These procedures are governed by the Student Conduct and Discipline Policy.
2.1 Any person or committee that exercises any power or carries out any function under the Policy and/or this procedure must treat the subject matter in confidence, except as necessary for the discharge of the responsibilities of that person or committee or as otherwise required by law.
2.2 When dealing with a case of alleged misconduct, the decision maker must proceed in a manner that is procedurally fair, subject to the provisions of Section 2.3 and, as applicable, Sections 3.9 and 4.4. The decision maker must also have regard to the general principles set out in the Policy.
2.3 The decision maker will:
- conduct any hearings as expeditiously as practicable, consistent with the need to act fairly;
- not be bound by legal technicalities or the laws of evidence;
- give the student a copy of, or an opportunity to inspect, all relevant evidence in relation to the alleged misconduct;
- give the student a reasonable opportunity to respond to the allegation in writing and to appear before the decision maker to answer the allegation;
- give the student at least five working days' written notice of the date, time and place of any hearing;
- permit the student to be accompanied by a support person, as defined in Section 5 of the Policy and Section 4.4.4 of this procedure;
- permit the student and any support person whom the student appoints to be present throughout the hearing, except when members of a Committee wish to confer privately among themselves or to consider their decision;
- conduct any hearing in closed session;
- decide, to the decision maker's reasonable satisfaction, whether the student has committed misconduct and, if so, given all the circumstances of the case, whether one or more of the penalties allowed should be imposed. In the case of the Discipline Committee or Discipline Appeals Committee, the decision of the majority of Committee members present and votingwill apply.
2.4 The decision maker, as appropriate, may agree in writing with the student at any time to extend the time limits referred to in this procedure or to reschedule the date, time and place for a hearing, with consequential adjustment to the associated timelines.
2.5 The general time limits prescribed for the taking of any actions or steps referred to in this procedure may be extended by the decision maker, noting that the ESOS Act and National Code require notification to an international student in writing within 10 working days.
2.6 Failure of the student to appear at the notified time will not prevent the decision maker from proceeding to investigate and determine the allegation or appeal.
2.7 The decision maker has complete authority to keep order in any proceedings, including the authority to order the removal of any person, including a student and/or their support person, whose conduct is detrimental to the orderly conduct of proceedings.
2.8 When two or more students are alleged to have committed misconduct arising out of the same occurrence or series of occurrences, the decision maker will decide whether their cases or appealsare to be heard separately or together.
2.9 A written record of all proceedings will be maintained. Such record will contain a summary of the matters considered or obtained by the decision maker and the written reasons for decision.
3.1 Reporting alleged misconduct
3.1.1 Any person may make a report of student misconduct to an Authorised Officer. The report should be made as soon as possible after the person reporting becomes aware of the misconduct in question and should be confirmed in writing. The report should contain sufficient information to enable the student to respond to the allegation and include any evidence in support of the allegation.
3.1.2 The Authorised Officers, and their areas of responsibility, to whom any alleged act of misconduct may be reported are listed in Schedule 1 to this procedure.
3.2 Action by authorised officer on receipt of report of alleged misconduct
3.2.1 On receipt of a report of alleged misconduct, the Authorised Officer will:
- In the case of a matter that appears to constitute serious criminal activity, refer the matter to the police and advise the Vice-Chancellor or nominee; and/or
- In the case of a situation of serious risk requiring urgent action, refer the report to the Vice-Chancellor or nominee for action under Section 3.3; or
- refer any allegation of academic misconduct to be dealt with in accordance with the Academic Integrity and Misconduct Policy, under Section 3.4; or
- in any other case, will refer the matter to the Designated Officer for action under Section 3.5.
3.2.2 Where the Authorised Officer considers that the report requires immediate action, the Authorised Officer may take summary action to ensure that the conduct ceases or to mitigate potential harm. Summary action may include (but is not limited to) excluding the student, requiring them to leave the class, examination, facility, premises, campus or site forthwith, provided that the period of such exclusion does not exceed:
- the duration of the class, examination or other activity during which any disruption occurred; or
- in any other case, a period of 24 hours.
3.2.3 The exercise of any such authority must be reported to the Designated Officer within two working days of its exercise, in accordance with Section 3.5.
3.3 Situation of serious risk requiring urgent action
3.3.1 The Vice-Chancellor or nominee may suspend a student and/or take any other action they consider necessary to avert a substantial risk of:
- injury or serious detriment to a person; or
- serious damage to property; or
- serious detriment to the interests or reputation of the University; or
- serious disruption of a University activity.
