Directives | CAD-6r1: Hearings for Alleged Perpetrators Revision 1
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CAD-6r1: Hearings for alleged perpetrators
In applying the sections of the IAP Model with respect to the involvement of alleged perpetrators at a hearing (page 12, part g and Appendix III, at pages 21-22), adjudicators will implement the following:
- Where an allegation of abuse against any person is withdrawn, a hearing with the alleged perpetrator will not be held where the parties agree that a hearing is not necessary. The presiding adjudicator will send a written notice to the parties of the withdrawal of the allegation.
- Where an allegation of abuse against any person is withdrawn and the parties do not agree that a hearing is not necessary, a hearing with the alleged perpetrator will not be held unless, in the interest of justice, the adjudicator determines that a hearing shall be held. The presiding adjudicator will send a written notice to the parties of the withdrawal of the allegation.
- In cases where the adjudicator has determined, prior to a hearing with an alleged perpetrator, that the allegation has not been proved, a hearing will not be held with the alleged perpetrator unless:
- The adjudicator is of the opinion that the holding of a hearing may assist in determining credibility;
- The adjudicator determines that in the interest of justice a hearing shall be held;
- With the claimant’s consent, a hearing will be held for the purpose of allowing the alleged perpetrator the opportunity to confess.
- Notwithstanding the above, where testimony has been given which implicates an alleged perpetrator, the alleged perpetrator will be entitled to a hearing unless the parties agree that a hearing should not be held.
- Where an alleged perpetrator hearing has not been held because an allegation has been withdrawn or an allegation has not been proved, the decision shall make no reference, by name or otherwise, to the alleged perpetrator. And, for greater certainty, a withdrawn allegation will have no impact on the number of points awarded for consequential harm, aggravating factors or consequential loss of opportunity.
- In cases where a new allegation is made in a claimant’s hearing against a new alleged perpetrator, the timelines set forth in Appendix III (ii) shall be applied for all ADR and IAP cases (60 days to locate except where contacted by a church entity agreement, then 90 days, with a maximum of 75 days from contact for the alleged perpetrator to decide to participate and provide a statement or an interview). If the timelines are not met, the hearing should proceed without further involvement of the alleged perpetrator.
- If the alleged perpetrator fails to attend a hearing without reasonable excuse, the claimant hearing should proceed without further involvement of the alleged perpetrator.
(Approved by IAPOC 1/10/08)