(1) This Procedure outlines the processes for managing and investigating potential breaches of the UOW Code of Practice – Responsible Conduct of Research in compliance with the Australian Code for the Responsible Conduct of Research (2018) and supporting ‘Guides’ and the UOW ‘Managing and Investigating Potential Breaches of the Research Code Policy’. (2) In some cases, the University may deviate from the steps outlined in this procedure if it decides it is appropriate and necessary to do so, having regard to the circumstances of that case, but in all cases the principles of procedural fairness will be applied, and the parties involved or affected will be provided adequate details of the process(es) to be followed. (3) This procedure has been adapted (and in some parts duplicated) from the Guide to Managing and Investigating Potential Breaches of the Australian Code for the Responsible Conduct of Research (2018)(the Guide), authored by the National Health and Medical Research Council (NHMRC), the Australian Research Council (ARC) and Universities Australia. (4) This Procedure applies to all persons at the University of Wollongong. This includes staff, students and all other persons conducting research as a university affiliate or while visiting the University. (5) The cessation of a respondent’s employment, candidature or visitation will not affect the application of this Procedure. (6) Parties to this Procedure must also adhere to the University Code of Conduct or for students the University Student Conduct Rules, the Conflict of Interest Policy, and the Code of Practice – Responsible Conduct of Research. (7) If staff (including Research Integrity Advisors during the provision of advice) or students become aware of a potential breach of the Code, they are obligated to report it. (8) If staff or students become aware of adverse consequences, such as bullying, harassment, or loss of employment, experienced by a complainant for making a complaint, or a respondent named in a complaint, these must be reported in line with the appropriate University policy and procedure. (9) On receipt of a complaint all reasonable efforts will be made to protect the Complainant and any interested parties from adverse consequences such as through concealing the identity of the Complainant or any other interested party who provides information throughout the management of a complaint where this may be necessary and appropriate. (10) The general principle of timeliness applies at all times. However, potential breaches occur along a spectrum, and some are more complex and serious than others, requiring more time for the collection of evidence, deliberation, and the exercise of judgement. (11) To avoid actual or apprehended bias, to the extent possible no individual will be appointed to more than one decision making role in an investigation. (12) Those involved in the management of a potential breach of the Code under this procedure are expected to adhere to the safety and wellbeing principles of the Managing and Investigating Potential Breaches of the Research Code Policy. Communication with complainants and respondents should, throughout the process, include appropriate referrals to available support services and advise of the right to a support person. (13) Where a matter is dismissed, a complainant may be provided with an opportunity to discuss the decision with the Designated Officer or their delegate. (14) Urgency provisions may be implemented at any step of the Procedure, under which a recommendation for interim measures may be made by the Designated Officer or their delegate to the Deputy Vice-Chancellor and Vice-President, as deemed necessary. For example, this may occur where an alleged breach is a serious risk to humans, animals or the environment; involves the possibility of interference with evidence; or is otherwise considered to be serious enough to warrant immediate action. (15) Throughout the management of a potential breach under this procedure the Designated Officer and Assessment Officer will at all times maintain confidentiality and will require all parties to observe confidentiality. The Complainant will be notified where it is considered that procedural fairness requires the disclosure of the complainants’ identity. (16) The Research Integrity Team must maintain and manage records of documents, communication and actions related to a concern or complaint in line with the University records management and privacy policies. (17) If systemic issues are identified, these must be referred to the appropriate University process by the Designated Officer or their delegate. (18) If the alleged breach of the Code occurred when the Respondent was a student at, or employed by, another institution, the matter may be referred to that institution for action. (19) Where a complaint is received in the context of a multi-institutional collaboration, the institution undertaking the preliminary assessment and investigation will be determined on a case-by-case basis taking into consideration: (20) There may be times when a complaint involves several matters that need to be managed by different internal complaints handling processes. It may be appropriate for the complaints handling to be conducted sequentially by different units, from the most to least serious matter; or it may be appropriate for the complaints handling to be conducted contemporaneously (during the same period) through joint management. The Designated Officer or their delegate will determine, in consultation with other Units, the best possible complaints handling process in such circumstances. (21) If at any stage of the management of