Staff Misconduct Procedures
Document Type
Human Resources Policy
Administering Entity
President
Latest Amendment
/Approval Date
September 2021
Approval Authority
Institute Board
Indicative time of Review
Triennially (September 2024)
Responsibility for review
Campion Executive Committee
DOCUMENT ID: HRPOL016
VERSION: v4.0
CUSTODIAN: Director of Operations
AUTHORISED BY: President
• Staff Code of Conduct
• College Mediator Policy
•
Related Documents
Staff Grievance Procedures
• Anti-Discrimination,
Anti-
Bullying, & EEO Policy &
Procedures
1.
Purpose
This policy has been developed to outline the processes and procedures to be followed
in relation to allegations of misconduct or serious misconduct by staff at Campion
College.
2.
Definitions
College Mediator means an external person appointed by the President to investigate
a complaint, an allegation of misconduct, or an allegation of serious misconduct and
to make recommendations based on the outcome.
Conflict of interest means an
interest, involvement or information which may
influence or be perceived to influence a person’s ability to make objective
recommendations or decisions in investigating an issue of misconduct.
Disciplinary action means action by the College to discipline a staff member in one of
the following ways:
a) formal censure or counselling;
b) withholding of a salary increment;
c) demotion;
d) suspension with, or without pay;
e) reallocation of duties/transfer to another position; and
f) in the case of serious misconduct, termination of employment without
notice.
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Investigating Officer means an internal person appointed by the President to
investigate a complaint, an allegation of misconduct, or an allegation of serious
misconduct and to make recommendations based on the outcome.
Misconduct means conduct including:
• negligence in the performance of duties of the position held;
• Misbehaviour, unsatisfactory and/or inappropriate conduct;
• refusal to carry out a lawful and reasonable instruction consistent with the
duties of the employee’s contract of employment;
• a breach of the College’s code of conduct, rules, policies or procedures.
but which is not so serious as to justify the possibility of termination of
employment.
Procedural Fairness means procedures that support the Principles of Natural Justice
including the provisions that:
• Staff are informed, with adequate notice, of allegations and proceedings,
• Staff are provided with opportunity to respond and be heard
• Decision makers are without conflict of interest or prior involvement in the
case
• Proceedings are carried out and determinations made without bias
Representative means:
a) in relation to a staff member, a person who assists or speaks on behalf of a
staff member;
b) in relation to the College, a person who assists or speaks on behalf of the
College;
and in either case, excludes a person who is currently practising as a solicitor or
barrister.
Serious misconduct is misconduct of a willful nature that would make it unreasonable
to require the College to continue employment of the staff member concerned,
although other forms of disciplinary action may be imposed. Serious misconduct may
include:
a) theft from the College, or from staff or students;
b) abuse, threatening behaviour or assault;
c) serious and imminent risk to the health and safety of another person;
d) serious risk to the reputation, viability or profitability of the College.
e) conduct of a kind which constitutes a significant impediment to the carrying
out of a staff member's duties or to the staff member's colleagues carrying
out their duties;
f) conviction by a court of an offence or judgement entered in a court or
tribunal which constitutes a serious impediment of the kind referred to in
(e);
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g) conduct of a kind which is grossly in conflict with the moral teaching of the
Catholic Church;
h) serious dereliction of the staff member’s duties;
i) intoxication at work, including being under the influence of drugs;
j) academic misconduct.
Serious misconduct can be a single occurrence or a pattern of behaviour.
3.
Scope
The procedures outlined in this document apply to all staff members employed by
Campion College.
4.
Principles
4.1 The College expects its staff to behave professionally at all times, and follow
College policies and procedures in undertaking their duties.
4.2 All allegations of misconduct must be dealt with as quickly as possible.
4.3 Staff accused of misconduct must be provided with procedural fairness.
4.4 Victims of misconduct, especially criminal acts, must be provided with free
counselling services and information about other support services.
4.5 Students reporting an alleged act of staff misconduct must be afforded complete
confidentiality.
4.6 No student reporting an alleged act of misconduct should be in fear of acts of
reprisal and the College will demonstrate zero-tolerance of such acts.
4.7 The College takes a zero-tolerance approach to proven cases of physical or
emotional harm caused by one student toward another individual.
4.8 These procedures operate within the context of, and subject to, State and
Commonwealth anti-discrimination and harassment legislation and within the
context of other College rules, policies and procedures.
5.
Procedures
5.1. Allegations of misconduct or serious misconduct will be considered in the first
instance by the employee's supervisor. Where there is a perceived conflict of
interest on the part of the supervisor, they may refer the matter to their own
supervisor. If the initial inquiry determines that the allegation does not meet the
required standard of proof, no further action will be taken under this procedure.
If the initial inquiry determines that an allegation of misconduct or serious
misconduct is of sufficient substance to warrant an investigation the supervisor
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will then consult their own supervisor and the President to initiate the
investigation process.
5.2. Any allegation of misconduct or serious misconduct will be considered by the
President. If he/she believes such allegation(s) warrant further investigation,
the President will:
a) notify the staff member in writing and in sufficient detail to enable the staff
member to understand the precise nature of the allegation(s) and to
properly consider and respond to them; and
b) require the staff member to submit a written response to the allegation(s)
within five (5) working days of the date of receipt of the written allegation(s).
5.3. At the time of notifying the staff member, if the President is of the view that the
alleged conduct is such that it would be unreasonable to require the College to
continue the staff member's attendance at work pending investigation of the
allegation(s), the President may suspend the staff member with or without pay.
5.4. However, where suspension without pay occurs:
a) the staff member may engage in paid employment with another
organisation or draw on any recreation leave or long service leave
entitlements for the duration of the suspension without pay;
b) the President may at any time direct that salary be paid on the grounds of
hardship;
c) the Investigating Officer or College Mediator, if appointed, will have the
power to amend the nature of the suspension to one with pay from the date
on which the suspension took effect.
5.5. During any period of suspension, the staff member may be excluded from the
College campus. An exception to this is that the staff member will be permitted
reasonable access to the College to collect personal property.
5.6. If each of the allegation(s) made against the staff member is denied by the staff
member, and the President is of the view that there has been no misconduct or
serious misconduct, he/she will immediately advise the staff member in writing.
5.7. If one or more of the allegation(s) are admitted by the staff member and the
President is of the view that the conduct constitutes misconduct or serious
misconduct, the President will advise the staff member in writing of the decision
and the operative date and details of the disciplinary action to be taken.
5.8. If each of the allegation(s) is wholly or partly denied, or if the staff member has
not responded to the allegation(s), the President may:
a) decide to take no further action; or
b) in the case of partial denial or non-response, counsel or censure the staff
member in relation to the conduct in question and take no further action; or
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c) refer the matter to an Investigating Officer or College Mediator.
5.9. Where a matter is referred to the Investigating Officer or College Mediator for
investigation:
a) the Investigating Officer or College Mediator will be provided with:
i. a copy of the written allegation(s) of misconduct or serious
misconduct; and
ii. a copy of any written reply to the allegation(s) by the staff member;
b) the Investigating Officer or College Mediator will:
i. have the right to interview persons and receive written statements
from persons regarding the allegation(s);
ii. abide by procedural fairness.
c) the person who is the subject of the allegation(s) of misconduct or serious
misconduct will:
i. have the right to call witnesses for interview by the Investigating
Officer or College Mediator, give evidence, make submissions and
present additional documentation which is relevant to the
investigation of allegations of misconduct or serious misconduct;
ii. be provided with a copy of all written statements received by the
Investigating Officer or College Mediator and with a reasonable
opportunity to provide a verbal or written response to matters raised
in those written statements;
d) the College will be entitled to be represented in the proceedings before the
Investigating Officer or College Mediator by a representative who will have
the same rights as are granted to the relevant staff member pursuant to
paragraph 4.8 (3);
e) the Investigating Officer or College Mediator will keep a record of
proceedings. The record of proceedings will be available to the President
upon request. Proceedings of the Investigating Officer or College Mediator
will be conducted in camera unless otherwise agreed;
f) the Investigating Officer or College Mediator will provide the President and
the staff member with a written report containing a finding including
whether any mitigating circumstances are evident, as to whether or not, in
the Investigating Officer’s or College Mediator’s view, the allegation(s) have
been established on the balance of probabilities.;
g) the Investigating Officer or College Mediator will perform their role as
expeditiously as possible. In any event, the Investigating Officer or College
Mediator will in the absence of any agreement to the contrary with the
President, complete the report within 20 working days of being established;
and
h) following consideration of the report from the Investigating Officer or
College Mediator (which will not be binding on the President), if the
President determines that misconduct or serious misconduct has occurred,
the President will determine whether or not to impose disciplinary action
and, if so, what that disciplinary action will be. The President will
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communicate his/her decision to the staff member in writing and a copy will
be placed on the relevant files.
5.10. A decision not to impose disciplinary action where there has been misconduct
or serious misconduct cannot be construed as an admission that there was no
conduct justifying a previous decision to suspend without pay and any payment
for lost salary during a period of suspension will be at the President's discretion.
5.11. Where a staff member has been suspended without pay pending the decision of
the President, then any lost salary will be reimbursed if there was no misconduct
or serious misconduct.
5.12 All actions of the President under this procedure will be final except that nothing
in this procedure will be construed as excluding the jurisdiction of any external
court, tribunal or commission competent to deal with the matter
6.
Roles and Responsibilities
6.1 All staff must be familiar with these procedures and are responsible for their
implementation.
7.
References
7.1 Individual employment agreements
7.2 Enterprise Agreement 2017-Academic Staff
7.3 These procedures have been benchmarked with the Australian Catholic
University’s “Staff Misconduct and Serious Misconduct Policy” for its outline of
the process for managing misconduct and serious misconduct cases.
8.
Policy History
Version
Date of approval
Amendment
1
2009
New policy under title: “Disciplinary Action for
Misconduct and Serious Misconduct”
2
2015
Change of title
3
December 2018
• Addition of items 1, 4, 6, 7, and 8.
• Addition of Appendix A
4
September 2021
No amendments
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Appendix A – Outline of Procedures
Emergence of allegation or allegations of misconduct or serious misconduct
Initial inquiry conducted by employee’s supervisor.
Does the result of this initial inquiry warrant further investigation?
No
Yes
Staff member is advised that no
The supervisor will then inform their
further action will be taken under
own supervisor and the President to
this procedure
initiate the investigation.
The President will notify the staff member in writing of the details of the
allegations and will invite the employee to respond within five days.
If the staff member denies the
If the staff member admits the
allegations or fails to respond, the
allegations in part or in full or fails
President may take no further action
to respond, the President may take
or refer the matter to an
disciplinary action
Investigating Officer or College
Mediator
The Investigating Officer or College
The precise disciplinary action will
Mediator must submit a report to the
be determined by the President and
President within 20 days.
communicated to the employee.
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