Common use of Misconduct/Serious Misconduct Clause in Contracts

Misconduct/Serious Misconduct. (a) Where a matter which may involve misconduct or serious misconduct has been dealt with in good faith as if it were a case of unsatisfactory performance under subclause 28.2, the procedures of this clause are not required, but the provisions of subclause 28.2 must be followed. (b) Other than in the case of an allegation of serious misconduct, repeated misconduct or a breach or a serious breach of the University’s Research Code of Conduct, a supervisor or Xxxx will at an early stage take all measures as they consider are appropriate in the circumstances to try to resolve a matter which may constitute misconduct before it is referred to the Deputy Vice- Chancellor. Such measures could include guidance, counselling and the requirement for an academic to undertake appropriate developmental activities or particular work allocation. (c) In the case of an alleged breach or serious breach of the University’s Research Code of Conduct, any such allegation may be referred by the Deputy Vice-Chancellor (Research) directly to the Deputy Vice-Chancellor to determine whether the alleged misconduct should be dealt with by the supervisor or Xxxx in accordance with the measures referred at subclause 28.3(b) above or by notifying the employee in writing of the specific allegations in accordance with subclause 28.3(d) below. (d) Where an allegation of serious misconduct or misconduct, including research misconduct, has been referred to the Deputy Vice-Chancellor and the Deputy Vice-Chancellor believes such allegation warrants further investigation, the Deputy Vice-Chancellor shall notify the employee in writing of the specific allegations in sufficient detail so that the employee can properly consider and respond to them, and invite the employee to submit a written response within 10 working days. (e) Anytime after the Deputy Vice-Chancellor has received an allegation of serious misconduct or misconduct, the Deputy Vice-Chancellor may: (1) suspend the employee on full pay, or may suspend the employee without pay if the Deputy Vice-Chancellor is of the view that there is the possibility of an imminent and serious risk to another person or to the University’s property arising out of the alleged act of serious misconduct, or if the Deputy Vice-Chancellor considers that the alleged serious misconduct is sufficiently serious to justify dismissal. Provided that: (i) where the suspension without pay occurs at a time when the employee is on paid leave of absence the employee will continue to receive salary for the period of leave of absence; (ii) the employee may engage in paid employment or draw on any recreation leave or long service leave credits for the duration of the suspension without pay; (iii) the Deputy Vice-Chancellor may at any time direct that salary be paid on the ground of hardship; (iv) the employee may request that the decision to suspend without pay be reviewed by a person mutually agreed between the employee and the University; (v) any lost salary and other entitlements will be reimbursed if it is ultimately determined that dismissal is not warranted; or (2) suspend any administrative duties and/or leadership role performed by the employee if the Deputy Vice-Chancellor is of the view that the alleged act of serious misconduct or misconduct, justifies such action. Where the suspension of any administrative duties and/or leadership role is made, the employee will continue to receive any salary and/or allowance paid to the employee at the time of suspension. (f) During any period of suspension pursuant to subclause 28.3(e)(1) above, the employee may be excluded from the University, provided that the employee shall be permitted reasonable access to the University for the preparation of their case and to collect personal property. (g) If the allegation(s) is denied by the employee and the Deputy Vice-Chancellor is of the view that there has been no misconduct or serious misconduct, the Deputy Vice-Chancellor shall immediately advise the employee in writing, and may, by agreement with the employee, publish the advice in an appropriate manner. (h) If the allegation(s) is admitted in full by the employee and the Deputy Vice-Chancellor is of the view that the conduct amounts to misconduct or serious misconduct, the Deputy Vice- Chancellor shall advise the employee in writing of the Deputy Vice-Chancellor's decision and the operative date of any disciplinary action. (i) If the allegation(s) is denied in part or in full, or if the employee has not responded to the allegations, the Deputy Vice-Chancellor shall refer the matter for a misconduct investigation, unless the Deputy Vice-Chancellor decides to take no further action or to counsel or censure the academic staff member and take no other action.

