1. 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

2. This is HR

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

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

5. 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

6. 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

7. 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

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

9. 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.

10. 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

11. 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

12. 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

13. 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

14. 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

15. 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

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

17. Executive Director or Human Resources
Contact Information
Jay Loegering
Executive Director or Human Resources
Union Public Schools