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UTS STUDENT RULES

Section 16 — Student misconduct and appeals

Part A — General provisions

16.1 Application

16.1.1 The Rules in this section apply to and in respect of all students of the University and in respect of misconduct by a person who was a student at the time of the misconduct, whether or not the person is currently enrolled (refer Rule 1.2.2).

16.1.2 Nothing in these Rules precludes the University from initiating civil or criminal proceedings against a student or former student in respect of misconduct.

16.2 Definition of misconduct

16.2.1 Student misconduct includes but is not limited to:

(1) (a) cheating or acting dishonestly in any way; or

(b) assisting any other student to cheat or act dishonestly in any way; or

(c) seeking assistance from others in order to cheat or act dishonestly; or

(d) attempting (a) or (b) or (c) in an examination, test, assignment, essay, thesis or any other assessment task that a student undertakes as part of the educational requirements of the course in which the student is enrolled;

(2) accessing or using another person's work by theft or other unauthorised means;

(3) using, or attempting to use, any material or equipment that is not specified on an examination paper for use in the examination;

(4) plagiarising, i.e. taking and using someone else's ideas or manner of expressing them and passing them off as his or her own by failing to give appropriate acknowledgement of the source to seek to gain an advantage by unfair means;

(5) acting in contravention of any official statement that defines acceptable academic practice as approved by Council, Academic Board or a Faculty Board from time to time;

(6) contravening any provision of the Act, the By-law, these Rules, and the codes of conduct, policies, procedures, directives, guidelines and any other form of regulation of the University;

(7) acting in contravention of any official statement that defines acceptable standards of conduct and behaviour as approved by Council, Academic Board or a Faculty Board from time to time;

(8) prejudicing the good name or academic standing of the University;

(9) prejudicing the good order and government of the University;

(10) a breach of confidentiality or privacy requirements or obligations in respect of the University or its staff, students or other relevant parties;

(11) unreasonably interfering with the freedom of other persons to pursue their studies, carry out their functions or participate in the life of the University;

(12) harassing or engaging in any other form of improper or discriminatory behaviour towards another student, an officer of the University, a visitor to the University, or any other person while that person is engaged in any activity related to his or her University purposes; such misconduct may relate, but is not limited, to race, ethnic or national origin, gender, marital status, sexual preference, disability, age, political conviction or religious belief;

(13) intimidating or assaulting another student, officer of the University, a visitor to the University or any other person on University premises or while that person is engaged in any activity related to his or her University purposes;

(14) failing to comply with any order or direction lawfully made or given under the Act, the By-law, these Rules, and the codes of conduct, policies, procedures, directives, guidelines and any other form of regulation of the University;

(15) refusing to identify himself or herself when asked lawfully to do so by an officer of the University;

(16) failing to comply with any conditions set by the Vice-Chancellor or the Vice-Chancellor's nominee under Rules 2.1.9 or 16.3.3;

(17) breaching the terms or conditions of a penalty imposed for student misconduct;

(18) obstructing any officer of the University in the performance of the officer's duties including preventing or attempting to prevent an officer of the University from occupying or using his or her assigned work area and/or refusing to leave such an area when instructed to do so;

(19) behaving disgracefully, improperly or inappropriately:

(a) in a class, meeting or other activity in or under the control or supervision of the University; or

(b) on University premises or facilities; or

(c) on any other premises or facilities to which the student has access for his or her University purposes; or

(d) while pursuing any activity related to his or her University enrolment;

(20) publishing material which is abusive, offensive, vilifying, harassing, discriminatory or inappropriate about the University, another student, or an officer of the University, in any forum or media, including but not limited to print, internet, social media, email, digital or electronic communications and broadcasting forums;

(21) failing to comply with the prescribed provisions relating to the student's placement at another institution, place of learning or place of business;

(22) acting dishonestly in relation to an application for admission to the University;

(23) knowingly making any false or misleading representation about things that concern the student as a student of the University including but not limited to a breach of Rule 2.1.8;

(24) knowingly making any false or misleading representation in relation to funding, prizes, grants and/or scholarships;

(25) fabrication, falsification or misleading representation of data or results;

(26) wilful concealment or a facilitation of research misconduct by others;

(27) altering or attempting to alter any document or record of the University, or causing or attempting to cause any unauthorised alteration of such a document or record;

(28) altering or falsifying any document that the University requires of the student (e.g. medical certificate, professional authority form or other supporting documentation);