a complaint there are findings that relate to potential fraud and corruption, or other breaches of The University Code of Conduct or other University policies, the finding must be referred in a timely manner to the appropriate University process for assessment and investigation. (22) Processes initiated under this procedure may be suspended on the grounds of procedural fairness or where there is an external investigation or inquiry into the same factual matters as those alleged to constitute a breach of the Code. (23) If at any stage the Respondent admits to allegation(s) the Designated Officer, or their delegate, may proceed to advise the Responsible Executive Officer (REO) to make a determination without further investigation. (24) If at any point it becomes apparent that a complaint about a breach of the Code is frivolous, misconceived or otherwise lacking in substance, the process may stop, in the absence of other aspects of the investigation that need to be considered. The decision to stop the process must be documented with reasons. The University may act if a person makes a complaint that is frivolous or in bad faith. Examples of frivolous or bad faith complaints include but are not limited to: (25) Obtaining advice about a potential breach: (26) Reporting a potential breach: (27) Acknowledgement of the complaint or concern will be provided in writing, ideally within 3 working days of its receipt. Referral to support services should be included as appropriate. (28) The senior officer responsible for the Research Integrity Team will appoint a Designated Officer to manage the initial review. (29) If a complainant seeks protections under public interest disclosure legislation, or the DO identifies the need for protections afforded under the University’s Serious Wrongdoing Reporting Policy, the Designated Officer should refer the matter to a designated Disclosure Officer, Disclosure Coordinator, or the Vice-Chancellor and President promptly without further assessment. (30) The Designated Officer may make discreet enquiries or seek confidential advice to determine whether the complaint relates to a potential breach of the Code and involves: (31) If the complaint does not satisfy these conditions, it will be either: (32) If the complaint satisfies the conditions of clause 30 and relates to circumstances where several complaints about a person or persons are made through different complaints processes, or the complaint includes elements that are governed by different policies and procedures, the Designated Officer should seek internal advice e.g. from Governance and Policy Division or Office of General Counsel, to determine which policy and procedure takes precedence; the order in which assessment and investigation will proceed; whether co-investigation is possible; and the protocols to be established to manage the matter. (33) Subject to the outcome of any enquiries made per clause 30, the Designated Officer will determine whether the matter will be: (34) If the complaint relates to a Higher Degree by Research (HDR) candidate, an application to withdraw from enrolment will not be actioned until the outcome of any Preliminary Assessment or Investigation. (35) Once the Designated Officer has made a determination on how to manage a complaint, the Complainant will be notified in writing, ideally within three (3) working days. This notification should include: (36) The purpose of the Preliminary Assessment is to gather and evaluate facts and information, and assess whether the complaint, if proven, would constitute a breach of the Code. (37) The Designated Officer will appoint an Assessment Officer to conduct a Preliminary Assessment. In doing so, the Assessment Officer will: (38) If, during the Preliminary Assessment, the complaint is found to be unrelated to a breach of the Code or includes details of behaviours that may be managed through another University process, the Assessment Officer will refer the complaint back to the Designated Officer with this finding. The Designated Officer may refer the complaint, or parts of the complaint, to another process pursuant to the relevant University Policy, Code, Procedure or Enterprise Agreement. (39) The risk assessment will be updated periodically throughout the Preliminary Assessment. (40) The Assessment Officer may seek to interview a complainant or respondent where this is considered necessary to complete the Preliminary Assessment. Where this occurs parties must be advised of the option to bring a support person. (41) During the Preliminary Assessment, and prior to completing the Assessment Report, a complainant and/or respondent should be invited to provide feedback and clarify information provided, within a specified timeline provided by the Assessment Officer. (42) Upon consideration of the Preliminary Assessment Report, the Designated Officer will determine on the basis of the information available whether the allegation of a breach of the Code should be: (43) The Complainant and Respondent will be notified in writing of the outcome of the Preliminary Assessment with sufficient information to explain how the decision was reached in relation to each allegation. The level of information provided to the Complainant in relation to the outcome will vary on a case-by-case basis and will depend on the details received in the complaint, the significance of the matter to the Complainant, confidentiality and privacy considerations, and the safety and wellbeing of all parties. (44) Where the complaint is referred to investigation, the information provided to the Complainant and Respondent must include: (45) Where the Respondent admits