Misconduct/Serious Misconduct. (a) Where a matter which may involve misconduct or serious misconduct has been dealt with in good faith as if it were a case of unsatisfactory performance under subclause 28.2clause 21.1, the procedures of this clause are not required, but the provisions of subclause 28.2 clause 21.1 must be followed. (b) Other than Except in the case of an allegation of serious misconduct or repeated misconduct, repeated misconduct or a breach or a serious breach of the University’s Research Code of Conduct, a an academic supervisor or Xxxx will at an early stage take all measures as they consider he/she considers are appropriate in the circumstances to try to resolve a matter which may constitute misconduct before it is referred to the Deputy Vice- Vice-Chancellor. Such measures could include guidance, counselling and the requirement for an academic to undertake appropriate developmental activities or particular work allocation. (c) In the case of an alleged breach or serious breach of the University’s Research Code of Conduct, any such allegation may be referred by the Deputy Vice-Chancellor (Research) directly to the Deputy Vice-Chancellor to determine whether the alleged misconduct should be dealt with by the supervisor or Xxxx in accordance with the measures referred at subclause 28.3(b) above or by notifying the employee in writing of the specific allegations in accordance with subclause 28.3(d) below. (d) Where an allegation of misconduct/serious misconduct or misconduct, including research misconduct, has been referred to the Deputy Vice-Vice- Chancellor and the Deputy Vice-Chancellor believes such allegation warrants allegations warrant further investigation, the Deputy Vice-Chancellor shall notify the employee in writing of the specific allegations in sufficient detail so that the employee can properly consider and respond to them, and invite the employee to submit a written response within 10 working days. (ed) Anytime after an allegation of misconduct/serious misconduct has been received by the Deputy Vice-Chancellor has received an allegation of serious misconduct or misconductChancellor, the Deputy Vice-Chancellor may: (1) may suspend the employee on full pay, or may suspend the employee without pay if the Deputy Vice-Chancellor is of the view that there is the possibility of an imminent and serious risk to another person or to the University’s property arising out of the alleged act of serious misconduct or misconduct, or if the Deputy Vice-Vice- Chancellor considers that the alleged serious misconduct or misconduct is sufficiently serious to justify dismissaldismissal in accordance with subclause 21.5(b) below. Provided that: (i) where the suspension without pay occurs at a time when the employee is on paid leave of absence the employee will continue to receive salary for the period of leave of absence; (ii) the employee may engage in paid employment or draw on any recreation leave or long service leave credits for the duration of the suspension without pay; (iii) the Deputy Vice-Chancellor may at any time direct that salary be paid on the ground of hardship; (iv) the employee may request that the decision to suspend without pay be reviewed by a person mutually agreed between the employee and the University; (v) any lost salary and other entitlements will be reimbursed if it is ultimately determined that dismissal is not warranted; or (2) suspend any administrative duties and/or leadership role performed by the employee if the Deputy Vice-Chancellor is of the view that the alleged act of serious misconduct or misconduct, justifies such action. Where the suspension of any administrative duties and/or leadership role is made, the employee will continue to receive any salary and/or allowance paid to the employee at the time of suspension. (fe) During any period of suspension pursuant to subclause 28.3(e)(1) above, the employee may be excluded from the University, provided that the employee he or she shall be permitted reasonable access to the University for the preparation of their his or her case and to collect personal property. (gf) If the allegation(s) is denied by the employee and the Deputy Vice-Chancellor is of the view that there has been no misconduct or serious misconduct, the Deputy Vice-Chancellor misconduct he/she shall immediately advise the employee in writing, and may, by agreement with the employee, publish the advice in an appropriate manner. (hg) If the allegation(s) is admitted in full by the employee and the Deputy Vice-Chancellor is of the view that the conduct amounts to misconduct or serious misconduct, the Deputy Vice- Chancellor shall advise the employee in writing of the Deputy Vice-Chancellor's decision and the operative date of any disciplinary action. (ih) If the allegation(s) is denied in part or in full, full or if the employee has not responded to the allegations, the Deputy Vice-Chancellor shall refer the matter for a misconduct investigation, unless the Deputy Vice-Chancellor decides to take no further action or to counsel or censure the academic staff member and take no other action.

