University of Canberra Student Conduct Rules 2009
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Table of Provisions
Students who take up a place at the University are subject to the Statutes and Rules of the University and to the lawful directions of its officers. Under the University of Canberra Student Conduct Rules 2009 a student may be suspended or excluded from all or part of the University or ordered to pay compensation if the student is found to have engaged in prohibited conduct as defined in the Rules. A student found to have engaged in academic misconduct may be failed in a unit or required to resubmit an assessment item. The Rules set out procedures for dealing with cases of alleged prohibited conduct. The procedures are designed to be fair to the student and to avoid both undue formality and undue delay in reaching a resolution. The Student Conduct Officer referred to in the Rules is an officer of the University appointed by the Vice-Chancellor under section 5 of the Student Conduct Statute 1992 and performs such responsibilities as are specified in the Rules. In addition to specified responsibilities and duties the Student Conduct Officer has general oversight of the processes specified in the Rules and responsibility for evaluation and monitoring of the Rules and processes. 1. These Rules are the University of Canberra Student Conduct Rules 2009. 2. These Rules commence on the date of approval by the Council. 3. The Student Conduct Rules 2007 are revoked. 4. (1) In these Rules, unless the contrary intention appears: “academic misconduct” includes: (a) cheating; and (b) plagiarism; and (c) reproducing in any assessment item, or submitting for assessment, the work of another person, whether in whole or in part and whether with or without the knowledge of the other person; and (d) except with the approval of a University staff member who administers a unit of study, submitting for an assessment item any work previously submitted for an assessment item relating to that unit; and (e) failing to comply with the University’s instructions to students in relation to an assessment item; and (f) acting, or assisting another person to act, dishonestly in, or in connection with, an assessment item; “appeal hearing” means the hearing of an appeal to the Committee, being a hearing referred to in subrule 10(1); “Appeals Board” means the Appeals Board established under rule 19; “assessment item” has the same meaning as in the Student Conduct Statute 1992; “Board hearing” means the hearing of an appeal to the Appeals Board, being a hearing referred to in subrule 14(1); “breach of conduct”, in relation to a student, means a contravention of rule 5; “Committee” means the Student Conduct Committee established under rule 15; “Committee Inquiry” means an inquiry conducted by the Committee under rule 12; “Faculty” means an academic Faculty of the University as determined by the Council under section 8 of the Act; “officer of the University” includes all staff members of the University, and any officer employed by a company contracted to provide services to the University while such officer is providing such services; “prescribed authority” means: (a) a Deputy Vice-Chancellor; or (b) a Dean or Associate Dean; or (c) a head of an administrative or business unit of the University appointed by the Vice-Chancellor for such purposes; or (d) a Director of a program offered by the University in conjunction with a partner institution overseas who is employed by the partner institution and identified in an agreement with that institution. “prohibited conduct”, in relation to a student, means conduct that is prohibited under rule 5; and “relevant Faculty assessment board”, in relation to a unit in which a student is enrolled, means the Board of the Faculty that is responsible for deciding the student’s result in relation to the unit; “University grounds” means land occupied by the University and includes buildings on that land. (2) In these Rules, a reference to a breach of conduct or prohibited conduct, in relation to a student, must be read as including a reference to offences or prohibited conduct within the meaning of rules made under the University Facilities Statute 1992. (3) Where the provisions of Rules made under the University Facilities Statute 1992 apply these Rules to an offence or prohibited conduct under the first-mentioned Rules, the Committee must deal with the matter in the same way as it would deal with a reference to the Committee under paragraph 8(6)(a) and a student may appeal to the Appeals Board under rule 13 in the same way as a student against whom the Committee has made an adverse finding in relation to a breach of conduct under these Rules may appeal. (4) For the purposes of these Rules, a reference to a Dean is to be read as a reference to a person who is the head of a Faculty that administers, or jointly administers, a course or unit in which the student is enrolled. (5) For the purposes of these Rules, a student becomes enrolled in a course of study or unit of study when he or she is enrolled in that course or unit in accordance with the procedures for enrolment determined from time to time by the Academic Board and remains enrolled for so long as results in one or more units undertaken by the student remain unfinalised or, where the student has met the academic requirements of a course, the award to which the course leads has not been granted to the student. 