16.11.1 Where the Dean receives an allegation of misconduct, the Dean may obtain further details of the allegation of misconduct and make such other enquiries as he or she believes necessary.

16.11.2 If after considering all the information, the Dean is of the view that the allegation is without foundation, or that there is insufficient information to support the allegation or to warrant further investigation, the Dean may determine not to take further action in relation to the allegation in which case the Dean must notify the Registrar and provide sufficient information on the allegation to be retained by the Registrar on a confidential file.

16.11.3 Where the Dean believes an alleged act of student misconduct within the Faculty involves serious non-academic misconduct, the Dean shall refer the allegation to the Registrar to be handled in accordance with Rule 16.15. Before doing so, in cases where the allegation is made by an officer of the University, the Dean shall consult with that officer.

16.11.4 If the Dean decides to deal with the matter in accordance with a Faculty policy determined in accordance with Rule 16.8.1, the student must agree in writing to it being so dealt with prior to the commencement of any proceedings. If the student does not so agree, the matter is to be handled in accordance with Rule 16.11.5.

16.11.5 The Dean must, in writing and as soon as possible:

(1) notify the student of the allegation; and

(2) provide the student with a copy of the relevant Rules and Guidelines; and

(3) draw the attention of the student to the student's right to admit the alleged misconduct; and

(4) draw the attention of the student to any relevant approved Faculty Policy that the Dean has determined may be applied to the matter and invite the student to consider having the matter dealt with in accordance with the Faculty Policy as provided for in Rule 16.8 above; and

(5) give the student a reasonable period, being a period of not less than seven (7) days, to seek advice about available options; and

(6) ask whether the student admits or denies any or all of the allegations.

16.11.6 Where the student admits the allegation, the Dean must:

(1) deal with the matter in accordance with the Faculty Policy in those cases where the student has agreed to the matter being handled in this manner; or

(2) deal with the matter in accordance with the Rules as follows:

(a) where the Dean believes the alleged misconduct to involve serious academic misconduct refer the matter to a Faculty Student Conduct Committee for recommendation as to the penalty or penalties it considers appropriate; or

(b) impose one or more of the penalties set out in Rule 16.3.1(7) to Rule 16.3.1(16), in accordance with the Guidelines on Determining an Appropriate Penalty for Instances of Student Misconduct (refer Schedule 5); or

(3) advise the student in writing of the Dean's decision and the student's right of appeal in cases where the Dean has imposed a penalty.

16.11.7 Where the student denies the allegation of misconduct, or neither admits nor denies the allegation of misconduct by the time specified, the Dean must refer the allegation to the relevant Faculty Student Conduct Committee to make appropriate recommendations to the Dean.

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