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CASS/ASBOA Proper Conduct of Investigations in an Education Setting

 

Session Details

CASS and ASBOA are pleased to offer its inaugural full day interactive hands-on workshop on the proper conduct of investigations in an education setting.

The workshop has been developed specifically for CASS and ASBOA members.

The presenters for this interactive case-study-focused workshop are:

  • Teresa Haykowsky, Partner, McLennan Ross LLP
  • Steve Marissink, B.A., C.D., Investigator at LMAR Group Ltd
  • Michael McCormack, Investigator, Forensic and Litigation Support, MNP

Program Overview:

8:30 – Welcome and Introduction
          – Process/Procedures 

  • selecting the investigator: current trends and arguments of bias
  • retaining the investigator
  • establishing terms of reference / the investigation plan
  • preparing for the interview

10:00-10:15 – Wellness Break

10:15-Noon – Power and Duties

  • conduct of witness interviews
  • confidentiality
  • reviewing written complaints
  • maintaining objections
  • making conclusions based on feeling / intuition
  • ensure the investigator obtains all the facts surrounding the alleged misconduct
  • conducting a fair and objective interview

Noon-1:00 – Lunch

1:00-2:15 – Lessons Learned

  • pitfalls of inadequate investigation
  • damages awarded for wrongful investigations

2:15-2:30 – Wellness Break

2:30-4:00 – Current Case Law

  • current case law dealing with internal employer investigators

4:00 – Wrap up

This is a hands-on workshop based on a case study approach. Be prepared to work. Workshop materials will be provided in electronic format.

Speaker Biographies

Teresa Haykowsky (Employment Law for HR Leaders in Education)

Teresa advises on management-side labour and employment law for organizations from many different industry sectors in Alberta, Quebec and Nunavut. Her work includes education law, labour and employment litigation, arbitrations,  collective bargaining, draft of employment contracts, harassment policies, workplace investigations, OH & S matters, and general employment policies and practices.

Teresa has appeared before every level of Court of in Alberta, twice before the Supreme Court of Canada, the Alberta Labour Relations Board, and other administrative tribunals, including every type of hearing before Alberta school boards.

Teresa is also recognized as a leading practitioner in Alberta in the area of education law and has been recognized by Best Lawyers as a “Best Lawyer” for the past 10 years in the area of education law.


Background
Mike is a senior manager in the Forensic and Litigation Support Service line of MNP LLP. He is responsible for investigations across Canada. He works with First Nations, corporations, public sector organizations on employee misconduct, risk assessments, due diligence and harassment cases. Mike is designated as a Certified Forensic Investigator.

Service Line
Mike has extensive knowledge and experience in the areas of harassment in the workplace, employee misconduct and the investigation of complex fraud schemes. He also helps organizations mitigate issues and strengthen anti-fraud and anti-harassment controls.

Industry Experience
With deep knowledge and experience in investigations and interviewing, Mike develops practical solutions and delivers results for his clients. His cross-industry expertise includes First Nations, corporations, public organizations and private companies.

Before joining MNP, Mike served for 24 years at the Ottawa Police Service as a Detective Sgt in Financial Crimes and Proceeds of Crime. He has spent his career investigating financial crimes. He has experience investigating complex international financial crimes including a variety of fraud schemes, money laundering and proceeds of crime offences.

Read more…


Steve Marissink is Director and founder of the LMAR Group Ltd., now celebrating its 10th Anniversary. LMAR provides investigational support to clients ranging from post-secondary institutions, AHS, AB Districts and School Boards, CMHA, select law firms, corporations, not for profits and private industry.

After arriving in Alberta in 1980 he spent 24 years serving Albertans as an RCMP member, including a year with the Canadian Security Intelligence Service (CSIS). His police service included multiple years on Major Crime Units (MCU). During his time on the ‘K’ Division MCU, he was involved with over 100 homicide investigations where his interviewing skills were honed.

As an RCMP member, Steve served overseas with the United Nations Civilian Police (UNCIVPOL) in the former Yugoslavia, where he was responsible for investigations in the Country’s southern part. He took the lead role in a war crimes investigation and authored the UN report on the Medak Pocket, the first documented war crime allegations against Croatia. Years later he provided testimony at a war crimes trial in Europe. His efforts are documented in The Ghosts of the Medak Pocket by CBC journalist Carole Off and included an interview on the acclaimed CBC National radio show ‘As it Happens.’ During the past year, Steve provided expert analysis on several high-profile homicide investigations for the CBC, appearing on The National, Power and Politics, ‘As it Happens,’ Edmonton’s 630 CHED and other western Canada radio stations.

For career development, he took a secondment to the Alberta Solicitor General Ministry as a liaison officer. His success in that position saw the initial six-month period extended three times. At that point, he retired from policing to accept a Director role with the Ministry in charge of Policing Standards; a unit developed to ensure professionalism by Alberta police services. He transitioned to Director, Victims Programs until 2010 when he left public service to launch the LMAR Group.

Steve has a proven track record providing investigative support to clients in the area of harassment/bullying, sexual assault/harassment, Human Rights, Occupational Health and Safety harassment, ‘toxic workplace,’ code of conduct, social media, abuse of authority and all manner of issues employers’ experience. He earned a sub-specialty in the RCMP as a sexual assault investigator and was one of two Provincial resources in that field. Steve has successfully adapted those skill sets to the private sector. To age himself, he wrote the first DNA warrant for the RCMP in Alberta, which led to a role as the RCMP Provincial DNA expert, authoring an investigative manual, mentoring and training officers across the Province in that rapidly developing field.
Steve has worked with School Districts and Boards across Alberta, assisting with a variety of workplace allegations. As with all engagements, his primary role was to gather information, demonstrating good faith, objectivity, neutrality and applying critical analysis to arrive at a finding based on a balance of probability.

Steve is happily married with their daughter attending her first year of studies at Indiana University on a Water Polo scholarship.

Read more…

October 26, 2020 UPDATE

Putting your health and safety as a priority, considering concerns about increasing COVID-19 cases in Alberta, and the recent decisions of educational partners with respect to face to face conference gatherings are factors into the decision to switch the workshop to online format.

Online Registration Closed
Goal:

Participants will have a better understanding of:

  • the process and procedures for authorizing a person to conduct an investigation
  • the powers and duties of a person conducting the investigation or receiving the report
  • the procedural and evidentiary matters in respect to investigations
Date(s):

November 4, 2020

Location:

Online