Investigations – Use of Professional Services

Ron Nocetti Associate Executive Director

California Interscholastic Federation

California 1.9 Million H.S. Students

1,554 Member H.S.

Athletic Student Participation 787,984

Student Transfers 14,736

1.87%

2011-2012 Hardships

2012-2013 Hardships

2013-2014 Hardships

2014-2015 Hardships

821/171 785/99 519/60 452/30

2011-2012 Appeals

Sus/Over

2012-2013 Appeals

Sus/Over

2013-2014 Appeals

Sus/Over

2014-2015 Appeals

Sus/Over 69/35 34/15 44/11 36/9

2011-2012 Undue Influ

2012-2013 Undue Influ

2013-2014 Undue Influ

2014-2015 Undue Influ

84 87 71 82

See You In Court

Reasons for a Professional

• Schools have conflicting residence statements

• Former school believes that information provided by parents is false and provides documentation

• Sibling of student does not attend new school

• Property records show dual home ownership/ not at new address

• The address does NOT show up on google maps

• Documents provided appear to be fraudulent

• Credible information from credible source (NOT Internet blogs)

• Students/parents at new school provide information family is not living at address

What the Professional Does Simultaneous - Multiple Days

• Surveillance of “OLD” Residence

• Document arrival/departures - Identify individuals using social media

• Research real estate and DMV records

• Surveillance of “NEW” Residence

• Document arrival/departures - Identify individuals using social media

• Research real estate and DMV records

What the Professional Does

• Draw conclusions based upon observations and research

• Submit written report to General Counsel and Executive Director

• Be available to testify at “appeal” hearing

• Be Available to testify in

court

Selecting an Investigative Service

• Bonded • Insured • Have they worked with

school districts before?

• Contract for Service – Specific service you want – Costs/Terms – Hold Harmless Clause

• Interview the Leader – Ethics – How do they investigate – Sample Report

Do background check – What is their reputation?

A.B. 1101 – Susan Bonilla

• Residency Requirements/Investigations – Require school districts to develop policies

regarding investigations – Develop criteria for when investigation is

warranted – Describe investigatory methods – State if a private investigator will be used – No surreptitious photos of students – Provide an appeal process

Sample Cases

• Undue Influence – Use of a professional investigator allowed one of

our sections to gather enough evidence to not only uphold their ruling but also collect back attorney’s fees

• Residency – Established that student was not living at address

indicated on enrollment records – Established that family was telling the truth

D R . C R A I G P E R R Y M I N N E S O T A S T A T E H I G H S C H O O L L E A G U E

N F H S S U M M E R M E E T I N G 2 0 1 5

Investigations and Enforcement: How to Structure Compliance Initiatives

Reference Documents

Conducting Investigations article Investigation and Fair Hearing General Information MSHSL Investigation Check List MSHSL Eligibility Brochure and Statement

Working with Member Schools

League role to help athletic administrators conduct an investigation at the school level

Provide the tools Proper process Questioning strategies Expect the unexpected—be prepared

Assist with determination process

MSHSL Eligibility Review Process

Step 1: Investigation conducted by school administrator

Step 2: Family accepts decision with no further action or requests School level hearing

Step 3: Family accepts local level decision or requests hearing at League level

Step 4: League grants or denies request for League level hearing

Hearings

School Level Parents must request hearing in writing Conducted by a 3-5 member hearing panel or independent

hearing officer

League Level Conducted by retired judges National Academy of Arbitrators

The Essential Steps

Gather the information Visit with the student Ask the proper questions Is this you holding the beer? Is this you holding the beer can?

Always end with: “Is there anything else you would like to say?”

Make a determination and notify student/parents

Conducting Investigations article 10 steps provide more clarity

MSHSL Investigation Checklist Again, more clarity—more specific

Working with Multiple Truths

In every investigation there are only truths Which truth is more likely to be “The” truth New day—new version of the truth Ask the parents which truth to accept Upon further review My parents and legal counsel have advised me not to respond

to your questions.

Eligibility Statement: Signed Acknowledgement

2015--2016 MSHSL ELIGIBILITY BROCHURE

Students: Your participation in high school activities is dependent on your eligibility. PROTECT that eligibility by reviewing with your parent(s)/guardian(s) this summary of Minnesota State High School League rules which govern your participation. Complete regulations are found in the MSHSL Official Handbook which is available at each member high school and which is also posted on the MSHSL Web site: www.mshsl.org. Please keep this brochure for reference, and if there is a question about any rule interpretation, CONTACT YOUR SCHOOL PRINCIPAL OR ATHLETIC/ACTIVITIES DIRECTOR. I understand I must sign the current eligibility statement prior to participation each school year. I understand that once I sign the eligibility statement all eligibility rules apply: Twelve (12) months of the year; Whether I am currently participating or not; Continuously from the first signing of the statement.

