(1) The Student Conduct Policy promotes the principle of mutual respect by informing students of conduct which the University considers appropriate, and provides a framework and procedurally fair practices for dealing with allegations of misconduct by students, applicants and persons identifying themselves as a current or former student. (2) This Policy applies to: (3) This Policy excludes: (4) The University may deal with misconduct under this Policy even if the student’s award has been conferred, their enrolment is terminated or they have withdrawn from their program of study before proceedings commence or are finalised. (5) In any case where a student is in a gathering or group and another member of the group engages in activities that constitute misconduct, the student is taken to have engaged in misconduct if they did not take all reasonable steps to dissociate from the gathering or group as soon as practicable after they became aware of the misconduct. (6) Where the misconduct may constitute a criminal offence and may be subject to a police investigation and / or Court proceedings, then the matter must be referred to the Office of General Counsel for advice to be sought and determine (amongst other considerations) whether proceedings under this Policy will be: (7) There is a reciprocal relationship between individual and community rights and responsibilities. All ACU students are expected to act with honesty and integrity and behave in a way that: (8) All actions under this Policy are to be based on values that are consistent with the University Mission and are to be underpinned by principles of mutual respect and procedural fairness for and by all students, staff and others who may be involved. (9) The University will uphold the rights of students to enjoy freedom of speech and intellectual freedom without penalty in accordance with Statute 13 - Freedom of Speech, Intellectual Freedom and Academic Freedom. (10) Terms used in this Policy and associated Procedure are consistent with the Glossary of Student and Course Terms. The following specific definitions also apply: (11) The provisions relating to formal communications contained in the Academic Regulations will apply to any communications with students under this Policy. (12) If the Academic Registrar or nominee, a Campus Dean or Discipline Committee has reasonable grounds for believing that the receipt of correspondence or any other material may adversely affect the health of a student, they may obtain advice, including medical or other professional advice, on the most appropriate method for issuing correspondence or making any other material available to the student. (13) Student misconduct is any inappropriate, improper or unlawful conduct by a person within the scope of clause (2) of this Policy that includes, but is not limited to: (14) Any allegation of student misconduct will be dealt with in accordance with the Managing Student Misconduct Procedure. (15) A student may seek confidential, independent advice from the Student Advocacy Service at any stage. (16) In any discussions, interview or hearing in which a student participates during any process under this Policy, the student may, at their discretion, be accompanied by one other person whom the student designates as their support person. (17) A support person may not be a person: (18) Aboriginal and/or Torres Strait Islander students may: (19) A support person may speak where required for reasons of clarification but may only make submissions on behalf of a student if invited to do so by the responsible officer or committee dealing with the matter. (20) A Discipline Committee will not include any person who has been involved in the circumstances of the matter which results in an allegation of misconduct. (21) A Discipline Committee will be appointed by the Academic Registrar and will comprise: (22) Any member of a Discipline Committee handling a student sexual misconduct allegation must have completed specialist training from the Safeguarding and Student Safety team or an external organisation working in the area of sexual harm. The Academic Registrar will consult with the Director, Student Experience in these matters to select the Chair and members of the committee from the eligible staff and students who have received this training. (23) A quorum of the Committee is all three members. (24) The Chair has a deliberative vote and, if required, a casting vote. (25) The Academic Registrar will appoint a secretary to the Discipline Committee. A staff member may also be appointed to provide confidential procedural advice. These staff members are not entitled to vote. (26) Penalties may be imposed for student misconduct by the Academic Registrar or nominee, a Campus Dean, or a Discipline Committee. (27) The Academic Registrar, or nominee, may impose one or more of the following penalties for student misconduct under clause (13)h. of this Policy. The penalty imposed will be related to the purpose for which the fraudulent information was submitted which includes but is not limited to: (28) When deciding a penalty to be imposed a Campus Dean or Discipline Committee will consider: (29) A Campus Dean may impose one of more of the following penalties: (30) A Discipline Committee may impose any of the penalties at clause (29) and / or one of more of the following: (31) In addition to, or in lieu of, the penalties above, a Discipline Committee may require that the student undertake specified remedial action(s) or consult a counsellor, medical practitioner or specialist. Where such requirement is invoked in lieu of any other penalty, the substantive penalty will remain in effect until that requirement is satisfied. (32) The Office of the Academic Registrar must maintain a confidential record of all allegations and investigations of academic misconduct. The record will contain a summary of the matters considered or obtained by the decision maker and the written reasons for decision. (33) The Office of the Academic Registrar must keep a register of all findings of misconduct and the penalties imposed under this Policy. The register will not include any sensitive information or the personal information of any complainant. (34) Misconduct records which include all documentation and the correspondence between the University and a student under this Policy are retained by the University and are disposed of according to the University's Records Retention and Disposal Schedule. (35) Where there is a finding of misconduct, a summary is maintained on the permanent student file. The summary will not include any sensitive information or the personal information of any complainant. (36) Subject to ACU's obligations under the Privacy Act 1988 (Cth), the University’s Privacy Policy and any statutory reporting obligations, misconduct records may be made available: (37) An annual de-identified summary and analysis of misconduct findings must be tabled at Academic Board for noting each year. (38) For related legislation, policies, procedures and guidelines and any supporting resources please refer to the Associated Information tab. (39) Fraudulent information submitted for the purpose of gaining an advantage in a unit includes, but is not limited to the alteration or falsification of: (40) Unless the Academic Registrar or the Executive Dean is satisfied that there are exceptional circumstances that warrant a lesser penalty, the minimum penalties in Table 1 will be applied. Such exceptions will be reported in the summary and analysis of misconduct findings at clause (37) of this Policy.Student Conduct Policy
Section 1 - Purpose
Section 2 - Policy Scope
Top of PageSection 3 - Principles
Section 4 - Definitions
Top of Page
Term
Definition
Allegation notice
Allegation notice means the notice the University gives to a student to commence formal misconduct proceedings.
Authorised Officer
Authorised Officer is the person to whom instances of alleged student misconduct can be reported (See Section 12 – Schedule 1 of the Managing Student Misconduct Procedure.
Campus service order
Campus service order means any activity in aid of the University, or a student, of a kind which is declared by a Campus Dean or nominee to be a campus service order for the purposes of this Policy.
Decision Maker
Decision Maker means the Academic Registrar or nominee, a Campus Dean or a Discipline Committee.
Fraudulent information
Fraudulent information includes any information that is intended to deceive or to dishonestly gain a benefit which is inclusive of, but not limited to:
Student
Student includes any prospective, current or former student of the University.
Section 5 - Formal Communications
Section 6 - Student Misconduct
Section 7 - Support During the Student Misconduct Process
Section 8 - Composition and Constitution of Discipline Committee
Section 9 - Penalties
Section 10 - Recordkeeping and Notification
Section 11 - Associated Information
Section 12 - Schedules
Schedule 1: Submission of Fraudulent Information in a Unit
Table 1. Minimum penalties for the submission of fraudulent information in a unit
Mark of zero (0) or 'unsatisfactory' awarded for the relevant piece of assessment by the Lecturer in Charge
1st occasion, excluding pre-placement compliance documents or placement records
Result of Fail NN with a mark of zero (0) or Fail Ungraded NU awarded in the unit by the Head of School, or equivalent
Exclusion from the University for a period of up to two standard study periods by the Executive Dean
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the impact of the misconduct on any person;
any relevant explanations and mitigating circumstances;
any previous findings of student misconduct.
2nd occasion; or
1st occasion of pre-placement compliance documents or placement records3rd occasion
2nd occasion of pre-placement compliance or placement records