PRACTICES

Investigations

What We Do

Having represented California school districts in all areas of law for more than 50 years, DWK knows the ins and outs of public education. When allegations of misconduct and other complaints are filed against a district, we use this know-how to conduct high-quality, impartial investigations in a timely and cost-effective manner.

Our Investigations Team is comprised of attorneys whose legal expertise includes all areas of education law, from labor and employment to students and special education, charter schools, board governance, and everything in between.  We work with clients to develop an initial investigation plan, conduct witness interviews, and gather evidence.  We provide detailed and comprehensive investigation reports, engage with the staff and school board, and where appropriate can assist with decision-making and appeals.

Investigation areas we handle include:

  • Sexual harassment or sexual assault complaints involving students or employees (under the Education Code, Title IX, FEHA, and Title VII)
  • Uniform Complaints by students or parents (including complaints of discrimination, Williams Act complaints, and violations of program requirements)
  • Employment discrimination or harassment
  • Bullying
  • Liability and Government Code Claims (Tort Claims)
  • Employee misconduct or mismanagement
  • Student violations of the code of conduct

Investigations – the DWK Way

  • Investigations we conduct remain privileged and confidential. The attorney-client privilege applies when a lawyer and a client have a confidential communication in furtherance of the attorney’s rendering of a legal service or advice. When the attorney is performing a legal service by conducting an investigation, the investigation is protected by the attorney-client and work product privileges.  When these privileges attach, the documents surrounding the investigation can be protected from disclosure under the attorney-client privilege and/or the work product doctrine, including among other things:
    1. The investigation report
    2. Communications with the client to plan the investigation, get background information, and request documents or information
    3. Communications with the client about the investigator’s findings or impressions
    4. Attorney notes or recordings of witness interviews and statements obtained through an attorney-directed interview.
  • Using a DWK attorney to handle your investigation also ensures that the investigation will be conducted by an experienced fact gatherer who can skillfully apply the law to your unique set of facts.

Sample Trainings and In-Services

To help prevent legal issues before they arise, we offer a wide variety of trainings on current issues, with trainings added regularly to address new and evolving compliance concerns. Although we can always customize a training for you, below a sampling of the workshops we have provided related to investigations:

  • Conducting Internal Investigations
  • Investigations – Getting the Answers You Need
  • Investigator Report Writing
  • Conducting an Appropriate Workplace Investigation
  • Conducting Reference Checks and Investigations
  • Student Discipline: Investigations and Searches
  • Sexual Harassment, Bullying and Investigations
  • Discrimination, Harassment and Bullying: UCP Investigations
  • The UCP Process
  • Responding to Student and Personnel Complaints
  • Title IX and Student Discipline
  • Align with Title IX
  • All Employee Title IX Training
  • Fundamentals Training for the Title IX Team: Compliance Officers, Investigators, Decision-Makers, Facilitators of Informal Resolution, and Administrators
  • Demystifying Title IX: A Practical Primer for Responding to Sexual Harassment Concerns in K-12 Schools

Interested in scheduling a training for your team?

Disclaimer: The information provided is for general informational purposes only and does not constitute legal advice. Please consult your attorney for advice tailored to your specific situation.