5. A student must not: (a) engage in academic misconduct in relation to an assessment item; (b) wilfully or negligently damage, destroy, lose, remove without permission or otherwise interfere with: (i) any property of, or under the control of, the University; or (ii) any property of an officer or employee of the University, or of another student, while that property is on University grounds; or (c) enter a part of the University grounds in contravention of a direction by the Vice- Chancellor with respect to that part; or (d) in connection with the provision to the University of information or documentation by the student, make a false or misleading statement or engage in, or be a party to, conduct intended to deceive; or (e) obstruct, or attempt to obstruct, an officer or employee of the University in the performance of his or her functions; or (f) obstruct, or attempt to obstruct, the Council, the Committee, the Appeals Board or any other authority, committee, board or other body of the University established under a Statute in the performance of its functions; or (g) engage in conduct that hinders or prevents the use by other students of any of the University’s facilities or the attendance of other students at a class conducted by or for the University; or (h) contravene: (i) a provision of any Statute, or of a rule, an order or a direction made under any Statute; (ii) an order or a direction of an authority, committee, board or other body of the University established under a Statute; or (iii) a lawful order or direction of an officer or employee of the University, or of a person acting with the authority of the University; or (i) engage in behaviour offensive to: (i) a member of the Council, the Committee, the Appeals Board or any other authority, committee, board or other body of the University established under a Statute; or (ii) an officer or employee of the University; or (iii) a student; or (j) engage in, or be a party to, conduct, either within the University grounds or elsewhere, that is likely to bring the University into disrepute or prejudice the management, good governance and discipline of the University; or (k) engage in, or be a party to, conduct or behaviour, either within the University grounds or elsewhere, that threatens, harms or causes distress, as adjudged by a reasonable person, to an officer, employee or student of the University or visitor to the University. Initiation of action relating to prohibited conduct
6. (1) Any person who considers that a student may have contravened rule 5 may draw the matter to the attention of the Vice-Chancellor or a prescribed authority. (2) Where a matter is drawn to the attention of a prescribed authority under subrule (1) or a prescribed authority independently forms the view that a student may have contravened rule 5, the prescribed authority may, after making such preliminary informal inquiry as the prescribed authority thinks fit: (a) decide to take no further action in relation to the matter; or (b) prior to any deliberative decision or action, refer the matter instead to a more appropriate prescribed authority for investigation and deliberation; or (c) if the prescribed authority is not the Dean of the relevant Faculty, refer the matter to the Dean of Faculty; or (d) conduct a Summary Inquiry into the matter; or (e) draw the matter to the attention of the Vice-Chancellor; and, if the matter was drawn to the attention of the prescribed authority by another person, must inform that person of what action the prescribed authority has taken under this subrule. (3) Where a matter is drawn to the attention of the Vice-Chancellor under subrule (1) or (2) or paragraph 8(6)(a) or the Vice-Chancellor independently forms the view that a student may have contravened rule 5, the Vice-Chancellor may direct: (a) that no further action be taken in relation to the matter; or (b) where a Committee Inquiry is not appropriate – that a specified prescribed authority conduct a Summary Inquiry into the matter; or (c) where a Committee Inquiry is appropriate – that the Committee conduct a Committee Inquiry into the matter. (4) In this rule, a Committee Inquiry is appropriate where the circumstances are such that the Vice-Chancellor considers suspension of a student or, following a Committee Inquiry, exclusion of a student or payment by a student of compensation exceeding the sum of $500 may be warranted. 7(1) Where a Committee Inquiry is to be conducted, the Vice-Chancellor may: (a) order the suspension of the student in respect of whose conduct the Committee Inquiry is to be conducted, pending determination of the matter by the Committee Inquiry; (b) at any time, pending that determination, vary, lift or reimpose that suspension. (2) In this rule, suspension may include any or all of the following: (a) suspension from attending classes at the University; (b) prohibition from entering such parts of the University grounds as are specified in the order; (c) prohibition from using such of the University facilities as are specified in the order; (d) prohibition from initiating contact or communication with specified students or members of staff. (3) Where, under this rule, a student is ordered to be suspended, the student must not attend such classes or enter such parts of the University grounds or use such of the University facilities or contact such persons as are specified in the order. 8 (1) Where, in relation to the conduct of a student, the Vice-Chancellor directs a prescribed authority to conduct a Summary Inquiry, the prescribed authority must: (a) fix the day on which, and the time and place at which, the Summary Inquiry is to be held; and (b) cause written notice to be given to the student specifying the alleged breach of conduct and notifying the student that a Summary Inquiry into the matter is to be held by that prescribed authority. (2) The notice given under subrule (1) must: (a) specify the day, time and place fixed for the Summary Inquiry; and (b) inform the student of his or her rights, as specified in this rule, in relation to the Inquiry; and (c) be communicated to the last known address or electronic contact of the student not less than 7 days before the specified day. (3) A student receiving a notice under subrule (1) may (but is not obliged to) attend in person the Summary Inquiry specified in the notice and may make statements or submit evidence to the prescribed authority conducting the Inquiry or may deliver a written statement or other evidence to that prescribed authority not later than 2 days before the day fixed for the Inquiry. A student enrolled in a University course delivered on-line may participate in the inquiry by video or teleconference. (4) No person other than the student to whom a notice in relation