Office of Labor Relations Boston Public Schools July 23, 2013

Office of Labor RelationsOffice of Labor RelationsBoston Public SchoolsBoston Public Schools

July 23, 2013

Office of Labor Relations

Staff MembersStaff Members

Eamonn Gill, Labor CounselEamonn Gill, Labor Counsel 617 635-9068617 635-9068

Joseph Bevington, Labor CounselJoseph Bevington, Labor Counsel 617 617 635-1576635-1576

Joan Hayes, Staff AssistantJoan Hayes, Staff Assistant 617 635-1576617 635-1576

Office of Labor Relations

AgendaAgenda A Thorough Internal Investigation is A Thorough Internal Investigation is

EssentialEssential

How to Conduct an Internal InvestigationHow to Conduct an Internal Investigation

Discipline Discipline

Why is it essential to be Why is it essential to be thorough?thorough? Provides you with the most information Provides you with the most information

possible to help guide your decisionpossible to help guide your decision

Sets the ground work for Sets the ground work for successfulsuccessful disciplinary hearings and arbitrationdisciplinary hearings and arbitration

Helps us resolve a discipline case Helps us resolve a discipline case soonersooner

A thorough investigation demonstrates A thorough investigation demonstrates fairnessfairness

Internal InvestigationInternal Investigation

Due Process and ProcedureDue Process and Procedure

First ConsiderationFirst Consideration The best interests of the students. The best interests of the students.

Create and foster a safe, positive and Create and foster a safe, positive and supportive learning environment. supportive learning environment.

Second ConsiderationSecond Consideration An employee’s right to due process. The An employee’s right to due process. The

accused employee must have an accused employee must have an opportunity to give his/her side of the opportunity to give his/her side of the story, know the specific allegation, bring story, know the specific allegation, bring her/her union representative.her/her union representative.


A Case StudyA Case Study What Would You Do?What Would You Do?

Witness Statements Witness Statements

Communication with the accused employee at Communication with the accused employee at the investigation stagethe investigation stage

How to compile an Investigatory Meeting How to compile an Investigatory Meeting LetterLetter

How to conduct an Investigatory MeetingHow to conduct an Investigatory Meeting


Case Study [Incident]Case Study [Incident]

At 12:30 on a Wednesday, the school nurse At 12:30 on a Wednesday, the school nurse calls you on your cell phone to let you know calls you on your cell phone to let you know that she has a student in her office who has that she has a student in her office who has red marks on his neck that are consistent with red marks on his neck that are consistent with someone grabbing that student.someone grabbing that student.

The student is claiming that his teacher made The student is claiming that his teacher made the marks.the marks.

WHAT WOULD YOU DO?WHAT WOULD YOU DO?

Internal InvestigationInternal Investigation WHAT WOULD YOU DO?WHAT WOULD YOU DO?

File a 51A report!File a 51A report! Call Labor RelationsCall Labor Relations Call Network Assistant Superintendent of your Call Network Assistant Superintendent of your

schoolschool Identify possible witnessesIdentify possible witnesses

StudentsStudents ParaprofessionalsParaprofessionals Parent volunteersParent volunteers Administrators who were making the rounds during Administrators who were making the rounds during

testingtesting

Internal InvestigationInternal Investigation Witness Statements [STUDENTS]Witness Statements [STUDENTS]

ASAP - call each student (one at a time) into an office and ASAP - call each student (one at a time) into an office and interview! interview!

Ensure a trained administrator interviews each student Ensure a trained administrator interviews each student individuallyindividually

Initially, ask open ended questionsInitially, ask open ended questions Did anything out of the ordinary happen on Wednesday Did anything out of the ordinary happen on Wednesday

in Mr. Judge’s class? (Scaffold down, follow-up)in Mr. Judge’s class? (Scaffold down, follow-up) Do NotDo Not Ask “Did Mr. Judge choke Steve?” Ask “Did Mr. Judge choke Steve?” Give each student a piece of paper with the question Give each student a piece of paper with the question

on topon top If the student cannot write, you should write down If the student cannot write, you should write down

exactly what the student tells youexactly what the student tells you Review all statements and ask follow up questions with Review all statements and ask follow up questions with

each student individuallyeach student individually Check students’ accommodationsCheck students’ accommodations

Internal InvestigationInternal Investigation Witness Statements [STAFF]Witness Statements [STAFF]

Contact potential adult witnesses ASAPContact potential adult witnesses ASAP Ask them general open-ended questionsAsk them general open-ended questions

Did they witness any interactions between Mr. Judge Did they witness any interactions between Mr. Judge and a student on Wednesday?and a student on Wednesday?

If yes, who, what, where, when and how?If yes, who, what, where, when and how? Take notes during this meeting Take notes during this meeting Do not tape recordDo not tape record

Follow up with asking the adults to put their Follow up with asking the adults to put their observations in writing.observations in writing.

