1. Office of Labor Relations Boston Public Schools July 23, 2013

2. Office of Labor Relations Staff Members Staff Members Eamonn Gill, Labor Counsel617 635-9068 Eamonn Gill, Labor Counsel617 635-9068 Joseph Bevington, Labor Counsel617 635-1576 Joseph Bevington, Labor Counsel617 635-1576 Joan Hayes, Staff Assistant617 635-1576 Joan Hayes, Staff Assistant617 635-1576

3. Office of Labor Relations Agenda Agenda A Thorough Internal Investigation is Essential A Thorough Internal Investigation is Essential How to Conduct an Internal Investigation How to Conduct an Internal Investigation Discipline Discipline

4. Why is it essential to be thorough? Why is it essential to be thorough? Provides you with the most information possible to help guide your decision Provides you with the most information possible to help guide your decision Sets the ground work for successful disciplinary hearings and arbitration Sets the ground work for successful disciplinary hearings and arbitration Helps us resolve a discipline case sooner Helps us resolve a discipline case sooner A thorough investigation demonstrates fairness A thorough investigation demonstrates fairness Internal Investigation

5. Due Process and Procedure First Consideration First Consideration The best interests of the students. Create and foster a safe, positive and supportive learning environment. The best interests of the students. Create and foster a safe, positive and supportive learning environment. Second Consideration Second Consideration An employee’s right to due process. The accused employee must have an opportunity to give his/her side of the story, know the specific allegation, bring her/her union representative. An employee’s right to due process. The accused employee must have an opportunity to give his/her side of the story, know the specific allegation, bring her/her union representative.

6. Internal Investigation A Case Study A Case Study What Would You Do? What Would You Do? Witness Statements Witness Statements Communication with the accused employee at the investigation stage Communication with the accused employee at the investigation stage How to compile an Investigatory Meeting Letter How to compile an Investigatory Meeting Letter How to conduct an Investigatory Meeting How to conduct an Investigatory Meeting

7. Internal Investigation Case Study [Incident] Case Study [Incident] At 12:30 on a Wednesday, the school nurse calls you on your cell phone to let you know that she has a student in her office who has red marks on his neck that are consistent with someone grabbing that student. At 12:30 on a Wednesday, the school nurse calls you on your cell phone to let you know that she has a student in her office who has red marks on his neck that are consistent with someone grabbing that student. The student is claiming that his teacher made the marks. The student is claiming that his teacher made the marks. WHAT WOULD YOU DO? WHAT WOULD YOU DO?

8. Internal Investigation WHAT WOULD YOU DO? WHAT WOULD YOU DO? File a 51A report! File a 51A report! Call Labor Relations Call Labor Relations Call Network Assistant Superintendent of your school Call Network Assistant Superintendent of your school Identify possible witnesses Identify possible witnesses Students Students Paraprofessionals Paraprofessionals Parent volunteers Parent volunteers Administrators who were making the rounds during testing Administrators who were making the rounds during testing

9. Internal Investigation Witness Statements [STUDENTS] Witness Statements [STUDENTS] ASAP - call each student (one at a time) into an office and interview! ASAP - call each student (one at a time) into an office and interview! Ensure a trained administrator interviews each student individually Ensure a trained administrator interviews each student individually Initially, ask open ended questions Initially, ask open ended questions Did anything out of the ordinary happen on Wednesday in Mr. Judge’s class? (Scaffold down, follow-up) Did anything out of the ordinary happen on Wednesday in Mr. Judge’s class? (Scaffold down, follow-up) Do Not Ask “Did Mr. Judge choke Steve?” Do Not Ask “Did Mr. Judge choke Steve?” Give each student a piece of paper with the question on top Give each student a piece of paper with the question on top If the student cannot write, you should write down exactly what the student tells you If the student cannot write, you should write down exactly what the student tells you Review all statements and ask follow up questions with each student individually Review all statements and ask follow up questions with each student individually Check students’ accommodations Check students’ accommodations

10. Internal Investigation Witness Statements [STAFF] Witness Statements [STAFF] Contact potential adult witnesses ASAP Contact potential adult witnesses ASAP Ask them general open-ended questions Ask them general open-ended questions Did they witness any interactions between Mr. Judge and a student on Wednesday? Did they witness any interactions between Mr. Judge and a student on Wednesday? If yes, who, what, where, when and how? If yes, who, what, where, when and how? Take notes during this meeting Take notes during this meeting Do not tape record Do not tape record Follow up with asking the adults to put their observations in writing. Follow up with asking the adults to put their observations in writing. Direct employees who initially refuse Direct employees who initially refuse

11. Internal Investigation Critical Issue Critical Issue Promptly and thoroughly gather witness statements from both students and staff. Promptly and thoroughly gather witness statements from both students and staff. The reliability of evidence deteriorates with the passage of time. The reliability of evidence deteriorates with the passage of time. This step is time sensitive and critical because the information allows us to accurately determine how to proceed. This step is time sensitive and critical because the information allows us to accurately determine how to proceed.

