Statute 6.4

Student conduct

Preamble

1.  This statute provides a basis for ensuring that the University offers a conducive environment for the pursuit of academic and scholarly activities by promoting appropriate conduct of students of the University.

 

Conduct of Students

2.  A student of the University is required to abide by the statutes, regulations and other lawful directions of the University.

3.  A student must respect the rights and welfare of other persons who use the University, and the reasonable freedom of such other persons to pursue their studies, research, duties or activities. A student will not wilfully damage or use without authority the property of the University and will ensure that his or her conduct does not infringe the rights of other members of the University.

4.  A student found to be acting in a manner which does not accord with these principles will be subject to action in accordance with this statute and policy and procedures pursuant to the statute, on the grounds of misconduct.

 

Student Rights and Responsibilities

5.  A student who is the subject of action under this statute will, before being required to participate in any process identified herein be entitled to:

(a)  be informed of the allegations made against him or her;

(b)  be informed of his or her rights and responsibilities in accordance with University statutes, regulations, and policies; and

(c)  be informed of support or representation which he or she is entitled to have. 

 

Responsibilities of the University 

6.  The University is required to exercise a duty of care towards its staff and students, and those who use its facilities and property, and to provide a safe, secure and suitable environment for the conduct of educational, scholarly and community activities.

7.  The Council will establish processes which are consistent with the principles of natural justice for handling a matter of misconduct under this statute.

 

Processes for Resolving a Matter

8.  The University will seek to resolve a matter under this statute by discussion and mediation, unless such an approach is impracticable or inappropriate.

9.  The University will establish a Board of Inquiry to resolve by way of a formal inquiry a matter which cannot be resolved by discussion. The Council will approve policy and procedures on the Board's establishment and operation.

 

Appeals

10.  The University will establish an Appeals Committee to consider appeals on matters identified in this statute. The Council will approve policy and procedures on the establishment and operation of the Appeals Committee.

11.  An appeal will be heard to resolve a matter on the grounds that:

(i)  proper process has not been followed in the handling of a complaint; or

(ii)  new evidence of a substantive nature has become available after the resolution of a matter by a Board of Inquiry which could change the outcome of the matter; or

(iii)  an outcome imposed by a Board of Inquiry is unjust, in which case the Appeals Committee will limit its investigations to a review of the outcome.

 

Penalties and Disciplinary Measures

12.  The University may impose penalties or disciplinary measures upon a student, including suspension or expulsion of the student, where the student is found to have committed an act of misconduct. The range of penalties or disciplinary measures which may be imposed on a student will be specified in Council policy and may be reviewed from time to time.

13.  During a period of suspension or expulsion, a student's enrolment will be terminated and the student will not be entitled to have access to University premises or facilities, except with the written permission of the Vice-Chancellor. A student who has been expelled will only be entitled to re-enrol as a student of the University with the permission of the Council.

 

General Matters

14.  The University is entitled to pursue action on a matter through a court of law or a legally constituted external forum in addition to taking action in accordance with this statute. The University may suspend proceedings under this statute if a matter is being considered by a court of law or a legally constituted external forum, or at the discretion of the Vice-Chancellor. The Vice-Chancellor or the Vice-President (Strategic Finance and Resources) may involve the Police in a matter of student conduct if they see fit.

15.  Where a matter is the subject of investigation or a resolution process under this statute and is simultaneously being dealt with through another similar process within the University, every effort will be made to avoid or minimise the duplication of proceedings.

16.  A penalty imposed by the University on a student in accordance with this statute will remain effective during the subsequent consideration of the same matter if it proceeds to a further stage, unless the Vice-Chancellor decides otherwise.

17.  If a staff member or a student fails to participate in a process which relates to action under this statute, or lays a malicious or vexatious complaint, or wilfully misuses or disrupts any of the processes established under this statute, these actions may be regarded as misconduct and the following actions may be taken:

(a)  action may be taken against a student in accordance with the provisions contained in this statute;

(b)  action may be taken against a staff member in accordance with the relevant staff provisions.