3.3.2 Matters that fall under the code black (personal threat) incident category of the Critical Incident Management Policy including, but not limited to, alleged sexual/serious assault or violent behaviour, will be referred for management according to the ACU Critical Incident Management Policy. In such instances the Vice-Chancellor may suspend the provisions of Sections 3.3.3 to 3.3.10 of these procedures until such a time as the initial response to the critical incident has been completed.
3.3.3 Before imposing the suspension and/or other action, the Vice-Chancellor or nominee must make a reasonable effort (having regard to the seriousness and urgency of the risk) to provide the student with an opportunity to say why the suspension or other action is not warranted.
3.3.4 A suspension or other action takes effect on the student being notified of the suspension or other action under Section 6 of the Policy.
3.3.5 The Vice-Chancellor or nominee must, within 24 hours, provide a written allegation notice to the student:
- setting out the terms of the decision;
- setting out in summary form the reason for the decision; and
- advising the student of the provisions of the Student Conduct and Discipline Policy and these procedures.
3.3.6 The student may, within five working days of receiving the notice, respond in writing to the notice. The response will be provided to a Discipline Committee for consideration as to whether the terms of the decision should be varied or the decision should be rescinded.
3.3.7 Where the Vice-Chancellor or nominee has made a decision to suspend a student and/or take other action under this Section, they must refer the matter to a Discipline Committee immediately.
3.3.8 The decision of the Vice-Chancellor or nominee ceases to have effect if, 10 working days after the allegation notice is given, the Discipline Committee has not held its first meeting.
3.3.9 If the Discipline Committee has held its first meeting as required by Section 3.3.7, the decision of the Vice-Chancellor or nominee remains in force until the proceedings are finalised or the decision is rescinded, or amended, by the Discipline Committee.
3.3.10 The Discipline Committee, if it has met or, otherwise, the Vice-Chancellor or nominee must lift the suspension if satisfied that the risk that necessitated it has passed.
3.4 Academic misconduct
3.4.1 Any allegation of academic misconduct falling within the Academic Integrity and Misconduct Policy must be dealt with in accordance with that policy.
3.5 Action by Designated Officer
3.5.1 The Designated Officer on their own initiative, or in response to a report, will make preliminary inquiries to decide whether there is a prima facie case of misconduct.
3.5.2 Where the Designated Officer considers that there is no prima facie case, they will recommend to the relevant Associate Vice-Chancellor or Campus Dean that proceedings under this Policy be discontinued.
3.5.3 Where the Designated Officer considers that there is a prima facie case of misconduct they may:
- consult the Director, Office of Student Success and/or Director, First Peoples and Equity Pathways to consider remedial or supportive actions as an alternative to proceedings under this Policy; or
- refer the matter directly to the relevant Associate Vice-Chancellor or Campus Dean for action; and/or
- refer the matter to the Police or other appropriate agency external to the University consistent with Section 3.2.1.
3.5.4 If the matter is to be dealt with by remedial or supportive action under 3.5.3 (a) then such action must be undertaken within 10 working days.
3.5.5 If remedial or supportive action is rejected by the student, or not undertaken within the 10 working day timeframe, the matter will be referred to the relevant Associate Vice-Chancellor or Campus Dean for determination under the Policy.
3.6 Action by Associate Vice-Chancellor or Campus Dean
3.6.1 Upon receipt of a referral of a prima facie case of misconduct from a Designated Officer, the Associate Vice-Chancellor or Campus Dean will, within 10 working days:
- provide a written allegation notice to the student, setting out the alleged misconduct;
- advise the student whether they intend to determine the matter, or refer the matter to a Discipline Committee;
- give the student the opportunity to respond to the allegation of misconduct, providing the date by which any such response must be submitted; such date must be no less than five working days after receipt or deemed receipt of the allegation notice by the student; and
- provide the student with a copy of the Policy on Student Conduct and Discipline and a copy of these procedures.
3.7 Consequences of issue of allegation notice
3.7.1 If a student has been given an allegation notice, the University may, until the proceedings (including any appeal) are finalised, withhold:
- any assessment results or final grades;
- the outcome of any application for credit;
- approval for the student to graduate or receive any statement indicating eligibility to graduate or to receive a diploma or certificate of the University;
3.8 Response by student
3.8.1 The student must respond within the prescribed time and must say whether they admit or deny the alleged misconduct.
3.8.2 If the student does not respond within the prescribed time, the decision maker must proceed to consider and determine the matter. In the case of an international student a decision maker must advise the student of the action to be taken in writing within 10 working days.
3.8.3 If the student responds within the prescribed time the Associate Vice-Chancellor or Campus Dean will consider the response and:
- may discontinue the misconduct action against the student. No record of the matter will be recorded on the student's file; or
- may proceed to consider and determine the matter; or
- may refer the matter to the Discipline Committee for consideration or determination; and
- in all cases must advise the student of the action to be taken in writing within 10 working days.
