Example investigation report

An investigation report incorporates all the relevant information collected during the investigation.

It includes an analysis of the evidence against the reportable conduct allegation and recommends a finding.

The scenario described in the below example is a work of fiction and any similarities to persons living or dead, or actual events is purely coincidental.

Matter details

Allegations

Allegations should be considered individually and numbered in a way that makes each allegation easy to identify.

1.1 Grooming and/or sexual misconduct committed against a child

1.2 Breach of clause 2.3 Leaf Independent School Code of Conduct

1.3 Breach of clause 3.5 Leaf Independent School Social Media Policy.

2.1 Grooming and/or sexual misconduct committed against a child

2.2 Breach of clause 2.3 Leaf Independent School Code of Conduct

2.3 Breach of clause 3.5 Leaf Independent School Social Media Policy.

Summary of investigation

On 20 November 2023 art teacher Mr Mo Chi overheard two students (KB and HG) discussing science teacher Ray Doe ‘liking’ their photos on social media and sending inappropriate messages. KB and HG spoke to Mr Chi further about the allegations and Mr Chi compiled rough notes (Attachment 1A).

Later on 20 November- Mr Chi advised the author of this report (Gia Smith) of the allegations. Ms Smith later contacted:

• Tasmania Police via phone (notes Attachment 2)
• The Independent Regulator (via notification form)
• Strong Families, Safe kids Advice and Referral Line via phone (notes Attachment 3)
• the Registrar of the Working with Vulnerable People legislation via email (Attachment 4).

Later that day Ms Smith emailed Mr Doe (the subject of the allegation) attaching a letter of allegation (Attachment 5A).

On 22 November, Mr Doe provided a letter in response (Attachment 5B).

On 22 November Ms Smith arranged interviews with KB, HG, Mo Chi, Ji Brian (parent of KB), and Ray Doe (subject of allegation) via phone.

On 23 November Ms Smith obtained interviews from:

• Mo Chi – complaint witness (notes Attachment 1B)
• HG – alleged victim – support person present (notes Attachment 6)
• KB – alleged victim – support person present (notes Attachment 7)

On 24 November Ms Smith obtained interviews from:

• Ji Brian – witness (notes Attachment 8)
• Ray Doe – subject of allegation – support person present (notes Attachment 5C)

Ms Smith recorded notes from all interviews (annexed to this report) and saved them securely with password protection.

After assessing the evidence, a determination has been made on the balance of probabilities, that the subject of the allegation, Ray Doe, engaged in the conduct alleged, namely, grooming and sexual misconduct against KB and HG.

Allegations 1 and 2 are substantiated for reasons outlined further in this report.

Standard of proof applied

The standard of proof for a reportable conduct investigation is on the balance of probabilities.

The standard of proof required in determining the outcome for this investigation is that the allegation must be proved ‘on the balance of probabilities’ and on the Briginshaw test being applied.

In essence, the Briginshaw test requires that, the more serious the allegation and gravity of a finding, the more comfortably satisfied, on the evidence, the decision-maker must be before making any adverse finding.

This means that each allegation should be more probable than not in order for it to be made out.

Relevant legislation, policies and procedures

• Child and Youth Safe Organisations Act 2023
• Leaf Independent School Code of Conduct (Attachment 9)
• Leaf Independent School Social Media Policy (Attachment 10)

Summary of evidence

This should include an assessment of the weight that was given to the evidence.

Summary of documentary evidence

Documentary evidence might include things like handwritten notes, video or online files.

Findings

Include here findings in relation to each allegation and evidence that supports those findings.

The following evidence supports the above allegation relating to Ray Doe:

• Evidence was provided by teacher Mo Chi that he received a complaint by KB and HG about Ray Doe sending inappropriate messages, liking their social media photos, and suggesting they meet up outside of school hours.
• This evidence was supported by contemporaneous, handwritten notes provided by Mr Chi.
• KB provided evidence and screenshots of messages sent from Facebook profile ‘RayD’, screenshots of photos ‘liked’ on Instagram by profile ‘RayD1’ and threatening text messages sent by service 04111111 to KB’s own service.
• When asked why KB thought it was Ray sending the messages, she said he often uses ‘u’ when writing the word “you”. She said “that’s how I knew it was definitely him”.
• HG provided evidence and screenshots of messages sent from Instagram profile ‘RayD1’, screenshots of photos ‘liked’ on Instagram and Facebook by profiles ‘RayD’ and ‘RayD1’ and threatening text messages sent by service 04111111 to her own service. Screenshots also depicted comments on her personal Instagram photos by ‘RayD1’ of an inappropriate nature, including a picture of a heart.
• When asked how HG knew the messages were sent from Doe, she responded that Doe had approached her at school, winked and said “I know you got my messages”.
• Ji Brian (KB’s mother) provided evidence KB had discussed some distressing messages with her. She indicated KB had become withdrawn and stressed since she informed her of the messages. At no time did KB disclose to her mother who had sent the messages as she said she was “scared to tell.”
• When the allegations were put to Ray Doe, he did not deny he was the owner and user of Facebook profile ‘RayD’ and Instagram profile ‘RayD1’. He did not provide any comment on whether or not he was the registered owner and operator of service 04111111. He indicated he didn’t remember whether or not he sent the messages or liked the social media photos.

Recommendations

Include any actions taken as a result of the findings including disciplinary actions.

As a result of the findings that all allegations are substantiated, the following actions have been taken:

• Termination of contract, effective immediately.
• Notification to Tasmania Police of outcome of investigation (in addition to regular progress updates throughout).
• Notification to the Registrar of the Working With Vulnerable People legislation.
• Update provided to Workplace Relations and the Departmental Secretary on employment status and finding of breaches of Code of Conduct and Social Media Policy.
• Update provided to Strong Families, Safe Kids Advice and Referral Line.
• Further support services offered to KB and HG and other students at the school who need support.
• Staff training day on grooming and sexual misconduct for staff scheduled.

Attachments

Upload all documents collected as evidence in the investigation to this report.