• Section 1 - Purpose and Context
• Preamble
• Section 2 - Definitions
• Section 3 - Policy Statement
• Part A - Temporary Removal from Activities, Facilities or University
• Part B - Making an Allegation of Non-Academic Student Misconduct
• Part C - UWS Non-Academic Misconduct Investigation Committee
• Part D - Findings of the Non-Academic Misconduct Investigation Committee
• Part E - Vice-Chancellor’s Decision
• Part F - Appeals
• Right of Appeal
• Non-Academic Misconduct Appeals Committee
• Section 4 - Procedures
• Fairness in Procedures Guidelines

Section 1 - Purpose and Context

(1) As part of the overall good management of the University, and in the interests of promoting the welfare and safety of staff and students of the University, the Non-Academic Student Misconduct Policy aims to deal with allegations of student misconduct in a timely and fair manner.

Preamble

(2) This policy applies to all students of the University of Western Sydney. It was approved by the Vice-Chancellor on 17 January, 2002 and took effect from that day. Amendments were approved by the Vice-Chancellor on 8 July 2003 and took effect on that day.

(3) A student is entitled to fairness in the handling of any allegation in accordance with this policy including any appeal. A Fairness in Proceedings Guideline is contained in this policy and those principles should be applied where it is reasonably practicable to do so.

(4) The misconduct investigation and all information and/or documents in relation to it, are private and strictly confidential, details of which must not be disclosed to any persons unnecessarily.

(5) A student may admit to an allegation of non-academic misconduct that has been made at any time in proceedings undertaken in accordance with this policy. On such an admission the relevant proceedings will from that time on, only be concerned with consideration related to the nature of any penalty that may be recommended or imposed.

(6) Note that this policy should be read in conjunction with any separate policies in areas such as the Library or Information Technology where various rules and procedures are stipulated governing access to and use of facilities. Various penalties or restrictions may apply in those policies (e.g. Withdrawal of borrowing or network access privileges) separate from this policy. Matters may be referred to be dealt with under this policy where deemed necessary.

(7) All allegations arising out of incidents occurring in or under the auspices of a residential college should firstly be determined by the Residential Colleges Discipline policy. The General Manager of UWS Conference and Residential Colleges Ltd., may act as a Head of Unit in terms of this policy and may refer allegations of student misconduct for handling under the policy where they are deemed to have a wider implication for the safety and wellbeing of the University community.

(8) The timelines specified in this policy may be varied at the discretion of the Deputy Vice-Chancellor Corporate Services (DVCCS) where there are substantive practical reasons requiring a variation. Where a variation is necessary, sufficient notice will be given to all parties, and timelines may be extended or, in exceptional circumstances and with the accused student’s consent, reduced (for example, where an International student requests expediency if going overseas).

(9) As far as possible, the DVCCS will establish a schedule of fixed hearing dates to facilitate the smooth and efficient implementation of the policy.

(10) The Vice-Chancellor may delegate all or part of his/her role under this policy to another senior officer of the University.

Section 2 - Definitions

(11) For the purpose of this policy:

1. “date of delivery" means:
   1. The date on which a notice is handed to the person who is the subject of the notice, or
   2. The date on which a notice is delivered to the contact address (as held by the Office of the Academic Registrar on the student records) of the person who is the subject of the notice, or
   3. The date of a formal acknowledgement or receipt evidencing delivery or receipt, or
   4. The date that is two days after the date of posting a notice by mail to the contact address of the person (as held by the Office of the Academic Registrar on the student records) who is the subject of the notice, or
   5. The date of transmission by e-mail or facsimile where the student concerned has indicated in writing that they wish to receive material in that form and have specified a transmission address.
2. “ Head of Unit” means any person who holds any of the following positions:
   1. Vice-Chancellor
   2. Deputy Vice-Chancellor or nominee
   3. Campus Provost
   4. DVCCS
   5. Pro Vice-Chancellor
   6. College Dean or nominee
   7. Head of School or nominee
   8. Director or nominee
   9. Security Manager
   10. President of a student association
   11. General Manager, UWS Conference and Residential Colleges Ltd., in accordance with clause 7.
   12. Any other position designated by the Vice-Chancellor as a Head of Unit for the purposes of this policy.
3. “ mail” means either registered or express post mail or facsimile or e-mail where the student concerned has indicated in writing that they wish to receive material in that form and have specified a transmission address.
4. “ working day" means any day that is not a Saturday or a Sunday or a public holiday.
5. “ Non-academic misconduct” includes, but is not limited to, conduct where a student:
   1. Contravenes any provision of the UWS Act, By-laws, Rules or Policies;
   2. Behaves in a manner that prejudices the good name or academic standing of the University;
   3. Damages or destroys University property (including library books, computing hardware or software, or the deliberate release of computer viruses);
   4. Misuses University facilities, systems and equipment, to engage in illegal activity or activity prohibited by the University’s rules and policies (for example, computer hacking, infringing copyright);
   5. Steals or misappropriates University property or equipment;
   6. Harasses, vilifies, abuses, threatens, assaults or endangers staff, students or other members of the University’s community or otherwise obstructs staff or students or other members from undertaking their activities at the University;
   7. Fails to follow reasonable directions of an employee of the University;
   8. Alters or falsifies any document or record of the University (e.g. such as student concession cards);
   9. Alters or falsifies any documentation that the University requires of the student (e.g. medical certificate or other supporting documentation);
   10. Divulges confidential information relating to any University matter, staff member or student (e.g. employment records, in-camera committee discussions) in circumstances where there is no reasonable or lawful excuse for doing so;
   11. Behaves inappropriately in an activity (e.g. class, meeting), facility in or under the control or supervision of the University or a recognised University student association; or
   12. Refuses or is unable to identify him/herself when asked to do so by an officer of the University (e.g. security officer, examination invigilator).
   13. Knowingly provides false or misleading information to staff of the University.

