INVESTIGATION PROCESSES. DHS/OHA will make reasonable efforts to accommodate a Provider’s request to include a Union representative during the activities outlined in Section 1 of this Article. Such requests will not unreasonably delay those activities nor will a request for Union representation result in the re-scheduling of a licensing or investigatory visit that would otherwise be conducted without advance notice. The Union representative shall not be allowed to interfere with the ability of the licensing authority or its designee to conduct or complete the activities outlined above and will not be allowed to interfere with the health and safety of residents in the adult xxxxxx home. A Union representative will not be allowed to participate in witness interviews.
INVESTIGATION PROCESSES. DHS/OHA will notify a Provider of any abuse/neglect investigation opened against the Provider, License or Home, as legally required. DHS/OHA will inform the Provider of the nature of the investigation, including the OARs potentially violated and the general rights and responsibilities of the Provider as legally required. DHS/OHA will allow Providers an opportunity to offer additional information or evidence, as legally required. The outcome of the investigation will not be finalized until such information has been reviewed. The above changes to the investigation process shall take effect no later than January 1, 2018. DHS/OHA will make reasonable efforts to accommodate a Provider’s request to include a Union representative during the activities outlined in Section 1 of this Article. Such requests will not unreasonably delay those activities nor will a request for Union representation result in the re-scheduling of a licensing or investigatory visit that would otherwise be conducted without advance notice. The Union representative shall not be allowed to interfere with the ability of the licensing authority or its designee to conduct or complete the activities outlined above and will not be allowed to interfere with the health and safety of residents in the adult xxxxxx home. A Union representative will not be allowed to participate in witness interviews.
11.4 CONFIDENTIALITY It is the responsibility of Providers to follow HIPAA Standards at all times. A Union representative will be expected to sign a confidentiality agreement prior to having access to or receiving any confidential information. Any Union representative present during any interaction between DHS/OHA or its designee and a Provider as set forth above, and who had access to client-specific protected health information during the course of that interaction, shall keep such information confidential and shall not use or disclose such confidential information for any purpose other than for the provision of assistance and support to the Provider. Union representatives will be bound by all relevant statutes governing confidentially of health care information, including but not limited to statutes applying to drug and alcohol treatment. Due to confidentiality requirements, names of all complaintants, reported victims, witnesses and perpetrators shall be omitted for purposes of Union representations. Abbreviations used (written and verbal): C or CC Complaintant RV Reported Victim W or Wit Witness RP...
INVESTIGATION PROCESSES. A complaint or grievance alleging personal harassment will be investigated as follows:
(i) An external Union Representative and a representative of the Employer, as designated by the Employer, will first undertake a preliminary investigation to determine if there appears to be sufficient credible evidence to warrant further investigation of the allegation(s).
(ii) If necessary, based on the results of the preliminary investigation described above, a representative of the Employer, as designated by the Employer, and an external Union Representative will jointly conduct a full and thorough investigation of the matter.
(iii) The Employer and Union representative involved in the joint investigation described above will report their findings and recommendations, if any, to a designate of the Employer who must be a person who is not named in the complaint or grievance as an alleged harasser.
(iv) Upon conclusion of the investigation process(es) arising out of this Clause 16.04(d), the Employer shall take such action as deemed appropriate by the Employer, under the circumstances, which result, if it involves any bargaining unit Employee(s), may be subject to arbitration by the Union in accordance with the applicable provisions of this Agreement.
(v) The investigation processes and their results arising out of this Clause 16.04(d) are to be treated by all concerned as confidential except as otherwise required on a “need to know” basis.
(vi) Time off work for any bargaining unit employee(s) for the purposes of the investigation processes arising out of this Clause 16.04(d) shall be governed by the criteria set out in Clause(s) 2.09(b) and 2.09(c) of this Agreement.
(vii) Union and management representatives involved in conducting any investigations under this Clause 16.04(d) must be persons who are not named in the complaint or grievance as an alleged harasser. Such Union representatives must also be persons from outside of the bargaining unit.
INVESTIGATION PROCESSES. DHS/OHA (or designee) will notify a Provider of any investigation opened against the Provider, License or Home, as legally required. DHS/OHA will inform the Provider of the nature of the investigation, including the OARs potentially violated and the general rights and responsibilities of the Provider as legally required. DHS/OHA will allow Providers an opportunity to offer additional information or evidence, as legally required. The outcome of the investigation will not be finalized until such information has been reviewed. DHS/OHA will make reasonable efforts to accommodate a Provider’s request to include a Union representative during the activities outlined in Section 1 of this Article. Such requests will not unreasonably delay those activities nor will a request for Union representation result in the re-scheduling of a licensing or investigatory visit that would otherwise be conducted without advance notice. The Union representative shall not be allowed to interfere with the ability of the licensing authority or its designee to conduct or complete the activities outlined above and will not be allowed to interfere with the health and safety of residents in the adult xxxxxx home. A Union representative will not be allowed to participate in witness interviews.
INVESTIGATION PROCESSES. 10.1 The PIRC will notify the Secretary of State in writing, of any decision to investigate or of the COPFS instruction to investigate an incident or criminal allegation.
10.2 The PIRC will make clear the status of any person involved in an investigation (witness or suspect). If a person’s status changes, the Secretary of State and the person will be notified accordingly.
10.3 The PIRC will appoint and identify a member of its Investigations staff as the lead investigator for any investigation and notify the Secretary of State of that person.
INVESTIGATION PROCESSES. 8.1 The PIRC will notify the Assistant Chief Constable, Professionalism and Assurance, in writing, of any decision to investigate on the instruction of COPFS an incident or criminal allegation.
