Terms of Reference of the Investigator. (a) The purpose of the investigator will be to ascertain facts.
Terms of Reference of the Investigator. The purpose of the investigator will be to ascertain facts. All persons quoted in the investigation will be named. The University, the complainant, the alleged harasser and the Union will each receive a copy of the investigator’s report as well as the Employer’s written determination. The report will not be introduced as evidence or have standing in any arbitration, or other legal procedure. This does not preclude the Parties from reaching an Agreed Statement of Fact based upon facts in the report in preparation for an arbitral proceeding. Reliance on Report of Third Party Investigator. The University is entitled to rely on the fact of mediation or the report of a third party investigator as evidence that may mitigate liability in a proceeding that follows receipt of the third party investigator’s report. The University is entitled to rely on the investigator’s report as evidence that it acted in good faith in any disciplinary action that it undertook following receipt of the third party investigator’s report where the issue of good faith is raised by a grievor or the Union. The investigator will not be compellable as a witness in any arbitration or other legal procedure which may result from the investigation. The investigator will conclude her/his work within ten business days of appointment, and will render a report within a further five business days. The investigator may, as part of her/his report, make recommendations for resolution of the complaint. The investigator’s report will not be placed on an Employee’s file.
