1. Katy Independent School District July 27, 2016
Tools to Guide You When Investigating Student Bullying and Discrimination Complaints
Katy Independent School District
July 27, 2016
[Visual Version]

2. Investigation Steps Receive the Complaint
Determine Which Policy to Use – FFI or FFH
Develop an Investigation Plan
Interviewing the Complainant and Witnesses
Interview the Accused
Interview the Accused’s Witnesses
Follow-Up
Make a Determination
Prepare the Investigation Report
Make Required Reports

3. Receive the Complaint
Obtain all information/facts (name, dates, times, locations, etc.)
Ask specific questions
Identify other sources of information/evidence
Encourage written complaint – (use form)
Reduce to writing, preferably in the complainant’s own handwriting
Don’t put words in the complainants mouth
Maintain confidentiality

4. Decide Whether an Investigation is Warranted
All allegations of bullying must be investigated
Policy FFI (Local); FFI (Regulation)
All allegations of harassment, discrimination, and retaliation must be investigated
Policy FFH (Local); FFH (Regulation)

5. More on Policy FFI (Local) - Bullying
Definition
Bullying occurs when:
a student or group of students engages in
written or verbal expression, expression through electronic means, or physical conduct
on school property, at a school-sponsored or school-related activity, or in a vehicle operated by the District

6. The conduct must :
Have the effect or will have the effect of physically harming a student, damaging a student’s property, or placing a student in reasonable fear of harm to the student’s person or of damage to the student’s property OR
Be sufficiently severe, persistent, and pervasive enough that the action or threat creates an intimidating, threatening, or abusive educational environment for a student

7. For the conduct to be bullying it:
Exploits an imbalance of power between the student perpetrator and the student victim through written or verbal expression or physical conduct
AND
Interferes with a student’s education or substantially disrupts the operation of a school

8. Requirements of Policy FFI
Must notify principal
Complaint can be oral or in writing – use complaint form
Consider request by student to be accompanied by adult
Consider taking interim action to protect victim/complainant
Consider whether conduct is discrimination, harassment or retaliation under Policy FFH
Must conduct an investigation – must be completed within 10 business days, unless extenuating circumstances
Must prepare a report – send to Superintendent or designee
Must determine if bullying occurred and if victim used self-defense

9. If confirmed, promptly notify the parents of victim and “bully”
Take corrective action
If complainant is dissatisfied with outcome of investigation, can file complaint under FNG (Local)
Must notify the victim, bully, and any student witnesses of counseling options

10. More on Policy FFH – Discrimination, Harassment, Retaliation
Know what prohibited conduct is
Discrimination – conduct directed at a student on the basis of race, color, religion, sex, gender, national origin, disability, age or any other basis prohibited by law

11. Harassment –
physical, verbal, or nonverbal conduct based on race, color, religion, sex, gender, national origin, disability, age or any other basis prohibited by law

12. That is so severe, persistent, or pervasive that the conduct
Affects a student’s ability to participate in or benefit from an educational program or activity, or creates an intimidating, threatening, hostile, or offensive educational environment;
Has the purpose or effect of substantially or unreasonably interfering with the student’s academic performance; OR
Otherwise adversely affects the student’s educational opportunities
Includes dating violence

13. Retaliation – Policy FFH prohibits retaliation by a student or employee against a student who alleges discrimination or harassment, including dating violence. Protects a student who make a report, is a witness, or participates in an investigation

14. More on FFH
Must notify principal and Title IX Coordinator (sex discrimination)
Complaint may be oral or in writing – use complaint form
Determine if allegations constitute prohibited conduct
If yes, immediately investigate
If not, consider if the conduct is bullying
Investigation should be completed within 10 days
Ask for extension if extenuating circumstances
Written report must be prepared
Notify “both parties” of the outcome of the investigation
If confirmed, take appropriate action
If complainant is dissatisfied with outcome, can use FNG (Local)

15. Develop an Investigation Plan
Determine who will conduct the investigation
Identify witnesses to be interviewed
Identify documents to be reviewed
Identify places or items to be observed or analyzed
Set priorities; develop estimated timelines
Identify preservation of evidence issues (work station, classroom, computer, cell phone, s, text messages, social networking sites, desk, etc.)