(29) impersonating another student, or arranging for anyone to impersonate a student, in an examination, assessment task, an assessment requirement or in any other University related activity;

(30) misusing any University facility in a manner which is illegal or which is or will be detrimental to the rights or property of others;

(31) without limiting, in any way, 16.2.1(30), or the definition of 'facility', misusing any computing or communications equipment or capacity to which the student has access at or away from University premises for his or her University purposes in a manner which is illegal or which is or will be detrimental to the rights or property of others;

(32) stealing, destroying, damaging or causing loss or cost in respect of a facility or property of the University or for which the University is responsible, or any other property of any other person within the University premises; and/or

(33) making an unauthorised disclosure of and/or misusing Student Security Identification (SSI).

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 or partly as a result of fraud or serious misconduct committed by the student before the award was conferred;

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

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

(4) exclusion from the University for a period of up to five 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 at the University whether for award or otherwise during the period of any exclusion;

(e) the student may reapply for readmission to the course at the University at the end of the period of exclusion. Readmission is not automatic (refer Rule 5.9.3). If a student is readmitted, conditions relating to the student's future conduct at the University may be set by the Vice-Chancellor or Vice-Chancellor's nominee (refer Rule 2.1.9);

(5) suspension from the University for a specified period not exceeding 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 be recorded as suspended from the University for the specified period of suspension;

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

(d) 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 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 be recorded as suspended from the course for the specified period of suspension;

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

(d) 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 official academic records, including deferral or withdrawal of permission to graduate;

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

(9) if the misconduct relates to a subject in which the student is enrolled:

(a) a reduction in marks for any part or parts of an assessment; or

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

(c) a requirement that the student re-do and submit a specific assessment task, with a reduction in marks to no more than a specified percentage, normally 50 per cent, of the maximum possible mark in the assessment task; or

(d) a requirement that the student must undertake another alternative assessment task, for which the maximum possible mark can be no greater than a specified percentage, normally 50 per cent, of the maximum possible mark in the assessment task; or

(e) a zero mark and 'Fail' result for 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 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 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 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 $5000, 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 4), 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 or services of the University;

(16) a reprimand.

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 or suspended 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 (refer Schedule 4) which can be amended by the Vice-Chancellor or Vice-Chancellor's nominee 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:

(1) deferred by the person imposing the penalty for a period that will not normally exceed two years, but may in appropriate cases continue for the duration of a student's enrolment. 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 or Vice-Chancellor's nominee.

(2) suspended by the person imposing the penalty for a period that will not normally exceed two years, but may in appropriate cases continue for the duration of a student's enrolment. If there is a further act of misconduct during the specified period, the penalty will be imposed immediately.

16.4 Designation

16.4.1 The Vice-Chancellor may at any time designate a nominee including the Provost or a Deputy Vice-Chancellor with appropriate portfolio responsibilities, to exercise all or part of the Vice-Chancellor's powers, duties and responsibilities under this section of the Rules.

16.4.2 The Vice-Chancellor must advise Council of any such designation.

16.5 Procedural fairness

16.5.1 A student is entitled to procedural fairness in the handling of an allegation of student misconduct including any appeal.

16.5.2 Guidelines Relating to Student Misconduct and Appeals (refer Schedule 3) provide general guidance on procedural fairness and will be followed unless a Conduct Committee, Responsible Academic Officer, the Vice-Chancellor, the Vice-Chancellor's nominee or the Director, Governance Support Unit determines that there are sufficiently compelling circumstances to require different procedures in particular proceedings in order to ensure procedural fairness.

16.5.3 A student or an officer of the University including the Vice-Chancellor or Vice-Chancellor's nominee, Responsible Academic Officer or member of a Conduct Committee must not hear or determine an allegation of student misconduct if he or she is personally involved in any aspect of the allegation.

16.5.4 For the purposes of Rule 16.5.3 a student or an officer of the University is not personally involved in any aspect of an allegation by reason only of the fact that he or she hears or deals with the allegation under these Rules.

16.5.5 In the event that the Vice-Chancellor or Vice-Chancellor's nominee, a Responsible Academic Officer, or a member of a Conduct Committee believes that his or her involvement in a matter would lead to a conflict of interest, he or she must consult with the Director, Governance Support Unit. The Director, Governance Support Unit will determine an appropriate person to deal with the matter.

