Blogs

Internal Control Tip of Week - When Do You Refer a Matter

By Thomas Canby posted 09-21-2017 22:36

  

When should a school official refer a matter to law enforcement? In all instances, this should be done after consultation with the district's attorney-on-retainer. This is important because there will be legal nuances in most instances, that lay persons who are not attorneys will not be aware of in handling serious allegations. Also, there may be an inclination for management to want to do their own comprehensive investigation before referral to law enforcement; however, this is fraught with legal pitfalls not to mention potentially inadvertently compromising an investigation by law enforcement. School officials also need to inform the Texas Education Agency of alleged issues that caused school officials to consider referral of select matters to law enforcement, in addition to informing any grantor agencies connected to any program funds that were allegedly involved. Again, school officials are advised to not act as their own attorney because the fees paid to attorneys on the front end of an issue, in many instances, will be far less than fees that will be paid on the back end of a legal conundrum. Lastly, consistency by executive management in addressing comparable issues is essential in relation to setting the tone at the top.

0 comments
284 views

Permalink