to the allegation(s) in full the Designated Officer may make a finding that a breach of the Code has occurred, the extent of the breach, and recommend actions to the REO for determination. (46) Where the Respondent denies the allegations in full or part the Designated Officer may convene a Panel to conduct an Investigation. (47) The purpose of the investigation is to make findings of fact to allow the Responsible Executive Officer (REO) to determine whether a breach of the Code has occurred, the extent of the breach and recommended actions to the REO for determination. (48) In convening a Panel, the Designated Officer will: (49) In determining the size and composition of the Panel, factors such as the potential consequences for those involved, the seniority of those involved and the need to maintain public confidence in research should be considered. The Designated Officer may determine that some or all Panel members should be external to the University to ensure independence from both the University and the parties involved. (50) In selecting Panel members, the Designated Officer will consider: (51) Once members have been selected, the Respondent and Complainant will be advised of the Panel’s composition and provided an opportunity to raise specific concerns. (52) Panel members will be appointed in writing and external members indemnified. Panel members are expected to: (53) The Research Integrity Team will provide secretariat support to the Panel, develop a timeframe and communication plan, update the risk assessment and maintain the record of evidence. (54) Prior to its initial meeting, Panel members will be: (55) During its initial meeting the Panel should: (56) Any party who attends the Panel will be given adequate notification and advised that they may bring a Support Person. (57) The principles of procedural fairness generally do not include a right to legal representation. The Panel may permit legal or specialist representation at its discretion. The Panel may then seek a similar level of representation. (58) Where the Panel considers that a person may be unable to represent themselves adequately due to the complexity of the matter the Panel may take steps to ensure procedural fairness, such as through allowing extra time to consider matters or encouraging a greater reliance on written evidence. (59) The Respondent will be provided with an opportunity to respond to the allegation(s) and relevant evidence, and to provide additional relevant information. If the Respondent chooses not to respond or attend the Panel, the investigation will continue in their absence. (60) Where interviews take place, persons interviewed must be given the opportunity to review the notes of the meeting, transcript or recording of their interview and provide corrections or clarification within a specified timeframe. (61) The Complainant may be given the opportunity to respond to relevant information used in the Investigation, for example if they are directly affected by the outcome of the investigation. (62) The Panel may request the Designated Officer to amend the scope of the Investigation and/or Terms of Reference during the Investigation on the basis of new information. The Respondent and relevant others will be advised and given the opportunity to respond to any new material or allegations which arise, where appropriate. (63) The Panel is to decide on: (64) In considering the seriousness of a breach, the Panel may have regard to the following factors: (65) On completion of the investigation, the Panel will prepare a draft final Investigation Report which outlines the findings of fact and any recommendations in accordance with the Terms of Reference. The draft final report, or a summary of the relevant information from the report, will be provided to the Respondent for comment on the factual correctness of the information. The draft final report or report summary may also need to be provided to the Complainant if their interests may be directly affected by the outcome. (66) Following consideration of any submissions provided in response to the draft report, the Panel will finalise its report on the findings of fact, any mitigating circumstances, any systemic issues identified and recommendations for appropriate corrective actions. If the Panel did not come to a consensus, dissenting views will also be detailed in the report. (67) The Panel will endeavour to provide the Investigation Report to the Designated Officer within fourteen (14) calendar days of completion of the investigation. (68) The Designated Officer will consider the report and provide the final report to the Responsible Executive Officer with recommendations. (69) On receipt of the Investigation Report, The Responsible Executive Officer: (70) Corrective actions in response to a breach must be proportionate to the severity of the breach. (71) A finding of a minor breach of the Code may lead to corrective actions that may include: (72) A finding of a major breach of the Code may lead to corrective and/or disciplinary actions where deemed appropriate and in accordance with the relevant enterprise agreement. (73) Corrective actions in response to a major breach may include: (74) A Corrective Actions Plan to implement the decision of the REO will be developed by the Research Integrity Team, detailing the corrective actions required, the person responsible for each action and the nominated completion date for each action. (75) The Executive Dean or equivalent is responsible for overseeing any corrective actions required. The Executive Dean or equivalent is responsible for reporting to the REO and the Research Integrity Team regarding