will be communicated to the victim/complainant and perpetrator/respondent

• Take care to avoid making any promises about confidentiality Respond in a fair, nonbiased, and objective manner

• Try to build rapport with the victim/complainant • Avoid interruptions and allow pauses that encourage communication • Avoid conclusive questions and editorial comments that convey

judgment and disapproval • Avoid inflammatory words and phrases such as “victim,” “perpetrator,”

“dirtbag,” etc. • Demonstrate concern for the victim/complainant without committing to

her/his version of the story • Let the lid off of emotions. Victims/Complainants may need to express

feelings that include fear, anger, humiliation, apprehension, mistrust, etc. Don’t assume that expressing these feelings is negative or to be avoided

What should the complaint include

• Who, what, when, where, and how • Gather enough information to thoroughly complete the Complaint Form • Consider using the interview questions suggested with this training

What is the harm • Emotionally upset • Prompted to talk to a counselor • Physical illness • Medical care received • Missed school or work • Effects on studies or job performance • Effects on other aspects of victim’s/complainant’s life

What remedy is sought • Cease and desist • Special assistance • Credit or grade change • Temporary or permanent transfer • Reinstatement • Compensation • [Note that seeking a particular remedy does not confer authority on the


What discipline is sought • Reprimand • Transfer • Suspension or expulsion • Mandatory training • Mandatory counseling • [Note that seeking a particular remedy does not confer authority on the


Discuss interim measures • The goal of interim measures is to stabilize the situation • Separating victim/complainant and perpetrator/respondent

Assess the victim’s/complainant’s credibility


recognize cultural differences Discuss retaliation • Define and give examples

• Have the victim/complainant promise to immediately report • Caution the victim/complainant not to attempt to influence potential

witnesses • Explain that retaliation protections prohibit negative treatment but


INTERVIEWING THE ALLEGED PERPETRATOR/RESPONDENT

INTERVIEWING THE RESPONDENT CONSIDERATIONS Should anyone else be present when the response is taken?

• Allow the alleged perpetrator/respondent to bring a support person to the interview

• If the alleged perpetrator/respondent is a student, he/she should not be allowed to bring another student to the interview

• If the perpetrator/respondent is a student, consider contacting the parents and inviting them to be present



side • The investigation will end with a written Investigation Report that will be

forwarded to the administrator(s) responsible for making any decisions • The final decision will be communicated to the victim/complainant and

perpetrator/respondent • Take care to avoid making any promises about confidentiality

Be prepared for negative emotions

• It is virtually universal for alleged perpetrators/respondents to feel anger and anxiety when they are informed someone has filed a complaint against them

• Acknowledge that such feelings are normal and allow the alleged perpetrator/respondent to express them

Inform the alleged perpetrator/respondent of the specifics of the complaint

• Let the alleged perpetrator/respondent know who filed the complaint • Inform the alleged perpetrator/respondent of the specifics of the

complaint • Consider whether to give the alleged perpetrator/respondent a copy of

the complaint at the beginning of the interview or the end Allow the alleged perpetrator/respondent the opportunity to reply to each element of the complaint

• Does the alleged perpetrator/respondent identify him/herself? • Is there a detailed response to the factual allegations complained of? • Does the alleged perpetrator/respondent offer any other explanation for

the allegations? • Does the alleged perpetrator/respondent know of a reason the

victim/complainant would distort of falsify? • Does the alleged perpetrator/respondent list the witnesses she/he feels

would corroborate his/her version of the relevant events? Assess the alleged perpetrator’s/respondent’s credibility


recognize cultural differences Handling an uncooperative respondent

• Acknowledge and respond to alleged perpetrator’s/respondent’s concerns

• Failure to provide alleged perpetrator’s/respondent’s side of the story will result in the investigator missing that perspective

• Remind alleged perpetrator/respondent that NSD policy requires cooperation with civil rights investigations

• Refusal to cooperate may be independent grounds for discipline

What should the response include • Who, what, when, where, and how • Gather enough information to ensure a thorough response • Consider using the interview questions suggested with this training

