We don't know whether the most recent response to this request contains information or not – if you are CL Rainwater please sign in and let everyone know.

How do disciplinary panels handle issues of evidentiary proof?

CL Rainwater made this Official Information request to University of Auckland

This request has an unknown status. We're waiting for CL Rainwater to read recent responses and update the status.

From: CL Rainwater

Dear University of Auckland,

Recent media coverage relating to the disciplinary proceedings involving Jonathan Sperry indicate that the panel investigating his alleged misconduct applied a "balance of probabilities" standard of proof in their adjudication.

(1) Does the University have a policy, procedures, or guidelines governing the processes of proof at disciplinary proceedings involving alleged staff misconduct -- eg, the onus and standard of proof for proving misconduct?

(2) If so, can you please provide a copy (or a link to where it can be found on the internet)?

(3) If not, when the University convenes disciplinary proceedings involving alleged staff misconduct, what is the investigating/adjudicating panel told about the burdens of production and persuasion? On whom does the onus of proof reside (the complainant, the University, or the staff member accused of misconduct)? By what standard of proof are complaints adjudicated -- proof beyond a reasonable doubt, a balance of probabilities, or some other standard? If the University follows a balance-of-probabilities standard for factual determinations, what instructions are the panel members given about the meaning of a balance of probabilities and what amount of evidence is necessary to find by a balance of probabilities that the alleged misconduct occurred?

Yours faithfully,

CL Rainwater

Link to this

From: Legal
University of Auckland

Dear requester,

I refer to your request of 5 May. As consultations necessary to make a
decision on your request are such that a response cannot reasonably be
given within the original time limit, the University has extended the time
limit for your request until 14 July 2026 under section 15A(1)(b) of the
OIA. We will respond to your request as soon as reasonably practicable.

You have the right to make a complaint to an Ombudsman if you are
dissatisfied with this extension.
Yours sincerely, 

Landon Watt
Legal Advisor
Office of the Vice-Chancellor

Waipapa Taumata Rau | University of Auckland 

--------------------------------------------------------------------------

From: CL Rainwater <[FOI #34611 email]>
Sent: Tuesday, May 5, 2026 10:43 AM
To: Legal <[University of Auckland request email]>
Subject: Official Information request - How do disciplinary panels handle
issues of evidentiary proof?
 
Dear University of Auckland,

Recent media coverage relating to the disciplinary proceedings involving
Jonathan Sperry indicate that the panel investigating his alleged
misconduct applied a "balance of probabilities" standard of proof in their
adjudication.

(1) Does the University have a policy, procedures, or guidelines governing
the processes of proof at disciplinary proceedings involving alleged staff
misconduct -- eg, the onus and standard of proof for proving misconduct?

(2) If so, can you please provide a copy (or a link to where it can be
found on the internet)?

(3) If not, when the University convenes disciplinary proceedings
involving alleged staff misconduct, what is the investigating/adjudicating
panel told about the burdens of production and persuasion? On whom does
the onus of proof reside (the complainant, the University, or the staff
member accused of misconduct)? By what standard of proof are complaints
adjudicated -- proof beyond a reasonable doubt, a balance of
probabilities, or some other standard? If the University follows a
balance-of-probabilities standard for factual determinations, what
instructions are the panel members given about the meaning of a balance of
probabilities and what amount of evidence is necessary to find by a
balance of probabilities that the alleged misconduct occurred?

Yours faithfully,

CL Rainwater

-------------------------------------------------------------------

This is an Official Information request made via the FYI website.

Please use this email address for all replies to this request:
[FOI #34611 email]

Is [University of Auckland request email] the wrong address for Official Information
requests to University of Auckland? If so, please contact us using this
form:
[1]https://fyi.org.nz/change_request/new?bo...

