1. Presented by: Tom Mickes & Conor Neusel
Time Out with a Time Limit: Missouri’s New Administrative Leave Law and Other Staff Discipline Issues
Presented by:
Tom Mickes & Conor Neusel

2. How To Conduct A Thorough Employee Investigation

3. 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.
1 & 1a Should the investigator be an administrator within the school or someone higher up? Should an attorney be consulted? Sending a letter to those who will be involved in the investigation introducing the investigator will help establish his or her authority. Consider whether the individual would make a good witness at trial in the future.

4. 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
2a If there’s any potential safety threat, immediate paid leave may be the best option

5. 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.
2 Failure to act quickly could leave the complainant to be harassed even more, or could make them feel that their concerns are ignored
The longer you wait, the more you forget things.

6. 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.
3 & 3a Even if the person reporting is constantly making complaints, mentions of discrimination, harassment, or abuse must always be taken seriously

7. 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.
Don’t stick too strictly to a plan if the investigation suddenly takes a new turn
Be prepared to adapt as the investigation moves forward
Relevant documents – personnel files, or text message correspondence, any written complaints or statements
Examples: Poliyc AC & MCE ________.

8. 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.
Don’t stick too strictly to a plan if the investigation suddenly takes a new turn
Be prepared to adapt as the investigation moves forward
Relevant documents – personnel files, or text message correspondence, any written complaints or statements
Examples: Poliyc AC & MCE ________.

9. 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
4 & 4a – Use general questions when interviewing the complainant use general questions to get a full story, then move to more specific questions.
Be sure to get the names of employees they feel could be witnesses or are important to the investigation.
If an employee fails to cooperate, it can be considered insubordination.
Remember to remind interviewees that everything said in the interview should be kept confidential

10. 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.
Can District tape record interview??
Confidentiality during the investigation protects the reputations of everyone involved from being wrongly tarnished
It’s impossible to promise complete confidentiality since information could be compelled in court in the future

11. 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.

12. Witness Interviews Interview complainant first, if possible.
Interview subject of complaint next, then other witnesses.
Face-to-face interviews are preferable.

13. 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.

14. Witness Interviews When interviewing the Complainant:
Learn all facts and circumstances relating to complaint
Frequency of alleged discrimination or harassment
Severity of conduct

15. 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.

16. 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.

17. Witness Interviews
Request copies of any documents or other evidence that may exist such as:
Notes
Calendar Appointments
Texts
Phone Messages

18. Handling Requests for Third Party Involvement
Someone outside the school such as a friend or spouse?
Another staff member?
An attorney?
MSTA/MNEA Representative?
If the employee asks for a friend who is not an employee of the school to accompany them to the interview, the answer should be no
Remember that the addition of another individual in an interview can have a chilling effect on the information the employee will give. Remember that the employee has no right to an attorney since it’s not a legal investigation

19. Report Prepare a thorough report about the investigation. Include:
Details of the investigation
Results and conclusions
Further action taken
Details of investigation names of all who was interviewed.
Facts to consider when making determination regarding the merits of Complaint include: evidence, timing, credibility of all involved

20. 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.

21. 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.

22. Missouri’s New Administrative Leave Law
House Bill 1432:
Missouri’s New Administrative Leave Law

23. 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.

24. 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.

25. 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.

26. 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.

27. 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!

28. 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.

29. 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

30. 555 Maryville University Drive, #240
QUESTIONS?
Tom Mickes
Conor Neusel
Mickes O’Toole, LLC
555 Maryville University Drive, #240
St. Louis, MO 63141
Phone: (314)