16.6 Allegation of misconduct

16.6.1 An allegation of student misconduct must specify each individual act of alleged misconduct.

16.6.2 An allegation of student misconduct occurring within a faculty in relation to the teaching and conduct of courses and subjects within that faculty must be referred to the Responsible Academic Officer of the relevant faculty:

(1) If the student misconduct involves plagiarism the Responsible Academic Officer will deal with the matter in accordance with Rule 16.10 and in accordance with the Guidelines for Handling Student Misconduct Involving Plagiarism (refer Schedule 5).

(2) If the student misconduct involves misconduct other than plagiarism, the Responsible Academic Officer must refer the matter to the Director, Governance Support Unit to be handled in accordance with Rule 16.12.

(3) Allegations involving both plagiarism and other misconduct must be referred to the Director, Governance Support Unit to be handled in accordance with Rule 16.12.

16.6.3 All other allegations of student misconduct must be referred to the Director, Governance Support Unit and handled in accordance with Rule 16.12.

16.7 Admission of misconduct

16.7.1 A student may admit an act of misconduct at any time.

16.7.2 When a student admits both the occurrence and the substance of an act of misconduct:

(1) any inquiry being undertaken by a relevant officer of the University or committee in relation to that act of misconduct may cease;

(2) the relevant officer of the University or committee will make recommendations only as to the penalty or penalties in accordance with the Guidelines on Determining an Appropriate Penalty for Instances of Student Misconduct (refer Schedule 4).

16.8 Annual report of matters related to student misconduct and appeals

16.8.1 Each year the Director, Governance Support Unit will provide the Vice-Chancellor, for the information of Academic Board and Council, with a report on all student misconduct and appeal matters, including decisions made in relation to the recommendations of the University Student Conduct Committee and the Student Misconduct Appeals Committee.

16.8.2 The Vice-Chancellor or Vice-Chancellor's nominee will take whatever action he or she considers necessary to ensure reasonable consistency in respect of the handling of student misconduct matters between the faculties and in respect of the penalties imposed.

Part B — Temporary exclusion

16.9 Exclusion from facilities and/or participation in activities

16.9.1 An officer of the University may summarily exclude a student from facilities and/or participation in activities under this Rule in circumstances in which it is appropriate to do so. Such circumstances include, but are not limited to, where the officer reasonably believes:

(1) the student is suspected of having committed an act of misconduct in, or in relation to, the use of facilities and/or participation in an activity; or

(2) the student's behaviour is disrupting use of the facilities by others or participation in activities by others or likely to disrupt them; or

(3) the student's behaviour is causing or encouraging others to disrupt use of the facilities and/or participation in activities; or

(4) there is or may be a threat to the safety of persons or property.

16.9.2 For the purpose of Rule 16.9, facilities and participation in activities includes but is not limited to classes, laboratories, computer laboratories, University Library, practicums, clinical practice or fieldwork excursions, practical experience or workplace placements.

16.9.3 Guidelines on Exclusion of Students from Facilities and/or Participation in Activities consistent with this Rule must be approved by Academic Board from time to time for the purpose of providing guidance to students and officers of the University on the application of Rule 16.9 in various circumstances and situations.

16.9.4 An exclusion from facilities and/or participation in activities ceases to have effect at the expiration of 14 days from the day on which the alleged circumstance or incident occurred, unless sooner revoked.

16.9.5 An officer of the University who excludes a student from facilities and/or participation in activities under this Rule must notify the relevant Responsible Academic Officer, the University Librarian or the Director, Governance Support Unit of the exclusion not later than two working days after the exclusion takes place. The notification must outline the circumstance or incident including any relevant behaviour, the period of exclusion and from which facility or activity the student was excluded.

16.9.6 Within three working days of receiving the notification the Responsible Academic Officer, the University Librarian or the Director, Governance Support Unit will send a notice to the student outlining the basis of the exclusion.

16.9.7 If the circumstance or incident leading to summary exclusion occurs in a classroom, or during a practicum, clinical practice, fieldwork excursion, practical experience or workplace placement, or in a faculty facility, the Responsible Academic Officer may decide whether the notified circumstance or incident:

(1) should be treated as an allegation of student misconduct for referral to the Director, Governance Support Unit to be handled in accordance with Rule 16.12;

(2) should be treated as a circumstance or incident for referral to the Vice-Chancellor or Vice-Chancellor's nominee to be handled in accordance with Rule 2.1.9; or

(3) where relevant, should be dealt with under the professional experience requirements of Rule 3.4.

