(1) This Procedure is governed by the Student Conduct Policy. (2) Any person or committee that exercises any power or carries out any function under the Student Conduct 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. (3) The decision maker must manage an allegation of student misconduct in a manner that is procedurally fair. The decision maker will: (4) The proceedings of any hearing will be procedurally fair. The decision maker will: (5) Unless there is an existing legal instrument in place, a student may not authorise a third party to act on their behalf where the decision maker is of the view that the matter cannot be investigated and determined without the direct involvement of the student concerned. (6) Where a student provides evidence that they do not have the capacity to participate and the decision maker is unable to proceed under clause (3), proceedings under this Policy will be suspended and the matter will be: (7) The decision maker may agree to a request in writing from the student at any time to extend the limits referred to in this procedure or to reschedule the date, time and place for a hearing, with consequential adjustment to the associated timelines. (8) 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 Education Services for Overseas Students Act 2000 (Cth) and ESOS National Code require notification to an international student in writing within 10 working days. (9) 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. (10) 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. (11) 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. (12) A written record of all proceedings will be maintained in accordance with Section 10 of the Student Conduct Policy. (13) Any person may make a report of student misconduct: (14) A report of student misconduct: (15) A report of student misconduct can only be made anonymously if: (16) Where the alleged misconduct has occurred on a professional experience placement, the student should be withdrawn from their placement by the Head of School under the Academic Regulations. A report of student misconduct may be made to the Office of the Academic Registrar in parallel or subsequent to the action taken by the School to withdraw the student. (17) 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: (18) 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: (19) The Authorised Officer must refer any matter to the Office of the Academic Registrar for assignment to a Campus Dean for action under Section 6 of this Procedure within two working days. (20) An interim suspension order may only be imposed by the Provost or the Chief Operating Officer (COO). (21) An interim suspension order may be imposed on a student in circumstances where the alleged misconduct raises a reasonable concern the order is necessary to avert a substantial risk of: (22) A student may be suspended from all or part of: (23) Before imposing an interim suspension order, the Office of the Academic Registrar must make a reasonable effort, having regard to the seriousness and urgency of the risk, to provide the student with an opportunity to respond and say why the suspension or other action is not warranted or should be varied. (24) The Office of the Academic Registrar must, within 24 hours of the Provost or COO’s decision, provide a written notice to the student advising: (25) Where a decision has been made to impose an interim suspension order under this Section, the Office of the Academic Registrar must: (26) The interim suspension order will continue until either: (27) On receipt of a matter, the Office of the Academic Registrar will: (28) With the exception of student sexual misconduct matters which will be investigated under the Student Sexual Misconduct Prevention and Response Procedure, the Campus Dean will make preliminary inquiries to decide whether there is sufficient evidence in support of the allegation to proceed to further investigation. (29) The Campus Dean may either decide: (30) Where a student has been counselled and referred to remedial services under clause (29)b., the Campus Dean may resume proceedings under the Student Conduct Policy if the remedial action: (31) With the exception of student sexual misconduct matters which will be determined in accordance with Section 8 of this Procedure, where the Campus Dean has decided to proceed to an investigation under clause (29) the Office of the Academic Registrar will, within 10 working days provide a written allegation notice to the student. (32) The allegation notice must: (33) Where a student has been given an allegation notice, the Office of the Academic Registrar may, until the proceedings (including any appeal) are finalised, withhold: (34) The student must respond within the prescribed time and must say whether they admit or deny the alleged misconduct. (35) If the student does not respond within the prescribed time, the decision maker must proceed to consider and determine the matter. 