to a Summary Inquiry is addressed and the prescribed authority conducting the Inquiry may attend the Inquiry, except that the student may be accompanied by another person (not being a qualified lawyer) who is a student or member of the academic or general staff of the University and in this case a member of the academic or general staff of the University (not being a qualified lawyer) may also be present to advise the prescribed authority. (5) The prescribed authority, in relation to a Summary Inquiry, is not bound to act in a formal manner and, subject to this rule, may inform himself or herself on any matter in such manner as he or she thinks just. (6) At a Summary Inquiry held under this rule, the prescribed authority must consider any statements made, and any other evidence submitted, by the student in accordance with subrule (3) with respect to the alleged breach of conduct and may consider such other matters, if any, as the prescribed authority considers appropriate. (7) Where, in relation to a student’s alleged breach of conduct, a Summary Inquiry is held in accordance with this rule, the prescribed authority conducting the Inquiry, after considering any statements, evidence and other matters referred to in subrule (6), must: (a) where the prescribed authority considers that the circumstances warrant a Committee Inquiry, recommend that the Vice-Chancellor refer the matter to the Committee for such an Inquiry to be held in relation to the matter; or (b) where the prescribed authority does not consider a Committee Inquiry warranted and is not satisfied that the student has committed the alleged breach of conduct, declare that no further action is to be taken in relation to the matter; or (c) where the prescribed authority does not consider a Committee Inquiry warranted but finds that the student has committed the alleged breach of conduct: (i) where the prescribed authority finds the student to have committed academic misconduct, fail or reduce the student’s mark for the assessment item; or require the student to resubmit an assessment item or to undertake additional assessment towards the unit; or recommend to the relevant Faculty assessment board that the student be failed in the unit to which the student’s alleged misconduct relates; or reprimand the student; and the prescribed authority may also order the suspension of the student’s enrolment from the unit for a specified period or the termination of the student’s enrolment in the unit; or (ii) in any other case, reprimand the student, or order the student to pay compensation, not exceeding the sum of $500, to the University, in respect of any damage, destruction or loss resulting from the student’s breach of conduct, or both; or (iii) declare that no further action is to be taken in relation to the matter; and (iv) must cause written notice to be given to the student of the authority’s action or declaration, as the case may be, including the authority’s reasons for taking that action or making that declaration. (8) Without limiting the generality of subrule (7), the circumstances referred to in paragraph (7)(a) include a likely need anticipated by the prescribed authority to order an amount of compensation to be paid that exceeds the amount that may be ordered under subparagraph (7)(c)(ii). (9) For the purposes of subparagraph (7)(c)(ii), loss includes any loss suffered as a consequence of the removal without permission of, or other interference with, any property referred to in paragraph (b) of rule 5. (10) Where compensation is ordered to be paid, it is to be paid to the University for distribution in accordance with rule 26. (11) Where a student does not appear before the prescribed authority at the time specified in the notice given under subrule (1), that authority may exercise his or her powers under this rule in the absence of the student, as if the student had so appeared. (12) Subject to rule 9, a decision of a prescribed authority at a Summary Inquiry is final. 9. (1) Where, at a Summary Inquiry, a prescribed authority finds, under paragraph (7) (c), that a student has committed a breach of conduct, the student may appeal to the Student Conduct Committee established under rule 15 in accordance with this rule against the finding or against any reprimand or order given by the prescribed authority as a consequence of the finding. (2) Where a student appeals under this rule, the appeal must be instituted not later than 14 days after the day on which the prescribed authority causes notice to be given to the student under subrule 7(c) (iv). (3) An appeal under this rule must be instituted by delivering to the Student Conduct Officer a notice signed by the student stating that he or she wishes to appeal to the Committee under this rule against the decision of the prescribed authority. (4) Where a student appeals under this rule, the Student Conduct Officer must cause notice of the appeal to be given to the Chairperson of the Committee. (5) On receipt of the notice, the Chairperson of the Committee must fix the day on which the Committee will hear the appeal (being a day not less than 7 days after the day of fixing) and the time and place at which the appeal will be heard, and must inform: (a) the Student Conduct Officer; and (b) the appellant student; of the day, time and place so fixed. 