Direct employees who initially refuseDirect employees who initially refuse


Critical IssueCritical Issue

Promptly and thoroughly gather witness Promptly and thoroughly gather witness statementsstatements from both students and staff. from both students and staff.

The reliability of evidence deteriorates with The reliability of evidence deteriorates with the passage of time.the passage of time.

This step is This step is time sensitive and criticaltime sensitive and critical because the information allows us to because the information allows us to accurately determine how to proceed. accurately determine how to proceed.


Communication with the Accused Communication with the Accused EmployeeEmployee Tell the employee the allegations against him/her Tell the employee the allegations against him/her

Tell the employee you are conducting an Tell the employee you are conducting an investigation into his/her conductinvestigation into his/her conduct

You can ask the employee to fill out an incident You can ask the employee to fill out an incident report but you CANNOT ask the employee to report but you CANNOT ask the employee to verbally respond unless a Union representative is verbally respond unless a Union representative is present. The best practice is to wait for the present. The best practice is to wait for the investigatory meeting to ask the employee to investigatory meeting to ask the employee to formally respond to the allegations.formally respond to the allegations.

However, if the employee volunteers information, However, if the employee volunteers information, write down the informationwrite down the information

Internal InvestigationInternal Investigation How to Compile Investigatory Meeting How to Compile Investigatory Meeting

LetterLetter A letter from the Principal on school letterhead A letter from the Principal on school letterhead

The letter to the employee should include:The letter to the employee should include: The date, time and place of the meeting The date, time and place of the meeting Specify the allegations, including date of incidentSpecify the allegations, including date of incident Identify school policies and laws allegedly violatedIdentify school policies and laws allegedly violated Advise individual of the right to a union and/or legal Advise individual of the right to a union and/or legal

representationrepresentation Inform individual of the right to respond to Inform individual of the right to respond to

allegationsallegations Indicate that the outcome of the meeting may Indicate that the outcome of the meeting may

result in issuance of discipline up to and including result in issuance of discipline up to and including terminationtermination

Investigatory Meeting LetterInvestigatory Meeting Letter

Dear Mr. Judge:Dear Mr. Judge: You are hereby directed to attend an investigatory meeting on You are hereby directed to attend an investigatory meeting on

October 6, 2012 at 10:00 in my office. This meeting will afford you October 6, 2012 at 10:00 in my office. This meeting will afford you an opportunity to respond to allegations that you engaged in an opportunity to respond to allegations that you engaged in serious misconduct. Specifically, it is alleged that you made serious misconduct. Specifically, it is alleged that you made inappropriate, physical contact with a student that included, but inappropriate, physical contact with a student that included, but was not limited to, placing your hands on that students neck and was not limited to, placing your hands on that students neck and applying enough force to leave marks. Your actions, if applying enough force to leave marks. Your actions, if substantiated, constitute a violation the BPS policy against Corporal substantiated, constitute a violation the BPS policy against Corporal Punishment as established by Superintendent's Circular LGL-20, Punishment as established by Superintendent's Circular LGL-20, and is conduct unbecoming a teacher.and is conduct unbecoming a teacher.

Please be advised that this meeting may result in the issuance of Please be advised that this meeting may result in the issuance of

discipline up to and including termination. You are entitled to union discipline up to and including termination. You are entitled to union and/or legal representation at this meeting.and/or legal representation at this meeting.

Internal InvestigationInternal Investigation How to Conduct an Investigatory MeetingHow to Conduct an Investigatory Meeting

Start the MeetingStart the Meeting Sign-in sheetSign-in sheet Read Investigatory Meeting Letter aloud, including the allegationsRead Investigatory Meeting Letter aloud, including the allegations Allow the employee to respondAllow the employee to respond If employee brings an attorney, STOP and call Labor RelationsIf employee brings an attorney, STOP and call Labor Relations

After accused employee respondsAfter accused employee responds Ask follow up questionsAsk follow up questions Who, what, where, when, how? What did you do to follow up on the Who, what, where, when, how? What did you do to follow up on the

incident?incident? Inquire if there are any witnesses that the employee believes will Inquire if there are any witnesses that the employee believes will

corroborate his/her explanation of the situationcorroborate his/her explanation of the situation Have a Note TakerHave a Note Taker

Have someone at the meeting to take accurate notes for youHave someone at the meeting to take accurate notes for you The note taker must be an administratorThe note taker must be an administrator

End MeetingEnd Meeting Tell employee that you are taking the matter under considerationTell employee that you are taking the matter under consideration

Call Labor Relations to discuss the matterCall Labor Relations to discuss the matter


DO NOT . . .DO NOT . . . Allow the employee to bring witnessesAllow the employee to bring witnesses

Provide the names of witnessesProvide the names of witnesses

Give copies of written statementsGive copies of written statements

Discuss what is your recommendationDiscuss what is your recommendation

Tape record the meetingTape record the meeting

Discuss what occurred at the meeting with Discuss what occurred at the meeting with staffstaff