3.9 Advice to person who made original allegation
The decision maker will advise, in writing, the person making the original allegation as to whether or not action will be taken under this Policy.
3.10 Conduct of proceedings by Associate Vice-Chancellor or Campus Dean or Discipline Committee
3.10.1 Subject to this Section, the provisions of Section 2 will apply to all hearings conducted by an Associate Vice-Chancellor or Campus Dean or Discipline Committee.
3.10.2 A support person accompanying a student at any hearing conducted by an Associate Vice-Chancellor or Campus Dean or Discipline Committee may not be a former or current legal practitioner or a person with a law degree.
3.10.3 The University may not have legal representation at any hearing conducted by an Associate Vice-Chancellor or Campus Dean or Discipline Committee.
3.10.4 A decision about the allegation must be made within 20 working days of receipt or deemed receipt of the allegation notice by the student.
3.11 Notification of decision and, where relevant, of any penalty imposed
3.11.1 The decision maker must, within five working days of the decision being made, advise the student in writing of:
- the process undertaken;
- the decision reached;
- the reasons for the decision;
- any penalty imposed, the time within which any payment is to be made and/or remedial action to be taken by the student, and any conditions thereon;
- the right to appeal under Section 4.
3.11.2 A copy of the notification to the student will be provided to Academic Registrar, and the relevant Executive Dean.
Any student wishing to appeal a student conduct decision may do so in accordance with the Student Appeals Policy.
5.1.1 A fine imposed under this Policy must be paid within 10 working days of receipt or deemed receipt by the student of notification.
5.1.2 Any such fine will be paid into the general funds of the University.
5.1.3 An extension of time for payment may, in their absolute discretion, be granted by the Chief Operating Officer.
5.2 Application for campus service order in lieu of fine
5.2.1 A student ordered by the Designated Officer or a Discipline Committee to pay a fine may, within the time prescribed for its payment under Section 5.1.1, apply to the relevant Associate Vice-Chancellor or Campus Dean to undertake campus service rather than pay the fine.
5.2.2 The relevant Associate Vice-Chancellor or Campus Dean or nominee will, in their absolute discretion, determine the application.
5.3 Campus service orders
5.3.1 If the relevant Associate Vice-Chancellor or Campus Dean approves the substitution of campus service for a fine, the campus service order must be for a period that approximates the value of the fine.
5.3.2 A campus service order:
- will be in writing and will advise the student of the number of hours, nature and conditions of the campus service, and the places and times at which it is to be performed; and
- is not complied with until the relevant Associate Vice-Chancellor or Campus Dean considers that the work required has been satisfactorily completed.
5.3.3 Where a student has been granted a campus service order in lieu of a fine under Section 5.2 there is no appeal concerning the nature or duration of the campus service ordered.
Refer to Section 9 of the Policy.
Schedule 1: Authorised Officers, and their area of responsibility
|Authorised Officer||Area of Responsibility|
|Academic staff||For any act or behaviour which causes serious disruption to any learning, teaching, research or assessment activity|
|Head of School||For any matter relating to the learning, teaching, assessment, research, community engagement or other activities conducted by the School or relating to the facilities of the School.|
|Head of an institute or centre||For any matter relating to learning, teaching, assessment, research, community engagement or other activities conducted by that institute or centre or relating to the facilities of that institute or centre.|
|Executive Dean of Faculty|| |
|Provost||For any matter relating to the learning, teaching, assessment, community engagement or other activities conducted by a Faculty, or relating to the academic facilities of the University.|
|Deputy Vice-Chancellor (Research)||For any matter relating to research students or any matter relating to research conducted within facilities of the University.|
|Deputy Vice-Chancellor (Education)||For any matter arising in, or in connection with a breach of the Social Media Policy,or the provision of services to students or Student Association activities.|
|Director of Libraries||For any matter arising in, or in connection with, the University's library facilities or services.|
|Director of Information Technology||For any matter arising in, or in connection with, the University's computing and network facilities or services.|
|Academic Registrar||For any matter arising in, or in connection with, any AskACU Centre or Student Administration office, facilities or services.|
|Manager of a residential facility||For any matter arising in, or in connection with, that residential facility.|
|Associate Vice-Chancellor or Campus Dean||For any matter occurring on a campus or site for they have responsibility.|
|Designated Officer||For any matter occurring on a campus or site for which they have been designated to undertake that role.|
|Chief Operating Officer||For any matter.|
|Vice-Chancellor||For any matter.|
Page last updated: 2019-09-25
Short url: https://handbook.acu.edu.au/2315909