Procedures relating to allegations against
instructors
ARMY
Two documentsAGAI 67 and a letter from
the Director General Army Training and Recruitingset out
Army policy towards for dealing with individuals who have had
allegations made against them. Copies of these documents have
been provided to the Committee.[7]
It should be noted that AGAI 67 has been rewritten and although
the rewritten version attached comes into effect on 1 January
2005 the Army are already operating within the spirit of this
new version. The important point to note in AGAI 67 is at Paras
13, 14 and 15 which deal with the way in which individuals are
treated. Particular emphasis is placed on the following statement
at Para 14:
"the CO must also ensure the rights of the
accused are protected and the investigations proceed on the assumption
of innocence"
The process of protecting the individuals concerned
may well involve their separation until the investigation of any
allegations is complete. Very often the only way to achieve this
will be to move the instructor to work in another sub-unit or
possibly a local unit. The essential point is that it is the CO's
job is to deal with each case individually using his own judgement
within the guidelines of AGAI 67 and the guidance given by DGATR
in his letter of 23 June 2003.
NAVY
Navy policy on the treatment of individuals
against whom allegations have been made is set out in QR RN 42
and PLAGO 0411. Copies of the relevant sections have been forwarded
to the Committee. Paragraphs 18 and 19 of PLAGO 0411 deal with
the treatment of the individuals concerned and both are afforded
equal protection.
"Throughout the process, both the Complainant
and the alleged harasser or bully must be offered impartial advice,
access to a legal advisor (if desired), and given every support
and encouragement in seeking to resolve the matter."
Instructors are made aware of this policy and
are informed that they will be supported on the presumption of
innocence until proven guilty. This is reinforced at divisional
meetings. Allegations are treated as an equal opportunities issue
until proven otherwise. Once an allegation is made EO/Diversity
policies are scrupulously followed. Each side has access to (separate)
EO Advisor who guides/tutors through the process. Investigations
are carried out before any decisions on disciplinary action are
taken. If complaints are made by external parties, the police
are involved, and their advice followed.
RAF
RAF policy on the investigation of complaints
about discrimination, harassment and bullying is set out in Air
Publication 3392, volume 4, leaflet 1805. A copy of this is attached.
The RAF does not have a specific policy regarding allegations
made against instructors in the training environment, and these
are dealt with on a case by case basis.
The main publication that is used to advise
teaching staff is the RAF "Zero Tolerance" pamphletRAF
Equality and Diversity Policy & Internal Complaints Procedure,
A Guide for RAF and MOD Civilian Personnel (produced by Media
Services, TGDA, RAF Innsworth and revised July 02). This is introduced
to all staff during their induction training and is reinforced
during continuation training. A copy of this has been forwarded
to the Committee. Paragraph 14 of this publication states:
"If you are accused of harassment, you will
be given the opportunity to give your account of events. The same
avenues of support are available to you as any potential complainant."
Further advice for staff is available from Equal
Opportunities Advisors. These EOAs have a level of experience
that would normally be associated with case workers or line management
on a busy RAF Station and are readily available to all members
of staff as well as recruits.
Related documents[8]
Guidance to Commanders on the treatment
of individuals accused of harassment/bullying (Annex M to AGAI
67).
Letter from Director General Army
Training and Recruiting to Operating Division Commanders on procedures
relating to allegations against instructors.
Air Publications 3392, volume 4,
chapter 18, leaflet 1805.
"Zero Tolerance: RAF Equality
and Diversity Policy" pamphlet.
Queen's Regulations for the Royal
Navy, chapter 42.
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