BTC Code of Conduct and Ethics Booklet V5.0 Page 26 of 33 Dec 2023 13 PURPOSE OF INVESTIGATION • All the relevant facts should be gathered promptly as soon as is practicable after the incident. Statements should be taken from witnesses at the earliest opportunity. Any physical evidence should be preserved and/or photographed if reasonable to do so • Seek the employee’s initial response to the allegation • If feedback is required from customers this will be handled in a sensitive and appropriate way • Form a view as to whether there is a case to answer at a formal disciplinary hearing 13.1 The instructor/employee suspected of misconduct will be required to attend an investigatory interview. The instructor/employee must endeavour to attend any investigatory interviews and co-operate with the investigation. Although, not formally entitled to be accompanied at this meeting by a union representative or work colleague, BTC may in some cases allow this as long as it does not delay procedures in any way. I t is the responsibility of the instructor/employee to make any necessary arrangements BTC reserves the right not to hold an investigation meeting and to proceed directly to a formal disciplinary meeting depending on the circumstances. If this is the case, then the instructor/employee should be given details of the allegations made against them before the disciplinary meeting. 13.2 The instructor/employee should make the investigation officer aware of anyone they feel should be contacted as part of the investigation. The instructor/employee should not try to carry out their own investigation e.g. by personally getting statements from BTC from other employees, students or parents/carers. 13.3 The Investigating Officer must make an evidence-based recommendation to the person who will chair any potential disciplinary hearing to help them decide whether to organise a hearing. The remit and format of the investigation will depend on the circumstances of each case but will always be governed by the principles of reasonableness and proportionality. 14 NOTIFICATION TO ATTEND A DISCIPLINARY HEARING 14.1 Where a formal disciplinary hearing is to take place, the instructor/employee will receive written notification ideally no less than five working days in advance. The letter will advise the employee of the following: • The location, date and time of the proposed disciplinary hearing • Details of the allegations • Whether dismissal is being contemplated as a sanction • Their right to be accompanied • Who will be chairing the hearing (Hearing Officer) • Who else may be attending the hearing e.g. the Investigating Officer and/or management witnesses and note taker • The requirement for the instructor/employee to confirm in writing that they are attending, ideally at least two working days before the disciplinary hearing, providing all relevant documentation and confirming the names of their colleague/employee representative and any witnesses they may wish to call. The
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