Disciplinary hearing...

[marcoma]

I am a lecturer at a further education college. A few months ago I was accused of 'bullying and harrasment' of a student.

At the investigation I was cleared of bullying and harrasment but still given a 'verbal warning'. I was informed prior to the investigation that there were two possible outcomes of the investigation:
1 - If found at fault I will be disciplined accordingly
2 - If found I was not at fault it is deemed a question of 'capability'

How can this be correct that if at an investigation I am cleared of wrong doing I can then be charged with a lesser offence? Why am I not in the clear? Is the corporation (the college) allowed to do this?

I believe this outcome can affect me in the future in my employment at this corporation.

In addition to this the first date my investigation meeting was supposed to take place it was cancelled at the last minute. I and my union representative were only informed of this when we arrived to attend the interview. I then had to wait a further 4 weeks for the next available date for this interview by which time it caused me an immense amount of stress. I feel it was unreasonable that the corporation should subject me to this, what can I do about it?

Any advice will be appreciated.

Thanks

[fisicx]

What does your Union representative say about the matter?

[marcoma]

Originally Posted by fisicx

What does your Union representative say about the matter?

The first reaction to the end result of the inestigation was that it seemed a bit harsh. I was told I could appeal the decision but a personnel employee has said 'it could open a can of worms', I'm not sure exactly what he means. I had requested a copy of the notes taken in my meeting but everytime I bring this up the reply I receive is something in like 'this is over you were cleared of the accusation and you should now put it behind you'.

I have told my line manager (who is also the investigating officer) of my discontent about the first scheduled meeting being cancelled at the last moment. I have not received an explanation why it could not have gone ahead. The stress it caused me was extreme, and I am currently waiting a reply from my union representative after I have told him I want to make a formal complaint about it.

[Peter Bowen]

I fail to understand how you could be sanctioned (the verbal warning) if you were cleared of the allegations.

One of the problems in real life is that the people dealing with discipline are not experts at it themselves - the don't know the law.

You find yourself in an ackward position here - accept the censure and have it on your record or try to clear it up and look like a trouble causer.

Damned if you do, damned if you don't.

Speaking for myself - I'm a rabble rouser and I'd get legal counsel and try to get to the bottom of this.

[marcoma]

Yes, I have always felt it must be wrong to be sanctioned when I was cleared of the accusation. I have queried the personnel department and clearly asked them 'can I be given a verbal warning' and the answer I was given is 'yes'.

I don't feel it is right, and I feel I am making a nuisance of myself by questioning it. My main concern is how it might affect me if for any reason the corporation should have to look into my performance (or as they put it 'capability').

If I don't proceed with appealing the decision from the investigation I am concerned about how I can defend myself against a 'capability hearing' if one should ever be brought against me.

I should point out that the 'verbal warning' does not go on my record. Can it then be refferred to in the future? I mean my line manager has already on one occassion refered to a minor incident from 2 years previously where there was no formal complaint made, is he allowed to do this?