The Investigative Process
The Investigative Process - Information about the screening, assessment and investigative process.
MDE and local law enforcement are responsible for assessing and investigating reports and are required to cross-report information to each other.
After receiving a report, MDE’s team of investigators will do an initial screening to determine if the alleged offense meets the definition of maltreatment. If a case is opened, MDE will cross-report to law enforcement immediately and either defer the investigation to police, work cooperatively with the police and the school on the investigation, or conduct its own investigation.
Investigators must be given access to related school records when it is needed for maltreatment investigations. The state’s Data Practices Act mandates that schools provide such information when allegations of maltreatment are being assessed.
After a case has been investigated, MDE will issue a determination of whether maltreatment took place including all findings of fact about the incident. If maltreatment is determined, the determination and findings must be provided to the reported victim, the alleged offender, the principal, the local school board, and the appropriate licensing agency if the employee is a licensed professional. However, licensing boards such as the Board of Teaching are not bound in any way by MDE’s decision.
School districts are prohibited from retaliating against an employee who reports allegations of maltreatment. People who make reports cannot be punished by demotion, suspension or change in assignment. Reporters must have their identity protected, and they are granted civil and criminal immunity based on good faith reports.
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