Internal InvestigationInternal Investigation Important PointsImportant Points

““Call On UsCall On Us” (617) 635-1576” (617) 635-1576 The earlier you involve Labor Relations in the The earlier you involve Labor Relations in the

process the more guidance we can provideprocess the more guidance we can provide Labor Relations will be able to provide you with Labor Relations will be able to provide you with

templates of all essential documentstemplates of all essential documents Identify and interview witnesses as soon as Identify and interview witnesses as soon as

possiblepossible Keep Labor Relations informed at each Keep Labor Relations informed at each

stage of the investigation processstage of the investigation process Labor Relations will assist you to determine Labor Relations will assist you to determine

appropriate and consistent disciplineappropriate and consistent discipline

DisciplineDiscipline

Types of DisciplineTypes of Discipline

How a case moves to a Disciplinary How a case moves to a Disciplinary HearingHearing

How to prepare for a Disciplinary How to prepare for a Disciplinary HearingHearing

Participation in a Disciplinary HearingParticipation in a Disciplinary Hearing

DisciplineDiscipline Types of Discipline Issued at the School LevelTypes of Discipline Issued at the School Level

Oral Warning Oral Warning Note in Principal’s recordNote in Principal’s record

Written Warning Written Warning Warning in school fileWarning in school file

Written Reprimand Written Reprimand Reprimand in personnel file at the central officeReprimand in personnel file at the central office

Examples of misconduct that warrant School Level Examples of misconduct that warrant School Level disciplinediscipline Tardiness, Failure to Report to Administrative Tardiness, Failure to Report to Administrative

Duties, Excessive Absenteeism, Failure to Follow Duties, Excessive Absenteeism, Failure to Follow Directives, Unprofessional Language, Low-Level Directives, Unprofessional Language, Low-Level InsubordinationInsubordination

DisciplineDiscipline Types of Discipline Issued at the Superintendnet LevelTypes of Discipline Issued at the Superintendnet Level

Suspension (1-20 School Days)Suspension (1-20 School Days) TerminationTermination

Examples of misconduct that warrant Superintendent Examples of misconduct that warrant Superintendent Level disciplineLevel discipline Corporal PunishmentCorporal Punishment IntoxicationIntoxication MCAS ViolationsMCAS Violations Submitting False Records, Internet, Violation of Submitting False Records, Internet, Violation of

Zero-Tolerance/Non-Discrimination Policy, Assault Zero-Tolerance/Non-Discrimination Policy, Assault on Staff or Students, Chronic on Staff or Students, Chronic Tardiness/Absenteeism/Abuse of Sick Leave, Tardiness/Absenteeism/Abuse of Sick Leave, Leaving Student Outside After Recess, Direct Threat Leaving Student Outside After Recess, Direct Threat of Violenceof Violence


How a case moves to a Disciplinary How a case moves to a Disciplinary Hearing?Hearing?

Principal summarizes investigation and makes Principal summarizes investigation and makes recommendation to Superintendent. recommendation to Superintendent.

Superintendent reviews and approves Superintendent reviews and approves recommendation*.recommendation*.

Disciplinary hearing is scheduled before an Disciplinary hearing is scheduled before an impartial Hearing Officer appointed by BPS.impartial Hearing Officer appointed by BPS.

** Progressive discipline principle applies: severity consideredProgressive discipline principle applies: severity considered

Important Notice!Important Notice!

Remember. . . Remember. . .

Only the Superintendent or the Only the Superintendent or the Deputy Superintendent have the Deputy Superintendent have the authority to place an employee out authority to place an employee out on administrative leave.on administrative leave.


How to prepare for a Disciplinary How to prepare for a Disciplinary HearingHearing

Administrator sends to an Attorney in the Administrator sends to an Attorney in the Office of Labor Relations all documents Office of Labor Relations all documents relating to the case.relating to the case.

Administrator and witnesses meet with Administrator and witnesses meet with Labor Relations Attorney to review Labor Relations Attorney to review anticipated testimony and documentation. anticipated testimony and documentation.

DisciplineDiscipline At the Disciplinary Hearing At the Disciplinary Hearing

Union and School Department represented by attorneysUnion and School Department represented by attorneys

All witnesses under oathAll witnesses under oath

School Department presents its case first followed by School Department presents its case first followed by the Unionthe Union

Administrators often primary witness Administrators often primary witness

All witnesses subject to cross-examination by opposing All witnesses subject to cross-examination by opposing partyparty

Detailed review of all evidence and testimony collected Detailed review of all evidence and testimony collected at the investigatory stageat the investigatory stage

Hearing officer, after reviewing the tape and exhibits will Hearing officer, after reviewing the tape and exhibits will draft a recommendation to Labor Relations and the draft a recommendation to Labor Relations and the Superintendent within two to three weeksSuperintendent within two to three weeks

Documents

Office of Labor Relations Boston Public Schools July 23, 2013