Misconduct/Serious Misconduct. (a) Where a matter which may involve misconduct or serious misconduct has been dealt with in good faith as if it were a case of unsatisfactory performance under subclause 28.2, the procedures of this clause are not required, but the provisions of subclause 28.2 must be followed. (b) Other than in the case of an allegation of serious misconduct, repeated misconduct or a breach or a serious breach of the University’s Research Code of Conduct, a supervisor or Xxxx will at an early stage take all measures as they consider are appropriate in the circumstances to try to resolve a matter which may constitute misconduct before it is referred to the Deputy Vice- Vice-Chancellor. Such measures could include guidance, counselling and the requirement for an academic to undertake appropriate developmental activities or particular work allocation. (c) In the case of an alleged breach or serious breach of the University’s Research Code of Conduct, any such allegation may be referred by the Deputy Vice-Chancellor (Research) directly to the Deputy Vice-Chancellor to determine whether the alleged misconduct should be dealt with by the supervisor or Xxxx in accordance with the measures referred at subclause 28.3(b) above or by notifying the employee in writing of the specific allegations in accordance with subclause 28.3(d) below. (d) Where an allegation of serious misconduct or misconduct, including research misconduct, has been referred to the Deputy Vice-Chancellor and the Deputy Vice-Chancellor believes such allegation warrants further investigation, the Deputy Vice-Chancellor shall notify the employee in writing of the specific allegations in sufficient detail so that the employee can properly consider and respond to them, and invite the employee to submit a written response within 10 ten (10) working days. (e) Anytime after the Deputy Vice-Chancellor has received an allegation of serious misconduct or misconduct, the Deputy Vice-Chancellor may: (1) suspend the employee on full pay, or may suspend the employee without pay if the Deputy Vice-Chancellor is of the view that there is the possibility of an imminent and serious risk to another person or to the University’s property arising out of the alleged act of serious misconduct or misconduct, or if the Deputy Vice-Chancellor considers that the alleged serious misconduct or misconduct is sufficiently serious to justify dismissaldismissal in accordance with subclause 28.5(b) below. Provided that: (i) where the suspension without pay occurs at a time when the employee is on paid leave of absence the employee will continue to receive salary for the period of leave of absence; (ii) the employee may engage in paid employment or draw on any recreation leave or long service leave credits for the duration of the suspension without pay; (iii) the Deputy Vice-Chancellor may at any time direct that salary be paid on the ground of hardship; (iv) the employee may request that the decision to suspend without pay be reviewed by a person mutually agreed between the employee and the University; (v) any lost salary and other entitlements will be reimbursed if it is ultimately determined that dismissal is not warranted; or (2) suspend any administrative duties and/or leadership role performed by the employee if the Deputy Vice-Chancellor is of the view that the alleged act of serious misconduct or misconduct, justifies such action. Where the suspension of any administrative duties and/or leadership role is made, the employee will continue to receive any salary and/or allowance paid to the employee at the time of suspension. (f) During any period of suspension pursuant to subclause 28.3(e)(1) above, the employee may be excluded from the University, provided that the employee shall be permitted reasonable access to the University for the preparation of their case and to collect personal property. (g) If the allegation(s) is denied by the employee and the Deputy Vice-Chancellor is of the view that there has been no misconduct or serious misconduct, the Deputy Vice-Vice- Chancellor shall immediately advise the employee in writing, and may, by agreement with the employee, publish the advice in an appropriate manner. (h) If the allegation(s) is admitted in full by the employee and the Deputy Vice-Chancellor is of the view that the conduct amounts to misconduct or serious misconduct, the Deputy Vice- Vice-Chancellor shall advise the employee in writing of the Deputy Vice-Chancellor's decision and the operative date of any disciplinary action. (i) If the allegation(s) is denied in part or in full, or if the employee has not responded to the allegations, the Deputy Vice-Chancellor shall refer the matter for a misconduct investigation, unless the Deputy Vice-Chancellor decides to take no further action or to counsel or censure the academic staff member and take no other action.

