10 tips on how to deal with a complaint and investigation
December 9, 2019
Each year, the ACSA Member Assistance & Legal Support Team, under the direction of Senior Director of Member Services and Support Margarita Cuizon-Armelino, works with approximately 750-800 individual ACSA members.  One of the issues that sometimes surfaces is when a member calls to ask how to deal with a complaint filed against them, including an impending investigation interview. Member Assistance Advocates John Almond, Sharon Dezutti, Joe Jones, Janet Morey, Gary Rutherford, Bill Tschida and Lloyd Wamhof have developed 10 tips to help members address this important topic. 1. When you are told that a complaint has been filed against you, usually by the administrator responsible for Human Resources, it’s quite likely that you will not be given the reason for the complaint. It’s only natural to want to know the reason so that you can begin to prepare your response, but it’s common practice in school districts to initially withhold that information. It’s a good habit to routinely back up your computer files, and keep that backup material at your residence.  2. Follow the directions given to you by the HR administrator, which normally include to refrain from discussing the complaint with other individuals. This directive may seem strange especially if you haven’t been told the reason for the complaint.  3. At this point, call the ACSA Member Assistance & Legal Support Team at 800-608-2272 in order to receive advice and support. 4. Be prepared for an investigation of the complaint. The investigation may be conducted by district staff, or an outside investigation firm may be contracted. 5. Depending on the type of complaint, you may or may not be placed on administrative leave while the investigation is being completed. If you are placed on Paid Administrative Leave of Absence, it’s not a disciplinary action. It’s a means to protect you and the validity of the investigation from accusations of undue influence on the process. As we have discussed in a previous Advocates’ Corner articles in EdCal, being placed on administrative leave can raise your anxiety level. Investigations can sometimes take longer than you think reasonable. It’s very difficult to be out of the loop while you’re waiting. Stay in touch with your district contact. In many cases, it will most likely be someone within the Human Resources Department. Your ACSA Advocate will also be available to assist you during this process.  6. At some point in the process, generally toward the end, you will be interviewed by the investigator regarding the specifics of the complaint. In most cases, you will NOT know the specifics until the investigator asks you questions related to the allegations. You will be given an opportunity to produce any documentation necessary to support your responses such as emails, notes you may have taken, a list of other witnesses you believe should also be interviewed, any records related to the complaint. Be thorough in your responses, but do NOT stray from the specifics of the question. 7. If you don’t feel prepared to answer a question during the interview, it’s acceptable to tell the interviewer that you need to check your records and get back to him/her. This interview process isn’t a trial; it’s an investigation, a fact-finding endeavor, and the interviewer should give you an opportunity to more factually respond to a question.  8. There are some complaints that don’t require a lengthy investigation, so don’t jump to conclusions about the possible outcome. There are many frivolous complaints filed each year. However, never take the process for granted.  9. In our observations over the past 20 years, more complaints are being filed against administrators. It comes with the job. For that reason, be mindful of your interactions with staff, colleagues and parents. Keep good records, especially if you have an intuition that trouble may be coming your way.   10. Finally, as stated in tip number 3 above, do not hesitate to call the ACSA Member Assistance & Legal Support Team at 800-608-2272. It’s a valuable service that is offered to you as a member. 
Complaint key on computer keyboard.
Members of ACSA have access to the Member Assistance & Legal Support Team, which can help in the event of a complaint filed against them.
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