Common use of Serious Misconduct in Research Clause in Contracts

Serious Misconduct in Research. (a) Any allegation of serious misconduct or misbehavior in research will be considered by the VCP. If the VCP believes such allegations warrant further investigation the VCP will: (i) Notify the staff member in writing and in sufficient detail to enable the staff member to understand the precise nature of the allegations, and to properly consider and respond to them; (ii) Require the staff member to submit a written response within ten working days. (b) At the time of notifying the staff member under clause (a), if the VCP is of the view that the alleged conduct amounts to conduct of a kind that it would be unreasonable to require the University to continue employment during a period of notice, the VCP may suspend the staff member with or without pay. The VCP may direct that salary be paid on the grounds of hardship or the staff member may engage in paid external employment or access leave entitlements for any period of suspension without pay. (c) Where a suspension without pay has been imposed and the matter is subsequently referred to a Review Committee, the VCP will ensure that the Review Committee at its first meeting determines whether suspension without pay should continue. The Review Committee will provide advice to the VCP as to whether the suspension without pay should continue. During any period of suspension the staff member may be excluded from the University, provided that the staff member will be permitted reasonable access to the University for the preparation of the staff member’s case and to collect personal property. (d) If the allegations are denied in part or in full by the staff member, the VCP will give due consideration to the staff member’s response. If the VCP determines that there has been no research misconduct or serious misconduct, the VCP will immediately advise the staff member in writing and any lost income arising from a suspension without pay will be reimbursed. However, if the VCP determines that the allegation/s warrant further investigation, the VCP will refer the matter to a Review Committee to provide advice to the VCP. (e) The Review Committee will comprise a Chair agreed by the Vice-Chancellor and the Union local branch president, a nominee of the Vice-Chancellor and a staff nominee of the Union. The Committee will be established by the Vice-Chancellor (or nominee) and will meet as soon as practicable. The Committee will act in accordance with Schedule 5. (f) The Review Committee will investigate the allegations and make findings as to whether or not research misconduct or serious misconduct has occurred and recommend what disciplinary action, if any, should be taken. The Review Committee will consider any mitigating circumstances when recommending disciplinary action. The Review Committee will provide a report to the Vice Chancellor, normally within 10 days from the establishment of the Review Committee. (g) If the allegations are admitted in part or full by the staff member or the staff member fails to submit a written response, or on receipt of a Review Committee Report, and the VCP is of the view that the conduct amounts to misconduct or serious misconduct, the VCP will advise the staff member in writing of any decision and the operative date of any disciplinary action, which can include: (i) formal censure or counselling; or (ii) demotion by one or more classification levels or increments; or (iii) withholding of an increment; or (iv) termination of employment (for serious misconduct only). (h) The VCP’s decision will be final.

Serious Misconduct in Research. (a) Any allegation of serious misconduct or misbehavior in research will be considered by the VCP. If the VCP believes such allegations warrant further investigation the VCP will: (i) Notify the staff member in writing and in sufficient detail to enable the staff member to understand the precise nature of the allegations, and to properly consider and respond to them;; and (ii) Require the staff member to submit a written response within ten working days. (b) At the time of notifying the staff member under clause (a5.7.1(a), if the VCP is of the view that the alleged conduct amounts to conduct of a kind that it would be unreasonable to require the University to continue employment during a period of notice, the VCP may suspend the staff member with or without pay. The VCP may direct that salary be paid on the grounds of hardship or the staff member may engage in paid external employment or access leave entitlements for any period of suspension without pay. (c) Where a suspension without pay has been imposed and the matter is subsequently referred to a review committee (Review Committee), the VCP will ensure that the Review Committee at its first meeting determines whether suspension without pay should continue. The Review Committee will provide advice to the VCP as to whether the suspension without pay should continue. During any period of suspension the staff member may be excluded from the University, provided that the staff member will be permitted reasonable access to the University for the preparation of the staff member’s case and to collect personal property. (d) If the allegations are denied in part or in full by the staff member, the VCP will give due consideration to the staff member’s response. If the VCP determines that there has been no research misconduct or serious misconduct, the VCP will immediately advise the staff member in writing and any lost income arising from a suspension without pay will be reimbursed. However, if the VCP determines that the allegation/s warrant further investigation, the VCP will refer the matter to a Review Committee to provide advice to the VCP. (e) The Review Committee will comprise a Chair agreed by the Vice-Chancellor and the Union local branch president, a nominee of the Vice-Chancellor and a staff nominee of the Union. The Review Committee will be established by the Vice-Chancellor (or nominee) and will meet as soon as practicable. The Review Committee will act in accordance with Schedule 5. (f) The Review Committee will investigate the allegations and make findings as to whether or not research misconduct or serious misconduct has occurred and recommend what disciplinary action, if any, should be taken. The Review Committee will consider any mitigating circumstances when recommending disciplinary action. The Review Committee will provide a report to the Vice Chancellor, normally within 10 days from the establishment of the Review Committee. (g) If the allegations are admitted in part or full by the staff member or the staff member fails to submit a written response, or on receipt of a Review Committee Report, and the VCP is of the view that the conduct amounts to misconduct or serious misconduct, the VCP will advise the staff member in writing of any decision and the operative date of any disciplinary action, which can include: (i) formal censure or counselling; or (ii) demotion by one or more classification levels or increments; or (iii) withholding of an increment; or (iv) termination of employment (for serious misconduct only). (h) The VCP’s decision will be final.