Common use of Review Process Clause in Contracts

Review Process. A. Before a member may be charged with insubordination or like offense for refusing to answer questions or participate in an investigation, the member shall be advised that such conduct, if continued, may be the basis for such a charge. B. If a member (who is the subject of an investigation) desires, the member shall be given a reasonable opportunity to consult with a Labor Council representative before being required to answer questions. During all questioning the member may, upon request, be accompanied by an available Labor Council representative. C. Before being required to answer questions or make written statements in an investigation, members shall be advised of their rights under this article. D. Prior to questioning, the University shall notify members if they are being questioned as a witness or if they are a subject of the investigation. E. If, during the interview of the member witness, the investigator has reason to believe the member witness has become the focus of the investigation or another investigation, the investigator shall notify the member witness of such belief. The Investigator shall inform the member of the member’s rights under this article. F. If, during the interview, the member witness has reason to believe that the member witness has become the focus of an investigation for which discipline or criminal charges may result, the member witness may invoke the member’s rights under this article. G. Any interrogation, questions, or interviewing of a member will be conducted at hours reasonably related to the member’s shift, preferably during, or immediately prior to or after the member’s working hours, unless the situation dictates otherwise. Interrogation sessions shall be for reasonable periods of time, and members shall be allowed during such questioning for rest periods and attendance to other physical necessities. H. When an anonymous complaint is made against a member, the Director of Central Campus Security Services or designee may investigate, and if there is no corroborative evidence, the complaint shall be classified as unfounded and no disciplinary action will be taken. No unfounded complaints shall be placed in a member’s personnel file. I. A member who has been under investigation shall be informed, in writing, of the outcome of the case at the conclusion of the investigation. J. The University shall attempt to complete investigations that do not involve the possibility of criminal charges within forty-five (45) days of commencing the investigation. If the investigation is not completed within forty-five (45) days, the University shall notify the member of the status of the investigation. The University shall notify the member of the outcome of the investigation upon its conclusion. K. In the course of questioning, a member may not be given a polygraph examination or other similar test without the member’s consent. The results of this examination cannot be used in any subsequent criminal action. Where consent is given, a polygraph examiner shall be chosen by mutual agreement of the University and the Union. L. Record(s) of any investigation that are not substantiated shall not be placed in the member’s personnel file.

Review Process. A. Before a member may be charged with insubordination or like offense for refusing to answer questions or participate in an investigation, the member shall be advised that such conduct, if continued, may be the basis for such a charge. B. If a member (who is the subject of an investigation) desires, the member shall be given a reasonable opportunity to consult with a Labor Council representative before being required to answer questions. During all questioning the member may, upon request, be accompanied by an available Labor Council representative. C. Before being required to answer questions or make written statements in an investigation, members shall be advised of their rights under this article. D. Prior to questioning, the University shall notify members if they are being questioned as a witness or if they are a subject of the investigation. E. If, during the interview of the member witness, the investigator has reason to believe the member witness has become the focus of the investigation or another investigation, the investigator shall notify the member witness of such belief. The Investigator shall inform the member of the member’s rights under this article. F. If, during the interview, the member witness has reason to believe that the member witness has become the focus of an investigation for which discipline or criminal charges may result, the member witness may invoke the member’s rights under this article. G. Any interrogation, questions, or interviewing of a member will be conducted at hours reasonably related to the member’s shift, preferably during, or immediately prior to or after the member’s working hours, unless the situation dictates otherwise. Interrogation sessions shall be for reasonable periods of time, and members shall be allowed during such questioning for rest periods and attendance to other physical necessities. H. When an anonymous complaint is made against a member, the Director of Central Campus Communications and Security Services Technology Division or designee may investigate, and if there is no corroborative evidence, the complaint shall be classified as unfounded and no disciplinary action will be taken. No unfounded complaints shall be placed in a member’s personnel file. I. A member who has been under investigation shall be informed, in writing, of the outcome of the case at the conclusion of the investigation. J. The University shall attempt to complete investigations that do not involve the possibility of criminal charges within forty-five (45) days of commencing the investigation. If the investigation is not completed within forty-five (45) days, the University shall notify the member of the status of the investigation. The University shall notify the member of the outcome of the investigation upon its conclusion. K. In the course of questioning, a member may not be given a polygraph examination or other similar test without the member’s consent. The results of this examination cannot be used in any subsequent criminal action. Where consent is given, a polygraph examiner shall be chosen by mutual agreement of the University and the Union. L. Record(s) of any investigation that are not substantiated shall not be placed in the member’s personnel file.

