Common use of Misconduct Investigation Clause in Contracts

Misconduct Investigation. (a) A misconduct investigation will be carried out by one or more Investigation Officer(s) (IO) appointed by the Deputy Vice-Chancellor. The Deputy Vice-Chancellor will consult with the employee and with the Union about the name(s) of the IO prior to the appointment being confirmed. An Investigation Officer(s) may be appointed from within or external to the University. (b) As part of the investigation, the IO will communicate to the employee how the IO intends to carry out the investigation and will provide the employee with an opportunity to respond to any evidence considered by the IO to support the allegation(s). (c) The IO will provide the Deputy Vice-Chancellor with a report on the IO’s findings with respect to the facts of the matter only, including reasons and evidence supporting the findings, and any mitigating factors which the IO considers relevant. (d) The Deputy Vice-Chancellor will specify a reasonable timeframe within which the IO is required to conduct the investigation and provide the report to the Deputy Vice-Chancellor. (e) The employee will be provided with a copy of the IO’s report at the same time as the report is provided to the Deputy Vice-Chancellor and the employee will have a period of 5 working days in which a response to the IO’s report can be provided to the Deputy Vice-Chancellor. (f) Having considered the IO’s report, and any response from the employee, the Deputy Vice- Chancellor may then: (i) take no further action; or (ii) counsel the employee for inappropriate workplace behaviour; or (iii) take disciplinary action consistent with subclauses 28.1(b)(i)-(vi) above where the Deputy Vice-Chancellor is of the view that misconduct or serious misconduct has occurred; or (iv) recommend to the Vice-Chancellor that the employee’s employment should be terminated.

Misconduct Investigation. (a) A misconduct investigation will be carried out by one or more Investigation Officer(s) (IO) appointed by the Deputy Vice-Chancellor. The Deputy Vice-Chancellor will consult with the employee and with the Union about the name(s) of the IO prior to the appointment being confirmed. An Investigation Officer(s) may be appointed from within or external to the University. (b) As part of the investigation, the IO will communicate to the employee how the IO intends to carry out the investigation and will provide the employee with an opportunity to respond to any evidence considered by the IO to support the allegation(s). (c) The IO will provide the Deputy Vice-Chancellor with a report on the IO’s findings with respect to the facts of the matter only, including reasons and evidence supporting the findings, and any mitigating factors which the IO considers relevant. (d) The Deputy Vice-Chancellor will specify a reasonable timeframe within which the IO is required to conduct the investigation and provide the report to the Deputy Vice-Vice- Chancellor. (e) The employee will be provided with a copy of the IO’s report at the same time as the report is provided to the Deputy Vice-Chancellor and the employee will have a period of 5 working days in which a response to the IO’s report can be provided to the Deputy Vice-Vice- Chancellor. (f) Having considered the IO’s report, and any response from the employee, the Deputy Vice- Chancellor may then: (i) take no further action; or (ii) counsel the employee for inappropriate workplace behaviour; or (iii) take disciplinary action consistent with subclauses 28.1(b)(i)-(vi28.0(b)(i)-(vi) above where the Deputy Vice-Chancellor is of the view that misconduct or serious misconduct has occurred; or (iv) recommend to the Vice-Chancellor that the employee’s employment should be terminated.

Misconduct Investigation. (a) A Any allegation of misconduct investigation or serious misconduct denied in part or in full by the employee, will be carried out by one or more Investigation Officer(s) (IO) appointed referred by the Deputy Vice-ChancellorChancellor to a misconduct investigation, unless he/she decides to: (i) take no further action; or (ii) counsel, warn and/or censure the employee for conduct that is determined not to be appropriate in the workplace and take no other action. (b) The Deputy Vice-Chancellor will appoint one or more investigation officer(s) (the "IO") to undertake the misconduct investigation whom the Deputy Vice-Chancellor regards as having the relevant skills and expertise to undertake the investigation. The Prior to appointing the IO, the Deputy Vice-Chancellor will consult with the employee and with President of the UNSW Branch of the Union about the name(s) appointment of the IO prior to the appointment being confirmed. An Investigation Officer(s) may be appointed from within or external to the UniversityIO. (bc) The IO may conduct such (further) inquiries as the IO considers appropriate. The IO will determine his/her/their procedure for conducting the inquiries, and will outline those procedures to the employee. The guiding principles for a misconduct investigation will be the desire to determine the facts of the allegation(s), and the desire to ensure procedural fairness to the employee through subclause 14.2.3(d). (d) As part of the investigation, misconduct investigation the IO will communicate to meet with the employee how to discuss the allegation and the employee's written response referred to in subclause 14.2.2(ii). The IO intends will, prior to carry out the investigation and will this meeting, provide the employee with any evidence which the IO has found to substantiate the allegations, including any additional conduct not specifically referred to in the allegations referred to in subclause 14.2.2, and will give the employee an opportunity to consider and respond to any evidence considered that evidence. Refusal by the employee to attend such a meeting will not prevent the IO from providing a report to support the allegation(s)Deputy Vice-Chancellor. (ce) The IO will provide the Deputy Vice-Chancellor with a report on the IO’s findings with respect allegation. The report will include: (i) a statement of finding in relation to the facts of the matter only, including reasons and evidence supporting the findingsallegations, and reasons for that finding (including an outline of any evidence and documents relied upon); (ii) a statement of any mitigating factors which should be considered in relation to the IO considers relevantallegations. (d) The Deputy Vice-Chancellor will specify a reasonable timeframe within which the IO is required to conduct the investigation and provide the report to the Deputy Vice-Chancellor. (ef) The employee will be provided with a copy of the IO’s 's report at the same time as the report is provided to the Deputy Vice-Chancellor and the employee will have a period of 5 working days in which a response to the IO’s 's report can be provided to the Deputy Vice-Chancellor. (f) Having considered the IO’s report, and any response from the employee, the Deputy Vice- Chancellor may then: (i) take no further action; or (ii) counsel the employee for inappropriate workplace behaviour; or (iii) take disciplinary action consistent with subclauses 28.1(b)(i)-(vi) above where the Deputy Vice-Chancellor is of the view that misconduct or serious misconduct has occurred; or (iv) recommend to the Vice-Chancellor that the employee’s employment should be terminated.

