Function: Human Resources
Policy:

6-660 Investigation of Complaints Against Staff

CMHO Standard(s):  
Approved: October 2009

6-660   INVESTIGATION OF COMPLAINTS ABOUT STAFF
Approved October 2009

POLICY

Clients of the Agency have the right to make complaints regarding alleged violations of rights and treatment by staff and volunteers of the Agency.  Staff and volunteers have a responsibility to ensure that clients have the opportunity to express complaints and have them investigated appropriately.

PROCEDURE

It is the responsibility of staff to ensure that any violations are documented using departmental reporting procedures.

Staff are required to report a protection concern as noted in Policies and Procedures, Client Service, Child Abuse, Policy 10-120.  The Agency encourages and supports staff who report a protection concern, assault, or any other inappropriate practice by other staff, occurring during the provision of care.

Staff of the Agency who have had complaints made about them have the right to be treated in a respectful and responsible manner throughout the investigative process.

All departments will have complaint procedures, specific to their contractual obligations with funders, in their departmental staff handbooks to effectively resolve minor and serious complaints.

In the event of a serious complaint, including allegations of abuse:

  1. The staff receiving the complaint from the client will record all facts and prepare a report following departmental procedures.
  2. Under no circumstances will staff begin an investigation pertinent to the complaint.  Notification of the incident to the Police or the Children’s Aid Society will be done immediately.  Police and/or CAS will be responsible for the investigation.
  3. If the allegation involves staff who have regular contact with the alleged victim, further contact will not be permitted until after the completion of an investigation.  If the staff member is working on duty when the complaint is received he/she will be relieved of his/her duties immediately.
  4.  If the staff person is not working, he/she will be notified by the Service Director or designate and made aware that a complaint has been made against him/her and that an investigation has begun.
  5. If the Service Director does not make the above initial notification to the accused staff, he/she will make a call to the staff under investigation as soon as possible in order to clarify the investigative process and supports available to the staff while under investigation.
    1. The accused staff’s immediate Supervisor will remain available and accessible during the investigation to provide support.
    2. If the accused staff’s immediate Supervisor is not available, another Supervisor will be appointed on a temporary basis.
    3. Unlimited access to the Employee Assistance Program will be offered to the accused staff for himself or family, as a result of the complaint.
    4. Legal representation will be provided, if necessary, subject to approval by the Board of Directors.
    5. The Service Director will also provide support and communication regarding the progress of the investigation as information is received from the investigating agency.
  6. The Service Director will also give direction to the accused staff as to job duties during the investigation.  Options include:
    1. an alteration of job responsibilities within the department,
    2. temporary assignment to another department,
    3. removed from the facility with pay.
  7. The Service Director or designate will reassess the reassignment after two weeks.
  8. All documentation regarding the complaint will be forwarded to the investigating agency.
  9. The accused staff will be asked by the Service Director to sign a release of information form to allow for the outcome of the investigation to be shared with the Agency.
  10. If the complaint against the staff proves to be unsubstantiated, all reference to the complaint will be removed from the staff’s Human Resources file.
  11. Following the completion of the investigation, a debriefing will occur for all staff at the next scheduled staff meeting of the department.

HRManual

 
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