16.9.8 If the incident occurs in the University Library, the University Librarian will decide whether the notified incident should be treated as an allegation of student misconduct for referral to the Director, Governance Support Unit to be handled in accordance with Rule 16.12.

16.9.9 If the Responsible Academic Officer or the University Librarian decides to treat the notified incident in another way, the notification and details of the subsequent action by the Responsible Academic Officer or University Librarian will be placed on the student's file and may be used at some future time in determination of a penalty should further instances of misconduct occur in accordance with the Guidelines on Determining an Appropriate Penalty for Instances of Student Misconduct (refer Schedule 4).

16.9.10 In all other cases, the matter must be referred to the Director, Governance Support Unit who will determine the appropriate action in accordance with Rule 16.12.

16.9.11 The student will be notified of all decisions and action taken.

Part C — Allegations of misconduct handled at the faculty level

16.10 Allegations referred to the Responsible Academic Officer

16.10.1 Where the Responsible Academic Officer believes an alleged act of student misconduct within the faculty involves any form of misconduct other than plagiarism, the Responsible Academic Officer shall refer the allegation to the Director, Governance Support Unit to be handled in accordance with Rule 16.12. Before doing so, in cases where the allegation is made by an officer of the University, the Responsible Academic Officer shall consult with that officer.

16.10.2 Where the Responsible Academic Officer receives an allegation of misconduct involving plagiarism, the Responsible Academic Officer may, in accordance with the Guidelines for Handling Student Misconduct Involving Plagiarism (refer Schedule 5), obtain further details of the allegation of misconduct and make such other enquiries as he or she believes necessary.

16.10.3 If, after considering all the information, the Responsible Academic Officer is of the view that the allegation of plagiarism:

(1) is without foundation, or that there is insufficient information to support the allegation or to warrant further investigation, the Responsible Academic Officer may determine not to take further action in relation to the allegation in which case the Responsible Academic Officer will retain records in support of the decision on a confidential file;

(2) may be substantiated as plagiarism, the Responsible Academic Officer must, in writing and as soon as possible:

(a) notify the student of the allegation;

(b) provide the student with a copy of, or an electronic link to, the relevant Rules and Guidelines;

(c) give the student a reasonable period, being a period of not less than five working days' notice to respond in writing and, if the Responsible Academic Officer considers it necessary, attend a meeting.

16.10.4 Following consideration of the student's response, if any, the Responsible Academic Officer must:

(1) deal with the matter in accordance with the Rules, and the Guidelines for Handling Student Misconduct Involving Plagiarism (refer Schedule 5), and as follows:

(a) impose no penalty because the Responsible Academic Officer believes no penalty is warranted; or

(b) issue a formal warning; or

(c) impose one or more of the penalties set out in Rule 16.3.1(9), in accordance with the Guidelines on Determining an Appropriate Penalty for Instances of Student Misconduct (refer Schedule 4); or

(d) where the Responsible Academic Officer believes the misconduct warrants any other penalty, refer a recommendation to the Director, Governance Support Unit to be handled in accordance with Rule 16.12;

(2) advise the student in writing of the Responsible Academic Officer's decision and the student's right of appeal in cases where the Responsible Academic Officer has imposed a penalty.

16.11 Responsible Academic Officer's decision on misconduct involving plagiarism

16.11.1 In coming to a decision on misconduct involving plagiarism the Responsible Academic Officer must consider:

(1) the student's written representations and/or representations at a meeting (if any); and

(2) any other previous case of student misconduct which the Responsible Academic Officer believes is similar to the case he or she is considering, to assist with consistency in decision-making.

16.11.2 Where the Responsible Academic Officer believes one or more of the penalties specified in Rule 16.3.1(9) is appropriate, the Responsible Academic Officer:

(1) must make the decision as to the penalty;

(2) must in writing and as soon as possible notify the student of the decision and give reasons for the decision;

(3) must provide the Director, Governance Support Unit with a report and a copy of the notification to the student;

(4) may notify any other person of the decision and reasons in accordance with the Guidelines Relating to Student Misconduct and Appeals (refer Schedule 3).

16.11.3 Where the Responsible Academic Officer believes one or more of the penalties specified in Rule 16.3, other than Rule 16.3.1(9), is appropriate, the Responsible Academic Officer must:

(1) refer the matter to the Director, Governance Support Unit to be handled in accordance with Rule 16.12;

(2) provide the Director, Governance Support Unit with a written report, which includes the Responsible Academic Officer's recommendations;

(3) provide a copy of his or her report to the student at the same time.