Section 3 - Policy Statement

Part A - Temporary Removal from Activities, Facilities or University

(12) The provisions in this section relating to the temporary removal of a student from activities and facilities, or from the University itself, are to be applied primarily to circumstances of urgency where the student’s behaviour impedes the normal functioning of the activity or facility or where the student’s actions, statements or demeanour are perceived as a threat to the safety of people or property.

(13) A member of staff of the University or of a University-recognised student association, having responsibility for the management of an activity or facility or precincts of the University or of a student association, may temporarily remove any student from that activity or facility when they have reason to believe that there is evidence that the student may be guilty of non-academic misconduct, in or in relation to the activity or facility, and that the alleged misconduct is in their opinion, of a serious nature sufficient to warrant temporary removal.

(14) Any person, other than a Head of Unit who temporarily removes a student under this section must within two working days report the temporary removal to the Head of Unit of the activity or facility in which the non-academic misconduct is alleged to have occurred. Where it is not immediately apparent as to which facility is the relevant facility the report should be made to the Campus provost who shall assume the role of Head of Unit for the purposes of this policy.

(15) In the case of an incident that in the view of the Head of Unit is of a relatively minor nature that has been effectively dealt with by virtue of the temporary removal, then the Head of Unit may decide to take no further action. In all other cases the incident must be dealt with as an allegation of non-academic misconduct in accordance with clause 17 of this policy, and in this case the Head of Unit may, if considered necessary, impose a further period of temporary removal of up to five working days.

(16) Specific examples of where temporary removal may occur include:

1. A member of staff who is conducting an activity (e.g. tutorial, lecture, field trip) may exclude any student from the activity or its vicinity where they have reason to believe that there is evidence that the student is guilty of non-academic misconduct, in or in relation to the activity that is in their opinion of a serious nature sufficient to warrant temporary removal. Such a temporary removal lasts until the end of the particular activity.
2. The University Librarian, or any member of the library staff authorised by the University Librarian, may temporarily remove any student from the Library facilities or precincts where they have reason to believe that there is evidence that the student is guilty of non-academic misconduct, in or in relation to the Library that is in their opinion of a serious nature sufficient to warrant temporary removal. Such temporary removal may last up to 48 hours.
3. The Director of Information Technology Services, or any member of the information technology services staff authorised by the Director, may temporarily remove any student from the Information Technology facilities or precincts where they have reason to believe that there is evidence that the student is guilty of non-academic misconduct, in or in relation to the facility, that is in their opinion of a serious nature sufficient to warrant temporary removal. Such a temporary removal may last up to 48 hours.
4. The Security Manager, or any member of the security staff authorised by the General Manager, may temporarily remove any student from the general precincts of the University, including the open public spaces, grounds and car parks, where they have reason to believe that there is evidence that the student is guilty of non-academic misconduct, in or in relation to the precincts that is in their opinion of a serious nature sufficient to warrant temporary removal. Such a temporary removal may last up to 48 hours.
5. A Campus Provost, a Deputy Vice-Chancellor, or the Vice-Chancellor may temporarily remove any student from the general precincts, activities and facilities of a Campus or the University in general where they have reason to believe that there is evidence that the student is guilty of non-academic misconduct, in or in relation to the Campus that is in their opinion of a serious nature sufficient to warrant temporary removal. Such a temporary removal may last up to 48 hours.
6. The Academic Registrar, an Assistant Academic Registrar or the Manager Assessment and Graduation may temporarily remove any student from attendance at an examination where they have reason to believe that there is evidence that the student is guilty of non-academic misconduct, in or in relation to the particular examination, that is in their opinion of a serious nature sufficient to warrant temporary removal. Such a temporary removal lasts until the end of the particular examination.