Disclaimer: This message and any reply that you make will be published on
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-------------------------------------------------------------------

References

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2. https://fyi.org.nz/help/officers

Link to this

From: Legal
University of Auckland

Dear requester,
I refer to your requests of 18 April, 24 April, 26 April, 2 May, 5 May and
11 May, as listed below:

 1. 2026-OIA-0066-Rainwater: OIA - VSPs for senior management: 18 April
2026
 2. 2026-OIA-0067-Rainwater: OIA - Performance-based salary review: 18
April 2026
 3. 2026-OIA-0068-Rainwater: OIA - Expenditure on external consultants,
2022-2026: 18 April 2026
 4. 2026-OIA-0069-Rainwater: OIA - Procurement contracts, 2021-2025: 18
April 2026
 5. 2026-OIA-0076-Rainwater: OIA - Sexual harassment, student against
student, 2021-2025: 24 April 2026
 6. 2026-OIA-0077-Rainwater: OIA - Sexual harassment, staff against
student, 2021-2025: 24 April 2026
 7. 2026-OIA-0078-Rainwater: OIA - Sexual harassment (informal), student
against student, 2021-2025: 24 April 2026
 8. 2026-OIA-0079-Rainwater: OIA - Sexual harassment (informal) staff
against student, 2021-2025: 24 April 2026
 9. 2026-OIA-0080-Rainwater: OIA - Sexual harassment, student against
staff, 2021-2025: 24 April 2026
10. 2026-OIA-0081-Rainwater: OIA - Sexual harassment, staff against staff,
2021-2025: 24 April 2026
11. 2026-OIA-0082-Rainwater: OIA - 2025 Staff Engagement Survey, responses
to free-text harassment questions: 26 April 2026
12. 2026-OIA-0083-Rainwater: OIA - Sexual harassment (informal), staff
against staff, 2021-2025: 26 April 2026
13. 2026-OIA-0084-Rainwater: OIA - Sexual harassment (informal), student
against staff, 2021-2025: 26 April 2026
14. 2026-OIA-0095-Rainwater: OIA - Report for 2024 Gender Pay Gap: 2 May
2026 
15. 2026-OIA-0096-Rainwater: OIA - Bullying and harassment policy
questions: Notification of Police: 2 May 2026
16. 2026-OIA-0097-Rainwater: OIA - Bullying and harassment policy
questions: Decisions on scope of investigation: 2 May 2026
17. 2026-OIA-0098-Rainwater: OIA - Various bullying and harassment policy
questions: 2 May 2026
18. 2026-OIA-0099-Rainwater: OIA - Various bullying and harassment policy
questions: 2 May 2026
19. 2026-OIA-0102-Rainwater: OIA - Staff discipline process: standard of
proof: 5 May 2026
20. 2026-OIA-0110-Rainwater: OIA - Staff salary information: 11 May 2026
21. 2026-OIA-0111-Rainwater: OIA - "Strategic Advisers": 11 May 2026
22. 2026-OIA-0112-Rainwater: OIA - External legal expenditure: 11 May 2026

The purpose of this email is to consult with you about these requests. You
have requested a very large amount of information from the University and
it cannot be provided without the expenditure of excessive staff time.
Please advise by 10 June whether you are willing to significantly narrow
these requests and, if so, how. Please also advise whether your requests
have a priority order between them, and then within each request, if there
are any specific parts of your requests which you wish the University to
prioritise.
If you do not narrow your requests, it is likely that the University will
refuse to provide a significant amount of the information requested on the
ground that it cannot be provided without substantial collation or
research. If you advise the University that you wish us to prioritise
specific requests or parts of requests, we will take that into account
when making a decision on your requests.
Yours sincerely,

Landon Watt
Legal Advisor
Office of the Vice-Chancellor

Waipapa Taumata Rau | University of Auckland

--------------------------------------------------------------------------

From: Landon Watt <[email address]> on behalf of Legal
<[University of Auckland request email]>
Sent: Monday, May 18, 2026 7:41 PM
To: CL Rainwater <[email address]>
Cc: Legal <[University of Auckland request email]>
Subject: 2026-OIA-0066-Rainwater; 2026-OIA-0067-Rainwater;
2026-OIA-0068-Rainwater; 2026-OIA-0069-Rainwater
 