16.11.4 Where the matter has been referred to the Director, Governance Support Unit in accordance with Rule 16.11.3, the student may, within five days of receiving the Responsible Academic Officer's report, make written representations to the Director, Governance Support Unit about the recommendations of the Responsible Academic Officer.

Part D — Allegations of misconduct handled centrally

16.12 Allegations referred to the Director, Governance Support Unit

16.12.1 Where a matter has been referred from a Responsible Academic Officer under Rule 16.11.3, the Director, Governance Support Unit must refer the matter to the Vice-Chancellor or Vice-Chancellor's nominee for decision under Rule 16.12.6.

16.12.2 In all other cases where the Director, Governance Support Unit receives an allegation of misconduct, the Director, Governance Support Unit may obtain further details of the allegation of misconduct and make such other enquiries as he or she believes necessary.

16.12.3 If after considering all the information, the Director, Governance Support Unit 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 Director, Governance Support Unit may determine not to take further action in relation to the allegation in which case the Director, Governance Support Unit will retain sufficient information on the allegation on a confidential file.

16.12.4 Where the alleged misconduct involves misconduct during a centrally conducted examination, the Director, Governance Support Unit will:

(1) inquire into the alleged misconduct;

(2) in consultation with the Subject Coordinator consider the evidence including the student's response, if any;

(3) decide on the appropriate course of action, as follows:

(a) dismiss the allegation of misconduct; or

(b) issue a formal warning; or

(c) issue a formal notice of an allegation of misconduct.

(4) If 16.12.4(3)(c) applies:

(a) notify the student of the allegation in writing;

(b) provide the student with a copy of, or an electronic link to, the relevant Rules and Guidelines;

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

(d) give the student a reasonable period, being a period of not less than five working days, to seek advice about available options; and

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

(5) If 16.12.4(3)(c) applies, refer:

(a) the matter to the Vice-Chancellor or Vice-Chancellor's nominee for consideration as specified in Rule 16.12.6 in instances where the student admits the misconduct and the nature of the misconduct is sufficiently serious to warrant consideration of a formal penalty under Rule 16.3; or

(b) the allegation to the University Student Conduct Committee;

(6) advise the student in writing of the decision under 16.12.4(3).

16.12.5 Where the alleged misconduct involves misconduct not covered by Rule 16.12.4, the Director, Governance Support Unit will:

(1) inquire into the alleged misconduct;

(2) consider the evidence;

(3) decide on the appropriate course of action, as follows:

(a) dismiss the allegation of misconduct; or

(b) issue a formal warning; or

(c) issue a formal notice of an allegation of misconduct.

(4) If 16.12.5(3)(c) applies:

(a) notify the student of the allegation in writing;

(b) provide the student with a copy of, or an electronic link to, the relevant Rules and guidelines;

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

(d) give the student a reasonable period, being a period of not less than five working days, to seek advice about available options; and

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

(5) If 16.12.5(3)(c) applies, refer:

(a) the matter to the Vice-Chancellor or Vice-Chancellor's nominee for consideration as specified in Rule 16.12.6 in instances where the student admits the misconduct and the nature of the misconduct is sufficiently serious to warrant consideration of a formal penalty under Rule 16.3; or

(b) the allegation to the University Student Conduct Committee;

(6) advise the student in writing of the decision under 16.12.5(3).

16.12.6 Where the student admits the allegation, or the matter has been referred from a Responsible Academic Officer under Rule 16.11.3, the Director, Governance Support Unit must refer the matter to the Vice-Chancellor, or Vice-Chancellor's nominee who must:

(1) where the Vice-Chancellor or Vice-Chancellor's nominee believes the misconduct could be sufficiently serious to warrant the penalty specified in Rules 16.3.1(1) to 16.3.1(6) refer the matter to a University Student Conduct Committee for recommendation as to the penalty or penalties it considers appropriate; or

(2) impose one or more of the penalties set out in Rules 16.3.1(7) to 16.3.1(16), in accordance with the Guidelines on Determining an Appropriate Penalty for Instances of Student Misconduct (refer Schedule 4); or

(3) impose no penalty because the Vice-Chancellor or Vice-Chancellor's nominee believes no penalty is warranted.

16.12.7 Where the student denies the allegation, or neither admits nor denies the allegation of misconduct by the time specified, the Director, Governance Support Unit must refer the allegation to a University Student Conduct Committee.

