INVESTIGATIONS OF STAFF MEMBERS

WHEN ARE INVESTIGATIONS NECESSARY

Investigations are necessary when inappropriate, unprofessional, or criminal behavior is observed or

alleged. The purpose of the investigation is to determine who is responsible for the behavior, what the
behavior consisted of, and what steps and disciplinary action, if necessary, need to be taken as a follow-up
to the investigation.

Anonymous notification of the behavior stated above is not discounted. For the employee’s benefit,
he/she is to be made aware of anonymous allegations and given the opportunity to address what has been
stated.

OFFICES/PERSONNEL RESPONSIBLE FOR CONDUCTING INVESTIGATIONS

 Principals/Supervisors or Designees
 Office of the Chief Technology Officer/Office of Shared Accountability
 Office of Special Education and Student Services
 Office of School Performance
 Office of Human Resources
 Other MCPS Offices as appropriate
 Department of Health and Human Services/Child Welfare Services and/or Family Services
Division/Montgomery County Police Department

DETERMINATION OF INVESTIGATING OFFICE

Incidents or allegations of incidents that necessitate consideration of an investigation are to be reported

immediately to the appropriate community superintendent. Additional reports to the Office of Information
and Organizational Systems, the Office of Student and Community Services, the Office of Human
Resources, or other MCPS offices may be recommended by the community superintendent or required by
procedure. The community superintendent, often in consultation with other offices, will determine if the
investigation is to be conducted at the school level or in conjunction with another office.

Most incidents of unprofessional behavior such as inappropriate language, loss of temper, insubordination,
or touching (in a nonsexual manner) of students are handled at the school/local level by a school
administrator/supervisor or designee. However, if the offense is not the first to be committed by the
individual, and in accordance with the progressive discipline procedures, the above stated offenses may
need to be investigated at another level. A request to have an office outside the school conduct an
investigation of a certificated employee is submitted to the appropriate community superintendent. If the
request is determined to be appropriate, the community superintendent requests an investigation from the
associate superintendent, Office of Human Resources. A request for an investigation of a substitute teacher
or a supporting services employee should be submitted, in writing, to the director, Performance Evaluation,
Office of Human Resources.

If allegations of test security violations are reported, principals should refer to the March 5, 2008,
memorandum from Jody A. Leleck, chief academic officer and Stephen L. Bedford, chief school
Performance Officer to all principals, “Protocol for the Review of Alleged Test Security Violations.”
Timely notification to the Department of Shared Accountability and the Office of School Performance is
critical. Identification of the investigating party will be dependent upon the nature of the violation.
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Principals need to be aware that allegations of child abuse, neglect, or mental/physical injury are
handled in a different manner than all other allegations. Once school staff is made aware of such an
allegation, questioning of the student should cease. The Department of Health and Human Services/Child
Welfare Services (240-777-4417) or the Family Services Division of the Montgomery County Police
Department (240-773-5400) must be contacted immediately. A written report also will be required
within 48 hours of notification. No further questioning by school system staff is to take place until
clearance is given by either the Child Welfare Services or the Family Services Division. An
ombudsperson is available at 240-777-3516 to assist school personnel in clarifying concerns about
child maltreatment cases.

INVESTIGATIONS CONDUCTED BY A SCHOOL ADMINISTRATOR/DESIGNEE

 Notify the appropriate community superintendent of your need to conduct an investigation. A serious
incident report or a report “for the record” documenting the incident and follow-up action should be
prepared, as appropriate.

 Conduct all interviews with a second staff member present as a witness.

 Ask detailed questions regarding exactly what happened.

 Get a signed, written statement from the complainant. If the complainant is a young student (or unable to
write), a staff member may take the statement, read it back to the complainant for approval, and have them
sign and date the statement. The note taker also should sign and date the statement and include their
position title.

 Always contact parents when students are involved and need to be interviewed. It is advisable to
even contact the parents of students who have reached the age of majority. Parents often ask to attend
the interview. This is permissible.

 Interview witnesses or others who may corroborate what the complainant has alleged. Ask for all
possible individuals who may have knowledge of the incident and will need to be interviewed.
Request a signed and dated written statement from the witness.

 Inform the complainant and all witnesses named by the complainant that they are responsible for
maintaining confidentiality.

 If sexual harassment is alleged, refer to the Board of Education Policy ACF, Sexual Harassment, and
MCPS Regulation ACF-RA, Sexual Harassment. Make sure that the complainant and alleged
perpetrator are never required to meet together as part of the investigation. When interviewing the
complainant, ask how what was said or done made him/her feel. Ask the complainant what possible
relief he/she is expecting as a result of the investigation. Never make or indicate any promises about
what will happen.

The telephone number for Employee Assistance Program should be made available to the
complainant and alleged perpetrator (240-314-1040).