Discuss retaliation • Define and give examples • Have the alleged perpetrator/respondent promise to immediately report • Caution the alleged perpetrator/respondent not to attempt to influence

potential witnesses • Explain that retaliation protections prohibit negative treatment but


INTERVIEWING WITNESSES

INTERVIEWING WITNESSES CONSIDERATIONS Preparation • Determine where the areas of factual dispute exist between the

complaint and response • Based on conflicts identified, list questions to be answered by this

witness • Make sure witnesses have the opportunity to address these issues • Interviews should be individual rather than in groups

Begin with an explanation • Begin by building a rapport • Indicate that the School District is committed to creating a fair, non-

discriminatory, harassment-free environment in which to learn and work • Explain that the role of the investigator is neutral, rather than an

advocate for either side Find out what the witness knows about the investigation

• Some witnesses will have no idea why they are being interviewed, while others will have detailed information about the issue and the investigation

• If witnesses come into the interview with knowledge about it, find out who spoke to them and what they were told

How much to tell the witness • Consider informing the witness that the School District is engaging in a review of the learning or working environment to assure that students/employees can study/work comfortably

• Sometimes it will be necessary to share the specifics of the complaint in order to allow the witness to evaluate them

Complications when illegal or policy prohibited conduct is involved by the witness

• Witnesses may be concerned about criminal and/or disciplinary actions being taken against them for violations of criminal laws and School District policies

• More difficult to accurately determine what occurred Note biased attitudes • It is always the victim's fault

• It is always the aggressor's fault Move from the general to the specific

• Allow the witness to offer more general perceptions before being probed for specifics

Ask open-ended questions that do not call for simple “yes” or “no” answers

• “What kind of language did you hear John use?” is better than “Did you hear John use vulgar language?”

• Allow uninterrupted time for thoughtful responses Avoid asking questions in a way that suggests a particular answer (leading the witness)

• "How would you describe the relationship between Kerry and Sandy?” is better than “You saw Kerry pressuring Sandy to date him, didn’t you?”

• Avoid questions with inherent judgments Distinguish firsthand from secondhand knowledge

• What did the witness directly observe through seeing, hearing, and any other direct sensory perception?

Ask only one question at a time • “Is that when Jake kissed Sally?” [Pause for answer] “And is that also when you saw Jake put his arm around Sally?” is better than “Is that when Jake kissed and put his arm around Sally?”

Avoid accusatory or “no-win” questions

• “Do you micro-manage your employees or do you let them do whatever they want?”

Use probing techniques • Follow up with additional questions to clarify witnesses recollection • Repeat questions that are important if there is doubt about the witness's

recollection • Consider asking the witness to help explain motivation with questions

like, "Why do you think Ned filed a complaint against Carol?" • Allow pauses and silences • Reflect and summarize to verify understanding and reassure the witness

they are being heard • Ask the witness if there is anything that they were not asked about that

might be relevant • Ask if there are any documents, notes, or other physical evidence that

they can identify • Ask if there are there other witnesses who should be interviewed • If terms such as "harassment," "retaliation," or "assault" are used, ask

for definitions and examples • If slang or other unfamiliar jargon is used, ask for clarification

Distinguish fact from opinion • Clarify what witnesses directly observed and what they have come to believe based on their interpretation of those observations

• Establish a chronology of the relevant events to which the interviewee is willing to commit

Handling reluctant witnesses • Acknowledge and respond to witnesses’ concerns • Discuss protections against retaliation • Remind witnesses that School District policy requires cooperation with

civil rights investigations • Never detain a witness against their will • Consider whether to accept and document a witness's refusal to

cooperate or to indicate that such conduct may be independent grounds for discipline

Credibility • Answered all questions • Motive to lie • Believability • Note non-verbal signals such as body language and demeanor, but

recognize cultural differences Retaliation • Define and give examples

• Have witnesses promise to immediately report Privacy and confidentiality • Promise to handle the investigation as privately and discreetly as

possible • Secure a promise from the witness not to discuss the subject with others • Do not promise confidentiality