Investigations 101 ADMINISTRATOR PROFESSIONAL DEVELOPMENT ROMEO COMMUNITY SCHOOLS MAY 30, 2019 Robert SchindleR Lusk Albertson, PLC Detroit – Grand Rapids @LuskAlbertson Download presentation at: www.luskalbertson.com/romeo

When are Investigations Needed? Fights, Altercations Inappropriate Touching, Sexual Conduct Allegations of Behavior in Violation of Student Code of Conduct (broad)

Why Investigate? Informed decision-making Adhere to due process requirements for student/staff member Adhere to district policy Create a record of activity Occurrence Response Documentation for subsequent hearings Be your attorney’s best friend!

How to Conduct an Investigation “Just one more thing …”

Basic Rules of Investigation Act quickly, but not hastily Be comprehensive, but not crazy Ensure retention of evidence – documents, electronic records, physical evidence, video surveillance Obtain written statements Be guided by District policies, Student Code of Conduct Provide due process as required “Suspension pending results of investigation” is a good thing

Due Process Goss v Lopez, U.S. Supreme Court (1975) A student has a “property interest” in a public education. Due process is required before that right may be taken away. Basic Tenants of Due Process Notice of “charges” Opportunity to be heard

CentraL question becomes: How Much Due Process is Enough?

Due Process (cont.) Suspensions of 10 days or less REQUIRE: Oral or written notice of charges Explanation of evidence An opportunity to present student side of story

Due Process (cont.) Suspensions of 10 days or less DO NOT REQUIRE: A student to secure counsel Allowing the confrontation of witnesses Allowing the calling of witnesses on the student’s behalf

Due Process (cont.) Suspensions of more than 10 days and expulsions Require more formal procedures (Goss) Must be notified of charges in writing Generally understood to include right to secure counsel, confront witnesses/evidence and to call witnesses on the student’s behalf

Student Code of Conduct USE IT! Applying the levels and types of discipline stated in the Code of Conduct eliminates potential arguments of disparate treatment, favoritism, or arbitrary and capricious actions. Allows you to easily justify decision to parents, administrators or others. Warning: Prescriptive Penalties / 7 Factors

Interviewing Students/Obtaining Written Statements Obtain story; use caution in how Qs asked Have student write statement Make sure salient details are included in written narrative Make student amend as appropriate Don’t have to contact parents in advance of interviewing; call if discipline will be issued Don’t interview or “detain” the student too long Administrator summary at end

Search & Seizure Standard for Police Warrant on probable cause for search Standard for School Administrators Two-Step Inquiry [TLO v. New Jersey] Reason to suspect student violated SCC? Reason to suspect evidence of violation of SCC exists in the area you want to investigate/look?

Search & Seizure Practical Examples: Hot Topics Consent Issues Search for Stolen Computer Search for a Weapon Search for Drugs Hot Topics Drug Testing Cell Phones, PDAs Internet Privacy Protection Act Consent Issues Can be addressed via policy

Internet Privacy Protection Act Public Act 478 of 2012 Sec. 4. An educational institution shall not do any of the following: (a) Request a student or prospective student to grant access to, allow observation of, or disclose information that allows access to or observation of the student’s or prospective student’s personal internet account. (b) Expel, discipline, fail to admit, or otherwise penalize a student or prospective student for failure to grant access to, allow observation of, or disclose information that allows access to or observation of the student’s or prospective student’s personal internet account.

Search & Seizure Special Circumstances Police and School Searches Dog searches Strip Searches

Interactions with Police Agencies Police Interviews with Students Don’t become agent for the police Don’t have to call parents to advise of interactions with police (check District policy)

Case Study – “The Perfect Student” 2011-2012 SY 6th grade student, male All Star Student; All Star Kid Boys playing “Truth or Dare” One boy “dared” to touch female students on their “private parts” Reported by one student after lunch recess First year Principal Out of the building for the day (of course)

Responding to the Situation – Day 1 Develop a game plan Talk to other administrators; advise central office Bring students in individually Obtain stories Obtain written statements Contact parents of victims Inform, reassure Talk to perpetrator Contact parents of perpetrator Inform, detail seriousness, suspend pending outcome

Responding to the Situation – Day 2 Second complaint at end of Day 1 Additional interviews with students Obtain additional written statements Call back students, if necessary, to clarify details Consult with central office regarding appropriate discipline Keep notes of interviews, begin to formulate administrator report/summary

Responding to the Situation – Day 3 Second meeting with student Ask all clarifying questions Advise of continued suspension Provide access to school work Advise of intent to seek expulsion Prepare administrator summary Communicate recommendation to central office Maintain all files, materials, etc.

Why is the summary Important? Student recommended for expulsion Hearing before Superintendent No appeal to BOE here, but could be Formal complaint filed against Principal Investigation by legal counsel Charges of discrimination filed with Michigan Department of Civil Rights (MDCR)

Case Study Lessons Begin by interviewing complainant Notify them at the time that you may need to talk to them again May interview alleged perpetrator next, but not necessarily If you do, again notify that another interview may follow Contact with parents (especially of victims) is crucial – beat the bus home Act quickly but not hastily Don’t be afraid to ask for advice Don’t prejudge the situation Document, document, document

Questions? Robert Schindler Lusk Albertson, PLC Detroit – grand Rapids (248) 988-5696 rschindler@luskalbertson.com