Office of Labor Relations
Boston Public Schools
July 23, 2013
Office of Labor Relations
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Staff Members
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Eamonn Gill, Labor Counsel
617 635-9068
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Joseph Bevington, Labor Counsel
617 635-1576
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Joan Hayes, Staff Assistant
617 635-1576
Office of Labor Relations
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Agenda
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A Thorough Internal Investigation is Essential
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How to Conduct an Internal Investigation
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Discipline
Internal Investigation
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Why is it essential to be thorough?
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Provides you with the most information
possible to help guide your decision
Sets the ground work for successful
disciplinary hearings and arbitration
Helps us resolve a discipline case sooner
A thorough investigation demonstrates
fairness
Due Process and Procedure
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First Consideration
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The best interests of the students. Create
and foster a safe, positive and supportive
learning environment.
Second Consideration
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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.
Internal Investigation
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A Case Study
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What Would You Do?
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Witness Statements
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Communication with the accused employee at
the investigation stage
How to compile an Investigatory Meeting
Letter
How to conduct an Investigatory Meeting
Internal Investigation
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Case Study [Incident]
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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.
WHAT WOULD YOU DO?
Internal Investigation
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WHAT WOULD YOU DO?
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File a 51A report!
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Call Labor Relations
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Call Network Assistant Superintendent of your school
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Identify possible witnesses
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Students
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Paraprofessionals
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Parent volunteers
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Administrators who were making the rounds during testing
Internal Investigation
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Witness Statements [STUDENTS]
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ASAP - call each student (one at a time) into an office and
interview!
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Ensure a trained administrator interviews each student
individually
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Initially, ask open ended questions
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Did anything out of the ordinary happen on Wednesday in
Mr. Judge’s class? (Scaffold down, follow-up)
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Do Not Ask “Did Mr. Judge choke Steve?”
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Give each student a piece of paper with the question on top
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If the student cannot write, you should write down exactly
what the student tells you
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Review all statements and ask follow up questions with each
student individually
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Check students’ accommodations
Internal Investigation
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Witness Statements [STAFF]
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Contact potential adult witnesses ASAP
Ask them general open-ended questions
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Did they witness any interactions between Mr.
Judge and a student on Wednesday?
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If yes, who, what, where, when and how?
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Take notes during this meeting
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Do not tape record
Follow up with asking the adults to put their
observations in writing.
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Direct employees who initially refuse
Internal Investigation
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Critical Issue
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Promptly and thoroughly gather witness
statements from both students and staff.
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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.
Internal Investigation
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Communication with the Accused Employee
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Tell the employee the allegations against him/her
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.
However, if the employee volunteers information, write
down the information
Internal Investigation
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How to Compile Investigatory Meeting Letter
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A letter from the Principal on school letterhead
The letter to the employee should include:
 The date, time and place of the meeting
 Specify the allegations, including date of incident
Identify school policies and laws allegedly violated
 Advise individual of the right to a union and/or legal
representation
 Inform individual of the right to respond to allegations
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Indicate that the outcome of the meeting may result
in issuance of discipline up to and including
termination
Investigatory Meeting Letter
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Dear Mr. Judge:
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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.
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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.
Internal Investigation
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How to Conduct an Investigatory Meeting
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Start the Meeting
 Sign-in sheet
 Read Investigatory Meeting Letter aloud, including the allegations
 Allow the employee to respond
 If employee brings an attorney, STOP and call Labor Relations
After accused employee responds
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Ask follow up questions
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Who, what, where, when, how? What did you do to follow up on the
incident?
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Inquire if there are any witnesses that the employee believes will
corroborate his/her explanation of the situation
Have a Note Taker
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Have someone at the meeting to take accurate notes for you
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The note taker must be an administrator
End Meeting
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Tell employee that you are taking the matter under consideration
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Call Labor Relations to discuss the matter
Internal Investigation
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DO NOT . . .
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Allow the employee to bring witnesses
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Provide the names of witnesses
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Give copies of written statements
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Discuss what is your recommendation
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Tape record the meeting
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Discuss what occurred at the meeting with staff
Internal Investigation
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Important Points
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“Call On Us” (617) 635-1576
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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
Identify and interview witnesses as soon as
possible
Keep Labor Relations informed at each stage
of the investigation process
Labor Relations will assist you to determine
Discipline
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Types of Discipline
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How a case moves to a Disciplinary Hearing
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How to prepare for a Disciplinary Hearing
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Participation in a Disciplinary Hearing
Discipline
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Types of Discipline Issued at the School Level
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Oral Warning
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Written Warning
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Warning in school file
Written Reprimand
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Note in Principal’s record
Reprimand in personnel file at the central office
Examples of misconduct that warrant School Level
discipline
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Tardiness, Failure to Report to Administrative Duties,
Excessive Absenteeism, Failure to Follow Directives,
Unprofessional Language, Low-Level Insubordination
Discipline
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Types of Discipline Issued at the Superintendnet Level
 Suspension (1-20 School Days)
 Termination
Examples of misconduct that warrant Superintendent
Level discipline
 Corporal Punishment
 Intoxication
 MCAS Violations
 Submitting False Records, Internet, Violation of ZeroTolerance/Non-Discrimination Policy, Assault on Staff
or Students, Chronic Tardiness/Absenteeism/Abuse of
Sick Leave, Leaving Student Outside After Recess,
Direct Threat of Violence
Discipline
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How a case moves to a Disciplinary Hearing?
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Principal summarizes investigation and makes
recommendation to Superintendent.
Superintendent reviews and approves
recommendation*.
Disciplinary hearing is scheduled before an impartial
Hearing Officer appointed by BPS.
* Progressive discipline principle applies: severity considered
Important Notice!
Remember. . .
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Only the Superintendent or the Deputy
Superintendent have the authority to
place an employee out on administrative
leave.
Discipline
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How to prepare for a Disciplinary Hearing
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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.
Discipline
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At the Disciplinary Hearing
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Union and School Department represented by attorneys
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All witnesses under oath
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School Department presents its case first followed by the Union
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Administrators often primary witness
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All witnesses subject to cross-examination by opposing party
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Detailed review of all evidence and testimony collected at the
investigatory stage
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Hearing officer, after reviewing the tape and exhibits will draft a
recommendation to Labor Relations and the Superintendent
within two to three weeks