Policy and procedures for
handling a matter under
Statute 6.4: Student Conduct

Approving Authority:

1

Preamble

The policy and procedures contained herein are made by the Council, pursuant to Statute 6.4 Student Conduct. The Vice-Chancellor will be responsible to the Council for ensuring the effective operation of Statute 6.4 Student Conduct, and for exercising authority on behalf of the University as identified herein or as directed by the Council.

2

Policy

2.1

The policy and procedures which follow provide a means for resolving a matter of misconduct by a student. The stages through which a matter can proceed are:

(a) resolution through discussion and mediation;

(b) an inquiry;

(c) an appeal.

2.2

All matters will be resolved as expeditiously as possible and in accordance with the principles of natural justice.

2.3

It is expected that members of the University will take responsibility for their conduct, and have regard for the interests of the University and the University community.

3

Application of the Principles of Natural Justice

• All parties to a grievance or complaint will have the right to be heard.

• A respondent to a complaint must be informed of all allegations in relation to his or her behaviour.

• The exact behaviour, including perceived behaviour or an omission, which constitutes the cause of the matter which is under consideration must be specified.

• A respondent must be informed of the penalties prescribed in Statute 6.4 and in this policy, which may apply to the acts or omissions of which he or she has been accused.

• A complainant and a respondent must have a proper and equal opportunity to put their cases to the officer, Board or Committee which is hearing the matter, and subject to any legitimate considerations about confidentiality, have equal access to information pertaining to the matter.

• All submissions and evidence which are relevant to a matter which is under consideration must be considered.

• Any matter which is not relevant to a complaint which is under consideration must not be taken into account, and the recommendations of the officer, Board or Committee that is hearing the matter must not go beyond the scope of the matter which is being heard.

• A person who has had any prior involvement with a matter which is under consideration in accordance with this Statute may not sit in judgement on the same matter or any related matter.

4

Lodgment of a Complaint

A complaint about the conduct of a student will be lodged with the Executive Director of Administration.

5

Investigation of a Complaint

5.1

The Executive Director of Administration may initiate an investigation on the basis of an oral or a written complaint, or may decide not to proceed with the investigation on the grounds that the complaint is trivial or vexatious. The investigation of any complaint will be fully documented.

(a)

The Executive Director of Administration will normally respond to a complaint initially by informing the student in person or in writing about his or her alleged conduct and, where appropriate, by warning the student to discontinue the alleged misconduct.

(b)

If at any time there is a risk of harm to a person, or damage to University property, or harassment of another person by a student, the Executive Director of Administration may immediately, temporarily suspend the student for a period of up to 28 days and instruct the student to leave the campus or property of the University, and will initiate an inquiry into the matter. The Vice-Chancellor may approve an extension of the period of temporary suspension if he or she considers that the risk remains in existence. In all cases the temporary suspension will cease as soon as an outcome has been decided on the matter in accordance with this policy. Temporary suspension will not be considered proof of misconduct in further proceedings under Statute 6.4.

(c)

If at any stage the Executive Director of Administration considers that a complaint would more appropriately be dealt with under an alternative appeals, complaints or grievance resolution process of the University the matter will be referred to the appropriate officer for action.

(d)

If a complaint has been dealt with under an alternative appeals, complaints or grievance resolution process and the whole or part of the matter remains unresolved, the matter may then be dealt with under Statute 6.4 at the discretion of the Executive Director of Administration. In such a case, every effort will be made to avoid or minimise the duplication of processes and procedures.

5.2

On initiating an investigation, the Executive Director of Administration will appoint a Complaints Officer to conduct an investigation of the facts, compile any evidence and prepare a report on the matter.

5.3

The Executive Director of Administration will consider the report prepared by the Complaints Officer and take one or more of the following actions:

5.3.1

refer the matter for consideration through one of the following stages, as appropriate:

(a) resolution by discussion and mediation;

(b) a hearing of the matter by a Board of Inquiry.

5.3.2

recommend to the Vice-Chancellor that no further action be taken;

5.3.3

recommend to the Vice-Chancellor that the matter be dealt with in another forum;

5.3.4

recommend to the Vice-Chancellor that the complaint be treated as malicious or vexatious and be dismissed, and be considered for further action as appropriate.

6

Resolution of a Matter by Discussion and Mediation

6.1

Mediators

A panel of Mediators will be selected by a Nominating Committee (refer to Clause 10 below). The Vice-Chancellor will appoint a Mediator from the panel to conduct mediation of a particular matter. A Mediator will, where possible, be appointed on the basis of experience or expertise relevant to the particular matter which is under consideration.

