Office of Labor Relations Boston Public Schools

Office of Labor RelationsBoston Public Schools July 23, 2013

Office of Labor Relations • Staff Members • Eamonn Gill, Labor Counsel 617 635-9068 • Joseph Bevington, Labor Counsel 617 635-1576 • Joan Hayes, Staff Assistant 617 635-1576

Office of Labor Relations • Agenda • A Thorough Internal Investigation is Essential • How to Conduct an Internal Investigation • Discipline

Internal Investigation • Why is it essential to be thorough? • Provides you with the most information possible to help guide your decision • Sets the ground work for successful disciplinary hearings and arbitration • Helps us resolve a discipline case sooner • A thorough investigation demonstrates fairness

Due Process and Procedure • First Consideration • The best interests of the students. Create and foster a safe, positive and supportive learning environment. • Second Consideration • An employee’s right to due process. The accused employee must have an opportunity to give his/her side of the story, know the specific allegation, bring her/her union representative.

Internal Investigation • A Case Study • What Would You Do? • Witness Statements • Communication with the accused employee at the investigation stage • How to compile an Investigatory Meeting Letter • How to conduct an Investigatory Meeting

Internal Investigation • Case Study [Incident] • At 12:30 on a Wednesday, the school nurse calls you on your cell phone to let you know that she has a student in her office who has red marks on his neck that are consistent with someone grabbing that student. • The student is claiming that his teacher made the marks. • WHAT WOULD YOU DO?

Internal Investigation • WHAT WOULD YOU DO? • File a 51A report! • Call Labor Relations • Call Network Assistant Superintendent of your school • Identify possible witnesses • Students • Paraprofessionals • Parent volunteers • Administrators who were making the rounds during testing

Internal Investigation • Witness Statements [STUDENTS] • ASAP - call each student (one at a time) into an office and interview! • Ensure a trained administrator interviews each student individually • Initially, ask open ended questions • Did anything out of the ordinary happen on Wednesday in Mr. Judge’s class? (Scaffold down, follow-up) • Do Not Ask “Did Mr. Judge choke Steve?” • Give each student a piece of paper with the question on top • If the student cannot write, you should write down exactly what the student tells you • Review all statements and ask follow up questions with each student individually • Check students’ accommodations

Internal Investigation • Witness Statements [STAFF] • Contact potential adult witnesses ASAP • Ask them general open-ended questions • Did they witness any interactions between Mr. Judge and a student on Wednesday? • If yes, who, what, where, when and how? • Take notes during this meeting • Do not tape record • Follow up with asking the adults to put their observations in writing. • Direct employees who initially refuse

Internal Investigation • Critical Issue • Promptly and thoroughly gather witness statements from both students and staff. • The reliability of evidence deteriorates with the passage of time. • This step is time sensitive and critical because the information allows us to accurately determine how to proceed.

Internal Investigation • Communication with the Accused Employee • Tell the employee the allegations against him/her • Tell the employee you are conducting an investigation into his/her conduct • You can ask the employee to fill out an incident report but you CANNOT ask the employee to verbally respond unless a Union representative is present. The best practice is to wait for the investigatory meeting to ask the employee to formally respond to the allegations. • However, if the employee volunteers information, write down the information

Internal Investigation • How to Compile Investigatory Meeting Letter • A letter from the Principal on school letterhead • The letter to the employee should include: • The date, time and place of the meeting • Specify the allegations, including date of incident • Identify school policies and laws allegedly violated • Advise individual of the right to a union and/or legal representation • Inform individual of the right to respond to allegations • Indicate that the outcome of the meeting may result in issuance of discipline up to and including termination

Investigatory Meeting Letter • Dear Mr. Judge: • You are hereby directed to attend an investigatory meeting on October 6, 2012 at 10:00 in my office. This meeting will afford you an opportunity to respond to allegations that you engaged in serious misconduct. Specifically, it is alleged that you made inappropriate, physical contact with a student that included, but was not limited to, placing your hands on that students neck and applying enough force to leave marks. Your actions, if substantiated, constitute a violation the BPS policy against Corporal Punishment as established by Superintendent's Circular LGL-20, and is conduct unbecoming a teacher. • Please be advised that this meeting may result in the issuance of discipline up to and including termination. You are entitled to union and/or legal representation at this meeting.

Internal Investigation • How to Conduct an Investigatory Meeting • Start the Meeting • Sign-in sheet • Read Investigatory Meeting Letter aloud, including the allegations • Allow the employee to respond • If employee brings an attorney, STOP and call Labor Relations • After accused employee responds • Ask follow up questions • Who, what, where, when, how? What did you do to follow up on the incident? • Inquire if there are any witnesses that the employee believes will corroborate his/her explanation of the situation • Have a Note Taker • Have someone at the meeting to take accurate notes for you • The note taker must be an administrator • End Meeting • Tell employee that you are taking the matter under consideration • Call Labor Relations to discuss the matter

Internal Investigation • DO NOT . . . • Allow the employee to bring witnesses • Provide the names of witnesses • Give copies of written statements • Discuss what is your recommendation • Tape record the meeting • Discuss what occurred at the meeting with staff

Internal Investigation • Important Points • “Call On Us” (617) 635-1576 • The earlier you involve Labor Relations in the process the more guidance we can provide • Labor Relations will be able to provide you with templates of all essential documents • Identify and interview witnesses as soon as possible • Keep Labor Relations informed at each stage of the investigation process • Labor Relations will assist you to determine appropriate and consistent discipline

Discipline • Types of Discipline • How a case moves to a Disciplinary Hearing • How to prepare for a Disciplinary Hearing • Participation in a Disciplinary Hearing

Discipline • Types of Discipline Issued at the School Level • Oral Warning • Note in Principal’s record • Written Warning • Warning in school file • Written Reprimand • Reprimand in personnel file at the central office • Examples of misconduct that warrant School Level discipline • Tardiness, Failure to Report to Administrative Duties, Excessive Absenteeism, Failure to Follow Directives, Unprofessional Language, Low-Level Insubordination

Discipline • Types of Discipline Issued at the Superintendnet Level • Suspension (1-20 School Days) • Termination • Examples of misconduct that warrant Superintendent Level discipline • Corporal Punishment • Intoxication • MCAS Violations • Submitting False Records, Internet, Violation of Zero-Tolerance/Non-Discrimination Policy, Assault on Staff or Students, Chronic Tardiness/Absenteeism/Abuse of Sick Leave, Leaving Student Outside After Recess, Direct Threat of Violence

Discipline • How a case moves to a Disciplinary Hearing? • Principal summarizes investigation and makes recommendation to Superintendent. • Superintendent reviews and approves recommendation*. • Disciplinary hearing is scheduled before an impartial Hearing Officer appointed by BPS. *Progressive discipline principle applies: severity considered

Important Notice! Remember. . . • Only the Superintendent or the Deputy Superintendent have the authority to place an employee out on administrative leave.

Discipline • How to prepare for a Disciplinary Hearing • Administrator sends to an Attorney in the Office of Labor Relations all documents relating to the case. • Administrator and witnesses meet with Labor Relations Attorney to review anticipated testimony and documentation.

Discipline • At the Disciplinary Hearing • Union and School Department represented by attorneys • All witnesses under oath • School Department presents its case first followed by the Union • Administrators often primary witness • All witnesses subject to cross-examination by opposing party • Detailed review of all evidence and testimony collected at the investigatory stage • Hearing officer, after reviewing the tape and exhibits will draft a recommendation to Labor Relations and the Superintendent within two to three weeks

Office of Labor Relations Boston Public Schools