the corrective actions and their resolution on an agreed timeframe. (76) Where systemic issues are identified, a Corrective Actions Plan will be developed by the Research Integrity Team and referred to the appropriate University process. (77) Recommendations that disciplinary actions may be required for staff will be referred to People and Culture for consideration, per Definitions ‘Disciplinary Actions’ of this Procedure. (78) Recommendations that disciplinary actions may be required for students and HDR candidates will be managed per Definitions ‘Disciplinary Actions’ for this Procedure. (79) If at any stage potential fraud or corruption, or other breach of the University Code of Conduct or other University policies is identified, it must be referred to the appropriate University process in a timely manner. (80) The University may take action under the relevant code of conduct if a person makes an allegation that is frivolous or in bad faith. Examples of frivolous or bad faith include, but are not limited to: (81) The Responsible Executive Officer’s decision/s will be made in writing to the Designated Officer in a timely manner. (82) Following receipt, the Designated Officer will notify the Complainant and Respondent of the determination in a timely manner. The notification will include: (83) The Designated Officer will endeavour to contact the immediate supervisor or alternative to ensure adequate support is in place prior to communicating the outcome to the Respondent and Complainant, where appropriate to do so. (84) The Designated Officer will also: (85) The purpose of a review is to consider whether there were deficiencies of procedural fairness during an investigation and, accordingly, make findings about the outcome. (86) A request for a review of the Responsible Executive Officer’s decision must be lodged in writing by the Respondent to the Research Integrity Team at uow-researchintegrity@uow.edu.au within twenty (20) working days of notification of the outcome of the Investigation. (87) The request must: (88) The Research Integrity Development and Ethics Unit will endeavour to acknowledge the request for a review within five (5) working days of receipt and advise the expected timeline for the decision about the request. (89) The Designated Officer can decide to accept or reject the request for a review, on the basis that it does, or does not, relate to procedural fairness. (90) Where the request for review is accepted, the Designated Officer or delegate will appoint a Review Officer who was not involved in the original decision to conduct the review. It may be necessary to appoint an external person with relevant experience and knowledge to this role. (91) The Review Officer should endeavour to complete the review within twenty eight (28) calendar days, and: (92) Upon completion of the review, the Review Officer will communicate the outcome to the REO, the Research Integrity Team and any other relevant party to action recommendations as appropriate. The Research Integrity Team will notify the outcome to the person requesting the review. (93) Respondents and Complainants must be advised that they may apply to external bodies such as the Australian Research Integrity Committee and the Ombudsman for an external review of the University’s investigative processes into potential breaches of the Code. (94) Assessment Officer(AO): Conducts a Preliminary Assessment and provides a Preliminary Assessment Report for the Designated Officer. (95) Designated Officer (DO) is a senior officer of the University e.g., a Deputy Vice-Chancellor and Vice-President (DVC) or the Associate Director, Research Integrity and Ethics, or their delegate, and is responsible for: (96) Executive Dean or equivalent within a Department or Centre, is responsible for: (97) The Panel is appointed by the REO on a case-by-case basis and is responsible for: (98) Research Integrity Advisor (RIA): (99) Research Integrity Team (RIT) is responsible for: (100) Responsible Executive Officer (REO) is a senior officer at the University such as a Deputy Vice-Chancellor and Vice-President(normally the DVC responsible for research integrity), Vice-Chancellor and President or Chief Operating Officer and Vice-President Operations and is responsible for: (101) Review Officer (RO) is a Deputy Vice-Chancellor and Vice-President (or officer of similar seniority) not in the role of REO for the same matter, or their delegate, and is responsible for conducting a review of an Investigation on the grounds of procedural fairness where required.Managing and Investigating Potential Breaches of the Research Code Procedure
Section 1 - Introduction/Background
Section 2 - Scope and Purpose
Section 3 - Key Principles
Management of a complaint
Cross institutional arrangements
Matters involving other internal complaints handling processes
Circumstances where a process may be discontinued
Top of PageSection 4 - Reporting a Potential Breach of the Code
Top of PageSection 5 - Triage
Top of PageSection 6 - Preliminary Assessment
Top of PageSection 7 - Referral to Investigation
Section 8 - Investigation
Composition of the Panel
Conduct of the Investigation
Outcomes of the Investigation
Corrective actions
Minor Breaches
Major Breaches
Corrective Actions Plan
Other
Communicating the Findings
Review
Section 9 - Roles & Responsibilities
Section 10 - Definitions
Risk assessment
The overall process of risk identification, risk analysis and risk evaluation to determine if any action is required to address any immediate potential harms related to the complaint and minimise adverse impacts arising during the course of investigation of the complaint.