Review Process. A. Before a member may be charged with insubordination Where appropriate, and agreed by the employee who made the application under clause I3, or like offense for refusing to answer questions the employee’s union or participate in an investigationother employee representative on the employee’s behalf, the member shall Chief Executive must consider mediation as an option before arranging for a review under subclause I4.3. The mediator will be agreed between the employee and the Chief Executive. In the event that mediation does take place and that it resolves the issues raised in the application, then no further action is required under these procedures. In that event a formal written statement that the issue has been resolved must be signed by the employee and the Chief Executive. Subject to subclauses I4.1 and I4.2, the Chief Executive must arrange for an application made under clause I3 to be reviewed by an independent person (the reviewer) who may be: a suitably skilled employee or executive who was not involved in the original action; or a person taken from a list of panel providers approved by the Commissioner for Public Administration. The Chief Executive may determine the process under which an application is reviewed, subject to the principles set out in subclause I4.5. The reviewer must have due regard to the principles of natural justice and procedural fairness and act as quickly as practicable consistent with a fair and proper consideration of the issues. This includes but is not limited to: fully informing the employee of all relevant issues and providing access to all relevant documents; and providing reasonable opportunity for the employee to respond; and advising the employee of the employee’s rights to representation. The reviewer may recommend to the Chief Executive that an application should not be considered on any of the following grounds: the application concerns a decision or action that is excluded under subclause I2.1; or a period of twenty-eight calendar days has elapsed since the employee was advised of the decision or action except where extenuating circumstances exist; or the employee has made an application regarding the decision or action to a court or tribunal, or where the reviewer believes it is more appropriate that such conductan application be made; or the reviewer believes on reasonable grounds that the application: is frivolous or vexatious; or is misconceived or lacks substance; or should not be heard for some other compelling reason. The Chief Executive must either confirm a recommendation made by the reviewer under subclause I4.6 that an application should not be considered or arrange for another reviewer to consider the application. The Chief Executive will inform the employee in writing, within fourteen calendar days of the date of any decision under subclause I4.7, including, the reasons for any decision not to consider the application. If the reviewer does not make a recommendation under subclause I4.6, then the reviewer will conduct a procedural review on the papers to determine: whether it was open to the Chief Executive to take the action that he or she did; whether the principles of procedural fairness and natural justice were complied with in taking the original action; and whether the final decision of the Chief Executive was fair and equitable in all of the circumstances. The reviewer must be provided with all relevant information and evidence that was available to the delegate in the making of the original decision or in taking the original action. To ensure efficiency and timeliness, the reviewer should not undertake to collect the same information or new evidence which was not available at the time the original action or decision was made. After reviewing any action or decision the reviewer will, subject to subclause I4.16, make a written report to the Chief Executive containing recommendations on whether the action that led to the application should be confirmed or varied or that other action is taken. A copy of this report will be provided to the employee. In keeping with subclause I4.11, if continuedthe reviewer is of the view that there is doubt over the veracity and/or validity of the information or evidence or processes used in making the initial decision or action, the reviewer will inform the Chief Executive of that doubt and the reasons for it in the written report. The employee may respond to any aspects of the report. Such a response must be in writing and be provided to the basis Chief Executive within fourteen calendar days of the employee receiving the report. The Chief Executive, after considering the report from the reviewer and any response from the employee to the report of the reviewer, may: confirm the original action; or vary the original action; or take any other action the Chief Executive believes is reasonable. The Chief Executive will inform the employee in writing, within fourteen