INVESTIGATIONS IN THE SCHOOL YARD

A presentation on behalf of CANFIELDJERRY MOBERG & ASSOCIATES(The Thrilla in Manila)

WHO ARE YOU INVESTIGATING?

Teacher Coach Substitute Teacher Bus Driver Teacher’s Aide Non-School Employee Security Guard Principal Counselor Student

What are you looking for? Communication – E-mails, text messages,

phone calls, Internet social networks, personal cards and messages, notes

Video Eye Witnesses Information Carriers Non-School Witnesses

Parents, Patrons, Police

What is the nature of the complaint?

Formal complaints Informal complaints Observed invasions Observed suspicious behaviors Rumors and/or anonymous reports

Educator Misconduct Legal Reporting Duties

RCW 26.44.030 (To CPS/Law Enforcement)

RCW 28A.400.317 (To Principal) RCW 28A.320.160 (Report to Parent)

Duty to Notify the Parent WAC 181-87-110 (To OSPI) Board Policy (Best Practice)

OSPI Reportable Offenses

WAC Chapter 181-87 Alcohol/Drug Abuse Misrepresentation of qualifications Disregard of professional standards Abandonment of contract Furnishing alcohol or drugs to minors Sexual misconduct with students

Duty to Report to OSPI

WAC 181-86-110: Superintendent believes that s/he has sufficient reliable

information

that a certified employee within the District is not of good moral character,

or is not personally fit, or has committed an act of unprofessional conduct,

then the Superintendent must within a reasonable period of time

make a written complaint to OSPI

Investigation

Promptly investigate Thoroughly Investigate all allegations Take immediate and appropriate

corrective action

WHO SHOULD INVESTIGATE? Outside Investigator

Risk Pool Other Educational Professional Police/CPS

HR Principal Security Officer Other Staff Member

Privacy Concerns Federal Educational Rights & Privacy Act

You Must Protect Student Privacy Public Disclosure Requests Attorney/Client Privilege Employee Privacy Concerns

1st Amendment False Light Defamation

What should you do after the investigation? Determine if it is

Substantiated Unsubstantiated Undetermined

Take appropriate action Maintain appropriate files Disclosure to prospective employers Report back to Victim

QUESTIONS