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]

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

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

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)

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

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

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

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

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

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

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

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

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

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)

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, emails, text messages, social networking sites, desk, etc.)

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”

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

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

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?”

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

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

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

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

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

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

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

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

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

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

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.

Merri Schneider-Vogel msv@thompsonhorton.com