INVESTIGATIONS IN THE SCHOOL YARD A presentation on behalf of CANFIELD JERRY 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 – s, 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 (To CPS/Law Enforcement)  RCW 28A (To Principal)  RCW 28A (Report to Parent) Duty to Notify the Parent  WAC (To OSPI)  Board Policy (Best Practice)

OSPI Reportable Offenses  WAC Chapter 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 :  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 1 st 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