Parents/Guardians: REVIEW the following rules with your son or daughter. Your role in stressing the value of following these rules cannot be overstated. General Student Eligibility Checklist (must be completed by all students) (If you cannot check all 8 items, see your athletic/activities director or principal) _____ 1. Making academic progress toward graduation. _____ 2. Will not have turned 21 before the start of the season in which I participate. _____ 3. Have not dropped out of school or repeated a grade while in high school. _____ 4. Have not and will not use or possess tobacco or alcoholic beverages, use, consume, have in posession, buy, sell or give away any other

controlled substance, including steroids, or drug paraphenalia. _____ 5. Have not and will not violate the racial/religious/sexual harassment/violence/and hazing bylaws of the MSHSL. _____ 6. I agree to fully cooperate in any investigation honestly and truthfully. _____ 7. Regardless of my age I agree to follow all of the MSHSL Byalws in order to be eligible to represent my school in League-sponsored

activities. _____ 8. Both the student and parent have reviewed the concussion management information contained in the Eligibility Brochure and

found on the following website: www.cdc.gov/concussion. Athletic Eligibility Checklist (must be completed by all athletes) (If you cannot check all 5 items, see your athletic/activities director or principal) _____ 1. Physical exam within the last three (3) years on file with the school. _____ 2. Have not transferred schools. _____ 3. Will not participate in more than six (6) seasons in any sport in grades 7-12. _____ 4. Have not accepted cash in any amount or merchandise valued at more than $100 for participating in a sport. _____ 5. Have not and will not compete in non-school events in my sport after reporting for the school team.

2015--2016

MSHSL Eligibility Brochure

Students: Your participation in high school activities is dependent on your eligibility. PROTECT that eligibility by reviewing with your parent(s)/guardian(s) this summary of Minnesota State High School League rules which govern your participation. Complete regulations are found in the MSHSL Official Handbook which is available at each member high school and which is also posted on the MSHSL Web site: www.mshsl.org. Please keep this brochure for reference, and if there is a question about any rule interpretation, CONTACT YOUR SCHOOL PRINCIPAL OR ATHLETIC/ACTIVITIES DIRECTOR.

I understand I must sign the current eligibility statement prior to participation each school year.

I understand that once I sign the eligibility statement all eligibility rules apply:

· Twelve (12) months of the year;

· Whether I am currently participating or not;

· Continuously from the first signing of the statement.

Parents/Guardians: REVIEW the following rules with your son or daughter. Your role in stressing the value of following these rules cannot be overstated.

General Student Eligibility Checklist (must be completed by all students) (If you cannot check all 8 items, see your athletic/activities director or principal)

1.Making academic progress toward graduation.

2.Will not have turned 21 before the start of the season in which I participate.

3.Have not dropped out of school or repeated a grade while in high school.

4.Have not and will not use or possess tobacco or alcoholic beverages, use, consume, have in posession, buy, sell or give away any other controlled substance, including steroids, or drug paraphenalia.

5.Have not and will not violate the racial/religious/sexual harassment/violence/and hazing bylaws of the MSHSL.

6.I agree to fully cooperate in any investigation honestly and truthfully.

7.Regardless of my age I agree to follow all of the MSHSL Byalws in order to be eligible to represent my school in League-sponsored activities.

8.Both the student and parent have reviewed the concussion management information contained in the Eligibility Brochure and found on the following website: www.cdc.gov/concussion.

Athletic Eligibility Checklist (must be completed by all athletes) (If you cannot check all 5 items, see your athletic/activities director or principal)

1.Physical exam within the last three (3) years on file with the school.

2.Have not transferred schools.

3.Will not participate in more than six (6) seasons in any sport in grades 7-12.

4.Have not accepted cash in any amount or merchandise valued at more than $100 for participating in a sport.

5.Have not and will not compete in non-school events in my sport after reporting for the school team.

By signing this we acknowledge that we have read the information contained in the 2015-2016 MSHSL Eligibility Brochure and Statement.

I/we acknowledge the electronic signature confirms I/we have read and reviewed the information contained in the

contents of the Eligibility Brochure and Statement. I/we also acknowledge this electronic signature has the same legal effect, validity, and enforceability as a signature in a non-electronic form.

The student/parent authorizes the release of documents and other pertinent information by the school in order to

determine student eligibility. In addition, the student/parent understands and agrees that public information shall include names and pictures of students participating in or attending extra-curricular activities, school events, and

High School League activities or events.

Student’s Printed Name Birth Date Grade in School

Student’s Signature Date

Parent’s or Guardian’s Signature Date

Revised 4/23/15

The Questions

Ask the proper questions Is this you holding the beer? Is this you holding the beer can?

Don’t be afraid to interview the student a 2nd or 3rd time Repeating the truth is easy Repeating the fabrication not so easy

Common Mistakes

No student interview Failure to inform Failure to follow established timelines or indicate the

need for more time Proper follow up Phone call to parent Written Determination Let’s wait to see what happens in court

Finally

From the Department of You Can’t Make This Stuff Up The prolonged birthday gift The good Samaritan anti-litter bug or “Is that a light case of

beer or is that a case of light beer” The Double Reverse and Triple Truths

Mine, not mine, mine Which one do you want me to believe?

C P E R R Y @ M S H S L . O R G

Contact Information

Workshop #27 - NocettiInvestigations – Use of Professional ServicesSlide Number 2Slide Number 3Reasons for a Professional What the Professional Does�Simultaneous - Multiple DaysWhat the Professional Does�Selecting an Investigative ServiceA.B. 1101 – Susan BonillaSample Cases

Workshop #27 - PerryInvestigations and Enforcement: �How to Structure Compliance InitiativesReference DocumentsWorking with Member SchoolsMSHSL Eligibility Review ProcessHearingsThe Essential StepsSlide Number 7Working with Multiple TruthsSlide Number 9Slide Number 10The QuestionsCommon MistakesFinallyContact Information