Primary and secondary educational environments give rise to a variety of potential issues for investigation. Whether it’s conflict among teaching staff or the investigation of student and parent complaints, conducting enquiries within an environment frequented by young people prompts a unique set of considerations and a strong need for sensitivity, child-informed practice methodology, due process and confidentiality. It is also important that the investigator understands how to distinguish between criminal conduct, reportable allegations and those allegations that fall under general workplace laws and state regulations. Our investigators are skilled at conducting both reportable conduct investigations and employment investigations.
INVESTIGATING COMPLAINTS IN SCHOOLS
When investigating serious allegations within schools, Synergy follows reportable conduct investigation methodology recommended by the various state and federal child protection authorities.
Depending on state laws, investigations into reportable conduct allegations must be carried out by an independent investigator, someone who is able to make an impartial assessment of the evidence and has the appropriate qualifications and working with children clearances. All of our education investigators have experience managing reportable conduct matters and are appropriately screened.
A reportable conduct investigation must apply the balance of probabilities as the standard of proof. In particular, the application of the ‘Briginshaw test’ from the case Briginshaw v Briginshaw (1938) CLR 336) which requires the following to be taken into account:
- The seriousness of the allegation
- The inherent likelihood of the allegations being true based on the evidence
- The gravity of the consequences flowing from a particular finding.