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Briefing for Investigating Officers

Briefing for Investigating Officers. Marie Ward. Head of Student Governance 2013/2014 m.ward@ljmu.ac.uk. Scope of session. To support staff with responsibility for investigating: Student Complaints Academic Misconduct allegations Student Disciplinary issues

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Briefing for Investigating Officers

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  1. Briefing forInvestigating Officers Marie Ward. Head of Student Governance 2013/2014 m.ward@ljmu.ac.uk

  2. Scope of session To support staff with responsibility for investigating: • Student Complaints • Academic Misconduct allegations • Student Disciplinary issues • Staff grievances – same principles but different protocols

  3. Scope of session • Consideration of evidence • Interviewing complainant /witnesses • Presenting findings • Writing a report

  4. Four Key Stages • Establish scope & terms of the investigation • Collation of evidence • Analysis of evidence • Reaching conclusions / findings

  5. Student / University Contract • Student agrees to abide by regulations and be subject to relevant procedures (disciplinary / academic / complaints etc). • University agrees to ensure robust & fair proceedings (to investigate / make findings / impose penalties as appropriate). • University must follow own procedures and public law principles of natural justice.

  6. Principles of Natural Justice. Principles of fairness underpinning public law: • There are two sides to every dispute • All parties are given the opportunity to provide evidence to substantiate their version of the issue / incident • Full disclosure of any allegations and evidence will be made to those parties involved • All parties have the right to be accompanied by a ‘friend’ at each stage of the procedure. • All parties have the right to an unbiased & fair consideration of the matter.

  7. Scope & terms of the investigation • What is the nature of the investigation? • Identify those involved • Which procedures are being followed? • Complaint against: • Student • Staff • Service • Disciplinary Investigation • Academic Misconduct .

  8. Collate evidence Documentary evidence: • Emails • Facebook • Letters • Programme / Module Handbooks • CCTV • Other Determine who to interview and in what context: • As witness or complainant • Notes / witness statements

  9. Not a criminal investigation!! University has no authority to: Enter private property or conduct searches Compel individuals to attend interview or hearing

  10. Conducting Interviews Ensure that the interviewee is aware: • Of the proceedings being followed (HR, SG, complaint, discipline etc) • Of their role in the investigation ( complainant / witness) • That full disclosure of allegations & evidence will be made to relevant parties (including interview summaries / witness statements) • That information will normally remain confidential to the investigation (but cannot be guaranteed - the matter may be escalated to external third party - OIA or Court for example) • Record of the interview – not verbatim

  11. Evaluating Evidence • Relevance • Credibility • Weight • Hearsay

  12. Analysing the Evidence • Be objective • Challenge inconsistencies • To what extent does the evidence support the allegations? • Is the evidence relevant / hearsay /third party /prejudicial? • If conflicting evidence, which is more credible and why

  13. Conclusions / findings Standard of proof is civil standard • reasonable belief - balance of probabilities based on the evidence. Not criminal standard of beyond reasonable doubt but: • Seriousness of the allegation / potential consequences - weight of evidence The basis for the final decision / recommendation should be clear and explicit.

  14. Writing the report Introduction • Substance of complaint / allegation(s) • Under which procedure Summary of investigation process • Evidence • Who was interviewed and why • Cross reference evidence / documentation Outcome of investigation • Upheld / Upheld in part / Not upheld • Why? • Address all aspects of the matter as summarised in the introduction

  15. Also include in the report • Further action • Recommendations • Good practice • Feedback

  16. Process Risks The outcome of the investigation may be challenged via appeals / OIA / judicial review • Inadequate collection / poor presentation of evidence • Failure to follow due process • Process or outcome is unfair or unreasonable • Unreasonable delay • Witnesses unavailable • Too long after the incident • Memories fading • Impeding academic progress • Financial loss

  17. Institutional risks Badly managed cases can be more easily (and successfully) challenged • Reputational damage • May attract public / press attention • Financial costs • Balance between duty of care to students and possible risks to university in context of employer • Staff relationships / performance

  18. Questions?

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