Off-Campus Staff Arrests: Your K-12 Response Guide
When news breaks that a staff member has been arrested—even for conduct outside of school and unrelated to their job—it can send shockwaves through a district. Campus Integrity Group’s founders have seen firsthand how hard it can be to manage community fears and prioritize safety, while also respecting the arrested employee’s due process and privacy rights.
These are just a few of the recent headlines we found.
And an arrest is only the beginning. What if the employee is not criminally charged and plans to return to work? What if rumors surface about on-campus misconduct? What if the allegations are tied to their professional duties? What if you can’t have the staff member return without some assurance, but the police have closed their case?
The following summary outlines the Campus Integrity Group Playbook for navigating staff arrests. We can help you adapt it to fit your district’s needs—or step in with crisis management support if your school is caught off guard by an arrest.
Step 1: Follow the Early Action Plan
School leaders should not be improvising as they respond to an employee arrest for serious misconduct. They should have a written plan that outlines the immediate decisions and notifications to be made and clearly assigns responsibility for each one.
The Early Action Plan should include guidelines and decisions relating to:
Communications with the arrested employee and law enforcement, including what info and records they can/cannot share
Emergency employment decisions such as suspension/reassignment or restricting the arrestee’s access to buildings or records
Messaging to the school community - including public statements and guidance for principals receiving questions from parents
Notifications to state licensing bodies as appropriate
When to transition from the Early Action Plan to the administrative investigation and Red Flags Check (discussed below)
State and federal laws vary significantly on how employers can use arrest (without a conviction) when making employment decisions and sharing of personnel records in emergencies, so make sure to consult with legal counsel as needed.
Step 2: Conduct an Administrative Investigation
At Campus Integrity Group, we advise schools to promptly begin an administrative investigation into alleged off-campus conduct to determine whether it violates district policies, codes of conduct, or professional standards rather than waiting for the criminal process to unfold. Why?
First, an arrest does not automatically lead to charges or a conviction. Police need probable cause to make an arrest, but prosecutors must also have sufficient admissible evidence to prove guilt beyond a reasonable doubt—a very high standard.
Second, unlike the criminal process, school administrative investigations use the preponderance of the evidence standard—whether it is more likely than not that the conduct occurred. Even if an employee is not criminally charged, the same evidence may still constitute a violation of district policy or the code of conduct.
Third, if the employee is neither charged nor resigns, schools may need a clear, documented basis to pursue disciplinary action related to the off-campus conduct.
Fourth, in our experience, news of an employee’s arrest often prompts students or colleagues to come forward with additional concerns about that employee’s on-campus behavior. Having a designated investigator helps receive and document these reports promptly.
Finally, in cases involving student safety—such as allegations of child pornography possession—schools should act immediately to identify, preserve, and review any potentially relevant evidence.
We are often asked what these investigations entail when the alleged conduct occurred outside of employment. Campus Integrity Group can help guide the process, which often involves collecting all available information and evidence from law enforcement and the arrested employee, speaking with witnesses if appropriate, and considering the results of the Red Flags Check.
Step 3: Red Flags Check
Campus Integrity Group’s founders developed the Red Flags Check while leading the nation’s only independent K–12 investigative unit focused on adult-on-student sexual misconduct. It became an indispensable resource in investigating off-campus staff arrests.
Beyond reviewing the alleged off-campus conduct, every arrest should automatically trigger a Red Flags Check, a structured process that looks inward to assess the employee’s role within the school and uncover any unreported misconduct or concerns.
A Red Flags Check is not the same as the administrative investigation into the arrest itself. Instead, it reviews personnel files, past complaints, background checks, disciplinary history, and feedback from supervisors, colleagues, and students. This process helps schools:
Uncover on-campus issues that may warrant further investigation or intervention
Provide assurance to school leaders if no on-campus misconduct is identified
Document the district’s swift and thorough response and commitment to community safety.
Step 4: Communicate Carefully
Transparency matters, but so do privacy and due process.
Internal: Notify key personnel—HR, legal counsel, principal, and school board—on a need-to-know basis. Make sure key decisionmakers know if/how your state allows employers to consider off-duty arrests.
Families/Community: Share only what you are legally able to disclose, while reassuring the community that student safety is the top priority. Encourage community members who may have relevant information for the criminal investigation or other on-campus concerns to come forward.
Law Enforcement: Maintain open communication, know what you can share without a subpoena, and coordinate to avoid interfering with the criminal investigation.
Step 5: Document and Comply
Maintain thorough documentation of every step—from the initial notice of arrest through the administrative investigation and Red Flags Check. If on-campus misconduct or potential conduct involving minors is identified, ensure full compliance with mandated reporting laws and Title IX obligations, where applicable.
Schools should also remember to notify the appropriate state licensing bodies about the employee’s arrest, as certain criminal charges can trigger an automatic suspension of their license pending the outcome of the criminal case.
Step 6: Review and Learn
Once the immediate crisis is managed, districts should take time to review policies and procedures. Are your protocols clear? Do administrators know how to respond? Have you provided training to ensure consistency and compliance? Each incident should reinforce a district’s commitment to student safety, fairness, and accountability.
Final Thoughts
A calm, coordinated, and robust response to an employee arrest protects students while safeguarding the integrity and credibility of the school community.
That’s where Campus Integrity Group comes in. Our team has unmatched expertise in helping districts manage high-risk situations. From conducting independent investigations to customizing our available Guides to suit your school’s needs, we provide the tools, training, and hands-on support school leaders need to act quickly, consistently, and defensibly.
Our 17-page easy-to-use Response Guide for Staff Arrests, available in our Marketplace, walks administrators step by step through the process. It helps gather meaningful feedback from the school community, ensuring leaders can make informed, consistent, and defensible decisions in the wake of a staff arrest.