16. Interviewing the Complainant & Witnesses
Explain purpose of the investigation to the degree possible
Inform witnesses that there will be no retaliation for bringing forward accusatory information, or for participating in the investigation
Consider listening to the entire story all the way through, and then go over relevant portions again to take notes
Get the “who,” “what,” “where,” “how,” “when,” and, if relevant, “why”

17. Interviewing the Complainant & Witnesses
Write out questions and/or subject outlines prior to the interview
Attempt to ask questions the same way of each witness
Do not neglect follow-up questions

18. Interviewing the Complainant & Witnesses
Avoid leading questions which might guide the witness to answers he or she otherwise might not give
Probe to get the witness’ whole story
Consider having a person of the same sex present in interviews involving sexually-related allegations
Avoid conclusions in the early stages of the investigation
Obtain written statements – use the Student Report of Alleged Bullying or Student Report of Alleged Discrimination or Harassment from the complainant
Obtain written statements from other witnesses

19. Interviewing the Complainant & Witnesses
Focus on the facts; avoid conclusory statements
Distinguish between information based on “personal knowledge” and other information
If information is not based on personal knowledge, clarify what it is based on
Before concluding the interview, ask the witness, “Is there anything else I need to know or which could have a bearing on my investigation?”

20. Interviewing Minors
Be sure person of same sex is present in cases of sexually-oriented misconduct
Refer to Allegations of Bullying – Investigation Checklist
Notify parents
of alleged perpetrator
of student witnesses if substantial questioning is involved
of victim/complainant

21. Interviewing Minors
Interview should take place in comfortable place at age-appropriate time of day
Determine if interview requires a report to CPS
Generally, do not disclose student statements without consent from parents

22. Interviewing Minors
Consider whether parents, school counselor or psychologist should be present and/or involved in the interview
Be especially careful not to put words in the child's mouth or to present a bias to them
Use age-appropriate vocabulary with children

23. Interview the Accused
Give accused an opportunity to fully tell his or her side of the story, and to identify all relevant witnesses and evidence
Plan interview in advance and develop checklist to assure all points are covered in one setting
Organize and review all evidence gathered to date in order to identify key facts or inconsistencies which require clarification
Tone of interview should be investigative and professional, not punitive or coercive

24. The Accused’s Witnesses
Interview Accused’s Witnesses
Get the “who,” “what,” “where,” “how,” “when” and if relevant, “why”
Ask open-ended, then specific questions
Protect confidentiality
Prepare summary

25. Follow-up
Re-interview any witnesses to ask follow-up questions

26. Make a Determination
A successful investigation begins with planning and ends with a result
Four basic factual determinations:
Allegation(s) are sustained
No convincing evidence of wrongdoing was found; the charges are groundless
No conclusion can be drawn from available evidence; lack of sufficient evidence
Allegations are not sustained; however, other misconduct or wrongdoing was proven during the investigation

27. Make a Determination
Remember to consider whether the conduct constitutes discrimination, harassment, or retaliation if you determine that it is not bullying
Remember to consider whether the conduct is bullying if you determine it is not discrimination, harassment, or retaliation
Consider if the investigation was as complete as possible
Consider if the investigation throughout has been performed in a reasonable, responsible manner
Consider the established, provable, material facts

28. The Investigation Report
Use Written Investigative Report of Alleged Bullying
Use Written Investigative Report of Discrimination or Harassment

29. Required Reporting Make reports, if required
Child Protective Services (CPS)
Make sure a timely report is made
Make sure that the person who has reason to believe there is abuse/neglect is the reporter
Law Enforcement

30. Reporting to SBEC/TEA SBEC/TEA
If the investigation results in a finding of misconduct of a certified employee, a report may have to be made to SBEC. Make sure you keep HR informed regarding investigations of serious misconduct of an employee.

31. Merri Schneider-Vogel