NSU University School Faculty, Staff and Employee Handbook

71 a private party). If the alleged misconduct does not affect or significantly relate to the school, the best practice is not to investigate the matter. Next, the alleged student “victim” should be identified. The student’s parents/guardian should be notified immediately about the allegations. Conversely, there may not be a victim, but rather an allegation that the student violated a school policy. It should then be determined if the allegation relates to past conduct or more present conduct, and if there is risk that the alleged misconduct might be repeated. Last, a determination should be made whether illegal or criminal wrongdoing has been alleged. If so, the school may be required to notify local law enforcement officials or state agencies. Is an Investigation Warranted? After these initial determinations are made, school officials need to decide if a full investigation is necessary. As stated above, if the allegation relates to a school matter or has the possibility of affecting school functions, an investigation should be undertaken. If the administration is unsure or hesitant, it is recommended that an investigation be conducted. If a student is involved, either as a victim or potential witness, the parents/guardian should be notified of the allegations, of the ongoing investigation, and that the student may need to give an official written or oral statement. The complainant should put his/her allegations in writing. This will provide the investigator a framework from which s/he can conduct the investigation. It will allow the accused to fully and adequately know what the actual allegations are. It also ensures that the allegations are coming directly from the accuser, and have not been “filtered” by anyone else. If the accuser is a young student and is not capable of drafting a complete and coherent written statement, an oral interview may be justified. If this is necessary, it is recommended that the student’s parent/guardian be present during the interview. Whoever conducts the interview should transcribe a written account of the interview as soon as the interview ends. The Investigation Process The accuser should be interviewed first. Then, all witnesses should be interviewed and encouraged to provide written statements. The accused student should be interviewed last. This way, his/her statements can be compared to information already gathered from the investigation. The investigator should request that the accused provide a written statement of his/her version of events or defense. The investigator should also draft a written anecdotal record of the interview as soon as the interview concludes. Under no circumstances should the investigator discuss the accusations or investigation with the accused “off the record.” A strict chain of custody for all physical evidence should be established. As few people as possible should have access to physical evidence. Evidence should be stored in a secure, discreet location. Evidence that is illegal to possess, such as narcotics or firearms,