Support Person
A support person’s role is to provide personal support, within reasonable limits, to the respondent or the complainant. Their role is not to advocate, present or speak on the other person’s behalf. A lawyer may be a support person, but they must act within the parameters of the role.
The Code
NHMRC (2018) Australian Code for the Responsible Conduct of Research.
The Guide
NHMRC (2018) Guide to Managing and Investigating Potential Breaches of the Australian Code for the Responsible Conduct of Research.
The Panel
The Panel is the name of the body that conducts the Investigation. It may be one or more persons depending on the nature of the matter referred for investigation.
NHMRC
National Health and Medical Research Council.
REO
Responsible Executive Officer. See Section 9, Roles and Responsibilities for details.
RIA
Research Integrity Advisor See Section 9, Roles and Responsibilities for details.
RIO
Research Integrity Officer. Professional staff position in the RIEO. Undertakes aspects of complaint management and investigation as required.
RIEO
Research Integrity and Ethics Office. See Section 5, Roles and Responsibilities for details.
RIT
Research Integrity Team. The unit within the RIEO responsible for research integrity.
RO
Review Officer. See Section 5, Roles and Responsibilities for details.
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A clear communication strategy should be included in the preliminary risk assessment.
Word/Term
Definition (with examples if required)
Alternative Dispute Resolution Strategy
Mediation, conciliation or any other form of facilitated dispute resolution process designed to allow the complainant and the respondent to reach a mutual understanding on the issues in dispute and on strategies to resolve the complaint.
AO
Assessment Officer. See Section 9, Roles and Responsibilities for details.
Balance of probabilities
The civil standard of proof, which requires that, on the weight of evidence, it is more probable than not that a breach has occurred.
Breach
A failure to meet the principles and responsibilities of the Code, may refer to a single breach or multiple breaches
Bullying
The Fairwork Ombudsman defines bullying as when a person or group of people repeatedly act unreasonably towards a worker or a group of workers; the behaviour creates a risk to health and safety.
Unreasonable behaviour includes victimising, humiliating, intimidating or threatening. Whether a behaviour is unreasonable can depend on whether a reasonable person might see the behaviour as unreasonable in the circumstances
Concern
A person may express concern about a research practice and seek advice about it in relationship to the Code, without making a complaint. A concern may form the basis for Triage or Initial Assessment. Once a determination is made to refer a concern to Investigation, it becomes a complaint, and is analysed to identify allegation/s.
Corrective action
Action initiated by the University to correct a specific breach, improve research conduct more generally, or to modify administrative processes. E.g. actions deemed necessary to correct the research record, address researcher behaviour or improve systemic issues.
Disciplinary action
Action by the University to discipline a member of staff, a student or HDR candidate for unsatisfactory performance, misconduct or serious misconduct and is limited to:
Academic Staff: As defined in the current University of Wollongong (Academic Staff) Enterprise Agreement.
Professional Staff: As defined in the current University of Wollongong (Professional Services Employees) Enterprise Agreement.
Students and HDR Candidates: As defined by the University Student and HDR Candidate Conduct Rules and Procedures.
DO
Designated Officer. See Section 9, Roles and Responsibilities for details.
HDR Student
Masters or doctoral students who are undertaking research degrees. If it is alleged that an HDR student has engaged in an act of misconduct while undertaking a coursework subject, they will be investigated according to the Academic Misconduct (Coursework) Procedures. If the misconduct is alleged to have occurred during the course of their research project, then they will be investigated according to the Managing and Investigating Potential Breaches of the Research Code Policy.
Investigation
The action of investigating an allegation of a breach of the Code by a Panel established for that purpose.
Local resolution
Corrective actions undertaken within a Faculty, Department or Centre in response to a complaint or following a preliminary assessment.
Remedial action
Action initiated by the University following a finding of a breach of the Code. These include corrective actions and/or any other actions directed by the Responsible Executive Officer.
Responsible Executive Officer
The Responsible Executive Officer (REO). See Section 9, Roles and Responsibilities for details.