Investigation Process Clause Samples
The Investigation Process clause outlines the procedures and steps to be followed when an issue, complaint, or potential breach arises under the agreement. Typically, it details how investigations are initiated, who is responsible for conducting them, the timelines involved, and the rights of the parties to participate or be informed. For example, it may require that all relevant evidence be collected and reviewed impartially, and that findings are documented and communicated to affected parties. The core function of this clause is to ensure that any concerns are addressed systematically and fairly, thereby promoting transparency and accountability in resolving disputes or compliance matters.
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Investigation Process. A. The Employer has the authority to determine the method of conducting investigations, subject to the just cause standard.
B. At the time the Appointing Authority assigns an investigator, an employee who is the subject of an investigation will be informed of the nature of the alleged misconduct unless it would compromise the integrity of the investigation.
C. When the Department (or a consultant hired by the Department) interviews an employee and documents the conversation, the employee will review their statement and submit corrections (if any) to the investigator. The employee will sign the statement to acknowledge its accuracy when no corrections are necessary or when the investigator revises the statement and accepts the employee’s corrections. Investigations will be completed in a timely manner.
D. Except in cases involving alleged criminal activity, the employee may contact Human Resources and will receive a progress report and the expected date that the investigation will be completed every thirty (30) days from the date the employee was notified of the investigation. The progress report will provide information specific to the investigation such as next steps and approximate timeframe for completion. However, when the employee is temporarily reassigned from their bid post pending the outcome of the investigation, the Appointing Authority will provide the employee with a progress report every thirty (30) days from the date of reassignment.
E. A traditional element of just cause requires discipline to be imposed in a timely manner balancing the need for thorough investigations. Except for conditions outlined below, investigations will be completed no later than six (6) calendar months from the date an employee is notified they are the subject of an investigation. However, the employer may extend the investigation to a maximum of twelve (12) calendar months provided the Employer gives written notice to the Union and the employee explaining the reason for the extension. The time limits provided in this section shall not apply when one (1) of the following occurs:
1. The employee is unavailable or incapacitated;
2. The Union or employee waives the timelines in writing;
3. The investigation is conducted by an outside law enforcement Agency;
4. The investigation involves a criminal matter; or
5. The investigation requires coordination with another outside Agency or entity;
F. The Appointing Authority determines when an investigation is complete. At the c...
Investigation Process. The College has the authority to determine the method of conducting investigations. An investigation may be conducted by an administrator or independent third party, as determined appropriate by the Human Resources Office. All administrators conducting such internal investigations shall have received training in standard investigative procedures.
Investigation Process. All allegations of possible student violations of the activities code will be investigated. The student’s current coach or advisor, with the assistance of the principal/athletic director, will conduct the investigation. The coach, advisor, and principal/athletic director may use whatever investigative techniques they deem necessary to obtain the facts, so long as they are fair, reasonable, follow due process, and are in compliance with the state and federal laws. The student will be presented with the allegations and given an opportunity to provide a response. If the accused student admits to the violation or if the facts obtained through the investigation cause the principal to conclude that the violation did occur, the student will be given the appropriate penalties. The student and the student’s parents will be provided with all of the facts that lead to the decision.
Investigation Process. Steps in the investigation of a complaint shall include the following procedure:
Investigation Process. If the Employer is informed of potential misconduct(s) and/or violation(s), the Employer with the Human Resources Department, will proceed with the investigatory process which will include the following steps except if 9.3.7 is applicable:
9.3.1 Upon the Employer’s being notified of a potential violation and/or misconduct, the Employer has the right to conduct an investigation to ascertain facts. The Employer has the right to decide not to conduct a formal investigation if the likelihood of disciplinary action would result in a verbal or written reprimand for a minor violation.
9.3.2 The Employer will immediately notify the Human Resources Director of the existence of a potential violation and/or misconduct.
9.3.3 The Human Resources Director may conduct the investigation or may designate other person(s) to conduct the investigation. Other person(s) would include, but not be limited to, another management person, a consultant, a member of law enforcement, an attorney, or other individuals.
9.3.4 The investigator will interview witnesses, research written information and compile the facts about the alleged violation and/or misconduct. The interviews may be recorded, video recorded or the information obtained may be in the form of written statements as well as report(s).
9.3.5 After interviewing witnesses other than the subject employee, the subject employee will be interviewed. The employee will be provided a written summary of the information derived from the interviews with other witnesses prior to or at the employee’s interview. The investigator will instruct the employee to fully cooperate and answer all questions truthfully. The employee will be entitled to have an Association representative present during the interview. The Association representative shall not answer questions for the employee but may seek clarification of questions during the interview process. The Association representative has the right to meet alone with the employee during the interview process.