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. (36) The Campus Dean will consider any response by the student and: (37) The Campus Dean must advise the Office of the Academic Registrar of the decision on the allegation within 20 working days of receipt or deemed receipt of the allegation notice by the student. (38) A formal report of student sexual misconduct will be investigated in accordance with the Student Sexual Misconduct Prevention and Response Procedure. This includes that: (39) Any formal report of student sexual misconduct which has been referred for action under the Student Conduct Policy must be referred to a Discipline Committee. (40) The Office of the Academic Registrar will write to the student to advise that the external investigator’s report has been received and that the process for determining the allegation will commence. The student will be provided with an allegation notice that: (41) A student's response to the allegation should state whether: (42) A Discipline Committee: (43) The Campus Dean must advise the Office of the Academic Registrar of the decision on the allegation within 20 working days of the receipt or deemed receipt of the allegation notice by the student. (44) The Office of the Academic Registrar must, within five working days of the decision being made, advise the student in writing of: (45) A copy of the notification to the student will be provided to the Campus Dean and in the case of a student sexual misconduct matter, to the Director, Student Experience. (46) Where action is required as an outcome of the decision, the Office of the Academic Registrar will provide a summary of the outcome to the relevant member of the Executive who has responsibility for that action. The summary will not include any sensitive information or personal information of any complainant except where this is required for the relevant action to be taken. (47) The Office of the Academic Registrar will advise the person who made the original allegation, in writing, that action under this Policy was taken and has concluded. This will not include the details of the outcome, any sensitive information or personal information of any student. (48) Any student wishing to appeal a decision made under the Student Conduct Policy may appeal to the University Appeals Committee in accordance with the Student Appeals Policy. (49) A fine imposed under this Procedure: (50) An extension of time for payment may be granted by the Chief Operating Officer. (51) A student ordered to pay a fine may, within the time prescribed for its payment under clause (49)a., apply to the relevant Campus Dean to undertake campus service rather than pay the fine. (52) The relevant Campus Dean or nominee will determine the application. (53) If the relevant 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. (54) A campus service order: (55) 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. (56) While a student is excluded under clause (28)d. of the Student Conduct Policy, they must not, without the prior written consent of the Provost or Chief Operating Officer: (57) Following the expiry of the nominated period of exclusion, the following provisions apply: (58) 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: (59) For related legislation, policies, procedures and guidelines and any supporting resources please refer to the Associated Information tab.Managing Student Misconduct Procedure
Section 1 - Governing Policy
Section 2 - Procedural Fairness and Conduct of Proceedings
Section 3 - Reporting Alleged Misconduct
Section 4 - Summary Action by an Authorised Officer
Section 5 - Situation of Serious Risk Requiring Interim Suspension
Top of PageSection 6 - Preliminary inquiry
Top of PageSection 7 - Investigation of Alleged Student Misconduct
Section 8 - Determining an Allegation of Student Misconduct
Section 9 - Determining an allegation of student sexual misconduct
Section 10 - Notification of decision
Section 11 - Appeals
Section 12 - Implementation and Enforcement of Penalties
Fines
Campus Service Orders
Exclusion
Undischarged Penalties
Top of PageSection 13 - Schedules
Schedule 1: Authorised officers, and Their Area of Responsibility
Top of Page
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, or equivalent
For any matter relating to the learning, teaching, assessment, research, professional experience, community engagement or other activities conducted by the School or relating to the facilities of the School.
Head of a Research Institute
For any matter relating to activities conducted by that Research Institute or relating to the facilities of that Research Institute.
Executive Dean
Pro Vice-Chancellor (Research)
For any matter relating to research students or any matter relating to research or research activities conducted within facilities of the University.
Chief Marketing Officer
For any matter arising in, or in connection with a breach of the Social Media Policy
Director, Student Experience
The provision of services to students or Student Association activities.
Library Director
For any matter arising in, or in connection with, the University's Library facilities or services.
Chief Information and Digital Officer
For any matter arising in, or in connection with, the University’s computing and network facilities or services, including a breach of the Computer and Internet Acceptable Use Policy.
Academic Registrar
For any matter arising in, or in connection with, any AskACU Centre or Student Administration, facilities or services.
Manager of a residential facility
For any matter arising in, or in connection with, that residential facility.
Director, Properties and Facilities
For any matter arising in, or in connection with the facilities or security on a campus or site.
Section 14 - Associated Information
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