Common use of Investigation Process Clause in Contracts

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 (Xxxxxxxxxx) meeting. 9.3.7 If the Employer determines early in the investigatory process that there is no merit to continuing, the Employer can cease the investigation and so inform the employee and Association.

Investigation Process. If the Employer Court Administrator is informed of potential misconduct(s) and/or violation(s), the Employer Court Administrator, 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 Court Administrator being notified of a potential violation and/or misconduct, the Employer Court Administrator has the right to conduct an investigation to ascertain facts. The Employer Court Administrator 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 Court Administrator 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 Court Administrator 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 pre‐ determination (Xxxxxxxxxx) meeting. 9.3.7 If the Employer Court Administrator determines early in the investigatory process that there is no merit to continuing, the Employer Court Administrator can cease the investigation and so inform the employee and Association.