10. (1) Subject to this rule, the procedure at the hearing of an appeal under rule 9 to the Committee is to be determined by the members of the Committee present at the appeal hearing. (2) An appeal under subrule 9(1) is to be in the nature of a rehearing. (3) The Committee, when conducting an appeal hearing, is not bound to act in a formal manner and, subject to this rule, may inform itself on any matter in such manner as it thinks just. (4) At an appeal hearing, the student may: (a) appear in person, with or without the assistance of another person; or (b) be represented, whether or not the student is present, by another person; and may advance, or have advanced on his or her behalf, evidence and representations in support of his or her case. A student enrolled in either a University course offered in conjunction with a partner institution overseas or a University course delivered on-line may participate in the appeal hearing by video or teleconference. (5) The person assisting or representing the student must be either: (a) a student or member of the academic or general staff of the University (not being a qualified lawyer); or (b) with the leave of the Committee, a qualified lawyer. (6) Subject to subrule (7), at an appeal hearing, a member of the academic or general staff of the University (not being a qualified lawyer) nominated by the Vice-Chancellor may be present to advise the Committee in relation to the student’s alleged breach of conduct and to represent the University at the appeal hearing. (7) If the person assisting or representing the student at the appeal hearing is a qualified lawyer, the University may also be assisted or represented at the appeal hearing by a qualified lawyer. (8) Where a student does not appear, either in person or by his or her representative, at an appeal hearing on the day, and at the time and place, fixed under subrule 9(5), the Committee may exercise its powers under this rule in the absence of the student, as if the student had so appeared. (9) After considering any evidence and representations advanced by or on behalf of the student and the University at the appeal hearing and such other matters, if any, as the Committee considers appropriate, the Committee must confirm, vary or set aside: (a) the finding of the prescribed authority at the Summary Inquiry; and (b) any reprimand given to the student at the Summary Inquiry; and (c) any order made at the Summary Inquiry, including an order for payment of compensation; and must cause written notice to be given to the student of the Committee’s decision and must, in that notice, give the Committee’s reasons for its decision. (10) Where, at an appeal hearing, the Committee decides to vary any order made at a Summary Inquiry for the payment of compensation, the varied amount may, if the Committee thinks fit, exceed the sum of $500. (11) A decision of the Committee at an appeal hearing is final. Part 3 – Procedure for Committee Inquiry Referral to the Committee for a Committee Inquiry – notice etc 11. (1) Where, in relation to the conduct of a student: (a) the Vice-Chancellor, under paragraph 6(3)(c) directs that a Committee Inquiry be conducted; or (b) a matter is referred to the Committee for a Committee Inquiry to be held in accordance with rules made under the University Facilities Statute 1992; the Chairperson of the Committee must: (c) fix the day on which, and the time and place at which, the Committee Inquiry is to be held; and (d) cause written notice to be given to the student specifying the alleged breach of conduct and notifying the student of the reference of the matter to the Committee for a Committee Inquiry to be held. (2) The notice given under subrule (1) must: (a) specify the day, time and place fixed for the Committee Inquiry; and (b) inform the student of his or her rights, as specified in rule 12, in relation to that Inquiry; and (c) be posted to the last known address of the student not less than 7 days before the specified day. (3) On referring a matter to the Committee for a Committee Inquiry, the Vice-Chancellor must also inform the Student Conduct Officer and the Chairperson of the Committee of that reference and the Chairperson must inform the Student Conduct Officer of the day, time and place fixed for the Committee Inquiry. (4) The Chairperson of the Committee may vary, to a later day, the day for holding the Committee Inquiry, and the time and place for holding it, and, in such a case, must cause a further notice to be given to the student specifying the day, time and place, as so varied, for the holding of the Committee Inquiry and must inform the Student Conduct Officer of the variation. 12. (1) Subject to this rule, the procedure at a Committee Inquiry is to be determined by the members of the Committee present at the Inquiry. (2) The Committee, in relation to a Committee Inquiry, is not bound to act in a formal manner and, subject to this rule, may inform itself on any matter in such manner as it thinks just. (3) The Committee must ensure that the substance of any adverse evidence is accurately put to the student and the student has adequate opportunity to respond by producing new evidence in rebuttal. (4) At a Committee Inquiry, the student may (but is not obliged to): (a) appear in person, with or without the assistance of another person (not being a qualified lawyer) who is a student or member of the academic or general staff of the University; or (b) be represented, whether or not the student is present, by another person (not being a qualified lawyer) who is a student or member of the academic or general staff of the University; and may advance, or have advanced on his or her behalf, evidence and representations in support of his or her case. A student enrolled in either a University course offered in conjunction with a partner institution overseas or a University course delivered on-line may participate in the appeal hearing by video or teleconference. (5) The student may (but is not obliged to) submit a written statement of his or her case to the Chairperson of the Committee no later than 24 hours before the time of the hearing specified in the notice given to the student under rule 11. (6) At a Committee Inquiry, a member of the academic or general staff of the University (not being a qualified lawyer) nominated by the Vice-Chancellor may be present to advise the Committee in relation to the student’s alleged breach of conduct and to represent the University at the Inquiry and the nominated person may advance, on behalf of the University, evidence and representations in relation to the alleged breach of conduct. (7) Where, at a Committee Inquiry, evidence or representations are advanced under subrule (4) (5) or (6): (a) the Committee and any person mentioned in those subrules who is present may see and, where applicable, read that evidence and hear those representations; and (b) the student may request a copy or record of that evidence or those representations but copies of third party evidentiary materials must be surrendered after the Committee Inquiry has been completed. (8) Where a student does not appear, either in person or by his or her representative, at a Committee Inquiry, in accordance with the notice referred to in subrule 11(2), the Committee may exercise its powers under this rule in the absence of the student, as if the student had so appeared. (9) If, after considering any evidence and representations advanced by or on behalf of the student and the University at the Committee Inquiry or under subrule (5) and such other matters as the Committee considers appropriate, the Committee finds that the student has committed a breach of conduct, the Committee must: (a) do one or more of the following: (i) reprimand the student; (ii) order the student to pay to the University (for distribution in accordance with rule 26) compensation, in respect of any damage, destruction or loss resulting from the student’s breach of conduct; (iii) order the suspension of, or continue or vary the suspension of, the student for such period as the Committee determines (where in this subparagraph, ‘suspension’ has the same meaning as in rule 7(2)); (iv) order the student to undertake behavioural counselling; (v) order the exclusion of the student from the University; (vi) in the case of a breach of conduct that is academic misconduct – take any other action that a prescribed authority could have taken under subrule 8(7) if that authority had found that the student had committed academic misconduct; (vii) in the case of a breach of conduct that is misconduct within the meaning of rules made under the University Facilities Statute 1992 – take any other action that could have been taken under those rules if a student is found to have committed misconduct under those rules; or (b) declare that no further action is to be taken in relation to the matter. (10) For the purposes of subparagraph (9)(a)(ii), loss includes any loss suffered as a consequence of the removal without permission of, or other interference with, any property referred to in paragraph 5(b). (11) If, after considering the matters referred to in subrule (9), the Committee finds that the student has not committed a breach of conduct, the Committee must lift any suspension imposed on the student under rule 7 and may declare that no further action is to be taken in relation to the matter. (12) Where, at a Committee Inquiry, the Committee takes any action under subrule (9) or (11) or declares that no further action is to be taken, the Committee must cause written notice to be given to the student of the Committee’s action or declaration, as the case may be, and must, in that notice, give the Committee’s reasons for taking that action or making that declaration. (13) Subject to rule 12, the decision of the Committee at a Committee Inquiry is final. 13. (1) Where, at a Committee Inquiry, the Committee finds that a student has committed a breach of conduct, the student may appeal to the Appeals Board in accordance with this rule against the finding or against any reprimand or order given by the Committee as a consequence of the finding. (2) Where a student appeals under this rule, the appeal must be instituted not later than 14 days after the day on which the Committee causes notice to be given to the student under subrule 12(12). (3) An appeal under this rule must be instituted by delivering to the Student Conduct Officer a notice signed by the student stating that he or she wishes to appeal to the Appeals Board under this rule against the decision of the Committee and detailing the grounds of the appeal. (4) Where a student appeals under subrule (1), the Student Conduct Officer must cause notice of the appeal to be given to the Chairperson of the Appeals Board. (5) On receipt of the notice the Chairperson of the Appeals Board must fix the day on which the Board will hear the appeal, being a day not less than 7 days after the day of fixing, and the time and place at which the appeal will be heard, and must inform: (a) the Student Conduct Officer; and (b) the appellant student; of the day, time and place so fixed. (6) The Student Conduct Officer will prepare the necessary papers and information on the case for the Appeals Board to permit the Board to fulfil its responsibilities and obligations to the student and the University. 14. (1) Subject to this rule, the procedure at the hearing of an appeal under subrule 13(1) to the Appeals Board is to be determined by the members of the Board present at the Board hearing. (2) An appeal under subrule 13(1) is to be in the nature of a rehearing. (3) The Appeals Board, when conducting a Board hearing, is not bound to act in a formal manner and, subject to this rule, may inform itself on any matter in such manner as it thinks just. (4) The Board must ensure that the substance of any adverse evidence is accurately put to the student and the student has adequate opportunity to respond by producing new evidence in rebuttal. (5) At a Board hearing, the student may: (a) appear in person, with or without the assistance of another person; or (b) be represented, whether or not the student is present, by another person; and may advance, or have advanced on his or her behalf, evidence and representations in support of his or her case. A student enrolled in either a University course offered in conjunction with a partner institution overseas or a University course delivered on-line may participate in the appeal hearing by video or teleconference. (6) The person assisting or representing the student must be either: (a) a student or member of the academic or general staff of the University (not being a qualified lawyer); or (b) with the leave of the Appeals Board, a qualified lawyer. (7) Subject to subrule (8), at a Board hearing, a member of the academic or general staff of the University (not being a qualified lawyer) nominated by the Vice-Chancellor may be present to advise the Appeals Board in relation to the student’s