Setting up a panel and monitoring obligations

INVESTIGATORS' TOOLKIT

Panels are set up following a decision by a responsible official that a formal report of prohibited conduct should be investigated.

After deciding to set up a Panel, the conduct and discipline focal point would normally inform the affected individual and the alleged offender, as appropriate, of the decision to set up the Panel and at least every two months thereafter of the status of the matter. The conduct and discipline focal point is a staff member designated by a head of entity to serve as a contact point for both the affected individual and the alleged offender throughout the handling of formal reports of possible prohibited conduct to provide information on the process and relevant time frames.

During the investigation, the responsible official shall take appropriate measures to monitor the status of the affected individual, the alleged offender and the work unit(s) concerned until such time as the panel investigation report has been submitted and any subsequent action has been completed. The responsible official shall ensure that all parties comply with their duty to cooperate with the investigation and that no party is subject to retaliation or any other prohibited conduct as a result of the complaint or the investigation.

The responsible official shall also look to see if the affected individual’s work performance or conduct has been impacted and consider appropriate accommodations. The responsible official should also consider whether any interim measures are appropriate during the investigation, such as separation of the alleged offender and impacted individual, reassignment, flexible working arrangements and special leave.

Relevant provisions: