On Nov. 2, a Folsom Middle school student was seriously injured by another student during a class field trip. This incident occurred when a student intentionally pushed another student into a chain link fence, and the injured student struck a metal pole. Disciplinary action was taken in response to the incident.
During its initial reviews of the matter, the District received additional allegations that the incident might have been racially motivated or part of a pattern of bullying of the injured student by the other.
After receiving these allegations, the District ordered an independent, outside investigation. The purpose of the investigation was to allow a neutral third party to gather facts so the District could determine whether any additional measures were appropriate.
In an effort to protect the privacy and emotional well-being of the children involved, while also meeting our obligation to be transparent with our families and taxpayers, the District has compiled, below, answers to common questions and a summary of findings by the third-party investigator.
How was the investigation conducted?
On Dec. 5, 2018, the District selected outside investigative firm Van Dermyden Maddux because of its experience conducting complicated investigations related to discrimination and campus safety.
Between Dec. 5, 2018 and Jan. 9, 2019, the investigator conducted 24 in-person interviews. Those interviewed included the injured student; the student who injured the other student; each student's parent/guardian; a teacher; school and District administrators; and 14 students who attended the Nov. 2 field trip. The only students who were not interviewed were those whose parents did not return consent forms.
Prior disciplinary and other school records also were reviewed.
What is the District's response to the investigation?
The District believes the following actions are necessary based on the findings of the third-party investigation:
- District policies will be revised so that any time a student causes serious physical injury to another person, the matter will be reviewed by the Superintendent or an Assistant Superintendent to determine whether an expulsion hearing is warranted. (Current policies give school administrators discretion in whether to recommend an expulsion hearing.)
- Note: An expulsion hearing does not guarantee expulsion as a consequence but, rather, ensures due process and that all facts are considered before determining whether expulsion is an appropriate consequence.
- The school should have referred this matter to the District immediately upon learning that a student had suffered serious physical injury. However, the District's written policies need to be revised to reflect that expectation for all school administrators.
- We will re-examine and update our field trip supervision and safety protocols and review with our school administrators.
What are the investigation's findings?
The investigator made the following findings based on the evidence gathered:
- The conduct of the student who pushed the injured student violated the District's student conduct policy which prohibits physical violence;
- The conduct of the student who pushed the injured student did not violate the District's student conduct policies prohibiting bullying;
- The conduct of the student who pushed the injured student was not racially motivated.
How much did the investigation cost?
$33,772.
Why isn't the District releasing the full report?
The District believes that doing so - even with extensive redactions to the document - could threaten the legal right to privacy for the young children who provided interviews for this investigation. All of the children interviewed were, at the time of the incident, in the same class together, and readers may easily be able to identify each student by reading the witness statements or other investigative details.
How did the District ensure neutrality of the independent investigator?
Folsom Cordova allowed the third-party investigator full discretion to conduct the review as he deemed necessary. The investigator was given complete access to all requested witnesses and documents, and the District did not interfere with, or attempt to influence, the investigator's findings.
