San Jose, CA asked in Employment Law and Sexual Harassment for California

Q: Does an employer have to keep the results of a workplace sexual harassment investigation confidential,even after death?

The person being investigated was a teacher. A former student just wrote an article saying he sexually harassed her. The current principal says she can't release the investigation notes that were done 30 years ago because they're still confidential even though the teacher died last year.

1 Lawyer Answer
William John Light
William John Light
Answered
  • Santa Ana, CA
  • Licensed in California

A: The student's records are also private. It's not just the teacher. You can't get confidential education records, or confidential employment records, just because one of the involved parties has died. You'll need a subpoena, and probably a motion to compel and a protective order regarding handling of any records that are produced.

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