Misconduct Investigation. (a) A misconduct investigation will be carried out by one or more Investigation Officer(s) (IO) appointed by the Deputy Vice-Chancellor. The Deputy Vice-Chancellor will consult with the employee (and where requested by the employee with the Union their employee representative) about the name(s) of the IO prior to the appointment being confirmed. An Investigation Officer(s) may be appointed from within or external to the University. (b) As part of the investigation, the IO will communicate to the employee how the IO intends to carry out the investigation and will provide the employee with an opportunity to respond to any evidence considered by the IO to support the allegation(s). (c) The IO will provide the Deputy Vice-Chancellor with a report on the IO’s findings with respect to the facts of the matter onlyallegations, including reasons and evidence supporting the findings, and any mitigating factors which the IO considers relevant. (d) The Deputy Vice-Chancellor will specify a reasonable timeframe within which the IO is required to conduct the investigation and provide the report to the Deputy Vice-Chancellor. (e) The employee will be provided with a copy of the IO’s report at the same time as the report is provided to the Deputy Vice-Chancellor and the employee will have a period of 5 working days in which a response to the IO’s report can be provided to the Deputy Vice-Chancellor. (f) Having considered the IO’s report, and any response from the employee, the Deputy Vice- Chancellor may then: (i) take no further action; or (ii) counsel the employee for inappropriate workplace behaviour; or (iii) take disciplinary action consistent with subclauses 28.1(b)(i)-(viclause 21.0(b)(i)-(vi) above where the Deputy Vice-Chancellor is of the view that misconduct or serious misconduct has occurred; or (iv) recommend to the Vice-Chancellor that the employee’s employment should be terminated.

Misconduct Investigation. (a) A misconduct investigation will be carried out by one or more Investigation Officer(s) (IO) appointed by the Deputy Vice-Chancellor. The Deputy Vice-Chancellor will consult with the employee and with the Union about the name(s) of the IO prior to the appointment being confirmed. An Investigation Officer(s) may be appointed from within or external to the University. (b) As part of the investigation, the IO will communicate to the employee how the IO intends to carry out the investigation and will provide the employee with an opportunity to respond to any evidence considered by the IO to support the allegation(s). (c) The IO will provide the Deputy Vice-Chancellor with a report on the IO’s findings with respect to the facts of the matter onlymatter, including reasons and evidence supporting the findings, and any mitigating factors which the IO considers relevant. (d) The Deputy Vice-Chancellor will specify a reasonable timeframe within which the IO is required to conduct the investigation and provide the report to the Deputy Vice-Vice- Chancellor. (e) The employee will be provided with a copy of the IO’s report at the same time as the report is provided to the Deputy Vice-Chancellor and the employee will have a period of 5 working days in which a response to the IO’s report can be provided to the Deputy Vice-Vice- Chancellor. (f) Having considered the IO’s report, and any response from the employee, the Deputy Vice- Chancellor may then: (i) take no further action; or (ii) counsel the employee for inappropriate workplace behaviour; or (iii) take disciplinary action consistent with subclauses 28.1(b)(i)-(vi29.0(b)(i)-(vi) above where the Deputy Vice-Chancellor is of the view that misconduct or serious misconduct has occurred; or (iv) recommend to the Vice-Chancellor that the employee’s employment should be terminated.