8.2 The letter of notification will include a notification under ‘the 2006 Act’ or a notification under the 2006 Act and ‘the Regulations’, requiring the Chief Constable or the Authority to provide any document, record or other information the PIRC may require to undertake its investigation. Specimen notification letters are provided at Appendix E.
8.3 Following a decision by COPFS not to initiate criminal proceedings, COPFS will notify the PIRC and the complainer. The PIRC will then notify PSD of the decision in writing. COPFS will also advise the PIRC if a victim’s right of review is requested by the complainer. On receipt of such notification, the PIRC will advise the PSD.
INVESTIGATION PROCESSES. 10.1 The PIRC will notify the Chief Constable of the BTP, in writing, of any decision to investigate or of the COPFS instruction to investigate an incident or criminal allegation.
10.2 The PIRC will also notify the Head of PSD and relevant point of contact in PSD of the decision or instruction to investigate.
10.3 The PIRC will make clear the status of any person involved in an investigation (witness or suspect). If a person’s status changes, the BTP and the person will be notified accordingly. The BTP will notify any BTP officer when they are the subject of a criminal investigation by the PIRC, unless the investigation may be hampered in doing so. The PIRC will ensure the BTP are informed when they can advise these officers or staff at the earliest opportunity to allow appropriate welfare support.
10.4 The PIRC will appoint a member of its Investigations staff as the lead investigator for any investigation and notify the BTP of that person.
10.5 The BTP will appoint an appropriate ‘single point of contact’ (SPOC) for every PIRC investigation to facilitate the acquisition and provision of any document, record or other information to the PIRC. The SPOC will also be the conduit for facilitating any witness or other interviews of the BTP staff. Where a SPOC is on annual leave or absent during a PIRC investigation, they will identify another person to undertake their role.
10.6 For complex investigations it may be necessary to appoint additional SPOCs to facilitate the provision of information, etc.
INVESTIGATION PROCESSES. 10.1 The PIRC will notify the Chief Constable, in writing, of any decision to investigate or of the COPFS instruction to investigate an incident or criminal allegation.
10.2 The PIRC will also notify the Head of PSD and relevant point of contact in PSD of the decision or instruction to investigate.
10.3 The PIRC will appoint a member of its Investigations staff as the lead investigator for any investigation and notify the Chief Constable.
10.4 The PIRC will make clear the status of any person involved in an investigation (witness or suspect). If a person’s status changes, the Chief Constable and the person will be notified accordingly. The Chief Constable will notify any member of the Constabulary when they are the subject of a criminal investigation by the PIRC, unless the investigation may be hampered in doing so. The PIRC will ensure the Chief Constable is informed when they can advise these officers or staff at the earliest opportunity to allow appropriate welfare support.
INVESTIGATION PROCESSES. 10.1 The PIRC will notify the Assistant Chief Constable, Professionalism and Assurance, in writing, of any decision to investigate or the COPFS instruction to investigate an incident or criminal allegation as soon as reasonably practicable.
10.2 The PIRC will also notify the Head of PSD and relevant Superintendent PSD of the decision or instruction to investigate.
10.3 The PIRC will notify the Chief Executive of the Authority, as soon as reasonably practicable, of any decision to investigate or instruction to investigate a member of the Authority’s staff or Senior officer of Police Scotland.
10.4 The letter of notification will include a notification under the 2006 Act or a notification under the 2006 Act and 2013 PIRC Regulations, requiring the Chief Constable or the Authority to provide any document, record or other information the PIRC may require to undertake its investigation.
10.5 The PIRC will make clear the status of any person involved in an investigation (witness or suspect). If a person’s status changes, Police Scotland or the Authority and the person will be notified accordingly. Police Scotland or the Authority will notify any officer or member of staff when they are the subject of a criminal investigation by the PIRC, unless the investigation may be hampered in doing so. The PIRC will ensure Police Scotland or the Authority are informed when they can advise these officers or staff at the earliest opportunity to allow appropriate welfare support.
10.6 The PIRC will appoint a member of its Investigations staff as the lead investigator for any investigation and notify Police Scotland or the Authority of that person.
10.7 Police Scotland or the Authority will appoint an appropriate ‘single point of contact’ (SPOC) for every PIRC investigation to facilitate the acquisition and provision of any document, record or other information to the PIRC. The SPOC will also be the conduit for facilitating any witness or other interviews of Police Scotland or the Authority’s staff. Where a SPOC is on annual leave or absent during a PIRC investigation, they will identify another person to undertake their role.
10.8 For complex investigations, involving more than one business area of Police Scotland, it may be necessary to appoint additional SPOCs to facilitate the provision of information, etc.
INVESTIGATION PROCESSES. 10.1 The PIRC will notify the DG, in writing, of any decision to investigate or of the COPFS instruction to investigate an incident or criminal allegation.
10.2 The PIRC will also notify the Head of PSU and any other relevant PSU officer the decision or instruction to investigate.
10.3 The PIRC will appoint a member of its Investigations staff as the lead investigator for any investigation and notify the NCA.
10.4 The PIRC will make clear the status of any person involved in an investigation (witness or suspect). If a person’s status changes, the NCA and the person will be notified accordingly.
10.5 The NCA agree to appoint an appropriate ‘Single point of contact’ (SPOC) for every PIRC investigation to facilitate the acquisition and provision of any document, record or other information to the PIRC. The SPOC will also be the conduit for facilitating any witness interview of an NCA officer. Where a SPOC is on annual leave or absent during a PIRC investigation, they will identify another person to undertake their role.
10.6 For complex investigations, involving more than one business area of the NCA it may be necessary to appoint additional SPOCs to facilitate the provision of information, etc.
