A letter of allegation such as the below example is a critical tool to a thorough and fair reportable conduct investigation.
Private & Confidential
Mr Ray Doe
1 Fiction Street, Fiction Town Tas 7000
Monday, 20 November 2023
Dear Mr Doe
Allegation of Reportable Conduct – Alleged grooming and sexual misconduct
I have been notified of an incident that names you as the subject of an allegation of reportable conduct.
It has been alleged that you engaged in grooming and sexual misconduct against two children who are students at Leaf Independent School - between 1 September 2023 and 18 November 2023.
Tasmania Police, the Office of the Independent Regulator and the Registrar of the Registration to Work With Vulnerable People Act 2013, have been notified of the allegations.
The substance of the allegation:
- Around 1 September 2023, you ‘added’ two year-10 students at Leaf Independent School, Kelly Brian ‘KB’ and ‘Holly Grey’ ‘HG’ (both 16) on Facebook and ‘followed’ their personal profiles on Instagram.
- Between 1 October and 15 November, you ‘liked’ around 15 of KB and HG’s Facebook and Instagram photos.
- On 20 October you messaged KB on her Facebook profile, using your own Facebook profile ‘RayD’, “u look really hot”. You messaged later that day “tell me if u want help with that test on Friday, I’m marking it”.
- On 21 October, you messaged KB again “xox”.
- On 2 November you messaged HG on her private Instagram using your Instagram profile “RayD1”, “how r ur holidays going?. I miss u x”
- On 10 November, you commented on a photo posted to HG’s private Instagram “U r cute’ and commented on another of HG’s Instagram photos with an image of a red heart. Later that day, you sent her a Facebook message saying “need to study over the holidays? Can help u with school stuff if you want could come to ur place?? Or meet somewhere???”
- On 12 November KB messaged you on Facebook asking you to stop sending her messages and liking her photos. You responded “sorry didn’t mean to send. Was really drunk!”
- On 13 November, HG messaged you on Facebook saying you were “creeping her out” and asking you to stop. You responded “Ok chill, was drunk, didn’t mean it”.
- Between 12 November and 18 November, you sent a total of 35 text messages using phone service 04111111 to KB and 15 text messages to HG. Some of those messages included:
- to KB “hey why u icing me out?”
- to KB “ur not even that hot u know”
- to HG “hey can we talk”
- to HG “u up? Can we talk now?”
- to HG “thought u liked me? Guess not. Think ur too hot for me?”
- to HG “F### u!!”.
Grooming and sexual misconduct against a child
At this stage, no decision has been made about whether the alleged conduct has occurred. If, however, the allegations outlined above are substantiated, your conduct would meet the definition of grooming and/or sexual misconduct under the Child and Youth Safe Organisations Act 2023.
The Office of the Independent Regulator will be advised of the findings of the investigation and will be updated throughout.
You have the right to prepare a written response to the allegation by 27 November 2023. Your written response will be considered as part of the investigation, and will be provided to the Independent Regulator.
You will be interviewed in relation to the above allegation, and you are entitled to have a support person of your choice attend that interview. The support person must not be a possible witness in this investigation. If you choose to have a support person present, please advise me of their name as soon as possible.
If you believe that another person may have relevant information in relation to the investigation and should have the opportunity to be interviewed, please notify me as soon as possible.
Important information
- The above information about the allegation must be kept confidential.
- Penalties apply for improper use of the information disclosed in this letter.
- If you choose to have a support person, you should also ask them to keep this matter confidential.
- If you become aware of any breaches of confidentiality in this investigation, please contact me immediately.
Child Safe Code of Conduct and social media policy
If substantiated, the alleged conduct is also a breach of the Leaf Independent School Child Safe Code of Conduct clause 2.3 Appropriate interactions with students, and the Leaf Independent School Social Media Policy. I have attached both of these documents for your reference. If the allegations are substantiated, disciplinary action in relation to a breach of these documents may be taken, in addition to any action taken in relation to reportable conduct.
Harassment policy in relation to this matter
It is against our school policy for anyone to victimise, harass or retaliate against you as a result of this matter. Contact me immediately if you believe this has occurred.
Likewise, it is against school policy for you to victimise, harass or retaliate against any person, (including the two alleged victims) involved in this matter. Doing so may attract disciplinary action.
Next steps
I will be in contact with you to arrange an interview in relation to this matter. If you choose to have a support person, please notify me of this at your earliest convenience.
Once the investigation is complete, I will compile an Investigation Report and provide this to the Independent Regulator. This will include the findings of the investigation, reasons for those findings, and what, if any, disciplinary or other action I intend to take as a result of the findings. I will be in contact after the investigation to advise you of the outcome and outline next steps.
Please do not hesitate to contact me if you have any questions.
Support services are available
I acknowledge it is a stressful time for workers to learn that a reportable allegation has been made against them. There are a number of support services available, and I have provided contact details below:
- Relationships Australia Tas – offers counselling and support. You can book an appointment by calling 1300 364 277 or online https://tas.relationships.org.au/.
- Access Mental Health – provides free counselling over the phone, and referrals for further mental health support. This service can be contacted on 1800 332 388 or at https://www.health.tas.gov.au/health-topics/mental-health/tasmanias-mental-health-system/access-mental-health-helpline.
- Lifeline Australia – provides free crisis support. Lifeline can be contacted by phone on 13 11 14 or text 0477 13 11 14.
- You can also access free and confidential support through Leaf Independent School’s staff and student counsellor.
Yours sincerely,
Gia Smith
Leaf Independent School, Tas, 7000