calendar days of the date of any decision under subclause I4.14, including the reasons for such a charge. B. If a member (who is the action. Where the subject of the application is an investigation) desiresaction or decision of the Chief Executive, the member shall written report of the reviewer will be given a reasonable opportunity made to consult with a Labor Council representative before being required the Commissioner for Public Administration. A copy of this report will be provided to answer questionsthe employee. During all questioning the member The Commissioner for Public Administration may, upon requestafter considering the report from the reviewer, recommend to the Chief Executive that: the original action be accompanied by an available Labor Council representative. C. Before being required to answer questions confirmed; or make written statements in an investigationthe original action be varied; or other action be taken that the Commissioner for Public Administration believes is reasonable. The Chief Executive, members shall be advised of their rights under this article. D. Prior to questioningafter considering the report from the Commissioner for Public Administration, the University shall notify members if they are being questioned as a witness may: accept any or if they are a subject all of the investigation. E. If, during report’s recommendation(s) and take such action as necessary to implement the interview of recommendation(s); or not accept the member witness, report’s recommendation(s) and confirm the investigator has reason to believe the member witness has become the focus of the investigation or another investigation, the investigator shall notify the member witness of such belief. The Investigator shall inform the member of the member’s rights under this article. F. If, during the interview, the member witness has reason to believe that the member witness has become the focus of an investigation for which discipline or criminal charges may result, the member witness may invoke the member’s rights under this article. G. Any interrogation, questions, or interviewing of a member will be conducted at hours reasonably related to the member’s shift, preferably during, or immediately prior to or after the member’s working hours, unless the situation dictates otherwise. Interrogation sessions shall be for reasonable periods of time, and members shall be allowed during such questioning for rest periods and attendance to other physical necessities. H. When an anonymous complaint is made against a member, the Director of Central Campus Security Services or designee may investigate, and if there is no corroborative evidence, the complaint shall be classified as unfounded and no disciplinary action will be taken. No unfounded complaints shall be placed in a member’s personnel file. I. A member who has been under investigation shall be informed, in writing, of the outcome of the case at the conclusion of the investigation. J. The University shall attempt to complete investigations that do not involve the possibility of criminal charges within forty-five (45) days of commencing the investigationoriginal action. If the investigation is Chief Executive does not completed accept any one of the recommendation(s) of the Commissioner for Public Administration under subclause I4.17, the Chief Executive will: provide written reasons to the Commissioner for Public Administration for not accepting the recommendation(s); and provide the employee, within forty-five (45) fourteen calendar days, with written reasons for not accepting the University shall notify recommendation(s). If the member Chief Executive does not accept any one of the status recommendation(s) of the investigationCommissioner for Public Administration under subclause I4.17, the Commissioner may report on this outcome in the Commissioner’s Annual Report. Right of External Review The employee, or the employee’s union or other employee representative on the employee’s behalf, may seek a review of a decision or action of the Chief Executive under subclause I4.14 or subclause I4.18 by an external tribunal or body, including the FWC. The University shall notify FWC will be empowered to resolve the member matter in accordance with the powers and functions set out in clause G2 of this Agreement. The decision of the outcome FWC will be binding, subject to any rights of appeal against the investigation upon its conclusiondecision to a Full Bench in accordance with clause G2.15. K. In the course of questioning, a member may not be given a polygraph examination or other similar test without the member’s consent. The results of this examination cannot be used in any subsequent criminal action. Where consent is given, a polygraph examiner shall be chosen by mutual agreement of the University and the Union. L. Record(s) of any investigation that are not substantiated shall not be placed in the member’s personnel file.