9.3.6 Upon conclusion of the interviews and review of the facts, the Employer and Human Resources Director may proceed with discipline if this would involve a verbal or written reprimand. If the discipline could result in a suspension without pay or termination then the provisions of section 9.4 will be followed pertaining to a pre‐determination (▇▇▇▇▇▇▇▇▇▇) meeting.
9.3.7 If the Employer determines early in the investigatory process that there is no merit to continuing, the Employer can ...
Investigation Process. 4.1 When informed of a complaint, Human Re- sources shall work to resolve the complaint as quickly as possible through one of two ways: ■ A meeting or discussion between the com- plainant and the respondent, if both parties feel comfortable with that approach and an immediate resolution can be agreed upon; or ■ A meeting or discussion between the com- plainant and the respondent with a Human Resources representative present to medi- ate and facilitate the discussion and work towards a resolution. If either the complain- ant or the respondent requests, the Commit- teeperson or the Union’s National Repre- sentative shall be present.
Investigation Process. All investigations must be initiated within five (5) days from the date the notification is given to the teacher. The investigation must be conducted and completed within thirty (30) days. After the investigation has been completed, the administration will schedule a meeting within ten (10) days to share in writing all results of the investigation with the teacher. If the teacher is being represented by the Classroom Teachers’ Association (CTA), the CTA will be given a copy of the investigation results. In the event an extraordinary unforeseen circumstance(s) may cause a delay in the investigation, the administration and CTA will meet to extend the investigation deadline. Failure to comply with the thirty (30)-day investigatory requirement and the ten (10)-day result of investigation meeting (results in writing) will result in the complaint being declared null and void. Unfounded complaints will not be placed in the teacher’s personnel file.
Investigation Process. 33.3.1 The union delegate will be present unless specifically requested otherwise by the employee. The delegate and the individual will be advised of the facts of the matter being investigated.
33.3.2 The union delegate and the individual will be allowed time to discuss the issue prior to further discussion with management.
33.3.3 Any record of the meeting must be agreed by the delegate, the individual and Site Senior Management. Any disagreed matter should be recorded separately.
33.3.4 If a result of the initial investigation an employee is to be suspended or terminated, a letter outlining the reason for suspension or termination will be given to the employee and a copy sent to the Union.
33.3.5 The Union will respond within 48 hours (where possible) to set a meeting date to review the matter.
33.3.6 In accordance with the Disputes Procedure the "status quo" will remain during the investigation process and termination will not take place. This does not effect the company’s right to suspend the employee during the investigation period. If the matter is still in dispute following the review it is open to either of the parties to notify NSWIRC.
Investigation Process.
A. The Employer has the authority to determine the method of conducting investigations, subject to the just cause standard.
B. An employee who is the subject of a formal investigation will be informed of the nature of the alleged misconduct unless it would compromise the integrity of the investigation.
C. When the Department (or a consultant hired by the Department) interviews an employee and documents the conversation, the employee will review his or her statement and submit corrections (if any) to the investigator. The employee will sign the statement to acknowledge its accuracy when no corrections are necessary or when the investigator revises the statement and accepts the employee’s corrections. Investigations will be completed in a timely manner. D Except in cases involving alleged criminal activity, the employee may contact Human Resources and will receive a progress report and the expected date that the investigation will be completed every thirty (30) days. However, when the employee is temporarily reassigned from his/her bid post pending the outcome of the investigation, the Appointing Authority will provide the employee with a progress report every thirty (30) days from the date of reassignment. E DOC Headquarters will grant written authorization to extend the time frame beyond ninety (90) days, and a copy of such authorization will be provided to the employee and the Union. F At the conclusion of the investigation, an employee who is the subject of an investigation will be informed of the findings in writing and receive, at employee request, one (1) free copy of the investigation through Public Disclosure unless a copy is provided in accordance with Article 8.7. The copy will be redacted as required by applicable law.
Investigation Process. Steps in the investigation of a complaint shall include the following procedure:
(a) Interview the complainant;
(b) Interview the alleged offender;
(c) Interview any witnesses;
(d) Document the situation accurately and completely;
(e) Decide if the complainant has grounds;
(f) Follow the most appropriate process to resolve the complaint which may include one or more of the following measures:
(i) counselling one or both parties to attempt to conciliate and arrive at a solution to the problem;
(ii) review the complaint with the next level of supervisors.
(g) Follow up to ensure corrective action is taken;
(h) Prepare a summary report upon completion of the investigation.