3. Guidelines for inquiry bodies

3.1 Before any conclusion is reached in an inquiry into alleged misconduct by a student, the student must be:

• given the precise terms of and any reasons for the allegation;
• given an outline or summary of all details intended to be given to the inquiry body;
• given access to or a copy of documentation intended to be given to the inquiry body, and;
• given an opportunity to address all the information supplied.

3.2 The inquiry body must ensure that the student has a clear understanding of the allegation, of the nature of the evidence in its support and of the process which the inquiry body intends to follow and of the student's rights with respect to that process. A copy of these guidelines is to be given to the student at the time the student is formally made aware of the allegation.

3.3 The amount of detail that is given to the student is dependent upon the circumstances; generally, a student's request for details and access to documents relating to allegations about that student should be met, except where the information being sought:

• is an infringement upon the privacy of others
• may cause the safety of others to be at risk
• is irrelevant and/or excessive in amount.

3.4 The student must be given adequate time to prepare for the inquiry and to deal with the information provided; what is adequate depends upon the nature of the matter and the volume and complexity of the information.

3.5 The student must have an opportunity to seek advice; in some circumstances it may be appropriate for the University to make arrangements for advice to be given. The Registrar may seek advice on the University's behalf at any stage. There may be a need for translating and/or interpreting services to be provided.

3.6 If the student fails to respond to reasonable attempts by the Committee to communicate or does not provide the Committee with acceptable reasons for not attending a hearing, the Committee will make its own determination as to whether it will adjourn or proceed in the absence of the student.

3.7 The student's opportunity to address the information should be in person, in writing or both. The student should always have the option of having a friend or adviser present during any questioning or hearing. The inquiry body may place limitations on the role of a friend or adviser – for example, in some circumstances it may be appropriate for the student's friend or adviser to assist the investigating body by answering questions or addressing raised issues on the student's behalf. In most University circumstances, a friend or adviser present is not permitted by the inquiry body to act as an advocate or legal representative. Only in exceptional circumstances need legal representation be allowed.

3.8 The student may admit or deny the allegation, correct information as presented, provide an explanation, disclose mitigating factors or address the matters in other ways which the inquiry body, allowing some latitude if necessary, finds relevant.

3.9 The student must be given the opportunity of calling other persons to provide evidence in support of the student's defence against the allegation and the student should be allowed to lead any such witnesses through their evidence.

3.10 During the course of a hearing, the student should be given an opportunity of questioning any witness or other person who has supplied information to the inquiry body. A right to question does not imply a right to harass.

3.11 A person whose evidence provided to the inquiry body is questioned should be given an opportunity to respond to such questions.

3.12 During the course of inquiry, neither the fact that there is an inquiry nor any information relating to it or to the student should be disclosed to people who do not have a legitimate reason to have such information. Accordingly, hearings are normally held in camera.

3.13 Without compromising the thoroughness of an inquiry it should take place without any unnecessary delays, taking into account the reasonable needs of the student to be properly prepared.

3.14 The inquiry body should take into account all of the relevant information it has before it except any information which the student has not had an opportunity of addressing.

3.15 Knowledge which the inquiry body has of any past offences or other misconduct committed by the student may be taken into account only:

• as evidence that the student was aware that certain actions constitute misconduct; and
• as one factor in the consideration of the level of penalty, if the inquiry body finds that the present allegation of misconduct is proven.

3.16 The student is entitled to be given the reasons for the decision and/or recommendation at the time it is made known to the student.

3.17 The inquiry body is responsible for determining who, in addition to the student against whom the allegation was made, should receive formal notification of the decision and/or recommendation and the reasons for it. In making this determination, the inquiry body will take into account potentially conflicting needs of the student for privacy and of others who participated in the process and who may have ongoing responsibility for University courses or facilities. The inquiry body may impose conditions of confidentiality on any person who is so notified.

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