6.1.1

All parties must consent to participate in the mediation process.

6.1.2

All parties will be consulted before a Mediator is appointed.

6.1.3

An external Mediator will be appointed where a staff member or the University is a party to the complaint.

6.1.4

The Mediator will explore with the parties options for resolving the matter on mutually acceptable terms. The Mediator may not prescribe or enforce an outcome.

6.2

Operation

6.2.1

The Executive Director of Administration will arrange for a Mediator to be appointed to conduct the mediation process. The Executive Director of Administration may instruct the Director, Academic and Student Services (or another officer as appropriate) to represent the University where it is a party in the mediation process.

6.2.2

The Mediator will invite the parties to attend an interview, and seek through discussion to identify an outcome in accordance with Clause 6.3 below, on terms agreed by the parties.

6.2.3

The Complaints Officer may be invited by the Mediator to be present during the mediation process, only as necessary to provide relevant information about the matter which is under consideration. The Mediator will document the agreed outcome and ensure that the parties agree that the record is accurate.

6.2.4

No record will be retained of the mediation process itself or of the discussions and negotiations between the Mediator and the parties. The Mediator may record information gathered during the process to assist in conducting the mediation, however this record will be destroyed at the end of the process. A record will be made of an agreed outcome, and any matters which remain unresolved at the conclusion of the mediation process notwithstanding the agreed outcome. This record will be admissible in later proceedings.

6.2.5

The Complaints Officer will provide a record of the agreed outcome or advice of any further action to be taken, to the parties, to the Vice-Chancellor and to the Executive Director of Administration. The parties will sign the record and will receive a copy of the signed record.

6.3

Outcomes

6.3.1

Resolution of a matter will be by agreement of the parties, and may include the following outcomes:

(a) a decision is made that there is no case to answer;

(b) the parties undertake to resolve the matter by negotiation through the Mediator;

(c) a penalty acceptable to the parties is identified by the Mediator after the Mediator consults with the Executive Director of Administration and then with the parties.

6.3.2

Where a matter cannot be resolved as a result of the mediation process it will be referred to a Board of Inquiry. At any time during the mediation process, any of the parties may request that a matter be referred to a Board of Inquiry and that the mediation process not continue.

6.3.3

Compliance with an outcome agreed during a mediation process will be monitored by the Executive Director of Administration. If a student fails to comply with an agreed outcome, the original matter, and the breach of compliance will be referred to a Board of Inquiry for consideration.

7

Board of Inquiry

7.1

Establishment

7.1.1

A Board of Inquiry will have the following composition:

• a Chairperson appointed in accordance with Clause 7.1.2 below;

• an academic staff member appointed in accordance with Clause 7.1.3 below;

• a student appointed in accordance with Clause 7.1.3 below.

7.1.2

A Chairperson with relevant expertise will be appointed by the Council for a term of three years. If the Chairperson is not available to act on a particular matter, the Vice-Chancellor may appoint an alternative Chairperson.

7.1.3

A panel of persons who may be appointed as members of a Board of Inquiry will be selected by a Nominating Committee (refer to Clause 10 below). Members of a Board established to hear a particular matter will be appointed by the Vice-Chancellor from the panel, having regard to their expertise and experience.

7.2

Operation

A hearing by the Board of Inquiry will be conducted in accordance with Procedures for the Conduct of a Hearing, contained in Appendix A to this policy. The provisions contained in Clause 3 Application of Principles of Natural Justice and Clause 9 General Provisions and Procedures, must also be complied with.

7.2.1

On receiving a written request from either of the parties or the Vice-Chancellor, the Executive Director of Administration will refer the matter to the Chairperson of the Board of Inquiry. Before the Board is convened, the Chairperson will review the documentary evidence and consider whether prima facie evidence exists of a matter which requires investigation by the Board. If the Chairperson is of the view that sufficient evidence does not exist to enable the matter to be considered, the Board will not be convened and the Vice-Chancellor will be informed of the reasons.

7.2.2

If a Board is to be convened the Executive Director of Administration will appoint a Secretary to the Board. The Secretary will, at the direction of the Chairperson, provide copies of relevant documents to the Board and to the complainant and the respondent, and will:

(a) notify the parties that the matter has been referred to a Board of Inquiry;

(b) notify the respondent of the allegations and the penalties for misconduct specified in Statute 6.4 and this policy; and

(c) invite the respondent to respond to the allegations in writing.

If there is a dispute about the facts the Secretary may collect additional documentary evidence which is relevant to the matter.

