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

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

3. 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!

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

5. 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

6. 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

7. CentraL question becomes:
How Much Due Process is Enough?

8. 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

9. 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

10. 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

11. 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

12. 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

13. 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?

14. 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

15. 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.

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

17. 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)

18. Case Study – “The Perfect Student”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)

19. 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

20. 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

21. 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.

24. 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)

25. 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

26. Questions? Robert Schindler Lusk Albertson, PLC Detroit – grand Rapids
(248)