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Ministry of Education New Zealand
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A principal or a staff member should look into an incident and ask:

  • what happened?
  • how serious was it?
  • what needs to be done about it?

There is no set process, though the principles of natural justice apply.

You can use the following as a guide.

Act fairly#

Principals and staff members should avoid acting in ways that could be perceived as heavy-handed or oppressive. In some circumstances, it might be necessary to involve a parent or another suitable adult in the interests of fairness (though this will not normally be necessary). Even if the principal or a staff member has no intent to act in such a way, claims of this nature can distract everyone from resolving the issues at hand.

Involve the student#

The person investigating should put the facts as they understand them to the student and record the response.

  • The student should be invited to comment on all the facts.
  • The student has the right to be heard. This is a requirement of natural justice.
    • The student might admit responsibility or involvement in an incident.
    • The student might deny responsibility or involvement. Any denial should be fairly considered. Principals and staff members have the discretion to believe whether or not they are plausible.
Tip

Silence does not stop a staff member from forming a view about what happened and drawing inferences from what is known about an incident.

If a staff member draws inferences, these should be put to the student for comment.

Resolve major disputes and uncertainties if possible#

An investigation must be fair and thorough. 

  • The principal will base their decision on the evidence
  •  The principal must have confidence in that evidence before standing down or suspending (and cannot suspend on suspicion and leave the matter to the board to resolve). Errors at this stage might mean any decision by the principal is challenged.
  • Staff members should try their best to come to a view regarding any significant disputes or uncertainties. If it is not possible to come to a view it will be important to record this so that the principal can take this into account when making any decision.

Summary#

You will ideally be able to answer at least one of these questions with a “yes” before a decision to stand down or suspend is considered.

  • Was the student caught in the act?
  • Was the incident seen by someone you think is credible?
  • Was the student implicated by other significant circumstantial evidence?
  • Did the student freely admit involvement or responsibility?
Important

Documentation must be complete and accurate. Documenting the incident and investigation confirms the integrity of the process you have undertaken and can help protect against potential legal challenges to your process.

Incident report template#

Principals or staff members might wish to use the incident report template to document the investigation.