16.13 University Student Conduct Committee

16.13.1 Composition

(1) A University Student Conduct Committee will comprise four members:

(a) a person with a legal qualification who may but need not be a member of the University staff, as the Chair of the committee; and

(b) a member of the University staff; and

(c) two members who are students of the University nominated by the Faculty Boards, and who:

(i) have attended the University for at least one year; and

(ii) are not full-time (continuing or fixed-term) members of the University staff.

(2) Academic Board will from time to time approve panels of persons, nominated by the Director, Governance Support Unit following consultation with the Deans and Directors, in each of the above categories who can be appointed to a University Student Conduct Committee.

(3) When a meeting of the University Student Conduct Committee is required, the Director, Governance Support Unit will appoint four persons from the approved panels to constitute a committee.

16.13.2 Conduct of meetings

(1) All members of a University Student Conduct Committee must be present at all its meetings.

(2) A University Student Conduct Committee is not bound by the rules of evidence and may inform itself on any matter it thinks fit consistent with Rule 16.5.

(3) A decision of the University Student Conduct Committee requires a simple majority. In the case where the vote is tied, the Chair has an additional casting vote.

16.13.3 Role

(1) Where an alleged act of misconduct has been referred by the Director, Governance Support Unit to the University Student Conduct Committee, the committee must:

(a) inquire into any alleged act of misconduct; and

(b) make recommendations to the Vice-Chancellor or Vice-Chancellor's nominee as to whether there has been an act of misconduct and, if there has been, the penalty or penalties it considers to be appropriate in accordance with Rule 16.3.1.

(2) Where a student has admitted an act of misconduct and the matter has been referred to the University Student Conduct Committee, the committee must make recommendations to the Vice-Chancellor or Vice-Chancellor's nominee as to the penalty or penalties it considers appropriate for the admitted act of misconduct, in accordance with Rule 16.3.1.

16.13.4 Procedures

(1) A University Student Conduct Committee will determine its own procedures consistent with Rule 16.5.

(2) The Director, Governance Support Unit (or nominee) will present to a University Student Conduct Committee evidence on which the allegation of misconduct is based, outline the University's concerns about the alleged misconduct and make submissions as to the nature and extent of any appropriate penalty.

(3) The student may present evidence in support of his or her case and in response to any of the matters presented by the Director, Governance Support Unit (or nominee).

(4) A University Student Conduct Committee may at any time ask the Director, Governance Support Unit (or nominee) or the student to present additional evidence or address specific issues.

(5) In preparing its recommendations, a University Student Conduct Committee must have due regard to Rule 16.3.2.

16.13.5 Committee report

(1) A University Student Conduct Committee must prepare a written report containing its factual findings on any inquiry, its reasons and its recommendations.

(2) A University Student Conduct Committee must provide its written report to the Vice-Chancellor or Vice-Chancellor's nominee and the student.

16.14 Vice-Chancellor's or Vice-Chancellor's nominee decision

16.14.1 In coming to a decision the Vice-Chancellor or Vice-Chancellor's nominee must consider:

(1) the written report of a University Student Conduct Committee;

(2) any other previous case of student misconduct which the Vice-Chancellor or Vice-Chancellor's nominee believes is similar to the case he or she is considering, to assist with consistency in decision-making.

16.14.2 The Vice-Chancellor or Vice-Chancellor's nominee may rely on the findings of fact of a University Student Conduct Committee.

16.14.3 The Vice-Chancellor or Vice-Chancellor's nominee may accept any or all of a University Student Conduct Committee's recommendations, or take a different view as to whether there has been an act of misconduct or the appropriate penalty or penalties.

16.14.4 If the Vice-Chancellor or Vice-Chancellor's nominee is considering a penalty which is more severe than that recommended by the University Student Conduct Committee, the Vice-Chancellor or Vice-Chancellor's nominee shall, before imposing the penalty, notify the student in writing and provide the student with the opportunity to make representations concerning the appropriateness of the penalty.

16.14.5 The student must make any such representations within five working days of receiving the details from the Vice-Chancellor or Vice-Chancellor's nominee.

16.14.6 The Director, Governance Support Unit must, in writing and as soon as possible, notify the student of the Vice-Chancellor or Vice-Chancellor's nominee's decision, and

(1) if the Vice-Chancellor or Vice-Chancellor's nominee has accepted all the recommendations of a University Student Conduct Committee, need only tell the student that this was so; or

(2) advise the student of the Vice-Chancellor or Vice-Chancellor's nominee's reasons for the decision.

