Conference Agenda Oct 2021 PRINT - Flipbook - Page 50
should be no later than three calendar months
from the receipt of the complaint by the
Complaints Manager”, and replace with “The
date should be no later than one month from
completion of the Investigation Report”, so that
it reads:“The date should be no later than one
month from completion of the Investigation
Report. The Complaints Manager will send
at least three weeks’ prior notification of the
date, time and place of the meeting to the
Complainant and the Respondent.”
5.3 The Respondent will be invited to submit a written
response to the report to the Complaints Manager
by 5pm three working days before the date on which
the Committee meets to consider the complaint. This
written response can be in email form.
A10 proposed change: Insert “Both the
Complainant and” at the beginning of the
clause so that it reads: “Both the Complainant
and the Respondent will be invited to submit
a written response to the report to the
Complaints Manager by 5pm three working
days before the date on which the Committee
meets to consider the complaint. This written
response can be in email form.”
5.4 Whether or not the Respondent submits a written
response, they may attend in person on the date and
at the place where the Committee meets to hear the
complaint made against them.
A10 proposed change: Insert “the Complainant and/or”
before “the Respondent” so that it reads:
“Whether or not the Complainant and/or the
Respondent submits a written response, they may
attend in person on the date and at the place where
the Committee meets to hear the complaint made
against them.”
5.5 Both the Respondent and the Complainant may be
accompanied by another Party member to assist
them in explaining their position to the Committee.
A Complainant has the right to request to be able
to arrive at the venue of the hearing at a different
prearranged time to the Respondent. The Complainant
also has the right to be present at a different room
at the venue of the hearing, interacting with the
hearing via video, audio or text based technology as
appropriate.
A10 proposed change: Delete that clause and replace
with “Both the Respondent and the Complainant may
50
be accompanied by another Party member to assist
them in explaining their position to the Committee.
The Committee will consider any reasonable request
from the Respondent or Complainant to not be present
at the hearing at the same time as the other party.” so
that it reads:
“Both the Respondent and the Complainant may be
accompanied by another Party member to assist them
in explaining their position to the Committee. The
Committee will consider any reasonable request from
the Respondent or Complainant to not be present at
the hearing at the same time as the other party.”
5.6 The Complaints Manager must provide a copy of the
notification mentioned in clause 5.2 to the Chair and
Deputy Chair of the Committee.
“Should be completed within two months of
the Committee’s decision to investigate. If the
investigators are unable to meet this timescale,
they should keep the complainant and respondent
informed about progress. The report and copies of any
evidence and documents gathered in the course of the
investigation will be sent to the Complaints Manager.
Any new evidence after the finalisation of the report
will not be admissible at the disciplinary hearing.”
4.10 At least two weeks prior to the Committee meeting,
the Complaints Manager will simultaneously send a
copy of the Investigator’s report to members of the
Committee and to the Respondent and Complainant,
together with copies of the written complaint,
the original case file and of all the other evidence
gathered in the course of the investigation, except
where the need for anonymity is considered to be an
overriding concern. Redaction5 of some details should
also be considered.
4.11 The investigation report shall then be presented by
the Investigators at the Committee’s hearing of the
complaint.
4.12 Any response received from the Respondent shall
be presented at the Committee’s hearing of the
complaint.
A10 proposed change: Insert “the
Complainant and/or” before “the Respondent”,
so that it reads: “Any response received from
the Complainant and/or the Respondent shall
be presented at the Committee’s hearing of the
complaint.”
4.13 If the investigation has not been progressed or
completed in time for it to be heard at the next
scheduled meeting of the Committee, then the
Investigators will write and present an interim report