12. Internal Investigation Communication with the Accused Employee Communication with the Accused Employee Tell the employee the allegations against him/her Tell the employee the allegations against him/her Tell the employee you are conducting an investigation into his/her conduct Tell the employee you are conducting an investigation into his/her conduct You can ask the employee to fill out an incident report but you CANNOT ask the employee to verbally respond unless a Union representative is present. The best practice is to wait for the investigatory meeting to ask the employee to formally respond to the allegations. You can ask the employee to fill out an incident report but you CANNOT ask the employee to verbally respond unless a Union representative is present. The best practice is to wait for the investigatory meeting to ask the employee to formally respond to the allegations. However, if the employee volunteers information, write down the information However, if the employee volunteers information, write down the information

13. Internal Investigation How to Compile Investigatory Meeting Letter How to Compile Investigatory Meeting Letter A letter from the Principal on school letterhead A letter from the Principal on school letterhead The letter to the employee should include: The letter to the employee should include: The date, time and place of the meeting The date, time and place of the meeting Specify the allegations, including date of incident Specify the allegations, including date of incident Identify school policies and laws allegedly violated Identify school policies and laws allegedly violated Advise individual of the right to a union and/or legal representation Advise individual of the right to a union and/or legal representation Inform individual of the right to respond to allegations Inform individual of the right to respond to allegations Indicate that the outcome of the meeting may result in issuance of discipline up to and including termination Indicate that the outcome of the meeting may result in issuance of discipline up to and including termination

14. Investigatory Meeting Letter Dear Mr. Judge: Dear Mr. Judge: You are hereby directed to attend an investigatory meeting on October 6, 2012 at 10:00 in my office. This meeting will afford you an opportunity to respond to allegations that you engaged in serious misconduct. Specifically, it is alleged that you made inappropriate, physical contact with a student that included, but was not limited to, placing your hands on that students neck and applying enough force to leave marks. Your actions, if substantiated, constitute a violation the BPS policy against Corporal Punishment as established by Superintendent's Circular LGL-20, and is conduct unbecoming a teacher. You are hereby directed to attend an investigatory meeting on October 6, 2012 at 10:00 in my office. This meeting will afford you an opportunity to respond to allegations that you engaged in serious misconduct. Specifically, it is alleged that you made inappropriate, physical contact with a student that included, but was not limited to, placing your hands on that students neck and applying enough force to leave marks. Your actions, if substantiated, constitute a violation the BPS policy against Corporal Punishment as established by Superintendent's Circular LGL-20, and is conduct unbecoming a teacher. Please be advised that this meeting may result in the issuance of discipline up to and including termination. You are entitled to union and/or legal representation at this meeting. Please be advised that this meeting may result in the issuance of discipline up to and including termination. You are entitled to union and/or legal representation at this meeting.

15. Internal Investigation How to Conduct an Investigatory Meeting How to Conduct an Investigatory Meeting Start the Meeting Start the Meeting Sign-in sheet Sign-in sheet Read Investigatory Meeting Letter aloud, including the allegations Read Investigatory Meeting Letter aloud, including the allegations Allow the employee to respond Allow the employee to respond If employee brings an attorney, STOP and call Labor Relations If employee brings an attorney, STOP and call Labor Relations After accused employee responds After accused employee responds Ask follow up questions Ask follow up questions Who, what, where, when, how? What did you do to follow up on the incident? Who, what, where, when, how? What did you do to follow up on the incident? Inquire if there are any witnesses that the employee believes will corroborate his/her explanation of the situation Inquire if there are any witnesses that the employee believes will corroborate his/her explanation of the situation Have a Note Taker Have a Note Taker Have someone at the meeting to take accurate notes for you Have someone at the meeting to take accurate notes for you The note taker must be an administrator The note taker must be an administrator End Meeting End Meeting Tell employee that you are taking the matter under consideration Tell employee that you are taking the matter under consideration Call Labor Relations to discuss the matter Call Labor Relations to discuss the matter

16. Internal Investigation DO NOT... DO NOT... Allow the employee to bring witnesses Allow the employee to bring witnesses Provide the names of witnesses Provide the names of witnesses Give copies of written statements Give copies of written statements Discuss what is your recommendation Discuss what is your recommendation Tape record the meeting Tape record the meeting Discuss what occurred at the meeting with staff Discuss what occurred at the meeting with staff