alleged breach of conduct and to represent the University at the Board hearing and the nominated person may advance, on behalf of the University, evidence and representations in relation to the alleged breach of conduct. (8) If the person assisting or representing the student at the Board hearing is a qualified lawyer, the University may also be assisted or represented at the Board hearing by a qualified lawyer. (9) The student may (but is not obliged to) submit a written statement of his or her case to the Chairperson of the Appeals Board no later than 24 hours before the time of the hearing specified in the notice given to the student under rule 13. (10) Where, at a Board hearing, evidence or representations are advanced under subrule (5) or (7): (a) the Board and any person mentioned in those subrules who is present may see and, where applicable, read that evidence and hear those representations; (b) the student may request a copy or record of that evidence or those representations but copies of third party evidentiary materials must be surrendered after the Board inquiry has been completed. (11) Where a student does not appear, either in person or by his or her representative, at a Board hearing on the day, and at the time and place, fixed under subrule 13(5), the Appeals Board may exercise its powers under this rule in the absence of the student, as if the student had so appeared. (12) After considering any evidence and representations advanced by or on behalf of the student and the University at the Board hearing, and such other matters, if any, as the Appeals Board considers appropriate, the Board must confirm, vary or set aside: (a) the finding of the Committee at the Committee Inquiry; and (b) any reprimand given to the student at the Committee Inquiry; and (c) any order made at the Committee Inquiry, including for payment of compensation; and (d) any order made at the Committee Inquiry that the student undertake behavioural counselling; and (e) any order for the suspension of the student or for the exclusion of the student from the University; and (f) any action taken under subparagraph 12(9)(a)(vi) or (vii); and must cause written notice to be given to the student of the Board’s decision and must, in that notice, give the Board’s reasons for its decision. (12) Where the Appeals Board decides to vary any order made at a Committee Inquiry for the payment of compensation, the Board may order an amount of compensation to be paid that is less than, or greater than, the amount of compensation originally ordered to be paid. (13) A decision of the Appeals Board at a Board hearing is final. 15. (1) There is to be a Student Conduct Committee. (2) The functions of the Committee are: (a) to conduct an inquiry in relation to a matter referred to the Committee under paragraph 6(3)(c); and (b) to hear an appeal under rule 9 against a decision of a prescribed authority at a Summary Inquiry. (3) The Student Conduct Officer will prepare the necessary papers and information on the case for the Comittee to permit the Committee to fulfil its responsibilities and obligations to the student and the University. 16. (1) The Committee consists of the following members, to be appointed by the Council: (a) a professorial member of the academic staff (other than a prescribed authority); (b) a student member of the Council; (c) a member of the academic staff; and (d) a member of the general staff. (2) The Committee member referred to in paragraph (1)(a) is to be the Chairperson of the Committee. (3) The Student Conduct Officer may, at the invitation of the Chairperson, attend a meeting of the Committee to act as technical adviser to the Committee and may speak at the invitation of the Chairperson but is not a member of the Committee and is not entitled to vote on any question before the Committee. (4) The Committee member referred to in paragraph (1)(c) is to be the Deputy Chairperson of the Committee. (5) If the Chairperson of the Committee is, for any reason, unable to act, the Deputy Chairperson of the Committee is, during the period of the Chairperson’s inability, to act as Chairperson of the Committee. (6) If both the Chairperson and the Deputy Chairperson are, for any reason, unable to act, another member of the Committee appointed by the Chancellor, (who may be a member appointed under subrule (11)) is to act as Chairperson of the Committee during the period of inability of both the Chairperson and Deputy Chairperson to act as Chairperson. (7) Subject to subrules (8), (9), (10) and (11), a Committee member holds office: (a) in the case of a member referred to in paragraph (1)(b), for one year or for the remainder of his or her term as a Council member, whichever is the shorter; and (b) in the case of a member referred to in paragraph (1)(a) or (c) or (d), for 2 years; and is eligible for reappointment. (8) The Council may remove a Committee member from office for: (a) failure or incapacity to attend to his or her duties as a member; or (b) in the case of a member referred to in paragraph (1)(b), prohibited conduct; and a member so removed is not eligible for reappointment. (9) A Committee member may resign his or her office by writing signed by the member and delivered to the Student Conduct Officer. (10) If the Chairperson of the Committee ceases to hold office before the expiration of his or her term of office, the Council must appoint a person who is qualified for appointment as Chairperson of the Committee under this rule to be a member of the Committee and the appointed person is to hold the office of Chairperson for the balance of that term. (11) If a vacancy occurs in an office of the Committee (other than the office of Chairperson), the Council may, after such consultations, if any, as the Council considers appropriate, appoint a qualified person (or, where no such person is available, some other person) to the vacant office and the person so appointed holds office, subject to this rule, for the unexpired period of the term of office of the person in whose place the first-mentioned person is appointed. (12) Where: (a) on account of illness or otherwise, a Committee member is, or is likely to be, absent from a meeting of the Committee; or (b) a Committee member is, in accordance with rule 28, disqualified from taking part in the deliberations and decision of the Committee with respect to a matter; the Chairperson or acting Chairperson of the Committee may appoint a qualified person to act as a member of the Committee for the purposes of that meeting or in relation to that matter, as the case may be, and the person so appointed may attend that meeting or take part in the deliberations and decision of the Committee in relation to that matter, in the absence or during the disqualification of the Committee member and, when so attending or taking part, is taken to be a member of the Committee. 