Checklist for Responding to Allegation of Student-on-Student Misconduct at School or Camp
One of the most difficult allegations a school or camp professional can face is an allegation of student-on-student misconduct, particularly when it involves a claim of sexual assault.
Here are some things to consider:
☑️ Is it appropriate for the school or camp to get involved?
Administrators must determine the appropriate level of involvement, particularly if the incident occurred off campus.
☑️ How should the fact-finding be conducted?
Given the sensitivities, it is always not advisable to conduct an internal fact-finding, especially if sexual misconduct is involved. Hiring the appropriate external investigator is important as it can set the tone of the conversations with students and parents and assess credibility. Consider the experience of the investigator and whether they are trained on trauma-informed practices.
☑️ Are there notifications to be made?
The allegations may trigger questions about mandatory or other reporting obligations. Consult an attorney to determine reporting obligations.
☑️ How should parents be notified?
Transparent communication with parents is critical, but often difficult. Determining when and how to talk to parents about the process is an important step in the process.
☑️ What is the appropriate disciplinary action?
Mindful of policies, schools and camps must determine appropriate, consistent discipline.
Alcalaw helps school and camp administrators as they respond to allegations of misconduct by providing legal, strategic, investigative and communications advice.
