1996 Swinburne Higher Education Handbook

4. Misconduct
4.1 Misconduct in research is constituted by a
failure to comply with the provisions of
the code and, without limiting the generality
of the following, includes:
the fabrication or falsification of data
the use of another person's ideas,
work or data without appropriate
acknowledgement,
misleading ascription of authorship
to a publication
5. Procedures for dealing with Allegations of
Misconduct
5.1 Complaint
5.1.1 A complaint of misconduct in
research is to be made to a member
of the Research Ethics Sub-
Committee of the Research
Advisory Committee.
5.1.2 A member of the Research Ethics
Sub-Committee who has received a
complaint must inform the Vice-
Chancellor of the complaint as soon
as practicable, and provide the Vice-
Chancellor with all available
information relevant to the
complaint.
5.1.3 When the Vice-Chancellor receives a
complaint under paragraph 5.1.2 the
Vice-Chancellor must inform
immediately the person against
whom the complaint is made.
5.1.4 Where the Vice-Chancellor is
satisfied that complaint constitutes
an allegation of serious misconduct
under the Australian Universities
Academic Staff Conditions of
Employment Award 1988, the Vice-
Chancellor must deal with the
allegation in accordance with clause
9 of this Award.
5.1.5 Where the Vice-Chancellor is
satisfied that a complaint constitutes
an allegation of misconduct under
the code but does not constitute an
allegation of serious misconduct
under the Award, the Vice-
Chancellor must appoint a person or
persons with appropriate
qualifications to undertake an
enquiry into the complaint.
5.1.6 Where the Vice-Chancellor is
satisfied that a complaint cannot be
sustained, the Vice-Chancellor must
dismiss the complaint and inform
the person making the complaint
accordingly.
Enqu ~irv
5.2.1
5.2.2
Where the Vice-Chancellor is
satisfied that there is no reasonable
basis for a complaint, the Vice-
Chancellor must determine if it is
appropriate to take disciplinary
action against the person making the
complaint.
An enquiry established under
paragraph 5.1.5 of the Code must be
completed as expeditiously, and with
such confidentiality, as the
circumstances of the complaint
permit.
The Vice-Chancellor must inform
the person who is the subject of the
complaint of the terms of the
complaint, the decision to undertake
an enquiry, and the person or
persons appointed to undertake the
enquiry.
The Vice-Chancellor must also
provide the person w ho is the
subject of the complaint with an
opportunity to respond in writing to
the complaint within thirty days of
notification, and an opportunity to
make oral submissions to the person
or persons appointed to undertake
the enquiry during the hearing of
the complaint.
The person or persons appointed to
undertake an enquiry must advise
the Vice-Chancellor whether, in
their opinion, the person who is the
subject of the complaint is guilty of
misconduct.
The Vice-Chancellor must inform
the person who is the subject of the
complaint and the person making
the complaint of the finding of the
person or persons appointed to
undertake the enquiry.
Where the Derson or Dersons
appointed to undertake an enquiry is
or are satisfied that the person who
is the subject of the complaint is
guilty of misconduct, the Vice-
Chancellor must determine whether
it is appropriate to take disciplinary
action against that person.
Where the person or persons
appointed to undertake an enquiry is
or are satisfied that there is no basis
for a complaint, the Vice-Chancellor
must determine whether it is
appropriate to take disciplinary
action against the person making the
complaint.