16.14.7 The Director, Governance Support Unit may notify any other person of the decision and reasons in accordance with the Guidelines Relating to Student Misconduct and Appeals (refer Schedule 3).

Part E — Student misconduct appeals

16.15 Basis for appeals

16.15.1 A student has a right of appeal to a Student Misconduct Appeals Committee in respect of a decision of the Vice-Chancellor or Vice-Chancellor's nominee under Rules 16.12.6(2) or 16.14 or of the Responsible Academic Officer under Rule 16.11.2.

16.15.2 An appeal must be in writing, must specify and substantiate the grounds of the appeal and be lodged with the Director, Governance Support Unit within 20 working days after notice of the decision is provided to the student.

16.15.3 The grounds on which a student may appeal against a decision of the Vice-Chancellor or Vice-Chancellor's nominee or of a Responsible Academic Officer in response to the findings or to the penalty or penalties imposed are:

(1) that the decision was based on a material misunderstanding of these Rules;

(2) that the decision was based on a material mistake as to the facts;

(3) that a failure of procedural fairness occurred including failure to follow specified procedural requirements which would be likely to have had an impact on the decisions or outcomes of the proceedings;

(4) that fresh relevant evidence has become available to the student, being evidence that was not available or known to the student at the time of the decision and which would be likely to have affected the outcome of the proceedings;

(5) that the penalty or penalties imposed on the student were manifestly excessive or inappropriate.

16.15.4 The Vice-Chancellor or Vice-Chancellor's nominee may, on the application of the student concerned or otherwise, direct that any action to be taken as a consequence of a decision to impose any penalty be stayed:

(1) until the time for making an appeal against a decision has expired; or

(2) if an appeal against a decision is made within that time, until the appeal has been finally determined.

16.16 Student Misconduct Appeals Committee

16.16.1 Composition

(1) A Student Misconduct Appeals Committee will consist of:

(a) a person with legal qualifications as the Chair of the committee;

(b) a person with expertise in academic matters and knowledge of the University or universities; and

(c) a student of the University who has attended the University for at least two years and who is not a full-time (continuing or fixed-term) member of the University staff.

(2) Council will from time to time approve panels of persons, nominated by the Director, Governance Support Unit following consultation with the Deans and Directors, in each of the above categories who can be appointed to a Student Misconduct Appeals Committee.

(3) No person may serve on a Student Misconduct Appeals Committee considering a case in which the person was a member of the original inquiry body (a Responsible Academic Officer or University Student Conduct Committees) or involved previously in any capacity in the case before the Student Misconduct Appeals Committee.

(4) When an appeal is lodged, the Director, Governance Support Unit will nominate three persons from the approved panels to constitute the Student Misconduct Appeals Committee.

(5) The Director, Governance Support Unit will notify the student of the three persons who have been nominated.

(6) Within five days of the date of notification, the student may in accordance with Rule 16.16.2 notify the Director, Governance Support Unit in writing that she or he objects to the inclusion of any of these persons.

(7) If the student does object and if the Director, Governance Support Unit in his or her absolute discretion is satisfied that cause exists (refer Rule 16.16.2), the Director, Governance Support Unit will nominate another person or persons. Should the approved panel for a category be exhausted, the Director, Governance Support Unit may nominate a person in the category who is not on the approved panel. This process will continue until a committee can be convened.

16.16.2 Objection to membership

(1) A student has a right to object to the inclusion of a person on a Student Misconduct Appeals Committee with cause, where 'cause' is defined as:

(a) not having the requisite qualifications; or

(b) being incapable of discharging his or her duty; or

(c) not being impartial; or

(d) reasonably perceived as not being impartial.

16.16.3 Conduct of appeals proceedings

(1) All members of a Student Misconduct Appeals Committee must be present at all its meetings.

(2) The Chair must determine any question relating to the admissibility of evidence and any other matter relating to procedural fairness or questions of law.

(3) Subject to 16.16.3(2), a decision of a Student Misconduct Appeals Committee requires a simple majority.

(4) If a member of a Student Misconduct Appeals Committee ceases to be a member at a point when the remaining members have reached a decision, and that decision is unanimous, the decision of the remaining members will be the decision of the Student Misconduct Appeals Committee.

