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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.
a) Misconduct means:
i. Negligence in the performance of the duties of the position held; or
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
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.
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
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
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.
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.
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.
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.