Report delayed due to COVID-19, health issues from investigator
The board of St. Peter's School in Cambridge "should have done more" to expedite the release of an investigation report related to bullying allegations against its former deputy principal.
This was the ruling of the Employment Relations Authority (ERA) after the former deputy principal, Yevette Williams, alerted the ERA of an extensive delay to the report in April 2022.
The report was meant to investigate the bullying allegations made against Williams, who had resigned from the school in August 2021.
Her resignation came months after the school board initially instructed Graeme Colgan in mid-May 2021 to carry out the investigation.
But the report, which was initially anticipated for a June 2021 release, was not put out until May 2022, a year after the instruction.
Williams argued that she was very reliant on the report being accomplished so she could get clearance of her name and resumption of her career. She claimed that the board was liable to a penalty as it breached express obligations under the settlement agreement they signed.
The Board did not accept that it was in breach and noted that Williams showed "little or no interest in completion of the report for a period."
The board, however, accepted that the investigation took much longer time than usual due to various delays outside its control. Among them was the impact of the COVID-19 lockdown, as well as issues regarding Colgan's health at that time.
Colgan, who concluded in the report that Williams' actions did not constitute bullying, also cleared the board of liability for the delay.
"I regret the investigation delays, but I do not consider the Board responsible for such delays," Colgan said in the report released in May 2021.
The ERA ruled that the schoolboard was not in breach of an express obligation in the settlement agreement.
"There was no express obligation in the settlement agreement, whether directly or via the TOR, on the Board to ensure the report was available by 11 June 2021 or a date close to it," the ERA concluded.
The authority also acknowledged that the board made a "substantial number of attempted contacts and followups with Mr. Colgan" over the report.
"However, standing back, given the length of time and the lack of timely responses on occasions, a conclusion can be drawn that the board should have done more," the ERA ruled.
According to the ERA, the board could have taken other steps, such as more frequent and earlier followups on occasions when no prompt response was received, formally writing to Colgan, seeking a meeting with him, and proposing deadlines for provision of the draft and final reports.
"There is no guarantee that any of these things would have succeeded in gaining an earlier result. But the board should have done more," the ERA said.
"I conclude that it breached its implied obligation under the settlement agreement to take reasonable steps to bring the investigation to a conclusion."
The ERA decided not to impose any penalties against the board, acknowledging that it was in a "difficult position" and there was no element of deliberateness on the board's part.
