Also, consider whether student advocates and other representatives should be allowed in the process. It is a good idea to provide both the alleged victim and harasser with a written statement of procedural rights. Harassment investigations should be conducted in a manner consistent with applicable due process rights of the alleged perpetrator under the United States Constitution as well as other protections afforded by state laws, collective bargaining agreements, and institutional policies, such as staff and student handbooks. However, schools should ensure that steps to accord due process rights do not restrict or unnecessarily delay adequate relief to the complainant or injured party. Make clear that personal information regarding the complainant, the alleged harasser and the witnesses will be protected from disclosure to the extent permitted by the investigative process and the nature of the complaint.
Privacy laws preclude a school from releasing certain personal information about students.
It will be helpful to designate time frames for the major stages of the complaint process. The district's procedure might designate a short time frame and allow extensions in exceptional cases with the approval of the superintendent. Policies should require that the school determine whether the alleged acts of harassment occurred and whether that conduct constitutes a violation of the district's policy. Making and recording findings as to whether unlawful harassment occurred is critical whenever a formal complaint is filed. In this way, the complainant and the district are assured that the matter was fully investigated and that careful deliberations occurred.