Statute 10 Student Conduct and Discipline

10.1 Introduction

As articulated in its Mission Statement¹, Australian Catholic University shares with universities world-wide a commitment to quality in teaching, research, and community engagement. It aspires to be a community characterised by free inquiry and academic integrity. In all its endeavours, it is guided by a fundamental concern for justice and equity, and for the dignity of all human beings.

The dignity of the human person will be the foundation and criterion for mutual relationships in the life of the University. It is expected that this will be expressed by a responsible commitment on the part of all students and staff to justice, equity and concern for mutual well-being, actively informed by a sensitivity to individual circumstances, individual and collective responsibility, and situations of injustice.

The Mission Statement and the above principles underpin this Statute which recognises the reciprocal relationship between individual and community rights and responsibilities. Students on all campuses must behave in a way that –

1. allows reasonable freedom to others to pursue their studies, research, duties, community engagement and other lawful activities in the University or on a campus or site and to participate in the life of the University;
2. recognises the University objective of pursuit of academic excellence and that academic standards and proper procedures are essential in achieving that objective;
3. promotes the proper use of University facilities and information and the property of the University and of other persons and/or organisations on its campuses and on sites at which it conducts its activities or at other legitimate activities organised by the University’s Student Associations.

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10.2 Objects

The objects of this Statute are to –

1. promote the principle of mutual respect by informing students of behaviour which the University community considers appropriate;
2. discourage behaviour which the University community considers inappropriate;
3. implement procedurally fair practices for dealing with possible cases of misconduct;
4. provide for the imposition and enforcement of penalties for proven misconduct.

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10.3 Interpretation

In this Statute:

Academic staff means any member of University staff employed as an academic; it includes casual and sessional staff as well as contract and permanent staff, in accordance with the relevant provisions of an Enterprise Agreement.

Allegation notice means the notice the University gives to a student to commence formal misconduct proceedings.

Assessment means evaluation of a student’s performance by written or oral examinations, assignments, presentations, theses or other means notified in Unit Outlines.

Associate Vice-Chancellor means any person holding such an academic leadership and management position so designated in the Australian Catholic University.

Australian Catholic University or Universitymeans Australian Catholic University Limited (ABN 15050192660).

Campus or site includes -

1. any land which for the time being is the property of the University or in its possession or under its control or on which it is conducting its lawful business, together with any structure whether permanent or temporary on that land;
2. any place or premises at which research, workshops, camps, field excursions, examinations or any other study, research or community engagement related activity controlled or supervised by the University, or at which legitimate activities organised by the University’s Student Associations, are conducted;
3. any place or premises at which clinical, professional, practical, volunteer work, vocational placements or other activities forming part of a course or unit offered by the University take place; and
4. any other place or premises deemed by the Senate to be a University campus or site.

Campus Dean means any person holding such an academic leadership and management position so designated in the Australian Catholic University.

Campus service means any activity in aid of the University or a student of a kind which is declared by an Associate Vice-Chancellor or Campus Dean or nominee to be a campus service for the purposes of this Statute.

Class includes any lecture, tutorial, seminar, laboratory, practical, field or other teaching, learning or assessment activity, regardless of the medium in which it is conducted (eg face-to-face, on-line, distance).

Computing and network facilities includes, but is not limited to, computers, computer systems, email and other communications networks, websites and information facilities, together with associated software, files and data storage and retrieval. It includes on-line teaching resources.

Counselling means counselling through the University’s Student Services or other organisation agreed between the student and the decision-maker.

Dean means the Deans as defined in Section 1.1.1 of Statute 1 and the Dean of Students.

Decision-maker means a Designated Officer, Discipline Committee or Discipline Appeals Committee.

Designated Officermeans a person designated as such, for the purpose of this Statute, by the relevant Associate Vice-Chancellor or Campus Dean. A Designated Officer will normally be appointed for a term of not less than two years.

Exclusion, except where the context indicates otherwise, means denial of access to all or specified University premises, facilities, activities, services, courses, units, lectures, tutorials, examinations or aspects of University life; and “excluding” and “exclude” have corresponding meanings.

Harassment means behaviour that is not wanted and not asked for and that a reasonable person would have anticipated could cause offence, intimidation or humiliation.

Head of School means a Head of School as defined in Section 1.1.1 of Statute 1 or the Head of an academic Institute.

Legal practitioner means a person admitted to legal practice according to the law of the relevant State or Territory.

Librarian means the Director of Libraries and/or the Library Manager responsible for any campus library.

Manager means a person who is the head of an organisational unit as defined by the University structures, as determined from time to time.

Member of the public means any person who is neither a member of staff nor a student.

Member of staff means any person employed or engaged by the University and any person assigned to the University or appointed in an honorary capacity.