Misconduct Investigation. (a) A misconduct investigation will be carried out by one or more Investigation Officer(s) (IO) appointed by the Deputy Vice-Chancellor. The Deputy Vice-Chancellor will consult with the employee (and where requested by the employee with the Union their employee representative) about the name(s) of the IO prior to the appointment being confirmed. An Investigation Officer(s) may be appointed from within or external to the University. (b) As part of the investigation, the IO will communicate to the employee how the IO intends to carry out the investigation and will provide the employee with an opportunity to respond to any evidence considered by the IO to support the allegation(s). (c) The IO will provide the Deputy Vice-Chancellor with a report on the IO’s findings with respect to the facts of the matter onlyallegations, including reasons and evidence supporting the findings, and any mitigating factors which the IO considers relevant. (d) The Deputy Vice-Chancellor will specify a reasonable timeframe within which the IO is required to conduct the investigation and provide the report to the Deputy Vice-Vice- Chancellor. (e) The employee will be provided with a copy of the IO’s report at the same time as the report is provided to the Deputy Vice-Chancellor and the employee will have a period of 5 working days in which a response to the IO’s report can be provided to the Deputy Vice-Vice- Chancellor. (f) Having considered the IO’s report, and any response from the employee, the Deputy Vice- Chancellor may then: (i) take no further action; or (ii) counsel the employee for inappropriate workplace behaviour; or (iii) take disciplinary action consistent with subclauses 28.1(b)(i)-(viclause 21.0(b)(i)-(vi) above where the Deputy Vice-Chancellor is of the view that misconduct or serious misconduct has occurred; or (iv) recommend to the Vice-Chancellor that the employee’s employment should be terminated.

Misconduct Investigation. (a) A Any allegation of misconduct investigation or serious misconduct denied in part or in full by the employee, will be carried out by one or more Investigation Officer(s) (IO) appointed referred by the Deputy Vice-ChancellorChancellor to a misconduct investigation, unless he/she decides to: (i) take no further action; or (ii) counsel, warn and/or censure the employee for conduct that is determined not to be appropriate in the workplace and take no other action. (b) The Deputy Vice-Chancellor will appoint one or more investigation officer(s) (the "IO") to undertake the misconduct investigation whom the Deputy Vice-Chancellor regards as having the relevant skills and expertise to undertake the investigation. The Prior to appointing the IO, the Deputy Vice-Chancellor will consult with the employee and with President of the UNSW Branch of the Union about the name(s) appointment of the IO prior to the appointment being confirmed. An Investigation Officer(s) may be appointed from within or external to the UniversityIO. (bc) The IO may conduct such (further) inquiries as the IO considers appropriate. The IO will determine his/her/their procedure for conducting the inquiries, and will outline those procedures to the employee. The guiding principles for a misconduct investigation will be the desire to determine the facts of the allegation(s), and the desire to ensure procedural fairness to the employee through subclause 14.2.3(d). (d) As part of the investigation, misconduct investigation the IO will communicate to meet with the employee how to discuss the allegation and the employee's written response referred to in subclause 14.2.2(ii). The IO intends will, prior to carry out the investigation and will this meeting, provide the employee with any evidence which the IO has found to substantiate the allegations, including any additional conduct not specifically referred to in the allegations referred to in subclause 14.2.2, and will give the employee an opportunity to consider and respond to any evidence considered that evidence. Refusal by the employee to attend such a meeting will not prevent the IO from providing a report to support the allegation(s)Deputy Vice-Chancellor. (ce) The IO will provide the Deputy Vice-Chancellor with a report on the IO’s findings with respect allegation. The report will include: (i) a statement of finding in relation to the facts of the matter only, including reasons and evidence supporting the findingsallegations, and reasons for that finding (including an outline of any evidence and documents relied upon); (ii) a statement of any mitigating factors which should be considered in relation to the IO considers relevantallegations. (d) The Deputy Vice-Chancellor will specify a reasonable timeframe within which the IO is required to conduct the investigation and provide the report to the Deputy Vice-Chancellor. (ef) The employee will be provided with a copy of the IO’s 's report at the same time as the report is provided to the Deputy Vice-Chancellor and the employee will have a period of 5 working days in which a response to the IO’s 's report can be provided to the Deputy Vice-Chancellor. (f) Having . The Deputy Vice-Chancellor will consider the report of the IO and will make a determination as to whether misconduct or serious misconduct has occurred and, if so, what disciplinary action is considered the IO’s report, and any response from the employee, the appropriate. The Deputy Vice- Vice-Chancellor may then: (i) then decide to: take no further action; or (ii) counsel the employee for inappropriate workplace behaviour; or (iii) take disciplinary action consistent with subclauses 28.1(b)(i)-(vi) above where the Deputy Vice-Chancellor is of the view that misconduct or serious misconduct has occurred; or (iv) recommend to the Vice-Chancellor that the employee’s employment should be terminated.