Serious Student Health Conditions Policy

1.1 The purpose of this Policy is to provide a framework and procedurally fair practices for dealing with a student with a serious health condition where it is alleged that such a condition will:

1. impact adversely on a student’s capacity to demonstrate the capabilities, knowledge and skills to achieve the learning outcomes of a course or unit; and
2. impose the necessity for adjustments or facilities that cannot reasonably be provided;
   or
3. create a reasonably apprehended risk of adverse consequences.

This Policy applies to all students of the University.

3.1 All actions under this policy are to be based on values that are consistent with the University Mission and to be underpinned by principles of mutual respect and procedural fairness for and by all students, staff and others who may be involved.

3.2 When exercising powers under this Policy, the relevant officer will act in accordance with the provisions of relevant Federal and State legislation, in particular anti-discrimination and workplace health and safety legislation, the Fair Work Act and relevant judicial decisions, including decisions of the relevant State Equal Opportunity or Anti-Discrimination Commission or the Australian Human Rights Commission.

Terms used in this policy and associated procedures are consistent with the ACU Glossary of Terms. The following specific definitions also apply:

Medical examination means an examination by a registered medical practitioner.

Medical reports means reports on the student’s health condition provided by a medical practitioner or any other health or allied health practitioner to whom the student has been referred by a medical practitioner.

Notifiable disease means a health condition notifiable under any relevant state, territory or federal legislation.

Serious health condition includes:

1. an illness, condition, notifiable disease, or disability for which the student requires adjustments or facilities that in the circumstances of the case cannot reasonably be provided and without which:
   1. the student or any other person may be physically endangered; or
   2. the student would not be able to demonstrate the capabilities, knowledge and skills to achieve the learning outcomes of a course or unit.
2. an illness, or physical or psychiatric condition, including any notifiable disease, that creates a reasonably apprehended risk that any of the following consequences may ensue on University premises or during university endorsed activities:
   1. physical injury to the student concerned or any other person;
   2. harassment of any member of, or visitor to, the University;
   3. serious emotional disturbance to any member of, or visitor to, the University;
   4. serious disruption to academic or other activities; or
   5. serious damage to property.

Visitor to the University means any person lawfully on University premises.

The provisions of the Academic Regulations regarding formal communications with students will apply to communications issued under this policy.

6.1 Health Assessment Committee

6.1.1 A Health Assessment Committee will comprise:

1. the Director, Office of Student Success as Chair;
2. a person who has relevant knowledge of the type of health condition or disability-related issue on the basis of which a decision is being made; and
3. a member of academic staff from the academic discipline in which the student has been enrolled.

6.1.2 A Health Assessment Committee will not include:

1. the Deputy Vice-Chancellor (Education and Innovation);
2. any member of staff who has been involved in consideration of the matter at an earlier stage under this Policy;
3. a person who has treated the student for the health condition in question; or
4. a person who has given advice to the student in relation to the matter.

6.2 Health Appeals Committee

6.2.1 A Health Appeals Committee will be appointed by the Deputy Vice-Chancellor (Education and Innovation) and will comprise:

1. a Chair, who must be a member of academic staff at the level of Head of School or above; and
2. two other members of staff.

6.2.2 A Health Appeals Committee will not include:

1. the Deputy Vice-Chancellor (Education and Innovation);
2. any member of staff who has been involved in consideration of the matter at an earlier stage under this Policy;
3. the Director or other senior officer responsible for any organisational unit providing services of the type to which the appeal relates;
4. a person who has treated the student for the health condition in question; or
5. a person who has given advice to the student in relation to the matter.

6.2.3 A quorum of the Committee is all three members.

6.2.4 The Deputy Vice-Chancellor (Education and Innovation) may appoint a person, not being a member of the Health Appeals Committee, to assist the Committee with matters of procedure, the presentation of evidence, the calling and questioning of witnesses and/or persons who may provide information or advice to the Committee, and/or the making of submissions to the Committee.

7.1 If proceedings have been brought against a student under the Student Conduct and Discipline Policy and it appears that the student may have a serious health condition, the Associate Vice-Chancellor or Campus Dean should suspend further proceedings under the Student Conduct and Discipline Policy and deal with the matter in accordance with this policy.

7.2 If, as a result of action being taken under Section 7.1, the student is found to have a serious health condition and their enrolment is refused, terminated or suspended, the Associate Vice-Chancellor or Campus Dean may permanently stay the proceedings under the Student Conduct and Discipline Policy or determine that those proceedings be deferred for such period of time as they may determine.

7.3 If, after action being taken under Section 7.1, the student is found not to have a serious health condition, the Associate Vice-Chancellor or Campus Dean must reinstate the proceedings under the Student Conduct and Discipline Policy.

7.4 If a student has engaged in behaviour that is found under this policy as not being attributable to a serious health condition but might otherwise be regarded as misconduct under the Student Conduct and Discipline Policy, the Director, Office of Student Success or the Health Assessment Committee may refer the student’s conduct for consideration under the Student Conduct and Discipline Policy.

8.1 If a student’s enrolment in a program or unit is cancelled or the student withdraws from a program or unit following a determination under this policy:

1. the Academic Registrar will relieve the student of liability, which may include refund of moneys already paid, for any Higher Education Loan Program (HELP) debt (FEE-HELP or HECS-HELP) or their student contribution or tuition fees in the current study period; and
2. the Head of School will grant the student a WW grade (Withdrawn Without Academic Penalty) for the unit/s in the current study period.

8.2 If a student, whose enrolment in a program or unit is subject to a condition imposed under this policy, and breaches any such condition, the Deputy Vice-Chancellor (Education and Innovation) may, after giving the student an opportunity to make a submission:

1. suspend the student’s enrolment from the program or unit; or
2. affirm the existing conditions; and/or
3. impose alternative conditions.

8.3 Where any responsible officer has formed a reasonable belief that a student undertaking clinical training has an impairment that may either in the course of study or clinical training, place the public at substantial risk of harm, the University has a mandatory obligation to report this concern to the relevant professional and registration authority. Such action must only be taken on the advice of the Office of General Counsel and the Deputy Vice-Chancellor (Education and Innovation).

9.1 The Academic Registrar must keep a record of all decisions taken under this policy and of the supporting documentation taken into consideration in reaching those decisions.

9.2 These records will form part of the student’s confidential file and be subject the University’s Privacy Policy. They may be made available:

1. to persons within the University if, in the opinion of the Deputy Vice-Chancellor (Education and Innovation), they have a legitimate need to know; and
2. to persons outside the University in response to a court order, warrant or subpoena; and
3. to the relevant professional and registration authority where the University has raised a concern about a student.

9.3 If there is no determination of a serious health condition, either at the preliminary investigation, the Health Assessment Committee review, or on appeal, no documentation regarding the matter will be placed on the student's file.

9.4 Any such documents will be maintained in accordance with the Records and Archives Management Policy.