I complained to the administration and nothing happened … Balancing transparency and confidentiality when responding to harassment Jay Loegering, SPHR, SHRM-SCP Executive Director of Human Resources Union Public Schools

This is HR https://www.youtube.com/watch?v=O3l5_MjR0Dw

Agenda Types of Complaints Responsibilities Process Making a decision Rights of those involved Setting Expectations Making a decision Close investigation Investigation summary Scenarios

Complaints can take many forms Ways to receive complaints Formal complaints In person Emails/ social media Types of complaints Harassment Discrimination Age Gender Disability Unfair practices

Complaint origination Who complained Students Employees Public Anonymous What about complaints like: They were mean to me They yelled at me They touched me/hit me

What should I do? Determine complaint credibility Responsibilities Is this within our scope Is the source reliable Do you have impartial sources available (video, witnesses) Responsibilities To district To involved parties Confidentiality Can it be maintained (do not promise it will be!) Must ensure to best of your ability

What should I do? Do you need to take immediate steps Does the victim need to be separated from the accuser Can be for the sake of both parties Leave of absence or different shifts Temporary assignment Who gets moved? Do others need to be notified Liability for district Safety Legal requirements Public Relations

Process and Rights Process Rights Right people investigating – but who? When to involve attorneys Rights Alleged Complainant Employee Student Community member/Parent District

Starting the Process Develop interview questions Setting expectations Open ended Designed to draw out the facts See handouts for samples Setting expectations Do not promise confidentiality You may have to share who reported or who is involved Do not promise you will not include others Legal reporting requirements DHS, police, etc.

The interviews Conduct interviews Remain objective Determine credibility Seriousness of accusation Is there a motive for the alleged actions or accusations Confidentiality of those involved No outside discussion by any party Possible discipline for hampering investigation

Keep focused Investigations can grow legs! Watch out for redirection Is it related or unrelated to the investigation Do not let unrelated claims interfere with the current investigation It may cause a separate investigation to be started Watch out for redirection Always ask for timeframes and specifics Silence is your friend

Making a decision Do not jump to conclusions Let the facts guide you Remember other sources of information Discuss findings with leadership And possibly attorneys and board of education Determine formal recommendation No action can be a recommendation Are employment actions recommended If so be sure to follow policies and hearing rights

Close investigation Notify those involved of the outcome Complainant Let them know issue has been addressed and to let you know immediately if it occurs again OR there were no credible findings from the investigation Thank them for bringing up the concern Emphasize that future concerns do need to be brought forward You do not share personnel actions of other employees Let them know that if there is any retaliation, they should bring it forward immediately

Close investigation Accused If no action, thank them for their cooperation If action, let them know the consequences in writing Do you have an appeal process in policies Set expectations that these actions will not occur in the future or there will be additional discipline “Up to and including termination” Make sure appropriate documentation gets into employee file

Summary of investigation Always complete investigation by compiling notes and evidence Summarize findings and results Close the loop with leadership Assume that this will be used in court

scenarios Walking in the classroom Sore neck The Ex Works with horses

Executive Director or Human Resources Contact Information Jay Loegering Executive Director or Human Resources Union Public Schools Loegering.jay@unionps.org