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STUDENT AND RELATED RULES

Section 16 – Student Misconduct and Appeals

PART A GENERAL PROVISIONS

16.3 Penalties

16.3.1 The penalty or penalties for student misconduct may be one or more of the following:

(1) rescission of an academic award conferred by the University where the award is as a result of fraud or serious academic misconduct committed by the student before the award was conferred;

(2) revocation of a recommendation to the Academic Board or the University Council that a student has satisfied the requirements for an award, effective for a period of up to twelve (12) months;

(3) permanent exclusion from the University, in which case:

(a) the student's enrolment will be terminated;

(b) the student will be recorded as excluded from the University;

(c) the student will not be entitled to any benefits, advantages or privileges of the University;

(d) the student will not be permitted to enrol in any course of study whether for award or otherwise at the University;

(e) any further applications from the student for admission to any course of study at the University will not be considered;

(4) exclusion from the University for a period of up to five (5) years in which case:

(a) the student's enrolment will be terminated;

(b) the student will be recorded as excluded from the University for the specified period of exclusion;

(c) the student will not be entitled to any benefits, advantages or privileges of the University for the specified period of exclusion;

(d) the student will not be permitted to enrol in any course of study at the University whether for award or otherwise during the period of any exclusion;

(e) the student may re-apply for readmission to the course at the University at the end of the period of exclusion. Readmission is not automatic and conditions relating to the student's future conduct at the University may be set by the Vice-Chancellor;

(5) suspension from the University for a specified period not exceeding twelve (12) months in which case:

(a) the student will not be entitled to any benefits, advantages or privileges of the University during the period of suspension;

(b) the student will not be permitted to enrol in any course of study whether for award or otherwise at the University during the period of suspension;

(c) the student will be entitled to re-enrol in the course from which the student has been suspended at the end of the period of suspension;

(6) suspension from a course of the University for a period not exceeding twelve (12) months in which case:

(a) the student will not be entitled to any course-related benefits, advantages or privileges of the University during the period of suspension;

(b) the student will not be permitted to enrol in the course from which the student has been suspended during the period of suspension;

(c) the student will be entitled to re-enrol in the course from which the student has been suspended at the end of the period of suspension;

(7) withholding of academic results for the relevant teaching period, and/or of an academic transcript, including deferral or withdrawal of permission to graduate, for a specified period not exceeding twelve (12) months;

(8) imposing conditions on enrolment and participation in specified subjects for a specified period not exceeding twelve (12) months, in which case if there is a further act of misconduct during the specified period the Vice-Chancellor or the Dean shall refer the matter to the University Student Conduct Committee or the relevant Faculty Student Conduct Committee, as the case may be, for a recommendation on the imposition of a more severe penalty;

(9) if the misconduct constitutes academic misconduct in relation to a subject in which the student is enrolled:

(a) a zero mark and 'Fail' result for any part or parts of the assessment of the subject;

(b) a requirement that the student re-submit a specific assessment task, with a reduction in marks to no more than a specified percentage of the maximum possible mark in the assessment task;

(c) a requirement that the student must undertake alternative assessment for the whole subject, for which the maximum possible mark can be no greater than a specified percentage of the total value of the assessment;

(d) a zero mark and 'Fail' result for the total assessment in the subject, in which case the zero mark and 'Fail' result will be denoted on the official record of the student in the same way as a 'Fail' result awarded in the usual way;

(10) exclusion from attendance at specified classes or subjects for a specified period not exceeding twelve (12) months, provided that these do not include the entirety of classes or subjects for which the student is enrolled or is eligible to be enrolled;

(11) exclusion from and prohibition from use of specified facilities of the University for a specified period not exceeding twelve (12) months;

(12) payment to the University or a third party by a specified date of a specified amount not exceeding the amount of any loss or damage where an act of misconduct involves loss of or damage to property or facilities of the University or a third party, in which case failure to pay the specified amount to the University by the specified date will be treated as a debt to the University and incur any or all such sanctions for non payment of charges as are provided for in the Section 4 (Fees, Charges and Other Financial Obligations);

(13) payment to the University by a specified date of a specified amount for its costs, not exceeding the amount of any costs incurred where an act of misconduct involves lengthy inquiries and proceedings, in which case failure to pay the specified amount to the University by the specified date will be treated as a debt to the University and incur any or all such sanctions for non payment of charges as are provided for in Section 4 (Fees, Charges and Other Financial Obligations);

(14) payment to the University by a specified date of a fine up to $5,000, with maximum fines for particular types of offences determined in accordance with the Guidelines on Determining an Appropriate Penalty for Instances of Student Misconduct (refer Schedule 5), in which case failure to pay the specified amount to the University by the specified date will be treated as a debt to the University and incur any or all such sanctions for non payment of charges as are provided for in Section 4 (Fees, Charges and Other Financial Obligations);

(15) imposition of specified conditions on attendance at specified classes or use of specified facilities of the University;

(16) a reprimand or caution.

16.3.2 Matters which may be taken into account in recommending or imposing a penalty in respect of instances of misconduct under these Rules include but are not limited to:

(1) the nature and seriousness of the misconduct;

(2) a student's previous record of misconduct;

(3) previous penalties imposed for student misconduct including any penalty deferred in accordance with Rule 16.3.3;

(4) the fact that a student has admitted an alleged act of misconduct;

(5) the fact that a student came forward on the student's own initiative and admitted an act of misconduct.

Regard should also be had to the Guidelines on Determining an Appropriate Penalty for Instances of Student Misconduct which are set out in Schedule 5 of the Rules, and which can be amended by the Vice-Chancellor from time to time, subject to notification of any change to Academic Board and Council.

16.3.3 The operation of a penalty may be deferred by the authority imposing the penalty for a period that will not normally exceed two (2) years, but may in appropriate cases continue for the duration of a student's enrolment in the course. During the period in which a penalty is deferred, as a condition of continued enrolment, the student must comply with any conditions prescribed by the Vice-Chancellor.

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