Dear requester,

I refer to your four requests of 18 April 2026. As consultations necessary
to make a decision on your requests are such that a response cannot
reasonably be given within the original time limit, the University has
extended the time limit for your request by under section 15A(1)(b) of the
OIA until 1 July 2026. We will respond to your requests as soon as
reasonably practicable.

You have the right to make a complaint to an Ombudsman if you are
dissatisfied with this extension.
Yours sincerely, 

Landon Watt
Legal Advisor
Office of the Vice-Chancellor

Waipapa Taumata Rau | University of Auckland 

--------------------------------------------------------------------------

From: CL Rainwater <[email address]>
Sent: Saturday, April 18, 2026 1:41 AM
To: Legal <[University of Auckland request email]>
Subject: Official Information request - The VSPs for senior management?
 
Dear University of Auckland,

The University makes Variable Supplementary Payments to senior academic
staff like Deans, Deputy Deans, Associate Deans, and Heads of School and
Department, purportedly as compensation for their additional
administrative roles (administrative VSPs).

How is the amount of these administrative VSPs determined and on what
criteria?

What is the process by which these administrative VSPs are awarded?

Who is involved in the decision making about the award of these
administrative VSPs?

Are the administrative VSPs reviewed on an annual or other periodic basis?

Are there performance criteria attached to these VSPs? If so, what are
they? Are they published?

How much has the University paid out (or is projected to pay out) total in
these administrative VSPs by year per faculty over the period of
2022-2026?

Is any member of staff receiving these administrative VSPs required to
teach a standard .4 FTE teaching load? If so, what percentage of the staff
receiving these administrative VSPs is teaching a standard .4 FTE teaching
load by faculty?

Are any of the staff who receive these administrative VSPs on a contract
for more than 1.0 FTE? If not, what is the justification for paying these
staff members more than their 1.0 FTE contract would require without the
VSP?

Yours faithfully,

CL Rainwater

-------------------------------------------------------------------

This is an Official Information request made via the FYI website.

Please use this email address for all replies to this request:
[email address]

Is [University of Auckland request email] the wrong address for Official Information
requests to University of Auckland? If so, please contact us using this
form:
[1]https://fyi.org.nz/change_request/new?bo...

Disclaimer: This message and any reply that you make will be published on
the internet. Our privacy and copyright policies:
[2]https://fyi.org.nz/help/officers

If you find this service useful as an Official Information officer, please
ask your web manager to link to us from your organisation's OIA or LGOIMA
page.

-------------------------------------------------------------------

References

Visible links
1. https://fyi.org.nz/change_request/new?bo...
2. https://fyi.org.nz/help/officers

Link to this

From: Legal
University of Auckland

Dear requester,

I refer to your requests of 11 May 2026 (our refs 2026-OIA-0110-Rainwater;
2026-OIA-0111-Rainwater; 2026-OIA-0112-Rainwater). As consultations
necessary to make a decision on these requests are such that a response
cannot reasonably be given within the original time limit, the University
has extended the time limit for your requests until 7 July 2026 under
section 15A(1)(b) of the OIA. We will respond to your requests as soon as
reasonably practicable.

