Managing Student Misconduct Procedures

These procedures are governed by the Student Conduct Policy.

2.1 A student may seek confidential, independent advice from the Student Advocacy Service at any stage.

2.2 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.

2.3 When dealing with a case of alleged misconduct, the decision maker must proceed in a manner that is procedurally fair. The decision maker will:

1. conduct any hearings as expeditiously as practicable, consistent with the need to act fairly;
2. not be bound by legal technicalities or the laws of evidence in the way it conducts any investigations or hearings under this policy;
3. give the student a copy of, or an opportunity to inspect, all relevant evidence in relation to the alleged misconduct;
4. give the student a reasonable opportunity to respond to the allegation in writing and to appear before the decision maker to answer the allegation;
5. give the student at least five working days' written notice of the date, time and place of any hearing;
6. permit the student to be accompanied by a support person, as defined in section 4 of the Policy;
7. 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;
8. conduct any hearing in closed session;
9. manage any actual or imminent threat of harm; and
10. 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, the decision of the majority of Committee members present and voting will apply.

2.4 The decision maker may agree to a request in writing from 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. A student’s failure to appear will be deemed as the student not wishing to make a submission in person.

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 the 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 are 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 Any person may make a report of student misconduct:

1. to an Associate Vice-Chancellor/Campus Dean; or
2. to an Authorised Officer listed in Schedule 1 to this procedure; or
3. by making a formal report of sexual misconduct in accordance with the Student Sexual Misconduct Prevention and Response Procedure. 

3.2 A report of student misconduct:

1. can be made at any time but should be made as soon as possible after the person reporting becomes aware of the misconduct in question;
2. where practicable should be confirmed in writing;
3. should contain sufficient information to enable the University to investigate and for a student to respond to the allegation; and
4. should include any evidence in support of the allegation.

3.3 A report of student misconduct can only be made anonymously if:

1. it is not necessary for the University to be aware of the identity of the report maker to properly respond; or
2. there is independent documentary or other evidence that allows the matter to be investigated fairly.

4.1 On receipt of a report of alleged misconduct, the Authorised Officer will determine whether any, or a combination of, the following immediate actions are required:

1. take summary action under section 4.2 to ensure that the conduct ceases or to mitigate potential harm; and/or
2. in the case of matters that fall under the CODE BLACK (personal threat) or CODE GREEN (sexual assault/harassment) incident categories of the Critical Incident Management Policy including, but not limited to, alleged sexual/serious assault or violent behaviour, refer the matter for management according to the ACU Critical Incident Management Policy and/or Student Sexual Misconduct Prevention and Response Policy in the first instance.;
3. in the case of a matter that may constitute a criminal offence, and where there is not an immediate risk to personal safety, refer the matter to the Office of General Counsel for referral to the police; and/or
4. where there is a serious risk requiring an interim suspension order, refer the report for action under Section 5.

4.2 Summary action may include, but is not limited to, requiring a student to leave the class, examination, facility, premises, campus or site immediately, provided that the period of such exclusion does not exceed:

1. the duration of the class, examination or other activity during which any disruption occurred; or
2. in any other case, a period of 24 hours.

4.3 he Authorised Officer must refer any matter to the relevant Associate Vice-Chancellor/Campus Dean for action under section 6 within two working days.

5.1 The Provost or the Chief Operating Officer may impose an interim suspension order on a student in circumstances where the alleged misconduct raises such a concern that they believe that this is reasonably necessary to avert a substantial risk of:

1. injury or serious detriment to a person; or
2. serious damage to property the University's information assets or information technology resources; or
3. serious detriment to the interests or reputation of the University; or
4. serious disruption of a University activity.

5.2 Before imposing the interim suspension order, the Provost or the Chief Operating Officer 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.

5.3 The Provost or the Chief Operating Officer must, within 24 hours, provide a written notice to the student advising the student:

1. the terms of the decision;
2. the reason for the decision;
3. when the interim suspension will take effect; and
4. the provisions of the Student Conduct Policy and these procedures.

5.4 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.

5.5 Where a decision has been made to impose an interim suspension order under this Section, the matter must be referred to the relevant Associate Vice-Chancellor or Campus Dean for hearing by a Discipline Committee immediately. The Discipline Committee must meet within 10 working days.

5.6 The interim suspension order will continue until either:

1. 10 working days have passed after the notice is given, and the Discipline Committee has not held its first meeting; or
2. the Provost or the Chief Operating Officer is satisfied that the risk that necessitated it has passed; or
3. the order is rescinded, or amended, by the Discipline Committee; or
4. a decision is made on the alleged misconduct including a decision on any penalty to be imposed.

6.1 The Associate Vice-Chancellor or Campus Dean on their own initiative, or in response to a report, will make preliminary inquiries to decide whether there is sufficient evidence in support of the allegation to proceed to further investigation.

