- WCSD Insight
- Administrative Investigations Division
- Administrative Investigations Division FAQs
Administrative Investigations Division Frequently Asked Questions
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Welcome to the Office of the General Counsel Administrative Investigations Division Insight page. We hope you find useful resources on this staff only site. If you are looking for a resource you cannot find here, please feel free to contact our Office.
Remember, the information on this page is for staff use only and may be protected by the attorney-client privilege. Please do not share this information outside of the District.
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How do I request an investigation by the OGC Administrative Investigator and what should I include with my request?
A school administrator must submit a Confidential Request for Investigation Form (CRIF) to the OGC. The CRIF must be filled out in detail, signed and dated by the administrator. The request should include the who, what, where, when, list of potential witnesses, and any supporting documents. See Administrative Regulation 9166 - Administrative Investigations, for more information.
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May I go to the investigator directly if I know someone needs to be investigated?
No, you must submit a Confidential Request for Investigation Form (CRIF).
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My request for investigation was denied and I am now doing the investigation. Where do I start?
Begin with an investigation plan (referenced in OGC Newsletter Volume 1, Issue 2).
- List the name of the complainant and respondent;
- Make a list of proposed allegations;
- Identify what sources of information you may need to support the allegations;
- Make a list of potential witnesses;
- Make a list of potential evidence (documents, emails, photos, videos);
Your investigation plan will help guide your efforts.
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How much evidence do I need to make a decision on an administrative investigation?
The standard of proof in administrative cases is the “substantial evidence” standard. “Substantial evidence” means “such relevant evidence as a reasonable mind might accept as adequate to support a conclusion.” Richardson v. Perales, 402 U.S. 389, 401 (1971).
In order to meet this standard, a reasonable person must find that based on the evidence and totality of the circumstances it is more likely than not the offense or violation occurred.
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What happens after the investigation is concluded?
If the matter lacks substantial evidence, a closing memo is prepared. The closing memo, which is submitted to the OGC and Labor Relations, contains a summary of the investigator and an analysis of the evidence.
If the investigation finds there is substantial evidence that a board policy or regulation has been violated, the administrative investigator prepares a “Confidential Preliminary Report.” This report lays out the allegations, the evidence collected, a summary of witness statements and lays out the foundation for the Labor Relations Department to recommend the issuance of an Investigatory Due Process (IDP) letter.
The administrative investigator most often attends the IDP meeting, along with the administrator in charge of the investigation and Labor Relations. During the IDP meeting, the subject is allowed the opportunity to respond to the allegations set forth in the IDP letter.
During an IDP meeting, new information may come to light and/or information that may need further clarification or reconciliation. In those instances, follow-up investigative tasks will be conducted which may result in additional or follow-up IDP meetings.
Once the IDP meeting has been concluded the administrative investigator prepares a “Confidential Final Report.” This report incorporates the contents of the preliminary report and continues with a summary of statements made during the IDP meeting and any follow-up investigation preformed. The final report closes with an analysis of the evidence and findings.