Misconduct includes, but is not limited to, conduct or behaviour by a student that –

1. impairs the reasonable freedom of others to pursue their studies, research, duties, community engagement or other lawful activities in the University or on a campus or site or to participate in the life of the University;
2. hinders the pursuit of academic excellence by circumvention of academic standards and proper procedures in relation to teaching and learning, assessment or research;
3. interferes with, causes damage to or loss of, or obstructs the use of, any facilities, information or property owned or controlled by the University or owned or controlled by any person or organisation while such property or facilities is or are lawfully on any campus or site;
4. misrepresents any matter pertaining to the student and/or his/her status or studies within the University;
5. amounts to, causes or contributes to a breach of the policies, regulations, rules or procedures of the University or of a body where the student is undertaking research, field, clinical, practical or professional experience, education, assessment or community engagement;
6. constitutes a failure to comply with a lawful direction given by a person authorised by the University to ensure the safety of any person, the preservation of any property or the maintenance of good order within the University or under this Statute or any other University policy, regulation, rule or procedure;
7. encourages, persuades or incites any other person to engage in conduct or behaviour constituting misconduct;
8. is disorderly or detrimental to the interests or good repute of the University;
9. impairs the orderly functioning of the University and/or its activities; or
10. hinders actions initiated under this Statute or adversely affects persons in any way associated with the conduct of investigations, determination of cases or imposition or implementation of penalties under this Statute.

The term includes conduct of an individual student or of a group of persons which includes a student.

Mission means the Mission as set out in the Mission Statement of Australian Catholic University as endorsed by the Senate.

Officer has the same meaning as “member of staff”.

Penalty points means the quantum of a penalty imposed under this Statute. The Deputy Vice-Chancellor (Administration and Resources) will each year determine and publish the quantum of penalty points in terms of fines and campus service².

Procedural fairnessmeans practices that are impartially applied, and free from bias, prejudice or injustice in line with established processes or conventions and the Mission.

Deputy Vice-Chancellor means a person appointed as Deputy Vice-Chancellor under clause 23 of the Constitution.

Deputy Vice-Chancellor (Administration and Resources) means the senior administrative officer of Australian Catholic University.

Relevant Associate Vice-Chancellor or Campus Dean means the Associate Vice-Chancellor or Campus Dean with responsibility for the campus upon which events which are the subject of consideration under this Statute have occurred.

Senate means the Senate of Australian Catholic University.

Student includes –

1. a person who is enrolled in any course, unit or non-award study offered by or at the University;
2. a student of another university or other education provider who is granted temporary or on-going rights of access to a campus or site of the University;
3. a person who has deferred enrolment in a course or unit;
4. a person who has applied for admission to undertake study offered by or at the University;
5. a person who was previously enrolled in any course, unit or non-award study offered by or at the University and is interacting with the University in relation to his or her status as a student.

Student Association means an Australian Catholic University Student Association and includes any campus Student Association established under a constitution approved by the Vice-Chancellor.

Support person means a person appointed by a student to accompany the student in any hearing. The support person may not be a person who was involved in, associated with, or alleged to have been involved in or associated with the alleged misconduct.

Suspension means the cancellation of a student’s enrolment at the University for a specified period and associated entitlement to enter or remain upon any campus or site or participate in any University-related activity; and “suspend” has a corresponding meaning.

Vice-Chancellor means the Vice-Chancellor appointed from time to time under clause 21 of the Constitution.

Statutes 1.1.2, 1.1.3 and 1.1.4 do not apply to this Statute.

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10.4 Application³

10.4.1 This Statute applies to all students of the University. The University may deal with misconduct under this Statute if the person was a student at the time of the alleged misconduct and may proceed as if the person had continued to be a student, even if the person ceases to be a student before proceedings are instituted or finalised.

10.4.2 In any case where a student is in a gathering or group of students and/or other persons and the group engages in conduct that would constitute misconduct if engaged in by a student (called ‘group conduct’), the student is taken to have engaged in each act of misconduct constituting the group conduct, if he/she did not take all reasonable steps to dissociate from the gathering or group as soon as practicable after he/she became aware of the group conduct.

This Statute applies to conduct occurring or allegedly occurring after 31 December 2005.

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¹Extracted from “Mission Statement (1998)”.

²In 2006, one penalty point is equivalent to $50 or 2 hours campus service. These figures are subject to periodic review.

³This Statute should be read in conjunction with the following:
Academic Regulations
Academic Honesty Policy
Assessment Policy
Computer, Internet and Telephone Acceptable Use
Cultural Diversity Policy
Intellectual Property Policy
Privacy Policy
Research and Professional Doctorate Degree Regulations
Policy on Quality Teaching and Learning
Sexual Harassment Policy
Staff Code of Conduct