7.2.3

Once a matter has been referred to a Board of Inquiry, the Board will conduct a hearing in accordance with the Procedures for the Conduct of a Hearing, contained in Appendix A to this policy.

7.2.4

Compliance with an outcome imposed by a Board of Inquiry will be monitored by the Executive Director of Administration. If a student fails to comply with an outcome imposed by a Board of Inquiry, the matter will be referred to the Appeals Committee for consideration. If the Appeals Committee is satisfied that a breach of compliance has occurred, it will decide an outcome in accordance with its powers under Clause 8.3 of the policy and will report on the matter to the Executive Director of Administration and the Vice-Chancellor.

7.3

Outcome of an Inquiry

A Board of Inquiry may decide on one or more of the following outcomes:

(a)

a finding that the allegations have not been substantiated and the complaint is dismissed;

(b)

a finding that no penalty should be imposed;

(c)

the student or another party is requested to provide an apology in writing;

(d)

the student is reprimanded in writing and warned about the consequences of a repetition of the misconduct;

(e)

a restriction is placed on the student's access to University property or facilities;

(f)

the student is requested to provide recompense (financial or otherwise) for damage to or loss of property which he or she has caused, taking account of the student's ability to pay such costs;

(g)

a restriction is placed on a student's conduct, or a period of suspension is imposed, or the student is excluded from participation in a topic or course for a specified period;

(h)

the student is expelled from the University and his or her enrolment is terminated;

(i)

any combination of the above named penalties is imposed;

(j)

an alternative penalty is imposed, after consultation with the Vice-Chancellor and the student;

(k)

the Vice-Chancellor is advised to take action in an external legal forum;

(l)

a recommendation is made to the Vice-Chancellor that the complaint be treated as malicious or vexatious and be dismissed, and be considered for further action as appropriate.

8

Appeals Committee

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

(a)

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

(b)

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; or

(c)

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, in which case the matter will be referred back to the Board for reconsideration.

8.1

Establishment

8.1.1

The Appeals Committee will have the following composition:

• an external Chairperson appointed in accordance with Clause 8.1.2 below;

• an external member of the Council of the University appointed in accordance with Clause 8.1.3 below; and

• in the case of an appeal on the grounds of (a) above, a graduate of the University who is not a staff member or a student of the University appointed in accordance with Clause 8.1.3 below; or in the case of an appeal on the grounds of (b) above, a student of the University appointed in accordance with Clause 8.1.3 below.

8.1.2

A Chairperson who is not a student or a member of staff of the University will be appointed by the Council for a term of three years. If the Chairperson is not available to act on a particular matter, the Vice-Chancellor may appoint an alternative Chairperson.

8.1.3

A panel of persons who may be appointed as members of an Appeals Committee will be selected by a Nominating Committee (refer to Clause 10 below). Members of an Appeals Committee established to hear a particular matter will be appointed by the Vice-Chancellor from the panel, having regard to their expertise and experience.

8.2

Operation

8.2.1

On receiving a written request from either of the parties or the Vice-Chancellor, the Executive Director of Administration will refer the matter to the Chairperson of the Appeals Committee. Before an Appeals Committee is convened, the Chairperson will review the documentary evidence and consider whether prima facie evidence exists of a matter which requires investigation by an Appeals Committee. If the Chairperson is of the view that sufficient evidence does not exist to enable the matter to be considered, an Appeals Committee will not be convened and the Vice-Chancellor will be informed of the reasons.

8.2.2

If an Appeals Committee is to be convened the Executive Director of Administration will appoint a Secretary to the Appeals Committee. The Secretary will, at the direction of the Chairperson of the Appeals Committee, provide copies of relevant documents to the Appeals Committee, and to the complainant and the respondent, and will:

(a) notify the parties that the matter has been referred to an Appeals Committee;

(b) notify the respondent of the outcomes which an Appeals Committee may impose, as specified in Statute 6.4 and this policy.

8.2.3

Once a matter has been referred to an Appeals Committee, the Committee will conduct a hearing in accordance with the Procedures for the Conduct of a Hearing, contained in Appendix A to this policy.

8.2.4

Compliance with an outcome imposed by an Appeals Committee will be monitored by the Executive Director of Administration. If a student fails to comply with the outcome which the Appeals Committee has imposed, the Vice-Chancellor will be informed of the matter, and a report will be made to the Council, normally with a recommendation that the student be expelled.

