1 Policy Statement

The University will manage misconduct or serious misconduct of employees in accordance with the provisions of relevant legislation, agreements and awards.

(Approved by Council June 1998)

2 Procedures

2.1 Investigation

Prior to initiating any action in accordance with 2.2 through 2.5, the University will make every effort to resolve instances of possible misconduct or serious misconduct through guidance, counselling or other appropriate action.  If the concerns are not able to be resolved, then the University may undertake an initial investigation process to establish whether a complaint can be reasonably substantiated or clarified with no need for further action.

The investigation process will be conducted in accordance with the principles of natural justice and procedural fairness and may include questioning other individuals who may be involved in or observed the incident in question.  Where there is a reasonable suspicion of serious misconduct having occurred, the University will advise the Crime and Misconduct Commission.

Where the Vice-Chancellor determines that there is a case of misconduct or serious misconduct to answer, then the process in 2.2 will be initiated.  Where the Vice-Chancellor determines that there is no case of misconduct or serious misconduct to answer, there will be no further action taken by the University.

2.2 Formal Action

Any allegation of misconduct or serious misconduct will be considered by the Vice-Chancellor.  If the Vice-Chancellor believes such allegations warrant further investigation, the Vice-Chancellor will:

• Notify the employee in writing and in sufficient detail to enable the employee to understand the precise nature of the allegations, and to properly consider and respond to them;  and

• Require the employee to submit a written response within 10 working days from the receipt of the letter.

If the allegations are denied by the employee, and the Vice-Chancellor is of the view that there has been no misconduct or serious misconduct, the Vice-Chancellor will immediately advise the employee, in writing, and may, by agreement with the employee, publish the advice in an appropriate manner.

If the allegations are admitted in full by the employee, and the Vice-Chancellor is of the view that the conduct amounts to misconduct or serious misconduct, the Vice-Chancellor will advise the employee, in writing, of the Vice-Chancellor's decision and the operative date of the disciplinary action.

If the allegation is denied in part or in full, or if the employee has not responded to the allegations, the Vice-Chancellor will refer the matter to a Misconduct Investigation Committee unless the Vice-Chancellor decides to take no further action or counsel or censure the employee for unsatisfactory behaviour and take no other action.

2.3 Suspension

At the time of notifying the employee under 2.2, or subsequently, in exceptional circumstances the Vice-Chancellor may suspend the employee on full pay, or may suspend the employee without pay if the Vice-Chancellor is of the view that the alleged conduct amounts to serious misconduct such that it would be unreasonable to require the University to continue the employee’s employment during a period of notice. 

Where suspension without pay occurs at a time when the employee is on paid leave of absence the employee will continue to receive a salary for the period of leave of absence.

The employee may engage in external paid employment or draw on any annual leave or eligible long service leave credits during the suspension without pay.

The Vice-Chancellor may direct that salary be paid on the grounds of hardship.

Where a suspension without pay has been imposed and the matter is subsequently referred to a Misconduct Investigation Committee, the Vice-Chancellor will ensure that the Misconduct Investigation Committee at its first meeting determines whether suspension without pay should continue.  The Misconduct Investigation Committee will provide advice as to whether the suspension without pay should continue.

During any period of suspension the employee may be excluded from the University, provided that the employee will be permitted reasonable supervised access to the University campus and to request relevant documentation in order to prepare their response to any allegations of misconduct or serious misconduct that has been made against them; and to collect or have personal property returned.

2.4 Misconduct Investigation Committee

The terms of reference of the Misconduct Investigation Committee are to report on the facts relating to the alleged misconduct or serious misconduct, including whether any mitigating circumstances are evident.

Where a matter is referred to a Misconduct Investigation Committee, the Vice-Chancellor will convene the Misconduct Investigation Committee within 10 working days, where practicable.

The Misconduct Investigation Committee will consist of:

• A Chairperson agreed between the Vice-Chancellor and employee representatives on the Staff Consultative Committee;

• An employee nominated by the Vice-Chancellor;

• An employee nominated by the employee representatives on the Staff Consultative Committee.

A Committee member has an obligation to advise of any conflicts/s or potential conflicts of interest that may undermine the application of natural justice and procedural fairness.

A Misconduct Investigation Committee which is considering allegations of misconduct may, where it is convinced that the merits and facts of the particular case go substantially beyond those contained in the initial allegation, indicate that the allegation must be considered one of serious misconduct.

The employee must be clearly informed, in writing, of which new matters the Misconduct Investigation Committee considers may constitute serious misconduct and be given full opportunity to respond.

The Misconduct Investigation Committee will:

• provide an opportunity for the employee against whom the allegations are made to be interviewed by it and ensure that the employee has adequate opportunity to answer allegations of misconduct or serious misconduct;

• consider such further materials as it believes appropriate to substantiate or otherwise the facts in dispute;

• interview any other person it sees fit to establish the merits or facts of the particular case;

• ensure that the employee, or their nominated representative, and the Vice-Chancellor or delegate, or nominated representative, have the right to ask questions of interviewees, to  make submissions and to present and challenge evidence;

• conduct its proceedings in camera (unless otherwise agreed) as a Committee of inquiry as expeditiously as possible consistent with the need for fairness;

• keep a taped record of the proceedings (but not its own deliberations), which will be available on request to the employee or the Vice-Chancellor;

• make its report available to the Vice-Chancellor and the employee within 10 working days following the conclusion of the Committee’s proceedings.

At any stage during the process, the employee may be represented by a nominated representative. The Vice Chancellor or delegate may also be represented by a nominated representative.

2.5 Report to Vice-Chancellor

On receipt of the report of the Misconduct Investigation Committee, and having considered its findings on the facts related to the alleged misconduct or serious misconduct, the Vice-Chancellor may take disciplinary action.

If the Vice-Chancellor is of the view that there has been no misconduct or serious misconduct the Vice-Chancellor will immediately advise the employee in writing, and may, by agreement with the employee, publish the advice in an appropriate manner.

Where an employee has been suspended without pay pending the decision of the Vice-Chancellor, any lost income will be reimbursed if there was no misconduct or serious misconduct.  However, a decision taken by the Vice-Chancellor, at the Vice-Chancellor's discretion, not to dismiss or impose another penalty, will not be construed as an admission that there was no conduct justifying suspension without pay.

The University is not constrained from carrying out other investigations relating to the consequences of conduct of an employee.

All actions of the Vice-Chancellor under this Section will be final, except that nothing in this Section will be construed as excluding the jurisdiction of any external court, tribunal or commission competent to deal with the matter.

3 Definitions

4 Other Policy Information