HR Badge #14: Investigations and Discipline: Advanced Investigations-HR Badge #14

Video Transcription

Video Summary

This advanced HR investigations module (Badge 14) covers what happens after discipline is issued and walks through complex investigation scenarios. Attorney Garrett Williams explains that discipline must be monitored and enforced; otherwise future progressive discipline can be undermined. For classified staff, discipline should be reflected in evaluations, while for certificated staff references in evaluations should be used strategically to avoid framing misconduct as a teaching deficiency. He also highlights collective bargaining agreement (CBA) “purge” provisions: districts may need to remove investigatory documents from investigative files while still retaining records elsewhere to meet public records and retention requirements.<br /><br />The training outlines key challenge routes after discipline: statutory appeals (including RCW 28A.405.300 hearings for certificated suspensions/discharges, with discovery, depositions, and rules of evidence), RCW 28A.645.010 appeals (rare but risky), and grievance/arbitration processes (just cause burden on the district; arbitration is typically final and lacks discovery). Williams also reviews parallel claims such as unfair labor practices (PERC) and discrimination complaints (EEOC/Washington Human Rights Commission), emphasizing that employees can pursue multiple venues.<br /><br />Three hypotheticals reinforce strategy: (1) suspected sick leave abuse supported by social media evidence—focus on misconduct, not protected speech, and follow CBA timelines; lying during an investigation can be separately disciplined. (2) A teacher’s off-duty DUI—apply the Clark test and Hoagland factors (community impact, media, student trust), and consider last-chance agreements. (3) boundary-invasion/grooming concerns—parent consent doesn’t negate boundary violations; outside investigation, documentation, administrative leave, and often resignation agreements are advised.

Keywords

HR investigations

post-discipline monitoring

progressive discipline enforcement

collective bargaining agreement purge provisions

RCW 28A.405.300 hearing

RCW 28A.645.010 appeal

grievance and arbitration just cause

PERC unfair labor practice

EEOC and Washington Human Rights Commission complaints

educator misconduct scenarios (sick leave abuse, off-duty DUI, grooming/boundary violations)