17. Internal Investigation Important Points Important Points “Call On Us” (617) 635-1576 “Call On Us” (617) 635-1576 The earlier you involve Labor Relations in the process the more guidance we can provide The earlier you involve Labor Relations in the process the more guidance we can provide Labor Relations will be able to provide you with templates of all essential documents Labor Relations will be able to provide you with templates of all essential documents Identify and interview witnesses as soon as possible Identify and interview witnesses as soon as possible Keep Labor Relations informed at each stage of the investigation process Keep Labor Relations informed at each stage of the investigation process Labor Relations will assist you to determine appropriate and consistent discipline Labor Relations will assist you to determine appropriate and consistent discipline

18. Discipline Types of Discipline Types of Discipline How a case moves to a Disciplinary Hearing How a case moves to a Disciplinary Hearing How to prepare for a Disciplinary Hearing How to prepare for a Disciplinary Hearing Participation in a Disciplinary Hearing Participation in a Disciplinary Hearing

19. Discipline Types of Discipline Issued at the School Level Types of Discipline Issued at the School Level Oral Warning Oral Warning Note in Principal’s record Note in Principal’s record Written Warning Written Warning Warning in school file Warning in school file Written Reprimand Written Reprimand Reprimand in personnel file at the central office Reprimand in personnel file at the central office Examples of misconduct that warrant School Level discipline Examples of misconduct that warrant School Level discipline Tardiness, Failure to Report to Administrative Duties, Excessive Absenteeism, Failure to Follow Directives, Unprofessional Language, Low-Level Insubordination Tardiness, Failure to Report to Administrative Duties, Excessive Absenteeism, Failure to Follow Directives, Unprofessional Language, Low-Level Insubordination

20. Discipline Types of Discipline Issued at the Superintendnet Level Types of Discipline Issued at the Superintendnet Level Suspension (1-20 School Days) Suspension (1-20 School Days) Termination Termination Examples of misconduct that warrant Superintendent Level discipline Examples of misconduct that warrant Superintendent Level discipline Corporal Punishment Corporal Punishment Intoxication Intoxication MCAS Violations MCAS Violations Submitting False Records, Internet, Violation of Zero- Tolerance/Non-Discrimination Policy, Assault on Staff or Students, Chronic Tardiness/Absenteeism/Abuse of Sick Leave, Leaving Student Outside After Recess, Direct Threat of Violence Submitting False Records, Internet, Violation of Zero- Tolerance/Non-Discrimination Policy, Assault on Staff or Students, Chronic Tardiness/Absenteeism/Abuse of Sick Leave, Leaving Student Outside After Recess, Direct Threat of Violence

21. Discipline How a case moves to a Disciplinary Hearing? How a case moves to a Disciplinary Hearing? Principal summarizes investigation and makes recommendation to Superintendent. Principal summarizes investigation and makes recommendation to Superintendent. Superintendent reviews and approves recommendation*. Superintendent reviews and approves recommendation*. Disciplinary hearing is scheduled before an impartial Hearing Officer appointed by BPS. Disciplinary hearing is scheduled before an impartial Hearing Officer appointed by BPS. * Progressive discipline principle applies: severity considered

22. Important Notice! Remember... Only the Superintendent or the Deputy Superintendent have the authority to place an employee out on administrative leave. Only the Superintendent or the Deputy Superintendent have the authority to place an employee out on administrative leave.

23. Discipline How to prepare for a Disciplinary Hearing How to prepare for a Disciplinary Hearing Administrator sends to an Attorney in the Office of Labor Relations all documents relating to the case. Administrator sends to an Attorney in the Office of Labor Relations all documents relating to the case. Administrator and witnesses meet with Labor Relations Attorney to review anticipated testimony and documentation. Administrator and witnesses meet with Labor Relations Attorney to review anticipated testimony and documentation.

24. Discipline At the Disciplinary Hearing At the Disciplinary Hearing Union and School Department represented by attorneys Union and School Department represented by attorneys All witnesses under oath All witnesses under oath School Department presents its case first followed by the Union School Department presents its case first followed by the Union Administrators often primary witness Administrators often primary witness All witnesses subject to cross-examination by opposing party All witnesses subject to cross-examination by opposing party Detailed review of all evidence and testimony collected at the investigatory stage Detailed review of all evidence and testimony collected at the investigatory stage Hearing officer, after reviewing the tape and exhibits will draft a recommendation to Labor Relations and the Superintendent within two to three weeks Hearing officer, after reviewing the tape and exhibits will draft a recommendation to Labor Relations and the Superintendent within two to three weeks