The Buffalo School Board has recently been the focus of public attention following allegations of sexual harassment involving one of its members and the manner in which the allegations were addressed.
As part of The Buffalo News’ ongoing coverage of the matter, reporter Ben Tsujimoto interviewed Buffalo attorney Barry Covert, to provide legal analysis on how allegations of sexual harassment may be handled within an entity such as the Buffalo School Board.
As Barry Covert’s interview with The Buffalo News suggests, the recent situation with the Buffalo School Board raises important legal issues concerning workplace investigations, confidentiality, governance, due process, and conflicts of interest.
Confidentiality and Transparency
One of the legal issues discussed in the article was how public entities should balance transparency with the need to protect the integrity of a workplace investigation. Attorney Barry Covert explained that organizations investigating allegations of workplace sexual harassment often face competing legal obligations, asking, “How do you maintain the confidentiality, but still assure the other employees, the other board members, the public and the media that you are following the procedures appropriately?” He noted that confidentiality serves an important purpose because, “If you don’t maintain confidentiality … what we’ve learned is that complainants just won’t come forward.”
Who Should Have Access to the Investigation?
The Buffalo News’ article also addressed whether every member of the Buffalo School Board should have been informed of the allegations while the investigation remained pending. Barry Covert explained that sensitive workplace investigations are typically handled by a limited group of decision-makers rather than shared with an entire governing body. As he told The Buffalo News, “The fact that the other board members are complaining that they don’t have details, they should not have the details. They really should just be handled discreetly by the executive committee.”
Due Process and the Rights of the Accused
Another topic discussed in the interview was whether an individual accused of misconduct should automatically have his or her official duties restricted while allegations are investigated. Barry Covert explained that allegations alone generally do not justify removing someone from office or significantly limiting official responsibilities. He noted that he would not expect the accused board member’s access to be restricted “unless there’s some real bad accusations of predatory conduct,” emphasizing the importance of allowing the investigative process to unfold while respecting due process.
Independence, Recusal, and Conflicts of Interest
Barry Covert also discussed the importance of maintaining the independence and credibility of workplace investigations. He explained that an individual accused of misconduct should not participate in selecting outside investigators or in discussions concerning the allegations, observing that it would be concerning if the accused board member failed to recuse himself from those decisions. He further noted that the accused individual should be separated from the complainants while the investigation is pending.
The Buffalo News article also explored whether campaign contributions to a board member from an attorney at the law firm conducting the investigation created a conflict of interest. Barry Covert explained that, standing alone, such contributions are “traditionally not enough to get you conflicted off of a matter,” noting that campaign contributions by attorneys are common and do not automatically establish a legal conflict.
Best Practices for Public Entity Investigations
Looking beyond the specific facts of the case, Barry Covert also discussed how public entities can strengthen confidence in workplace investigations. He explained that, in circumstances like these, he would generally expect an organization’s Human Resources or legal department to conduct an internal review while an independent third party performs a separate investigation. That approach can help ensure a thorough review while promoting both accountability and public confidence in the process.
More Information
If you have additional questions or would like any further legal information regarding matters discussed in this interview with The Buffalo News, click here to contact attorney Barry Covert.