17. At a meeting of the Committee, 3 Committee members, including the Chairperson or acting Chairperson, constitute a quorum. 18. (1) Subject to this rule, a question arising in an inquiry conducted by, or an appeal to, the Committee is to be determined in accordance with the opinion of a majority of the members of the Committee present and voting. (2) Where, in an inquiry conducted by, or an appeal to, the Committee, the Committee members voting on a question are evenly divided in opinion, the question is to be determined by the Chairperson of the Committee. Part 5 – Appeals Board 19. (1) There is to be an Appeals Board. (2) The function of the Appeals Board is to hear an appeal under rule 13 against a decision of the Committee at a Committee Inquiry. 20. (1) Subject to subrule (4), the Appeals Board consists of the following members, to be appointed by the Council: (a) a member of the Council, not being a member referred to in paragraph 11(1)(e), (f), (g) or (h) of the University Act; (b) 2 other members of the Council. (2) The Appeals Board member referred to in paragraph (1)(a) is to be the Chairperson of the Board. (3) The Student Conduct Officer may, at the invitation of the Chairperson, attend a meeting of the Board to act as technical adviser to the Board and may speak at the invitation of the Chairperson but is not a member of the Board and is not entitled to vote on any question before the Board. (4) The following persons are not eligible to be appointed to the Appeals Board: (a) the Vice-Chancellor; (b) a Committee member. (5) If the Chairperson of the Appeals Board is, for any reason, unable to act, another Board member appointed by the Chancellor (being a Board member who is available to act but is not a student) is, during the period of the Chairperson’s inability, to act as Chairperson of the Board and a third person, appointed by the Chancellor and qualified under subrule (1), must be appointed to act as a temporary member of the Board during that period. (6) Subject to subrules (7), (8) and (9), an Appeals Board member holds office for 2 years or for the remainder of his or her term as a Council member, whichever is the shorter, and is eligible for reappointment. (7) If an Appeals Board member referred to in paragraph (1)(b) is a student, he or she holds office for one year or for the remainder of his or her term as a Council member, whichever is the shorter, and is eligible for reappointment. (8) The Council may remove an Appeals Board member from office for: (a) failure or incapacity to attend to his or her duties as a Board member; or (b) in the case of a Board member who is a student, prohibited conduct; and a member so removed is not eligible for reappointment. (9) An Appeals Board member may resign his or her office by writing signed by the member and delivered to the Student Conduct Officer. (10) If the Chairperson of the Appeals Board ceases to hold office before the expiration of his or her term of office, the Council must appoint a person who is qualified for appointment as Chairperson of the Board under this rule to be a member of the Board and the appointed person is to hold the office of Chairperson for the balance of that term. (11) If a vacancy occurs in an office of the Appeals Board (other than the office of Chairperson), the Council must, after such consultations, if any, as the Council considers appropriate, appoint a qualified person to the vacant office and the person so appointed holds office, subject to this rule, for the unexpired period of the term of office of the person in whose place he or she is appointed. (12) Where: (a) on account of illness or otherwise, an Appeals Board member is, or is likely to be, absent from a meeting of the Board; or (b) an Appeals Board member is, in accordance with rule 28, disqualified from taking part in the deliberations and decision of the Board with respect to a matter; the Chairperson or acting Chairperson of the Board must appoint a qualified person to act as a member of the Appeals Board for the purposes of that meeting or in relation to that matter, as the case may be, and the person so appointed may attend that meeting or take part in the deliberations and decision of the Board in relation to that matter, in the absence or during the disqualification of the Board member and, when so attending or taking part, is taken to be a member of the Board. 21. At a meeting of the Appeals Board, 3 Board members, including the Chairperson or acting Chairperson, constitute a quorum. 22. (1) Subject to this rule, a question arising in an appeal to the Appeals Board is to be determined in accordance with the opinion of a majority of the members of the Board voting. (2) Where, in an appeal to the Appeals Board, the Board members voting on a question are evenly divided in opinion, the question is to be determined by the Chairperson of the Board. 