Ethical standards clinic
At the hearing, the subject member challenges the jurisdiction
of the Committee in being able to hear the case because she
considers that the document supporting the complaint was stolen
from her. How should the Committee respond?
There is unlikely to be any evidence as to whether or not the
document was stolen, and it is not the role of the Committee to
determine any such evidence or allegation about the complainant.
The Committee should make this clear to the subject member. In
relation to the jurisdiction issue, the Committee are considering
the Investigator’s report which is likely to be based on and
supported with evidence that has been properly and lawfully
obtained. Therefore the Committee has proper jurisdiction to
consider that report. The Committee’s powers do not extend to being
able to determine whether documents were stolen.