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Attorney Emily Hannigan, Esq., of Lippes, Mathias, Wexler & Friedman Attorneys at Law LLP, and PEF field representative Meghan Keegan, who is a former Justice Center investigator, presented the workshop.<\/p>\n
When the Justice Center investigates an incident or report of abuse or neglect, it may take one or more of three tracks, they said \u2013 administrative, disciplinary or criminal.\u00a0 And all three of these tracks can be involved at the same time.<\/p>\n
Cases involving charges typically fall into one of three categories \u2013 1. Serious (usually involving physical or sexual abuse) or 2. Slightly less serious (the individual was injured); or 3. Less serious (no one was seriously hurt).\u00a0 If you are found guilty of a category 1 offense that information will likely remain on your record.\u00a0 For a category 2 offense, it will usually be removed from your record after five years.\u00a0 The records are kept on the Vulnerable Persons Central Registry.<\/p>\n
Hannigan advised delegates that it is crucial to know your rights if you are caught up in a Justice Center investigation.\u00a0 If you were involved in or a witness to an incident, you would havec been required to report it in writing.<\/p>\n
As a mandated reporter, \u201cAlways document exactly what happened,\u201d Keegan advised.\u00a0 \u201cWhat did you see?\u00a0 What was said?\u00a0 Who was there?\u201d<\/p>\n
If the Justice Center investigator asks to interview you, always ask, \u201cIs it voluntary?\u201d\u00a0 If you are told it is voluntary, then decline to be interviewed.<\/p>\n
\u201cThey won\u2019t tell you if it is voluntary unless you ask them,\u201d Keegan said.<\/p>\n
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If the interview is compulsory, what you say cannot be used against you in a criminal prosecution, but it can support charges against you that threaten your job and your professional license or certification.<\/p>\n
When you are compelled to be interviewed, always say that you wish to be accompanied by a union representative.\u00a0 If your request is denied, make your request again in writing, and verbally when the interview begins and say you want your request and its denial on the record.\u00a0 During the interview, you can ask for a break to caucus with your union representative.<\/p>\n
Generally, in such an interview, you should do more listening than talking, be as brief as possible, and be truthful.\u00a0 If you do not know the answer to a question, just say, \u201cI don\u2019t know.\u201d<\/p>\n
The goal is always to get in and out of such an interview as quickly as possible, Hannigan said.\u00a0 Remaining calm is important and do not bring documents to the interview unless you are ordered to do so.\u00a0 Do not claim that you have not read the employee manual.\u00a0 Save copies of any non-confidential work policies.<\/p>\n
Only discuss the case with your union representative.\u00a0 If you are charged you will have only 30 days to respond.<\/p>\n
You can help avoid being charged in a situation by promptly reporting unsafe conditions to your supervisor in writing.\u00a0 This includes things such as doors or lights that don\u2019t operate properly, and damaged fixtures or furnishings.\u00a0 It could become crucial evidence that you warned management of a hazard before someone was hurt.<\/p>\n","protected":false},"excerpt":{"rendered":"
Many PEF members work at state agencies such as the Office for People with Developmental Disabilities that are subject to the watchdog efforts of the state Justice Center for People…<\/p>\n","protected":false},"author":6,"featured_media":0,"comment_status":"closed","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"footnotes":""},"categories":[1],"tags":[],"division":[],"allowed_regions":[],"allowed_divisions":[],"class_list":["post-2288","post","type-post","status-publish","format-standard","hentry","category-uncategorized","issue-volume-40-no-8","issue-volume-40-no-9"],"acf":[],"yoast_head":"\n