7.2.1 Action to Address Misconduct or Serious Misconduct Principles
18.104.22.168 The provisions of this clause are a complete code to address possible misconduct or serious misconduct. The provisions do not apply to casual staff or during a staff member's minimum period of employment.
22.214.171.124 The provisions of this clause in no way restrict the University from carrying out investigations relating to the consequences of conduct of a staff member or former staff member when required to do so in the public interest.
126.96.36.199 The University may instigate an investigative process that might give rise to disciplinary action for misconduct or serious misconduct where it appears that a staff member may have committed a breach of the law or a serious breach of a University policy.
188.8.131.52 Nothing in this Agreement prevents a Member of the Executive or Senior Executive, or the Vice-Chancellor and President from referring a question of possible misconduct or serious misconduct to a supervisor for appropriate action or from undertaking an enquiry into a staff member's behaviour.
184.108.40.206 Throughout the proceedings associated with misconduct or serious misconduct, a staff member may choose to be assisted by a person of their choice, provided that person is not a practising barrister or solicitor.
220.127.116.11 Proceedings associated with misconduct or serious misconduct will be conducted in line with natural justice and procedural fairness.
18.104.22.168 The Vice-Chancellor and President may at any time suspend a professional staff member with pay, or an academic staff member with or without pay, if the Vice-Chancellor and President is of the view that the alleged conduct amounts to conduct of a kind envisaged in Regulation 1.07 of the Fair Work Act Regulations 2009, so that it would be unreasonable to continue the staff member's attendance at work pending further investigation.
22.214.171.124 The management of misconduct/serious misconduct will be in accordance with the University Misconduct and Serious Misconduct Policy and Procedures.
7.2.2 Misconduct and Serious Misconduct
126.96.36.199 If an allegation of misconduct or serious misconduct (as defined in clause 1.3) is made, the staff member will be:
188.8.131.52 If the staff member admits to the allegations, and if appropriate in the University's view, the University may give the staff member a reasonable opportunity to improve their conduct, otherwise the matter will be considered by the Vice-Chancellor and President under clause 7.2.4.
7.2.3 Suspension and additional allegations
184.108.40.206 Where an allegation of serious misconduct has been made against a staff member, the Vice- Chancellor and President, may, at any stage during the procedures under this clause, suspend a professional staff member with pay, or an academic staff member with or without pay, until the conclusion of the matter provided that:
220.127.116.11 While suspended, the staff member will be excluded from the University or any identified parts of the University, but will be permitted reasonable access to the University including electronic records to prepare their case and to collect personal property.
18.104.22.168 If at any stage during the procedures under this clause, it is found that the allegation(s) should be amended or new allegations added, or the allegation(s) contain additional elements which amount to serious misconduct, the staff member must be advised of this in writing and be given a further reasonable opportunity to be heard and to make written submissions prior to any further steps being taken by the University.
22.214.171.124 The Vice-Chancellor and President will consider the allegation(s) and the staff member's response.
126.96.36.199 The Vice-Chancellor and President may seek additional information prior to making their decision if it is considered necessary.
188.8.131.52 The Vice Chancellor and President may determine that allegation(s) of serious misconduct amount only to misconduct.
184.108.40.206 The Vice-Chancellor and President will advise the staff member in writing of their decision as to whether there was misconduct and or/ serious misconduct. If there was misconduct and/or serious misconduct, the Vice-Chancellor and President will notify the staff member of their decision, any disciplinary action and of the operative date of that disciplinary action.
220.127.116.11 The staff member's employment may be terminated without notice (or payment in lieu) if they have engaged in serious misconduct. If the Vice-Chancellor's decision is to terminate for serious misconduct without notice, the decision will take effect at the end of ten (10) working days after notification under clause 18.104.22.168, or if the staff member seeks a review in accordance with clause 7.2.5 and the original decision is confirmed under clause 22.214.171.124 will take effect at that time.
126.96.36.199 If the Vice-Chancellor and President determines that no disciplinary action will be taken and the staff member has been suspended under clause 188.8.131.52, the staff member will be reinstated at no loss of salary of conditions.
184.108.40.206 Except where the staff member seeks a review in accordance with clause 7.2.5 of a decision to terminate or demote, the Vice-Chancellor and President's decision under clause 220.127.116.11 is final, subject to the jurisdiction of any court or tribunal which, but for this clause, would have jurisdiction to deal with the matter.
7.2.5 Review of Decision - Termination of Employment or Demotion
18.104.22.168 If a decision made under 22.214.171.124 is a decision to terminate the employment of a staff member or to demote, a staff member may seek review of the decision of the Vice-Chancellor and President within ten (10) working days of the staff member receiving notice of the decision.
In order to request a review, a staff member must provide the Chief People Officer, with the following materials at the time the request is lodged:
7.2.6 Independent Review
126.96.36.199 If the staff member seeks a review in accordance with clause 7.2.5 the Chief People Officer will engage an Independent Reviewer within ten (10) working days and provide the reviewer with the request for review and materials. The Independent Reviewer is to be agreed between the University and the NTEU or CPSU NSW as appropriate.
188.8.131.52 The University will provide the Independent Reviewer with its submissions and any supporting materials within ten (10) working days of the request for review.
184.108.40.206 The Independent Reviewer will report their findings and recommendations to the staff member and the Vice-Chancellor and President or Chief People Officer, outlining:
220.127.116.11 The Independent Reviewer will consider material provided in accordance with clause 18.104.22.168. The Independent Reviewer may seek additional information if the Independent Reviewer considers that this is necessary.
22.214.171.124 The Independent Reviewer will provide their report within ten (10) working days of receiving the University's submissions to the Vice-Chancellor and President or Chief People Officer of the matters in the clause.
126.96.36.199 The Chief People Officer, will not unreasonably refuse a request from the Independent Reviewer for an extension of time of up to ten (10) working days.
7.2.7 Further consideration of termination or demotion decision
188.8.131.52 The Vice-Chancellor and President having considered the Independent Reviewer's report, may confirm the original decision or may reconsider the preliminary decision and determine what, if any, disciplinary action should be taken. The Vice-Chancellor and President may seek additional information if the Vice-Chancellor and President considers that this is necessary.
184.108.40.206 The Vice-Chancellor and President will then advise the staff member's supervisor or relevant member of the Executive and the staff member in writing of the decision.
220.127.116.11 Where the original decision was to terminate the staff member's employment and this is confirmed, the notice period (if any) (or payment in lieu) will then apply from the written notification in clause 18.104.22.168.
22.214.171.124 The decision of the Vice-Chancellor and President will be final, subject to the jurisdiction of any court of tribunal which, but for this clause, would have jurisdiction to deal with the matter.
7.2.8 Notice Periods in Relation to Serious Misconduct
126.96.36.199 Where, in accordance with provisions of this clause, the Vice-Chancellor and President has confirmed a decision to terminate the employment of a staff member, notice or payment in lieu will be as provided in accordance with this clause. The staff member will receive the minimum period of notice, or payment in lieu of notice, of their last day of employment as outlined below:
|Period of Continuous Service at the end of the day notice is given||Period of Notice|
|Less than 3 years||At least 2 weeks|
|3 years but less than 5 years||At least 3 weeks|
|5 years or over||At least 4 weeks|
|Over 45 years old and greater than 2 years continuous service||Plus one additional week to the above|
188.8.131.52 Payment instead of notice will be made if the University does not require the person to work out the notice period. Where the staff member is only required to work part of the notice period, the University will pay out the remainder of the notice period.
184.108.40.206 Any payments in lieu of notice will be based on the staff member's substantive salary at the date of cessation of employment.
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