Review Process. A. Before a member may be charged with insubordination or like offense for refusing to answer questions or participate in an investigation, the member shall be advised that such conduct, if continued, may be the basis for such a charge. B. If a member (who is the subject of an investigation) desires, the member shall be given a reasonable opportunity to consult with a Labor Council labor council representative before being required to answer questions. During all questioning the member may, upon request, be accompanied by an available Labor Council labor council representative. C. Before being required to answer questions or make written statements in an investigation, members shall be advised of their rights under this article. D. Prior to questioning, the University shall notify members if they are being questioned as a witness or if they are a subject of the investigation. E. If, during the interview of the member witness, the investigator has reason to believe the member witness has become the focus of the investigation or another investigation, the investigator shall notify the member witness of such belief. The Investigator shall inform the member of the member’s rights under this article. F. If, during the interview, the member witness has reason to believe that the member witness has become the focus of an investigation for which discipline or criminal charges may result, the member witness may invoke the member’s rights under this article. G. Any interrogation, questions, or interviewing of a member will be conducted at hours reasonably related to the member’s shift, preferably during, or immediately prior to or after the member’s working hours, unless the situation dictates otherwise. Interrogation sessions shall be for reasonable periods of time, and members shall be allowed during such questioning for rest periods and attendance to other physical necessities. H. When an anonymous complaint is made against a member, the Director of Communications and Central Campus Security Services Alarm Center or designee may investigate, and if there is no corroborative evidence, the complaint shall be classified as unfounded and no disciplinary action will be taken. No unfounded complaints shall be placed in a member’s personnel file. I. A member who has been under investigation shall be informed, in writing, of the outcome of the case at the conclusion of the investigation. J. The University shall attempt to complete investigations that do not involve the possibility of criminal charges within forty-five (45) days of commencing the investigation. If the investigation is not completed within forty-five (45) days, the University shall notify the member of the status of the investigation. The University shall notify the member of the outcome of the investigation upon its conclusion. K. In the course of questioning, a member may not be given a polygraph examination or other similar test without the member’s consent. The results of this examination cannot be used in any subsequent criminal action. Where consent is given, a polygraph examiner shall be chosen by mutual agreement of the University and the Union. L. Record(s) of any investigation that are not substantiated shall not be placed in the member’s personnel file.

Review Process. A. Before a member may be charged with insubordination or like offense for refusing to answer questions or participate in an investigation, the member shall be advised that such conduct, if continued, may be the basis for such a charge. B. If a member (who is the subject of an investigation) desires, the member shall be given a reasonable opportunity to consult with a Labor Council representative before being required to answer questions. During all questioning the member may, upon request, be accompanied by an available Labor Council representative. C. Before being required to answer questions or make written statements in an investigation, members shall be advised of their rights under this article. D. Prior to questioning, the University shall notify members if they are being questioned as a witness or if they are a subject of the investigation. E. If, during the interview of the member witness, the investigator has reason to believe the member witness has become the focus of the investigation or another investigation, the investigator shall notify the member witness of such belief. The Investigator shall inform the member of the member’s rights under this article. F. If, during the interview, the member witness has reason to believe that the member witness has become the focus of an investigation for which discipline or criminal charges may result, the member witness may invoke the member’s rights under this article. G. Any interrogation, questions, or interviewing of a member will be conducted at hours reasonably related to the member’s shift, preferably during, or immediately prior to or after the member’s working hours, unless the situation dictates otherwise. Interrogation sessions shall be for reasonable periods of time, and members shall be allowed during such questioning for rest periods and attendance to other physical necessities. H. When an anonymous complaint is made against a member, the Director of Communications and Central Campus Security Services Alarm Center or designee may investigate, and if there is no corroborative evidence, the complaint shall be classified as unfounded and no disciplinary action will be taken. No unfounded complaints shall be placed in a member’s personnel file. I. A member who has been under investigation shall be informed, in writing, of the outcome of the case at the conclusion of the investigation. J. The University shall attempt to complete investigations that do not involve the possibility of criminal charges within forty-five (45) days of commencing the investigation. If the investigation is not completed within forty-five (45) days, the University shall notify the member of the status of the investigation. The University shall notify the member of the outcome of the investigation upon its conclusion. K. In the course of questioning, a member may not be given a polygraph examination or other similar test without the member’s consent. The results of this examination cannot be used in any subsequent criminal action. Where consent is given, a polygraph examiner shall be chosen by mutual agreement of the University and the Union. L. Record(s) of any investigation that are not substantiated shall not be placed in the member’s personnel file.