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22.—(1) At the conclusion of the misconduct hearing, the panel must—
(a)determine whether the conduct which is the subject matter of the misconduct allegation is conduct of the senior officer;
(b)in a case where the Authority has determined, in accordance with regulation 15(1)(a), that the senior officer has a case to answer in respect of misconduct, determine whether it is established that any conduct of the senior officer amounts to misconduct; and
(c)in a case where the Authority has determined, in accordance with regulation 15(1)(b), that the senior officer has a case to answer in respect of gross misconduct, determine whether it is established that any conduct of the senior officer amounts to—
(i)gross misconduct;
(ii)misconduct; or
(iii)neither.
(2) A determination under paragraph (1) is to be made on the balance of probabilities.
(3) In a case mentioned in paragraph (1)(b), the panel may not determine that any conduct of the senior officer amounts to gross misconduct.
(4) Where the panel has determined that the conduct of the senior officer amounts to neither misconduct nor gross misconduct the Authority may—
(a)take no further action;
(b)take improvement action; or
(c)refer the matter to be dealt with under procedures maintained under regulation 23 of the Police Service of Scotland (Performance) Regulations 2013.
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