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 isa 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.

  1. 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.