6.2 The Associate Vice-Chancellor or Campus Dean may either decide:

1. that no further investigation or action is warranted and advise the relevant Authorised Officer that proceedings under this Policy will be discontinued; or
2. that the alleged misconduct is inadvertent or unintentional and that the student will be counselled and referred to remedial services as an alternative to proceedings under this Policy; or
3. commence an investigation into the alleged misconduct under section 7; and/or
4. where appropriate and where referral has not occurred under section 4.1(c) refer the matter to the Office of General Counsel for referral to the police or other appropriate agency external to the University.

6.3 Where a student has been counselled and referred to remedial services under section 6.2(b), the Associate Vice-Chancellor or Campus Dean may resume proceedings under this Policy if the remedial action:

1. is rejected by the student; or
2. is not undertaken within the specified timeframe.

7.1 Where the Associate Vice-Chancellor or Campus Dean has decided to proceed to an investigation under section 6.2 they will, within 10 working days provide a written allegation notice to the student.

7.2 The allegation notice must:

1. set out the alleged misconduct;
2. advise the student whether they intend to determine the matter, or refer the matter to a Discipline Committee;
3. 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;
4. refer the student to the Student Conduct Policy and these procedures; and
5. notify the student of the availability of confidential, independent advice from the Student Advocacy Service.

7.3 Where a student has been given an allegation notice, the University may, until the proceedings (including any appeal) are finalised, withhold:

1. any assessment results or final grades; and/or
2. approval for the student to graduate or receive any statement indicating eligibility to graduate or to receive an award of the University.

7.4 The student must respond within the prescribed time and must say whether they admit or deny the alleged misconduct.

7.5 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. A student’s failure to respond within the prescribed time period will be deemed as the student not wishing to provide a response in relation to the alleged misconduct.

7.6 If the student responds within the prescribed time the Associate Vice-Chancellor or Campus Dean will consider the response and:

1. may discontinue the misconduct action against the student. No record of the matter will be recorded on the student's file; or
2. may proceed to consider and determine the matter; or
3. may refer the matter to the Discipline Committee for consideration or determination; and
4. in all cases will advise the student of the action to be taken in writing within 10 working days.

7.7 A decision about the allegation must be made within 20 working days of receipt or deemed receipt of the allegation notice by the student.

8.1 The Associate Vice-Chancellor or Campus Dean must, within five working days of the decision being made, advise the student in writing of:

1. the process undertaken;
2. the decision reached;
3. the reasons for the decision;
4. 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;
5. the right to appeal under section 9.

8.2 The decision maker will a provide a summary of action taken under this Policy, in writing, to the person who made the original allegation.

8.3 A copy of the notification to the student will be provided to Academic Registrar, and the relevant member of the Executive.

Any student wishing to appeal a student conduct decision may appeal to the University Appeals Committee in accordance with the Student Appeals Policy.

10.1 Fines

10.1.1 A fine imposed under this Policy:

1. must be paid within 10 working days of receipt or deemed receipt by the student of notification; and
2. will be paid into the general funds of the University.

10.1.2 An extension of time for payment may be granted by the Chief Operating Officer.

10.1.3 A student ordered to pay a fine may, within the time prescribed for its payment under section 10.1.1(a), apply to the relevant Associate Vice-Chancellor or Campus Dean to undertake campus service rather than pay the fine.

10.1.4 The relevant Associate Vice-Chancellor or Campus Dean or nominee will determine the application.

10.1.5 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.

10.2 Campus service orders

10.2.1 A campus service order:

1. 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
2. is not complied with until the relevant Associate Vice-Chancellor or Campus Dean considers that the work required has been satisfactorily completed.

10.2.2 Where a student has been granted a campus service order in lieu of a fine there is no avenue of appeal concerning the nature or duration of the campus service ordered.

10.3 Exclusion

10.3.1 While a student is excluded under section 7.3 (f) of the Policy, they must not, without the prior written consent of the Provost or Chief Operating Officer:

1. attend any class;
2. sit any examination;
3. submit any work for assessment;
4. gain any credit for any studies or learning or practical experience undertaken at this University of elsewhere;
5. access the whole or any nominated part(s) of any campus or site or any of the University’s library, computing and network or other facilities or services;
6. be reimbursed any fees paid, or be relieved of responsibility to pay any fees payable, by the student in relation to any such period; or
7. be re-enrolled.

10.3.2 Following the expiry of the nominated period of exclusion, the following provisions apply:

1. the student may re-enrol;
2. the student must not resume studies without first consulting the Course Coordinator regarding the requirements for completion of their program;
3. where the period of exclusion is two standard study periods, the student will normally be required to complete the program in accordance with the conditions and program rules in force at the time of the return;
4. the Course Coordinator may require the student to demonstrate professional competence and/or to complete remedial study or other requirements before enrolling in any professional experience unit or unit containing professional experience.

10.4 Undischarged penalties

10.4.1 While any penalty imposed under this policy remains outstanding, unfulfilled or unpaid, or while a student is excluded or suspended from any campus or site, the student is not entitled, without the written consent of the Provost or the Chief Operating Officer to:

1. re-enrol;
2. receive any results of assessment;
3. receive or be granted credit for any course or unit; or
4. graduate or receive any statement indicating eligibility to graduate or receive a diploma or certificate of the University.