You have the right to make a complaint to an Ombudsman if you are
dissatisfied with this extension.
Yours sincerely, 

Landon Watt
Legal Advisor
Office of the Vice-Chancellor

Waipapa Taumata Rau | University of Auckland 

--------------------------------------------------------------------------

From: Landon Watt <[email address]> on behalf of Legal
<[University of Auckland request email]>
Sent: Monday, June 08, 2026 1:45 PM
To: CL Rainwater <[email address]>;
[email address]
<[email address]>;
[email address]
<[email address]>;
[email address]
<[email address]>;
[email address]
<[email address]>;
[email address]
<[email address]>;
[email address]
<[email address]>;
[email address]
<[email address]>;
[email address]
<[email address]>;
[email address]
<[email address]>;
[email address]
<[email address]>;
[email address]
<[email address]>;
[email address]
<[email address]>;
[email address]
<[email address]>;
[email address]
<[email address]>; CL Rainwater
<[email address]>;
[email address]
<[email address]>;
[email address]
<[email address]>;
[FOI #34611 email]
<[FOI #34611 email]>;
[email address]
<[email address]>;
[email address]
<[email address]>;
[email address]
<[email address]>
Cc: Legal <[University of Auckland request email]>
Subject: Rainwater OIA requests 0066-0069, 0076-0084, 0095-0099, 0102,
0110-0112
Dear requester,
I refer to your requests of 18 April, 24 April, 26 April, 2 May, 5 May and
11 May, as listed below:

 1. 2026-OIA-0066-Rainwater: OIA - VSPs for senior management: 18 April
2026
 2. 2026-OIA-0067-Rainwater: OIA - Performance-based salary review: 18
April 2026
 3. 2026-OIA-0068-Rainwater: OIA - Expenditure on external consultants,
2022-2026: 18 April 2026
 4. 2026-OIA-0069-Rainwater: OIA - Procurement contracts, 2021-2025: 18
April 2026
 5. 2026-OIA-0076-Rainwater: OIA - Sexual harassment, student against
student, 2021-2025: 24 April 2026
 6. 2026-OIA-0077-Rainwater: OIA - Sexual harassment, staff against
student, 2021-2025: 24 April 2026
 7. 2026-OIA-0078-Rainwater: OIA - Sexual harassment (informal), student
against student, 2021-2025: 24 April 2026
 8. 2026-OIA-0079-Rainwater: OIA - Sexual harassment (informal) staff
against student, 2021-2025: 24 April 2026
 9. 2026-OIA-0080-Rainwater: OIA - Sexual harassment, student against
staff, 2021-2025: 24 April 2026
10. 2026-OIA-0081-Rainwater: OIA - Sexual harassment, staff against staff,
2021-2025: 24 April 2026
11. 2026-OIA-0082-Rainwater: OIA - 2025 Staff Engagement Survey, responses
to free-text harassment questions: 26 April 2026
12. 2026-OIA-0083-Rainwater: OIA - Sexual harassment (informal), staff
against staff, 2021-2025: 26 April 2026
13. 2026-OIA-0084-Rainwater: OIA - Sexual harassment (informal), student
against staff, 2021-2025: 26 April 2026
14. 2026-OIA-0095-Rainwater: OIA - Report for 2024 Gender Pay Gap: 2 May
2026 
15. 2026-OIA-0096-Rainwater: OIA - Bullying and harassment policy
questions: Notification of Police: 2 May 2026
16. 2026-OIA-0097-Rainwater: OIA - Bullying and harassment policy
questions: Decisions on scope of investigation: 2 May 2026
17. 2026-OIA-0098-Rainwater: OIA - Various bullying and harassment policy
questions: 2 May 2026
18. 2026-OIA-0099-Rainwater: OIA - Various bullying and harassment policy
questions: 2 May 2026
19. 2026-OIA-0102-Rainwater: OIA - Staff discipline process: standard of
proof: 5 May 2026
20. 2026-OIA-0110-Rainwater: OIA - Staff salary information: 11 May 2026
21. 2026-OIA-0111-Rainwater: OIA - "Strategic Advisers": 11 May 2026
22. 2026-OIA-0112-Rainwater: OIA - External legal expenditure: 11 May 2026

