Conducting Thorough Employee Investigations
Learn how to conduct thorough employee investigations, including identifying unbiased investigators, interim actions, prompt actions, taking allegations seriously, and organizing and planning investigations effectively.
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Presentation Transcript
Time Out with a Time Limit: Missouri s New Administrative Leave Law and Other Staff Discipline Issues Presented by: Tom Mickes & Conor Neusel
How To Conduct A Thorough Employee Investigation
Identify Who Should Conduct the Investigation Make sure the investigator is unbiased and will be viewed by others as such. Define the investigator s role: Collecting information Determining reliability Recommending discipline Establish the authority of the investigator.
Decide If Interim Action Is Necessary Is there a safety concern? Is there reason to believe that the inappropriate conduct will continue? Does the individual pose a potential harm to students or other staff members? Consider: Immediate paid or unpaid leave Increased observation
Act Promptly Never stall or postpone an investigation. Detracts from the importance of the issue. Could implicate apathy on behalf of the District. Never take too long to complete the investigation. However, do not move too speedily and neglect thoroughness in the investigation.
Always Take Allegations Seriously Always investigate every claim of discrimination or harassment: Even if the complainant does not want anything done after they ve complained. Even if you believe the parent or staff member complaining is unreliable.
Organize and Plan the Investigation Go over applicable Board policies and regulations. Pay attention and adhere to any timelines in relevant Board policies and regulations.
Organize and Plan the Investigation Be familiar with the specific allegations to be investigated. Figure out if there are any documents relevant to the investigation that would be helpful to review prior to interviewing witnesses.
Conduct a Thorough Investigation Decide who to interview: The person making the complaint The employee subject to the complaint Anyone the complainant or subject of the complaint asks you to interview Possible witnesses Anyone who may have relevant information
Confidentiality The interviewee should not be allowed to tape record the interview. Remind interviewees and anyone else involved in the interviews that everything said in the interview should be kept confidential. Do not promise complete confidentiality.
Create the Proper Atmosphere Be careful to show the accused that you intend to conduct the investigation fairly and that they are not presumed to be guilty. Never intimidate an interviewee.
Witness Interviews Interview complainant first, if possible. Interview subject of complaint next, then other witnesses. Face-to-face interviews are preferable.
Witness Interviews Brief introduction that includes why the witness is being interviewed. Take thorough notes during the witness interviews. Consider having another person present to take notes and assess credibility.
Witness Interviews When interviewing the Complainant: Learn all facts and circumstances relating to complaint Frequency of alleged discrimination or harassment Severity of conduct
Witness Interviews During all interviews: Start with open-ended questions that lead to narrative answers. Identify specific dates and locations of relevant events. Identify witnesses.
Witness Interviews Identify other possible victims of alleged discrimination or harassment. Never discuss opinions before the end of the investigation. Obtain a signed, dated statement from each person interviewed.
Witness Interviews Request copies of any documents or other evidence that may exist such as: Email Notes Calendar Appointments Texts Phone Messages
Handling Requests for Third Party Involvement Someone outside the school such as a friend or spouse? Another staff member? An attorney? MSTA/MNEA Representative?
Report Prepare a thorough report about the investigation. Include: Details of the investigation Results and conclusions Further action taken
Remember The report and any other written documentation could become part of the public record. Therefore, it s important to document that all of the applicable Board policies and regulations have been followed. Review final report for spelling or grammar mistakes.
Discipline Remember that the discipline issued should be proportionate to the misconduct. Consult any policies or guidelines already in place regarding discipline of employees. Treat similarly situated employees the same. Adhere to new requirements of HB 1432.
House Bill 1432: Missouri s New Administrative Leave Law
HB 1432 Administrative leave, means time off without charge to any annual or sick leave or loss of pay to misconduct or investigation of misconduct of an employee. Does not include employees that are placed on unpaid leave! Employee, is an individual who is employed by a department or division of the state, agency of the state, or school district, excluding probationary teachers. Employer, includes school districts.
HB 1432 If the district places an employee on administrative leave, a hearing must be held within 60 days from the date the employee was placed on such leave. The hearing and determination may be continued for good cause shown but cannot be continued past 180 days from the date the employee was placed on administrative leave.
HB 1432 60 and 180 day hearing requirements do not apply when: During an investigation into employee misconduct, the District refers such misconduct to a law enforcement agency or to another state or federal agency. A law enforcement agency or other state or federal agency has commenced its own investigation of the misconduct for which the employee was placed on administrative leave. The employee is removed from administrative leave within 30 days.
Hearing Procedure Statute is unclear regarding the purpose and procedure of the hearing. The legislature did not indicate whether this hearing was supposed to decide whether the employee should be disciplined or whether the employee should remain on paid leave. Recommend allowing the employee to have an attorney present at the hearing and to offer evidence. Make a record of the hearing.
HB 1432 Within 30 days of placing employee on administrative leave, the administration must inform the Board of Education of the reason or reasons for the employee s placement on administrative leave. Make sure this is done in closed session! Should the administrative leave continue through additional Board of Education meetings, the administration must update the Board regarding the reasons for the continued placement. Must include references in your Board meeting agendas and Board meeting minutes!
HB 1432 Additional due process now required for all district employees. Within 7 days of placing an employee on administrative leave, the District must inform the employee in writing of the general reason for being placed on administrative leave. Must do this even if leave lasts one day! This written document is not subject to the open records requirements under chapter 610.
Tips in Removing Teachers Whose Conduct is Harming Students Staff conduct policies a goldmine of options Make your staff conduct policies bulletproof and do not overreach Don t wait for courts to get rid of bad teachers Don t overuse job targets/improvement plans, etc. Modify teacher contracts confirming and agreeing to abide by Board policies Ensure consistency between Board policies and faculty handbooks
QUESTIONS? Tom Mickes tmickes@mickesotoole.com Conor Neusel cneusel@mickesotoole.com Mickes O Toole, LLC 555 Maryville University Drive, #240 St. Louis, MO 63141 Phone: (314) 878-5600
