LWSD-Guidelines for Student Investigations

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Lake Washington School District
Guidelines for Student Investigations
Updated August 13, 2011
With any student investigations, the overall guideline should be that discipline or harassment
investigations be done promptly and thoroughly, with prompt corrective action taken as appropriate.
1. Discipline Investigations. It is important that students be interviewed individually and in a
nonthreatening and non-coercive atmosphere. Typically, that should be one-on-one and not two or
three administrators interviewing the one student. Separate questioning will yield better
results. Depending on the severity and if there are criminal implications, the SRO might be
involved or the whole matter turned over for investigation to the police department in the school’s
jurisdiction. Still, there should be follow-up to those investigations insofar as it affects the
student’s discipline or other students.
It is also important that when school administrators, counselors, teachers, or other staff are
witness to a discipline or harassment situation, that they also be interviewed individually and
written notes and a written statement taken.
A written statement should be read by the witness, edited as necessary, and signed and dated by
the witness, whether it is a student, staff, administration or other employee. This helps to
preserve the evidence at the time and also not to subject the school to claims that matters were
improperly investigated, not taken seriously, or not documented.
2. Bullying/Harassment Investigations. All students, parents, teachers, or other witnesses should
report incidents of alleged bullying or retaliation to any staff member in a timely manner. Any staff
members who are informed of alleged bullying or retaliation or who witness the same should
report the incident to the principal or associate/assistant principal right away and complete some
form or statement by the close of the school day (or by the following school morning should the
incident happen during an after-school activity). If an associate/assistant principal receives the
report, he or she should immediately inform the principal.

If a staff member is a possible victim of bullying or retaliation, he or she should be notified
immediately, if he or she has not initiated the report him/herself, so that he or she can take
appropriate action.

Any Principal or Associate/Assistant principal receiving a report of alleged unresolved, severe,
or persistent harassment, intimidation, or bullying should complete an investigation of the
alleged incident as soon as practicable but generally no later than ten (10) school days from
the initial complaint or report, including meeting(s) with the involved students and
witnesses. Students and school employees who are subjects of threats of violence or harm
shall be notified of the threats in a timely manner. Parents shall be included in notifications to
students who are subjects of threats of violence or harm. Timing and details of the notice will
be as extensive as permitted by the federal Family Educational Rights and Privacy Act, other
legal limitations, and the circumstances. In general, in situations in which there is no direct
threat of eminent danger, do not divulge the name of the perpetrator. However, with an actual
threat, a “duty to warn” exists and the police should be contacted.

If the incident includes a possible criminal offense, the police should be notified
immediately. As in discipline cases, as many witnesses as well as the victim and alleged bully
should be interviewed independently to get their full stories.

If the allegations of bullying are substantiated, the Principal or Associate/Assistant principal
should determine the appropriate disciplinary response, which may include mediation,
detention, suspension (in or out of school), or expulsion. The principal or associate/assistant
principal should also complete a written report detailing: (1) their findings, (2) the disciplinary
response, (3) actions that would be taken to prevent further acts of bullying or retaliation, and
(4) the procedures and supports that will be used to restore a sense of safety for the
victim. The Principal or Associate/Assistant principal should then attach any related disciplinary
referral or letters that he or she has received to the incident report, and place the report in the
student’s file.

The student’s parents or guardians should be immediately notified of the disciplinary response.

If a perpetrator/bully is a staff member, notify Human Resources for appropriate investigation
and/or action.

If an incident of bullying or retaliation involves students from more than one school in or
outside the district, the school district or school first informed of the bullying or retaliation
should promptly notify the appropriate administrator of the other school district or school so
that both may take appropriate action.

If an incident of bullying or retaliation occurs on school grounds and involves a former student
who is no longer enrolled in the district, the police should be contacted immediately.
It should be noted that Washington State’s anti-bullying law, RCW 28A.300.285; OSPI’s Model
Harassment, Intimidation, and Bullying Policy; and LWSD’s new Harassment, Intimidation, and
Bullying Policy,(JFD, JFD-R, JFD-E) requires that any complaint received will be promptly
investigated and the District will take prompt corrective action where appropriate. Then, a written
report of the complaint and investigation results will be compiled, and results of that investigation
are to be communicated in writing to the complainant no later than two (2) school days after the
investigation has been completed. Refer to Policy JFD-R, Harassment, Intimidation, and
Bullying of Students, for all required steps. Contact Ken Lyon, LWSD Compliance Officer, for
assistance.
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