Rules - Suspension


#1

I’ve been suspended and was told that both parties during an allegation, both the reporter and reported are suspended during this time till the incident is sorted.
However I’ve found out the other person is still attending squadron as normal while I’ve been suspended this entire time? Is this a violation of Regulations or was I misinformed about both of us being suspended?


#2

Are you the one being accused?


#3

Yes, they filed a false allegation against me


#4

Then yes, it’s normal to be suspended whilst the investigation happens. You should have been given a letter with a point of contact, normally the WExO. You can speak to them.

Edited to add: the accuser isn’t suspended.


#5

I have been, I understand why I’m Suspended. But. I was told both of us would be suspended whilst the investigation is underway


#6

That’s incorrect. You don’t suspend someone for making a complaint. Otherwise you potentially further victimise someone.


#7

I got told both parties are suspended in the means of equal treatment to prevent rumour spreading and other factors as a Rule of the ATC.

So it ain’t?


#8

No. If an accuser was suspended whenever they made an allegation, nobody would ever make allegations for fear of being suspended.


#9

As a CI, if I accused someone of something that resulted in suspension I would fully accept that I would be suspended as well until it was fully investigated. That way I couldn’t sway peoples opinions against the person accused or have others think that cos I wasn’t suspended that they must have done what initiated the suspension.


#10

Any suspension against an accused party is without prejudice (no judgement made) and is for the protection of both parties.

I’ve never heard of an accuser being suspended, because (as @pEp said) this could be deemed as a negative response towards that person for the non-crime of making an accusation. Why would you come forward when it would further negatively affect you?

In any case where an accusation is made, the priority is removing the accused from the situation to protect the accuser, while also protecting the accused from further cause for complaint.

Bottom line though is that being suspended isn’t a sign of guilt or being thought guilty. All facts, testimony, and evidence will be taken into account.


#11

The process is well known to most staff, so there is no assumption of guilt - except in the underground gossip circles and pot stirrers. If an accuser was found to be involved in this, then they would severely damage their case and potentially face action themselves for contravening a direct and clear instruction to not discuss the matter with anyone other than the nominated group of investigators/assisting officers (OC usually isn’t a problem, but they may not be looped into development and will only be pass limited information up and down).

The gossippers, if discovered, would be spoken to and told to wind it in.

The accuser (either cadet or staff) wouldn’t be suspended except in very exceptional circumstances - for starters because it gives them away and opens them to potential issues from friends of the accused or gossip from anyone. They are kept anonymous.


#12

…but this would appear to be a cadet scenario, so the staff side isn’t really relevant.


#13

The only situation where the accuser is suspended is where both parties have committed an act deemed to be illegal or against the code of conduct but one is accusing the other of instigating the act.

Otherwise it is normally the situation where the accused is suspended without prejudice.


#14

If you believe it to be false, and if you feel that the false complaint was malicious, you can make a counter complaint against who ever accused you.

In all honesty, it will probably not go anywhere (even if your complaint is found in your favour), but it may help you in the long term, if this complaint is part of a wider pattern of vindictive behavior.


#15

Fair point about the accuser not being suspended, too many late nights and not enough coffee resulting in a poor brain fart :joy: