Policy 63: Investigatory Leave

NOTE: The following procedures supplement Personnel Policy 63. Each section should be read with the related policy section (At Your Service).

A. GENERAL

Investigatory leave is used as a period to investigate an allegation of a particular incident, conduct, or set of circumstances.

Notice: No prior notice is required. In general, the department head or designee should tell the employee that he/she is being placed on investigatory leave, inform the employee of the reasons for the leave, and direct him/her to leave the work site. If the employee is perceived to be an immediate threat to people or property at the work site, the UC Police can be used to assist.

B. WRITTEN CONFIRMATION

A letter of confirmation about the leave (see sample) is normally sent to the employee at his/her last known home address within two working days.

1. The letter should state:
   1. Length of investigatory leave (leave may be extended, if necessary)
   2. Whether the leave is with or without pay
   3. The reasons for the investigatory leave
   4. That the employee must remain available for interviewing
2. The letter should be sent with proof of service.
3. A copy of the letter, with a copy of the proof of service, should be placed in the employee's personnel file. At the conclusion of the investigation, a decision will be made whether to retain this letter in the file or to remove it.
4. The employee must be informed by a subsequent letter of the results of the investigation.

SAMPLE LETTER: INVESTIGATORY LEAVE

[Employee's Name]
[Campus or Home Address]

Dear [Employee's Name]:

In accordance with Policy 63, this is to notify you that you are being placed on investigatory leave with pay for [allegation, e.g., misconduct, misappropriation of University resources, etc.].

While on investigatory leave, you may not enter the work site, including [specify locations], for any purpose, unless you have made prior arrangements with me. You may not access University resources, including but not limited to computer resources. You may not destroy or in any way alter files or materials, including computer files. You may not interact with any [department] employees or use any other [department] resources. You are required to surrender your building and office keys to me immediately.

[If applicable: We require the immediate return of all University equipment provided for your work use at home. You are not to alter or remove any data on this equipment. I will accompany you to your home immediately to retrieve this equipment.]

We expect that the investigation will require no longer than [time frame] to complete. During the investigation, we will wish to speak with you to discuss the findings to date. You will be contacted to arrange meetings, and we expect you to remain available to meet with us.

If you have questions or concerns about any of the issues raised in this letter, feel free to contact me at [campus phone number].

Sincerely,

[Supervisor's Name]
[Title]