Misconduct/Serious Misconduct. (a) Where a matter which may involve misconduct or serious misconduct has been dealt with in good faith as if it were a case of unsatisfactory performance under subclause 28.229.2, the procedures of this clause are not required, but the provisions of subclause 28.2 29.2 must be followed. (b) Other than in the case of an allegation of serious misconduct, repeated misconduct or a breach or a serious breach of the University’s Research Code of Conduct, a supervisor or Xxxx will at an early stage take all measures as they consider are appropriate in the circumstances to try to resolve a matter which may constitute misconduct before it is referred to the Deputy Vice- Vice-Chancellor. Such measures could include guidance, counselling and the requirement for an academic to undertake appropriate developmental activities or particular work allocation. (c) In the case of an alleged breach or serious breach of the University’s Research Code of Conduct, any such allegation may be referred by the Deputy Vice-Chancellor (Research) directly to the Deputy Vice-Chancellor to determine whether the alleged misconduct should be dealt with by the supervisor or Xxxx in accordance with the measures referred at subclause 28.3(b29.3(b) above or by notifying the employee in writing of the specific allegations in accordance with subclause 28.3(d29.3(d) below. (d) Where an allegation of misconduct/serious misconduct or misconduct, including research misconduct, has been referred to the Deputy Vice-Chancellor and the Deputy Vice-Chancellor believes such allegation warrants further investigation, the Deputy Vice-Chancellor shall notify the employee in writing of the specific allegations in sufficient detail so that the employee can properly consider and respond to them, and invite the employee to submit a written response within 10 ten (10) working days. (e) Anytime after the Deputy Vice-Chancellor has received an allegation of misconduct/serious misconduct or misconduct, the Deputy Vice-Chancellor may: (1) suspend the employee on full pay, or may suspend the employee without pay pay, if the Deputy Vice-Chancellor is of the view that there is the possibility of an imminent and serious risk to another person or to the University’s property arising out of the alleged act of serious misconduct or misconduct, or if the Deputy Vice-Chancellor considers that the alleged serious misconduct or misconduct is sufficiently serious to justify dismissaldismissal in accordance with subclause 29.5(b) below. Provided that: (i) where the suspension without pay occurs at a time when the employee is on paid leave of absence the employee will continue to receive salary for the period of leave of absence; (ii) the employee may engage in paid employment or draw on any recreation leave or long service leave credits for the duration of the suspension without pay; (iii) the Deputy Vice-Chancellor may at any time direct that salary be paid on the ground of hardship; (iv) the employee may request that the decision to suspend without pay be reviewed by a person mutually agreed between the employee and the University; (v) any lost salary and other entitlements will be reimbursed if it is ultimately determined that dismissal is not warranted; or (2) suspend any administrative duties and/or leadership role performed by the employee if the Deputy Vice-Chancellor is of the view that the alleged act of serious misconduct or misconduct, justifies such action. Where the suspension of any administrative duties and/or leadership role is made, the employee will continue to receive any salary and/or allowance paid to the employee at the time of suspension. (f) During any period of suspension pursuant to subclause 28.3(e)(129.3(e)(1) above, the employee may be excluded from the University, provided that the employee shall be permitted reasonable access to the University for the preparation of their case and to collect personal property. (g) If the allegation(s) is denied by the employee and the Deputy Vice-Chancellor is of the view that there has been no misconduct or serious misconduct, the Deputy Vice-Vice- Chancellor shall immediately advise the employee in writing, and may, by agreement with the employee, publish the advice in an appropriate manner. (h) If the allegation(s) is admitted in full by the employee and the Deputy Vice-Chancellor is of the view that the conduct amounts to misconduct or serious misconduct, the Deputy Vice- Vice-Chancellor shall advise the employee in writing of the Deputy Vice-Chancellor's decision and the operative date of any disciplinary action. (i) If the allegation(s) is denied in part or in full, or if the employee has not responded to the allegations, the Deputy Vice-Chancellor shall refer the matter for a misconduct investigation, unless the Deputy Vice-Chancellor decides to take no further action or to counsel or censure the academic staff member and take no other action.

