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External Investigations of Cybermisconduct in Schools


A credible student admits to sexting with a school employee.  A parent accuses her child’s classmates of online bullying.  Data in the student information system appears to have been altered.  A filter alerts school administrators that an employee has accessed an inappropriate website.

Such incidents are all too common and should undoubtedly be investigated without delay.  While school administrators are often tasked with investigating a variety of personnel and student matters, it may be in the best interest of the educational institution and community to retain an external investigator and forensic computer expert to investigate certain incidents of alleged cybermisconduct.  This is especially the case if the allegations could lead to, for example, an employee termination, student expulsion, criminal prosecution and/or civil proceedings.

After gathering the basic facts associated with a complaint or report of cybermisconduct, it is crucial that the educational institution determine who will be responsible for investigating the matter further.  Does the institution have sufficient resources (e.g., time, money and technical expertise) to conduct the investigation on its own?  How sensitive is the matter?  If the allegations are substantiated, what are the possible outcomes?  Is litigation likely?  Is this worthy of media coverage?

In short, if the stakes are high, then the educational institution should seriously consider retaining an outside investigator and forensic expert who will work together to ask the right questions and find relevant evidence.  While it may be tempting to forego the external investigator and focus solely on the technical evidence, most technology incidents require a close examination of evidence from both witnesses and computers.  Moreover, because today’s technology devices contain so much data, it is crucial that the investigator define the scope of the investigation and provide information and realistic parameters for locating relevant evidence.

While an external investigation may cost more at the outset than an investigation conducted by an administrator and IT, the benefits often far outweigh the cost.  For instance, evidence preserved and collected by an experienced and qualified investigator and expert may ultimately cost less, as the investigation will likely withstand greater scrutiny if challenged.

When the allegations involve severe and/or sensitive misconduct, an external investigation will also demonstrate that the educational institution took the allegations seriously and did all that it could to address the misconduct.  Such benefits associated with initiating an external investigation and retaining a forensic computer expert just may prove to be invaluable.

Penelope Glover is a Senior Associate with Atkinson, Andelson, Loya, Ruud & Romo.  She is a member of the firm’s Education Law Practice Group and the leader of the Education Law Technology Group.  Ms. Glover represents public school districts, county offices of education, community colleges, and universities throughout California in the areas of technology, human resources, and student discipline.

Categories: Legal Issues

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