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Monash University

55. RESEARCH MISCONDUCT

     (a) Where the Vice-Chancellor determines that an allegation or group of allegations includes an allegation of serious research misconduct (which is serious misconduct in respect to research), the following variations to the procedures in clauses 53.7 to 53.13 shall apply:

     (b) The procedures at clauses 53.7 to 53.13 will be applied as if reference to misconduct or serious misconduct is a reference to serious research misconduct and the Vice-Chancellor may proceed to appoint a Misconduct Investigation Committee to deal with the allegations. The Vice-Chancellor shall appoint a Chair and members of the Committee (other than the NTEU nominee appointed under clause 11.1) in accordance with these provisions, but prior to appointing a Chair will notify the President of the Monash University NTEU Branch (or delegate) of the proposed appointment and will consult with the President of the Monash University NTEU Branch (or delegate) if the President of the Monash University NTEU Branch (or delegate) wishes consultation on that appointment.

     (c) The Chair of the Misconduct Investigation Committee shall not be a staff member employed by the University, but shall be experienced in the conduct of tribunals of fact.

     (d) Prior to determining the composition of the Committee, the Vice-Chancellor shall confer with the NTEU Branch/President of the NTEU to ensure that the Committee includes:

  • at least one member with sufficient expertise and standing in a discipline relevant to the allegation of research misconduct (or in a cognate discipline) such that that member will be capable of understanding and assisting the other members of the Committee to understand any technical, research or scientific questions which may be in dispute; but who will be seen as clearly independent of any of the participants. (The parties recognise that this may require that a nominee who may ordinarily be required to be a staff member of the University, may in these circumstances not be a staff member);

  • at least one member with expertise in investigating research conduct issues, either through his or her academic study or through the administration of research. (The parties recognise that this may require a nominee who may ordinarily be required to be a staff member of the University, may in these circumstances not be a staff member).

     (e) In order to achieve the requirements of (d) above the Vice-Chancellor and the NTEU Branch President may agree that an additional member or members (up to 2), above, be added to the membership of the Committee (so there may be five members).

     (f) Notwithstanding these procedures, where the Vice-Chancellor and the President of the NTEU Branch agree that the, allegations of research misconduct appear to involve action in concert between staff members of more than one employer, and each such employer is, in respect of the relevant staff members, covered by an enterprise agreement to which the NTEU is a party, the relevant CEOs of the employers and the NTEU may agree in writing that a joint inquiry be held. The procedures for such a joint inquiry shall be agreed in writing, and where this occurs, those agreed procedures shall apply in substitution for the procedures otherwise set out in this Agreement.