The purpose of this email is to consult with you about these requests. You
have requested a very large amount of information from the University and
it cannot be provided without the expenditure of excessive staff time.
Please advise by 10 June whether you are willing to significantly narrow
these requests and, if so, how. Please also advise whether your requests
have a priority order between them, and then within each request, if there
are any specific parts of your requests which you wish the University to
prioritise.
If you do not narrow your requests, it is likely that the University will
refuse to provide a significant amount of the information requested on the
ground that it cannot be provided without substantial collation or
research. If you advise the University that you wish us to prioritise
specific requests or parts of requests, we will take that into account
when making a decision on your requests.
Yours sincerely,

Landon Watt
Legal Advisor
Office of the Vice-Chancellor

Waipapa Taumata Rau | University of Auckland

--------------------------------------------------------------------------

From: Landon Watt <[email address]> on behalf of Legal
<[University of Auckland request email]>
Sent: Monday, May 18, 2026 7:41 PM
To: CL Rainwater <[email address]>
Cc: Legal <[University of Auckland request email]>
Subject: 2026-OIA-0066-Rainwater; 2026-OIA-0067-Rainwater;
2026-OIA-0068-Rainwater; 2026-OIA-0069-Rainwater
 
Dear requester,

I refer to your four requests of 18 April 2026. As consultations necessary
to make a decision on your requests are such that a response cannot
reasonably be given within the original time limit, the University has
extended the time limit for your request by under section 15A(1)(b) of the
OIA until 1 July 2026. We will respond to your requests as soon as
reasonably practicable.

You have the right to make a complaint to an Ombudsman if you are
dissatisfied with this extension.
Yours sincerely, 

Landon Watt
Legal Advisor
Office of the Vice-Chancellor

Waipapa Taumata Rau | University of Auckland 

--------------------------------------------------------------------------

From: CL Rainwater <[email address]>
Sent: Saturday, April 18, 2026 1:41 AM
To: Legal <[University of Auckland request email]>
Subject: Official Information request - The VSPs for senior management?
 
Dear University of Auckland,

The University makes Variable Supplementary Payments to senior academic
staff like Deans, Deputy Deans, Associate Deans, and Heads of School and
Department, purportedly as compensation for their additional
administrative roles (administrative VSPs).

How is the amount of these administrative VSPs determined and on what
criteria?

What is the process by which these administrative VSPs are awarded?

Who is involved in the decision making about the award of these
administrative VSPs?

Are the administrative VSPs reviewed on an annual or other periodic basis?

Are there performance criteria attached to these VSPs? If so, what are
they? Are they published?

How much has the University paid out (or is projected to pay out) total in
these administrative VSPs by year per faculty over the period of
2022-2026?

Is any member of staff receiving these administrative VSPs required to
teach a standard .4 FTE teaching load? If so, what percentage of the staff
receiving these administrative VSPs is teaching a standard .4 FTE teaching
load by faculty?

Are any of the staff who receive these administrative VSPs on a contract
for more than 1.0 FTE? If not, what is the justification for paying these
staff members more than their 1.0 FTE contract would require without the
VSP?

Yours faithfully,

CL Rainwater

-------------------------------------------------------------------

This is an Official Information request made via the FYI website.

Please use this email address for all replies to this request:
[email address]

Is [University of Auckland request email] the wrong address for Official Information
requests to University of Auckland? If so, please contact us using this
form:
[1]https://fyi.org.nz/change_request/new?bo...

Disclaimer: This message and any reply that you make will be published on
the internet. Our privacy and copyright policies:
[2]https://fyi.org.nz/help/officers

If you find this service useful as an Official Information officer, please
ask your web manager to link to us from your organisation's OIA or LGOIMA
page.

-------------------------------------------------------------------

References

Visible links
1. https://fyi.org.nz/change_request/new?bo...
2. https://fyi.org.nz/help/officers

Link to this

We don't know whether the most recent response to this request contains information or not – if you are CL Rainwater please sign in and let everyone know.

Things to do with this request

Anyone:
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