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(1) These Guidelines are the Inappropriate Behaviour Guidelines and are made by the Academic Senate and by the Vice-Chancellor and President under clause 69 of the Western Sydney University Student Misconduct Rule. (2) These Guidelines replace and supersede the Inappropriate Behaviour Guidelines previously in force. (3) These Guidelines establish the framework and procedures for dealing with allegations of academic or general misconduct that can more appropriately be dealt with through educative and/or remedial responses, rather than as misconduct under the Student Misconduct Rule. (4) These Guidelines (and the procedures set out in clause 8 of these Guidelines) apply only in relation to matters referred in accordance with clause 5(6)(b) of the Student Misconduct Rule. (5) Words and expressions in these Guidelines have the same meaning as their definition in the Student Misconduct Rule. (6) The University recognises that some breaches of academic or general conduct, which may otherwise amount to student misconduct dealt with through a formal process under the Student Misconduct Rule, are more appropriately dealt with by giving the student an opportunity to reflect on and learn from their mistakes. (7) The University believes that such an approach often helps to minimise the possibility of future breaches. (8) An Authorised Officer can refer an allegation to an Authorised Nominee to be dealt with under these Guidelines if satisfied that all of the following criteria apply: (9) Following a referral under these Guidelines, and in deciding whether inappropriate academic behaviour warrants an educative or remedial response, rather than being referred back to the Authorised Officer to be dealt with as misconduct, the Authorised Nominee is to take into account: (10) An Authorised Officer can refer an allegation of general misconduct to an Authorised Nominee to be dealt with under these Guidelines if satisfied that all of the following criteria apply: (11) Following a referral under these Guidelines, and in deciding whether inappropriate general (non-academic) behaviour warrants an educative or remedial response, rather than being referred back to the Authorised Officer to be dealt with as misconduct, the Authorised Nominee is to take into account: (12) An Authorised Nominee for the purposes of these Guidelines is: (13) These procedures apply in relation to matters referred in accordance with clause 5(6)(b) of the Student Misconduct Rule. (14) Following referral of an allegation of misconduct and receipt of all available evidence from the Authorised Officer, the Authorised Nominee must (unless this has already occurred as part of any preliminary action taken under clause 5 of the Student Misconduct Rule) arrange an interview with the student by sending the student a written notice that: (15) At any interview with the student: (17) If a student chooses to bring along a support person to an interview, then: (18) If the student agrees to accept any educative or remedial outcomes proposed by the Authorised Nominee, then the Authorised Nominee is to send a written notice to the student that: (19) The Authorised Nominee must: (20) The student must comply with any agreed outcome(s), including any applicable deadlines. Failure to do so without a reasonable excuse will result in one or more of the following, as applicable: (21) The Authorised Nominee is responsible for ensuring that the student complies with any agreed outcomes within any deadline(s) specified. If the student fails to comply, then: (22) Any outcome agreed with the student must be proportionate to the type and circumstances of the inappropriate behaviour, and take into account: (23) Except as specified in clause 10, any outcome under these Guidelines should not have the effect of resulting in an outcome that is greater than a sanction that could be imposed under the Student Misconduct Rule. Conversely, any outcome issued under these Guidelines should not have the effect of placing the student in a more advantageous position than other students who have not engaged in academic misconduct. (24) Any one or more of the following may be used as an outcome in relation to inappropriate academic behaviour, and must have the objective of assisting the student to improve their academic writing, literacy or referencing skills: (25) If a student is permitted to resubmit or to submit an alternative assessment task as part of any outcome under these Guidelines, then the student does not have any right of review or supplementary assessment (as the case may be) under the University's Assessment Policy or under any other University policy relating to academic assessment. (26) Any one or more of the following may be used as an outcome for inappropriate general (non-academic nature) behaviour, and must have the objective of encouraging the student to reflect on and learn from their inappropriate behaviour: (27) A student does not have any avenue of internal review or appeal against an outcome agreed under these Guidelines. (28) These Guidelines are intended to be read in conjunction with all related rules, policies and guidelines of the University including but not limited to the following: (29) If there is any inconsistency between these Guidelines and any rule or policy of the University, including the Student Misconduct Rule, then that rule or policy prevails to the extent of any inconsistency.Student Misconduct Rule - Inappropriate Behaviour Guidelines
1. Preliminary
2. Purpose and Application
3. Definitions
4. General Statement about these Guidelines
5. Threshold requirement for allegations of academic misconduct to be dealt with under these Guidelines
6. Threshold requirement for allegations of general misconduct to be dealt with under these Guidelines
7. Authorised Nominees under these Guidelines
8. Procedures
9. Outcomes generally
10. Outcomes for inappropriate academic behaviour
11. Outcomes for inappropriate general (non-academic) behaviour
12. No right of review
13. Related rules and policies