Misconduct/Serious Misconduct. (a) Where a matter which may involve misconduct or serious misconduct has been dealt with in good faith as if it were a case of unsatisfactory performance under subclause 28.2, the procedures of this clause are not required, but the provisions of subclause 28.2 must be followed. (b) Other than in the case of an allegation of serious misconduct, repeated misconduct or a breach or a serious breach of the University’s Research Code of Conduct, a supervisor or Xxxx will at an early stage take all measures as they consider are appropriate in the circumstances to try to resolve a matter which may constitute misconduct before it is referred to the Deputy Vice- Vice-Chancellor. Such measures could include guidance, counselling and the requirement for an academic to undertake appropriate developmental activities or particular work allocation. (c) In the case of an alleged breach or serious breach of the University’s Research Code of Conduct, any such allegation may be referred by the Deputy Vice-Chancellor (Research) directly to the Deputy Vice-Chancellor to determine whether the alleged misconduct should be dealt with by the supervisor or Xxxx in accordance with the measures referred at subclause 28.3(b) above or by notifying the employee in writing of the specific allegations in accordance with subclause 28.3(d) below. (d) Where an allegation of serious misconduct or misconduct, including research misconduct, has been referred to the Deputy Vice-Chancellor and the Deputy Vice-Chancellor believes such allegation warrants further investigation, the Deputy Vice-Chancellor shall notify the employee in writing of the specific allegations in sufficient detail so that the employee can properly consider and respond to them, and invite the employee to submit a written response within 10 ten (10) working days. (e) Anytime after the Deputy Vice-Chancellor has received an allegation of serious misconduct or misconduct, the Deputy Vice-Chancellor may: (1) suspend the employee on full pay, or may suspend the employee without pay if the Deputy Vice-Chancellor is of the view that there is the possibility of an imminent and serious risk to another person or to the University’s property arising out of the alleged act of serious misconduct, or if the Deputy Vice-Chancellor considers that the alleged serious misconduct is sufficiently serious to justify dismissal. Provided that: (i) where the suspension without pay occurs at a time when the employee is on paid leave of absence the employee will continue to receive salary for the period of leave of absence; (ii) the employee may engage in paid employment or draw on any recreation leave or long service leave credits for the duration of the suspension without pay; (iii) the Deputy Vice-Chancellor may at any time direct that salary be paid on the ground of hardship; (iv) the employee may request that the decision to suspend without pay be reviewed by a person mutually agreed between the employee and the University; (v) any lost salary and other entitlements will be reimbursed if it is ultimately determined that dismissal is not warranted; or (2) suspend any administrative duties and/or leadership role performed by the employee if the Deputy Vice-Chancellor is of the view that the alleged act of serious misconduct or misconduct, justifies such action. Where the suspension of any administrative duties and/or leadership role is made, the employee will continue to receive any salary and/or allowance paid to the employee at the time of suspension. (f) During any period of suspension pursuant to subclause 28.3(e)(1) above, the employee may be excluded from the University, provided that the employee shall be permitted reasonable access to the University for the preparation of their case and to collect personal property. (g) If the allegation(s) is denied by the employee and the Deputy Vice-Chancellor is of the view that there has been no misconduct or serious misconduct, the Deputy Vice-Vice- Chancellor shall immediately advise the employee in writing, and may, by agreement with the employee, publish the advice in an appropriate manner. (h) If the allegation(s) is admitted in full by the employee and the Deputy Vice-Chancellor is of the view that the conduct amounts to misconduct or serious misconduct, the Deputy Vice- Vice-Chancellor shall advise the employee in writing of the Deputy Vice-Chancellor's decision and the operative date of any disciplinary action. (i) If the allegation(s) is denied in part or in full, or if the employee has not responded to the allegations, the Deputy Vice-Chancellor shall refer the matter for a misconduct investigation, unless the Deputy Vice-Chancellor decides to take no further action or to counsel or censure the academic staff member and take no other action.