16.16.4 Role

(1) In normal circumstances a Student Misconduct Appeals Committee will limit the inquiry to:

(a) the grounds of appeal specified in the notice of appeal submitted by the student, consistent with Rule 16.15.3; and

(b) ensuring, as far as reasonably possible, that the penalty or penalties imposed for the student misconduct are consistent with case precedents and comparable to penalties imposed across the University for similar acts of misconduct.

(2) In exceptional circumstances where there are substantial grounds to believe that it is necessary in the interests of justice and procedural fairness, the Student Misconduct Appeals Committee will consider the matter afresh according to the merits of the case.

(3) The Student Misconduct Appeals Committee will make a determination in each individual case as to whether to consider the matter in accordance with 16.16.4(1) or 16.16.4(2).

16.16.5 Procedures

(1) A Student Misconduct Appeals Committee will determine its own procedures consistent with these Rules, including Rules 16.5 and 16.16.3. This includes whether or not to hear all or any part of a matter afresh.

(2) Unless there are exceptional circumstances, a Student Misconduct Appeals Committee will not consider any material that has not first been considered by the Responsible Academic Officer, or by the Vice-Chancellor or Vice-Chancellor's nominee and University Student Conduct Committee.

(3) If new evidence is presented to a Student Misconduct Appeals Committee, being evidence that was not initially considered by the Responsible Academic Officer or the Vice-Chancellor or Vice-Chancellor's nominee or the University Student Conduct Committee, the Student Misconduct Appeals Committee will refer the matter back for reconsideration in light of the new evidence.

(4) A Student Misconduct Appeals Committee is not bound by the rules of evidence and may inform itself on any matter it thinks fit consistent with Rule 16.5.

(5) A Student Misconduct Appeals Committee will normally conclude its inquiry and prepare its report within six weeks of the conclusion of the committee's first meeting.

(6) Notwithstanding the provisions of Rule 16.16.5(5), and subject to the approval of the Chancellor, Vice-Chancellor and Director, Governance Support Unit, in an individual case the time within which the report of a Student Misconduct Appeals Committee must be made may be extended to not more than six months from the conclusion of the committee's first meeting or such other period as may be warranted in exceptional circumstances.

16.16.6 Dissolution of Committee

(1) Where, in the opinion of the Director, Governance Support Unit, a Student Misconduct Appeals Committee is not progressing an appeal expeditiously, the Director, Governance Support Unit may, after consultation with the Chair of the Student Misconduct Appeals Committee, by notice in writing served on the members of the Student Misconduct Appeals Committee and the student, dissolve that committee.

(2) Where the Director, Governance Support Unit dissolves a Student Misconduct Appeals Committee under Rule 16.16.6(1), another committee will be constituted in accordance with Rule 16.16.1 to inquire into the appeal, provided that no person who was a member of the dissolved Student Misconduct Appeals Committee may be a member of the newly constituted Student Misconduct Appeals Committee unless the Director, Governance Support Unit so determines.

16.16.7 Decision

(1) A Student Misconduct Appeals Committee may:

(a) for any reason, refer a matter back to the Vice-Chancellor or Vice-Chancellor's nominee, Responsible Academic Officer or the University Student Conduct Committee as appropriate for further consideration and recommendations;

(b) uphold or dismiss an appeal against a finding that the student has committed an act of misconduct or against the penalty or penalties imposed;

(c) affirm, vary or nullify a penalty in accordance with the decision reached under Rule 16.16.7(1)(b).

(2) A decision of a Student Misconduct Appeals Committee is final, except where further misconduct has occurred as part of the appeals process including, but not limited to, submission of fraudulent documentation or misleading conduct. In such cases a matter may be reopened.

16.16.8 Report

(1) A Student Misconduct Appeals Committee must prepare a written report containing its factual findings (where applicable), reasons and decision and provide its report to the Director, Governance Support Unit within six weeks from the conclusion of the committee's first meeting or such other time as has been approved in accordance with Rule 16.16.5(6).

(2) The Director, Governance Support Unit will notify the student of the committee's decision and provide the student with a copy of the Student Misconduct Appeals Committee's report.

(3) The Student Misconduct Appeals Committee may request the Director, Governance Support Unit to notify any other person of the decision and reasons in accordance with the Guidelines Relating to Student Misconduct and Appeals (refer Schedule 3).

(4) The Director, Governance Support Unit will provide the Vice-Chancellor for the information of Academic Board and Council with an annual report on all student misconduct and appeal matters.