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School administrators must report suspected student to student sexual harassment and suspected
student to student sexual harassment and incidents of sexual harassment involving parents or
members of the community to the appropriate community superintendent in the Office of School
Performance. Staff to student or staff to staff sexual harassment incidents should be reported to the
director, Performance Evaluation, Office of Human Resources. It also is recommended that
administrators contact the director, Performance Evaluation, if conducting an in-house investigation
(301-279-3361).

 If the allegations involve complaints of any type against another staff member, the complainant
should provide the name of the alleged perpetrator and names of possible witnesses. Interview the
alleged perpetrator and take a signed, written statement from this individual. Take statements from
all witnesses this individual asks you to contact. Notify them of your expectation for confidentiality.

 Review all statements and check to make sure that written/typed statements—
 are signed and dated,
 assign a time frame (as specific as possible) to the incident(s),
 indicate if a report of an incident is first hand or if it is hearsay,
 are as precise as possible, and
 identify all persons mentioned in the statement.

 If clarification is needed, return to any party who submitted a statement.

 Make a decision regarding culpability, prepare a report, and determine the extent of disciplinary
action if appropriate.

 Disciplinary action available to a school administrator consists of—

 an oral reprimand,
 a written reprimand, or
 removal from a specific responsibility or privilege.

 Written reprimands should be in letter form and should state—

 that the letter is indeed a reprimand,
 the allegations leading to the investigation,
 the findings, and
 that “any further instances of inappropriate behavior will require a recommendation for more
serious disciplinary action.”

 Employees receiving reprimands should sign or initial a copy of the reprimand that will be placed in
their school or personnel file, as appropriate. The reprimand should be included in the data used to
conduct the individual’s next performance evaluation. A sample letter of reprimand is available in the
sample letters section.

RESPONSIBILITIES OF THE SCHOOL ADMINISTRATOR DURING AN “OUTSIDE”

INVESTIGATION

 The contacting of students’ parents is handled by a school administrator or designee.

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 It is advisable that school administrators or their designee sit in as an observer on interviews of

students conducted by an outside investigator.

 Initial (which may become final) statements are often taken under the direction of the school
administrator.

 If suspected child abuse and neglect is reported—

 an oral report needs to be made as “soon as is reasonably possible,”
 a written report, MCPS Form 335-44, Report of Suspected Child Abuse and/or Child Neglect,
must be submitted within 48 hours by the person making the original oral report, and
 a call Child Welfare Services ombundsperson for questions/information (240-777-3516).

 If the police request directory information, it should be provided.

 Statements must be kept confidential. Police must subpoena any statements if they want them unless
it is determined that a person or persons is or will be in “immediate danger” if police are not given
information.

 The investigation, the resolution, and any subsequent action must be kept confidential.

 Disciplinary action by the superintendent of schools or designee may consist of—

 a written reprimand,
 demotion,
 suspension,
 transfer,
 course work,
 reassignment, or
 termination.

PLACING AN EMPLOYEE ON LEAVE DURING AN INVESTIGATION

The “responsible administrator,” acting in accordance with MCPS Administrative Regulation GJC-RA,
can place a certificated employee (e.g. teacher, counselor) on leave as an emergency measure. This leave
cannot exceed one duty day. If the certificated employee is to be placed on additional leave, it is done
under the authority of the superintendent of schools. A request to place a supporting services employee
on leave must be submitted, in writing, to the associate superintendent, Office of Human Resources.

During investigations, employees are most often placed on leave with salary. It is sometimes possible to
place an employee at another work location rather than resorting to paid leave. Certain charges prevent
the option of permitting the employee to continue to work with students or other employees during an
investigation.

While on administrative leave, the employee is not allowed to be on school grounds or attend events at
any MCPS location without the express permission of the superintendent or his designee. The duration of
leave cannot be predicted. Some investigations involve taking statements from many individuals. If
police and/or Child Welfare Services are involved, clearance must be obtained prior to MCPS initiating
an investigation. Only the superintendent of schools or his designee can return an individual to an

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assignment and prior to his signature, the case is reviewed and approved by the associate superintendent
of the Office of Human Resources, legal counsel for MCPS, the director of association relations, and the
deputy superintendent.

PERTINENT POLICIES AND REGULATIONS FOR REFERRAL

ACF Sexual Harassment

ACF-RA Sexual Harassment
COB-RA Reporting a Serious School Incident
GJC-RA Suspension and Termination of Professional Personnel
GJC-EA Suspension or Dismissal of Teachers, Principals, and Other Professional Personnel (State
Law)
GJD-RB Discipline or Discharge of Supporting Services Employees
JFA- RA Students’ Rights and Responsibilities

Raymond Frappolli
Director, Performance Evaluation
Office of Human Resources
301-279-3361

2009