Misconduct/Serious Misconduct. (a) Where a matter which may involve misconduct or serious misconduct has been dealt with in good faith as if it were a case of unsatisfactory performance under subclause 28.2clause 21.1, the procedures of this clause are not required, but the provisions of subclause 28.2 clause 21.1 must be followed. (b) Other than Except in the case of an allegation of serious misconduct or repeated misconduct, repeated misconduct or a breach or a serious breach of the University’s Research Code of Conduct, a an academic supervisor or Xxxx will at an early stage take all measures as they consider he/she considers are appropriate in the circumstances to try to resolve a matter which may constitute misconduct before it is referred to the Deputy Vice- Vice-Chancellor. Such measures could include guidance, counselling and the requirement for an academic to undertake appropriate developmental activities or particular work allocation. (c) In the case of an alleged breach or serious breach of the University’s Research Code of Conduct, any such allegation may be referred by the Deputy Vice-Chancellor (Research) directly to the Deputy Vice-Chancellor to determine whether the alleged misconduct should be dealt with by the supervisor or Xxxx in accordance with the measures referred at subclause 28.3(b) above or by notifying the employee in writing of the specific allegations in accordance with subclause 28.3(d) below. (d) Where an allegation of misconduct/serious misconduct or misconduct, including research misconduct, has been referred to the Deputy Vice-Chancellor and the Deputy Vice-Chancellor believes such allegation warrants allegations warrant further investigation, the Deputy Vice-Chancellor shall notify the employee in writing of the specific allegations in sufficient detail so that the employee can properly consider and respond to them, and invite the employee to submit a written response within 10 working days. (ed) Anytime after an allegation of misconduct/serious misconduct has been received by the Deputy Vice-Chancellor has received an allegation of serious misconduct or misconductChancellor, the Deputy Vice-Chancellor may: (1) may suspend the employee on full pay, or may suspend the employee without pay if the Deputy Vice-Chancellor is of the view that there is the possibility of an imminent and serious risk to another person or to the University’s property arising out of the alleged act of serious misconduct or misconduct, or if the Deputy Vice-Chancellor considers that the alleged serious misconduct or misconduct is sufficiently serious to justify dismissaldismissal in accordance with subclause 21.5(b) below. Provided that: (i) where the suspension without pay occurs at a time when the employee is on paid leave of absence the employee will continue to receive salary for the period of leave of absence; (ii) the employee may engage in paid employment or draw on any recreation leave or long service leave credits for the duration of the suspension without pay; (iii) the Deputy Vice-Chancellor may at any time direct that salary be paid on the ground of hardship; (iv) the employee may request that the decision to suspend without pay be reviewed by a person mutually agreed between the employee and the University; (v) any lost salary and other entitlements will be reimbursed if it is ultimately determined that dismissal is not warranted; or (2) suspend any administrative duties and/or leadership role performed by the employee if the Deputy Vice-Chancellor is of the view that the alleged act of serious misconduct or misconduct, justifies such action. Where the suspension of any administrative duties and/or leadership role is made, the employee will continue to receive any salary and/or allowance paid to the employee at the time of suspension. (fe) During any period of suspension pursuant to subclause 28.3(e)(1) above, the employee may be excluded from the University, provided that the employee he or she shall be permitted reasonable access to the University for the preparation of their his or her case and to collect personal property. (gf) If the allegation(s) is denied by the employee and the Deputy Vice-Chancellor is of the view that there has been no misconduct or serious misconduct, the Deputy Vice-Chancellor misconduct he/she shall immediately advise the employee in writing, and may, by agreement with the employee, publish the advice in an appropriate manner. (hg) If the allegation(s) is admitted in full by the employee and the Deputy Vice-Chancellor is of the view that the conduct amounts to misconduct or serious misconduct, the Deputy Vice- Vice-Chancellor shall advise the employee in writing of the Deputy Vice-Chancellor's decision and the operative date of any disciplinary action. (ih) If the allegation(s) is denied in part or in full, full or if the employee has not responded to the allegations, the Deputy Vice-Chancellor shall refer the matter for a misconduct investigation, unless the Deputy Vice-Chancellor decides to take no further action or to counsel or censure the academic staff member and take no other action.