University of Adelaide Enterprise Agreement 2010-2013

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8.2 Disciplinary Procedures for Misconduct and Serious Misconduct

You have the right to be represented, if you so choose, at any stage during the process.

8.2.1 Definitions

a) Misconduct means:

i. Negligence in the performance of the duties of the position held; or
ii. Misbehaviour (which shall include favouritism); or
iii. Conduct in breach of the staff member's contract of employment or the University's policies, regulations or procedures that does not constitute serious misconduct.

b) Serious Misconduct means:

i. Serious misbehavior of a kind which constitutes a serious impediment to carrying out of a staff member's duties or to a staff member's colleagues carrying out their duties; or
ii. Serious dereliction of duties; or
iii. Conviction by a court of an offence which constitutes a serious impediment to the carrying out of a staff member's duties or to a staff member's colleagues carrying out their duties.

c) ‘Research Misconduct' means fabrication, falsification, plagiarism or deception in proposing, carrying out or reporting the results of research, failure to declare or manage a serious conflict of interest, and avoidable failure to follow research proposals as approved by a research ethics committee, particularly where this failure may result in unreasonable risk or harm to humans, animals or the environment. It also includes the willful concealment or facilitation or research misconduct by others.

A complaint or allegation relates to research misconduct if it involves both intent and deliberation, recklessness or gross and persistent negligence; and serious consequences, such as false information on the public record, or adverse effects on research participants, animals or the environment.

d) ‘Serious Research Misconduct' means conduct that is alleged to be Research Misconduct, but where the consequences of the alleged action result in serious harm to the University, or other staff, students or visitors, and the conduct is characterised by a reckless and willful disregard for the consequences of the alleged conduct.

e) In this clause where the term misconduct/serious misconduct is used, it will include research misconduct/serious research misconduct.

8.2.2 Suspension

a) At the time of notifying you of the allegations made against you, or in accordance with 8.2.2(a) (iii), you may be suspended with or without pay. You may be suspended from duty for alleged conduct where:

i. the alleged misconduct/serious misconduct is of a nature that causes imminent and serious risk to the health and safety of a person; and/or
ii. Your continued presence on campus presents a serious risk either to the University, its staff and/or students; and/or
iii. You refuse or fail to respond to the allegations presented to you in accordance with this clause.

b) Any such suspension as set out in clause 8.2.2 will be subject to the following:

i. Where suspension without pay occurs at a time when you are on paid leave, you will continue to receive your ordinary pay for the period of that leave; or
ii. Where a matter is referred to a Review and Appeals Committee, the Committee may make a recommendation to the Deputy Vice-Chancellor/Vice-President to determine whether suspension without pay will continue;
iii. You may engage in paid employment or draw on any annual leave or long service leave credits for the duration of the suspension without pay; or
iv. The Executive Manager may at any time direct that salary be paid on the grounds of hardship.
v. If you have been suspended without pay, pending the decision of the Vice-Chancellor, at the conclusion of this process, the Vice-Chancellor may decide whether any lost income will be reimbursed.

c) During any period of suspension you may be excluded from the University provided that you will be permitted reasonable access to the University for the preparation of your response and to collect personal property.

8.2.3 Investigation and Response to Allegations

a) The Executive Manager will make a preliminary assessment of any allegations of misconduct or serious misconduct.
b) If the Executive Manager believes such allegations warrant further investigation, you will be notified in writing and in sufficient detail to enable you to understand the precise nature of the allegations, and to properly consider and respond to them. Such notice may also include suspension in accordance with clause 8.2.2.
c) You will have 10 working days from the date of receipt of the Executive Manager's notification of the allegations in which to respond in writing.
d) If you deny the allegations and the Executive Manager finds that there has been no misconduct, you will be advised in writing that the matter has concluded and no further action will be taken.
e) If you admit to the allegations and the Executive Manager finds that the conduct amounts to misconduct/serious misconduct, the Vice-Chancellor shall advise you in writing of his/her decision and the operative date of any disciplinary action.
f) If you deny the allegations in full or part, or no response is received, the Executive Manager may initiate a formal investigation or make a recommendation to the Deputy Vice-Chancellor/Vice-President in accordance with clause 8.2.4.

8.2.4 Misconduct/Serious Misconduct Report

a) The Executive Manager will forward a written report and any response from you to the Deputy Vice-Chancellor/Vice-President. The report will detail the allegation(s) of misconduct/serious misconduct, any mitigating circumstances, the recommended disciplinary action and provide any supporting material.
b) You will be provided with a copy of the report and supporting material relied on, at the time it is submitted to the Deputy Vice-Chancellor/Vice-President.
c) A staff member choosing to respond must do so in writing to the Deputy Vice-Chancellor/Vice-President within 10 working days from the date of receipt of the report.
d) If after receipt of the Executive Manager's report and any response from the staff member, the Deputy Vice-Chancellor/Vice-President is of the view that there has been no misconduct or serious misconduct, they will advise the staff member in writing and the matter will be closed.

8.2.5 Disciplinary Action

a) For all disciplinary action other than termination of employment, the Deputy Vice-Chancellor/Vice-President will advise you in writing of their determination.
b) For termination of employment, the Deputy Vice-Chancellor/Vice-President will advise you in writing of the proposed recommendation to the Vice-Chancellor.
c) You will be provided with payment in lieu of the notice specified in your contract of employment or as set out in clause 16 (whichever is the greater).

8.2.6 Review/Appeal

You may within 10 working days of receiving the advice in clause 8.2.5 (a) or clause 8.2.5 (b), seek a review by a Review and Appeals Committee in accordance with clause 8.3.6 (d). You must submit a written request outlining your reasons for the review and any relevant supporting documentation to the Deputy Vice-Chancellor/Vice-President.

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