Getting Investigation Right

Last week our SLT were involved in a PLD session with our local NZSTA legal mastermind around the topic of getting investigations right! 

Investigation - getting it right - conduct issues

This focussed on two main issues 

1- Investigation itself

2- Challenging conversation

The first message was 'Park the back story' - need to put prior knowledge aside - this is for conduct not competency. Unless it has been documented or disciplinary action carried out before.

Principals of Natural Justice

- every case has shades of grey

- Inexplicable can become explicable -

- Everybody deserves an opportunity to be heard

Conduct Issues Process

- act fairly towards people who have been affected by your decisions

- This is the process of natural justice

- If there’s an complaint; you need to get all the info before you present to the staff member

- any verbal communication should be followed up in email

Natural Justice

- give info - no surprise

- Give opportunity - been heard

- Demonstrate independence - open mind - have to be able to demonstrate - watch language used -make sure that your language does not suggest predetermination

- Give reasons - details must be given as to why ...

- Give notice - prelim decision needs at BOT level

PEEPO - chart - factors that contribute to the event

- people

- Environment

- Equipment

- Procedures

- Organisation

Focussing on people only leads to blame - this is often what we default to - but can lead to a culture of blames and lack of openness.

Investigation Interviews

- get the statement signed off

- Open ended questions about state of mind - tell me what happened? Tell me about it?

- Just gathering info - always let them know the 3 possibilities

- Don’t talk about allegation until the investigation meeting

Fishhooks

- what if complainants want to be anonymous - cannot take disciplinary action if anonymous complaint

- anonymous complaints not followed up

- How does this affect learning relationship - maybe get general feedback

- be careful about professional comments in any comments

- suspension - avoid - discretionary leave - alternative duties

- interview complainant first, then witnesses

- keep everyone informed