Article 29 - Conduct Investigations

29.1 Conduct Investigations

29.1.1

A "conduct investigation" is a District-initiated investigation of a faculty member alleged to have engaged in misconduct, based on information received from a formal or informal complaint, manager observations, or other credible sources of information.

29.1.2

The District has the authority and obligation to investigate complaints, reports, or other credible information that a faculty member has engaged in misconduct.

Faculty members have an obligation to cooperate with investigations and to answer questions truthfully. All parties to a conduct investigation, including investigators, respondents, and witnesses, will adhere to the highest standards of integrity and maintain professional courtesy throughout the process.

29.1.3 Notifications to Respondent

29.1.3.1

Prior to conducting any investigatory interview of a bargaining unit member, the District will send the member an Employee Notification Letter.

29.1.3.1.1

The Employee Notification Letter will be delivered electronically (by email).

29.1.3.1.2

The member shall be provided with notice of his or her right to representation.

29.1.3.1.3

The Employee Notification Letter will provide the following information:

1. The District takes a neutral stance when investigating possible misconduct, and no findings of wrongdoing have been made;
2. The District maintains the confidentiality of the investigation to the fullest extent possible;
3. A description of timelines for the investigation;
4. District policy and law prohibit retaliation of any kind against anyone involved in the investigation;
5. A summary of the interview subject matter, including:
   1. The name of the complainant(s), if appropriate and at the discretion of the Chancellor or designee;
   2. What allegedly occurred;
   3. When the incident(s) allegedly occurred;
   4. Where the incident(s) allegedly occurred;
   5. Current and accurate information at the time of the interview. If the District learns of other allegations and seeks to re-interview the faculty member, the member shall be provided with a new summary;
   6. If the District learns of other allegations before the interview, it shall provide an updated summary. If the member requests additional time, they shall be afforded no less than three days, unless safety and security preclude the delay;
   7. The District may deliver the summary orally, in which case the Employee Notification Letter should include a written invitation to a meeting whose sole purpose is to deliver the summary.

29.1.3.2

Prior to conducting any investigatory interview, the District will notify UF by providing a Union Notification Letter (UNL). Depending on the member's authorization, communications will either be copied to UF or UF will be notified the member has declined representation.

29.1.3.2.1

When UF represents the faculty member under investigation, the District will provide UF with:

1. A written summary of the allegations with as much specificity as possible;
2. Additional information requested by UF in its representation role, as appropriate;
3. District may provide this information orally instead of in writing.

29.1.3.2.2 Nondisclosure:

The District may withhold details if disclosure is not allowable or justified by a compelling legal reason. In such cases, the District shall promptly notify UF in writing and offer to meet and confer to discuss what information can be disclosed. The District will accommodate requests for redaction or limited-use agreements.

29.1.3.3 Additional Notice Requirements When Faculty Member is Placed on Involuntary Paid Administrative Leave

If the District places a faculty member on paid leave before completing the investigation, the member will receive an explanation of the reasons, including that the leave does not bar them from contacting UF. A UF rep may escort them to the UF office.

29.1.3.3.1

Per Ed Code 87623, an academic employee must receive written notice of the general nature of allegations at least two business days before being placed on leave, unless there's serious risk or danger. If that's the case, the employee must be notified within five business days.

29.1.3.4

Faculty serving as witnesses (not respondents) are not required to receive an Employee Notification Packet, but must be informed that:

1. They are not the subject of the complaint;
2. They may consult a UF rep before or after the interview;
3. Retaliation is prohibited.

29.1.4 Scheduling Interviews

29.1.4.1

Faculty must be given at least three days' notice before an interview. If UF representation is requested, interviews must be scheduled when UF is available.

29.1.4.2

Interviews must occur during work hours on regular faculty service days unless otherwise agreed. Faculty cannot be disciplined for missing interviews during winter or summer break.

29.1.4.3

Respondents and witnesses may request short breaks during interviews.

29.1.5 Representation at Interviews

29.1.5.1

The respondent has the right to representation.

29.1.5.2

The District may permit a faculty witness to have a UF representative present with prior approval.

29.1.6 Confidentiality

29.1.6.1

The District shall maintain confidentiality to the fullest extent possible, though disclosure of names and events may be required.

29.1.6.2

Faculty are directed to maintain confidentiality, but may confer with UF reps, legal counsel, or colleagues for support. The District advises against contacting complainants or witnesses.

29.1.6.3

Faculty on leave may be asked not to contact students. The District will set up an automatic email response directing students to appropriate contacts without referencing the investigation.

29.1.7 Timelines

29.1.7.1

The Employee Notification Letter should be sent before any interviews, unless safety concerns require otherwise. UF will be notified via UNL.

29.1.7.2

The District will notify UF before launching an investigation. After the member signs the Acknowledgement of Rights and Responsibilities, the District will send UF a UNL.

29.1.7.3

The District will strive to complete investigations within 90 days. If not possible, UF and the respondent will receive a timeline update.

29.1.7.4

In cases governed by specific laws (e.g., Title IX), the District and UF will work to ensure compliance.

29.1.8 Recordings

29.1.8.1

Investigators may record interviews only if the faculty member or UF may also record or will be given access to the unedited recording. Neither the faculty member nor UF may record unless the investigator also does or grants permission.

29.1.9 Closure of Investigation

29.1.9.1

If allegations are not sustained, the faculty member will be notified in writing, and nothing will be placed in the personnel file.

29.1.9.2

If allegations are sustained, the faculty member will receive a written summary stating which allegations were sustained.

29.2

Nothing in this article waives the rights of the District, UF, or faculty to request or receive information permitted under the EERA, Education Code, or other applicable law.

29.3

Other aspects of the investigatory process are governed by District policies and procedures.