8.3

Outcome of an Appeal

8.3.1

An Appeals Committee may decide on one or more of the following outcomes:

(a) that an outcome imposed by a Board of Inquiry be rescinded or changed;

(b) that an outcome imposed by a Board of Inquiry be upheld;

(c) that alternative or additional outcomes be imposed;

(d) to impose any outcome which a Board of Inquiry is able to impose;

(e) that the Vice-Chancellor be advised to take further action in an external legal forum to resolve the matter;

(f) that a recommendation be made to the Vice-Chancellor that the complaint be treated as malicious or vexatious and be dismissed, and be considered for further action as appropriate.

8.3.2

as a result of an appeal on the grounds of (c) above (ie 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) may decide on any of the outcomes listed in Clause 7.3 of the policy.

9

General Provisions and Procedures

9.1

General Provisions

9.1.1

Each process will be completed in a timely manner. Written communication must normally be dispatched within seven days of the event or request that prompted its dispatch. Prior to any stage of a complaint process being initiated (refer to Clause 2.1 of this policy), all parties will be given no less than fourteen days notice in writing, by registered mail, of the action which will be taken and of any requirements which they must comply with. Each stage of a complaint will normally be completed within twenty-eight days of being initiated.

9.1.2

A matter will be treated as confidential to those persons involved in proceedings during and after the proceedings, except if an open hearing is conducted. General information derived from hearings may be used for administrative purposes, provided parties cannot be identified.

9.1.3

The Vice-Chancellor may decide in his or her discretion that a matter be pursued on behalf of the University, and appoint a senior officer to present the complaint.

9.1.4

Where a student is found to have committed an act of misconduct, and the act is repeated, this may be taken account of in later proceedings on the same matter or a related matter.

9.1.5

Should there be a significant change of circumstances, the Vice-Chancellor may review any penalties imposed on a student or if appropriate recommend to Council that an Appeals Committee conduct a review of the penalties. A penalty may be varied as a result of such a review.

9.1.6

If any process against a student is initiated in accordance with Statute 6.4, and the student subsequently completes a course of study or discontinues his or her enrolment, proceedings against the former student may be continued or discontinued, at the discretion of the Vice-Chancellor.

9.1.7

During any process, provided that confidentiality is not breached and the principles of natural justice are upheld, and provided that the matter or matters are such that the alleged charges or offences have arisen from the same event:

(a) more than one charge may be heard against the same student concurrently; and/or

(b) charges of misconduct against more than one student may be heard concurrently.

9.1.8

A student will be responsible for informing himself or herself about the policy environment which applies to students of the University. A guide to relevant Statutes, policies and procedures is provided in Appendix B to this policy.

9.1.9

The parties may be accompanied by a person of their choice, and are entitled to seek legal advice on a matter, but they will not be entitled to legal representation in an interview or hearing. A guide to sources of information, support and advice for students is provided in Appendix C.

9.2

Record Keeping

9.2.1

If an allegation is proven the Executive Director of Administration will arrange for a record of the matter and the outcome to be placed on a confidential file. A file note recording the existence of the confidential file will be placed on the student's personal file and on the student record system.

9.2.2

If a student is expelled from the University the student's academic record will be annotated to this effect.

9.2.3

The Executive Director of Administration will authorise the inclusion, amendment or deletion of a record on a student's file, on the student record system, or on an academic record.

9.2.4

A complete record will be kept of all proceedings and decisions relating to a hearing of a Board of Inquiry or an Appeals Committee. All such records will be confidential and kept in a secure place.

9.2.5

A record of a matter will be kept for five years. The Executive Director of Administration will then review the record and decide either that it be destroyed, or kept for a specified period.

10

Nominating Committee

10.1

The Council will appoint a Nominating Committee to select panels identified below. The Nominating Committee will comprise a member of Council, a nominee of the Vice-Chancellor, and a student nominated by the Vice-Chancellor from among the student members of Council:

(a) a panel of mediators, comprising at least four persons;

(b) a panel of members who may be appointed to serve on a Board of Inquiry, comprising at least four persons in each membership category;

(c) a panel of members who may be appointed to serve on an Appeals Committee, comprising at least four persons in each membership category.

10.2

The Nominating Committee will call for nominations and select members of panels with the aim of providing a pool of people who have a range of skills and experience relevant to the role of the particular panel, and with reference to the following criteria:

• familiarity with the University environment and with relevant legislation, policies and procedures of the University;

• familiarity with or experience in areas relevant to the role of the panel;

• availability to serve if called upon, and to undertake relevant training;

• the need to achieve gender balance as far as practicable on the panels.

10.3

The Executive Director of Administration will review the composition of the panels each year, and if there are insufficient members available to serve on any panel, arrange for the Nominating Committee to meet and select additional members.