23. (1) Subject to subrules (2) and (3), where the Committee or the Appeals Board orders that a student be excluded from the University, the student: (a) ceases to be a student; and (b) must not again be admitted to a course of study or enrolled in a unit of study of the University, except with the leave of the Council. (2) Leave of the Council may not be sought under subrule (1) until at least one year after the day on which the exclusion took effect. (3) Where: (a) the Committee orders that a student be excluded from the University; and (b) the student institutes an appeal to the Appeals Board under subrule 13(1); the Chairperson of the Appeals Board may, if he or she thinks fit, suspend the operation of the Committee’s order until the appeal to the Board is determined. (4) Where, after the operation of an order of the Committee has been suspended under subrule (3), the Appeals Board affirms the order, the order takes effect as if it had been given by the Committee on the day it is affirmed. (5) For the purposes of this rule, a student is enrolled in a course of study or unit of study when he or she is enrolled in that course or unit in accordance with the procedures for enrolment determined from time to time by the Academic Board. 24. (1) Where, under these Rules, a student is ordered to be suspended from enrolment in a unit, the student must not, for the period specified in the order, attend such classes or enter such parts of the University grounds or use such of the University facilities as the person or body ordering or varying the suspension determines. (2) Subject to subrule (3), where a prescribed authority or the Committee orders the termination of a student’s enrolment in a unit of study, the student: (a) ceases to be enrolled in that unit; and (b) must not again be enrolled in that unit, except with the leave of the relevant Dean of Faculty. (3) Leave of the relevant Dean of Faculty may not be sought under subrule (2) until at least one year after the day on which the termination took effect. 25. The hearing of an appeal: (a) by the Committee at an appeal hearing; or (b) by the Appeals Board at a Board hearing; may be adjourned from time to time and from place to place. 26. Where, under subparagraph 7 (c)(i) or 12(9)(a)(ii) or subrule 10(10) or 14(12), compensation is to be paid to the University, being compensation in respect of damage, destruction or loss suffered by another person, the Student Conduct Officer must, upon receipt of a sum of money in respect of that compensation, cause that sum to be paid to that other person. 27. (1) Where, under these Rules, a student has been directed to pay compensation to the University, the student must not, except with the leave of the Council: (a) be enrolled or re-enrolled in a course of study or unit of study at the University; or (b) have an award conferred on the student by the University; or (c) be furnished with a document that states that the student has completed the whole or a part of a course; until: (d) the compensation has been paid; or (e) the student has entered into an arrangement satisfactory to the Vice-Chancellor for the payment of the compensation. (2) For the purposes of this rule, “enrolled” has the same meaning as in subrule 23(5). 28. (1) A person, being a member of the Committee or of the Appeals Board, who has a material interest in a matter before the Committee or the Board of which the person is a member, is disqualified from taking part in the deliberations and decision of that Committee or Board with respect to that matter. (2) Without limiting the generality of subrule (1), a member of the Committee or of the Appeals Board is deemed to have an interest in a matter before that Committee or Board, as the case may be, if that member is: (a) in the case of an appeal to the Committee – the prescribed authority from whose decision the appeal is brought; or (b) in the case of any proceedings before the Committee or Board – a student whose alleged breach of conduct or rules made under the University Facilities Statute 1992 is the subject of those proceedings. Proceedings not invalidated in certain circumstances
29. (1) A proceeding under these Rules is not invalid by reason only of a formal defect or irregularity. (2) An act done by the Committee or the Appeals Board is not invalid by reason only of a defect in the appointment of a member of the Committee or Board or by reason only of a vacancy in the office of a member of the Committee or Board. (3) An act done by the Vice-Chancellor or a prescribed authority under these Rules is not invalid by reason only of a formal defect or irregularity. 30. (1) Where: (a) a prescribed authority makes a finding, under paragraph 8(7)(c), that a student has committed a breach of conduct; or (b) the Committee, at a Committee Inquiry, makes a finding under paragraph 12(9); or (c) the Committee, at an appeal hearing, under paragraph 10(9)(a), confirms, varies or sets aside a finding; or (d) the Appeals Board, at a Board hearing, under paragraph 14(10)(a), confirms, varies or sets aside a finding; the finding, and any recommendation, reprimand, order, confirmation, variation or setting aside made as a consequence of the finding, must be recorded on the student’s personal record. (2) Subject to subrule (4), at any future proceedings taken under these Rules in respect of any future alleged breach of conduct, the finding, recommendation, reprimand, order, confirmation, variation or setting aside recorded on the student’s personal record under subrule (1) must be brought to the attention of a prescribed authority, the Committee or the Appeals Board, as the case may be. (3) Where a copy of a student’s personal record is made available to any person or body (other than under subrule (2)) at the student’s request, the matters, if any, recorded on the student’s record under subrule (1) must not be included in that copy of the student’s record, except at the written request of the student. (4) Upon the expiration of a period of 10 years, commencing on the day upon which the finding or other matter referred to in subrule (1) was made, any record entered under subrule (1) on the student’s personal record must be expunged from the record, for the purposes of this rule. (5) In this rule, “student’s personal record”, in relation to a student, means the personal record of the student held by or on behalf of the Student Conduct Officer. _____________________ Made at Council meeting no. 130 on 6 November 2009 and effective from that date. |
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