Part B - Making an Allegation of Non-Academic Student Misconduct

(17) An allegation of non-academic misconduct may be brought against any student of the University. An allegation must be submitted in the first instance to a Head Unit and in writing, and should contain full details of the allegations including the actions taken at the time of the alleged incident or incidents. The Head of Unit is responsible for assessing the allegation and forwarding it to the Vice Chancellor.

(18) In assessing the allegation, the role of the Head of Unit is to:

1. Ensure that the allegation is clearly stated and that any documentation is relevant and available;
2. Advise parties involved in making the allegation that statements and other material will be made available to the Committee, the accused students and the complainant;
3. Advise the parties of any arrangements that need or are desirable to be put in place pending the formal consideration and processing of the allegation;
4. Make a recommendation to the Vice-Chancellor with respect to any interim restrictions that might be imposed under clause 21 if considered necessary;
5. Consider whether the matter should initially proceed in accordance with the University’s grievance procedures in cases involving discrimination, harassment, bullying and the like. Consultation with the Social Justice Unit may be appropriate in such circumstances;
6. Consider whether OH&S should be advised where a matter may affect the health and/or safety of members of the University community;
7. Consider whether the matter is of a relatively minor nature that could be dealt with by way of conciliation, consultation, warning or apology and where the parties are amenable to this approach.

(19) The Vice-Chancellor on receiving such an allegation must within five working days of its receipt, decide whether to:

1. Forward the matter to the Non-Academic Misconduct Investigation Committee; or
2. Dismiss the matter if the Vice-Chancellor is of the view that the complaint is unfounded or does not constitute non-academic misconduct; or
3. Determine that the matter requires further investigation or other action (such as referral to the University grievance procedure). A matter requiring further investigation must be either dismissed or forwarded to the Non-Academic Misconduct Committee within 20 working days of its receipt by the Vice-Chancellor.

(20) The DVCCS will notify the student of the Vice-Chancellor’s decision under clause 19 within five working days of the decision being made and in accordance with clause (22) if the matter is deemed to be referrable to the Non-Academic Misconduct Investigation Committee.

(21) If the Vice-Chancellor is of the view that the circumstances of the allegations are of such seriousness that some immediate action is warranted, the Vice-Chancellor may temporarily remove the student from the University precincts or restrict the student from attendance or use of particular activities, facilities or services at the University. In such cases, the Vice-Chancellor will refer the matter to the Non-Academic Misconduct Investigation Committee. The DVCCS will, within five working days, notify the student by mail of the action taken by the Vice-Chancellor. Such a suspension, or restriction may be limited in time but otherwise shall remain in force until the completion of the disciplinary proceedings including any appeal period unless revoked by the Vice-Chancellor at an earlier time.

(22) The initial notification to a student concerning the allegation must:

1. Provide the student with the precise terms of the allegation;
2. Provide the student with a copy of this policy and any guidelines;
3. Provide advice to the student on options available within the University for independent advisory services, including relevant contact details;
4. Provide the student with advice of any action taken, or statutory obligation on the University, to report the matter to an external agency;
5. Advise the student of the option to admit the allegation and have the matter dealt with summarily in which case there is no right of appeal;
6. Ask the student whether he or she wishes to admit the allegation and if so to make a submission with regard to any penalty that might be imposed or any mitigating circumstances that the student feels should be taken into account.

(23) Such a notice is to be sent to the student by mail and the student is to be provided with no less than seven working days from the date of delivery to respond.

(24) In the circumstances where the student admits the allegation as made within the time allowed under clause 23, the Vice-Chancellor must decide within five working days to:

1. Impose a penalty in accordance with the list in clause 46; or
2. Proceed with the matter to the Non-Academic Misconduct Investigation Committee but only for consideration and recommendation as to the penalty that might be imposed.

(25) The DVCCS will notify the student by mail of the action taken under clause 24 within five working days of the decision being made.

(26) The Vice-Chancellor’s referral to the Non-Academic Misconduct Investigation Committee shall set out the full details of the allegation and include the relevant documentation.

Part C - UWS Non-Academic Misconduct Investigation Committee

(27) The Non-Academic Misconduct Investigation Committee will normally consist of:

1. A Chairperson nominated by the Vice-Chancellor;
2. A senior member of the University staff who has been nominated by the Vice-Chancellor; and
3. A student selected by the DVCCS from a pool of up to eight student nominated by the SAUWS Board and endorsed by the Dean of Students.

(28) In endorsing the pool the Dean of Students will have regard, as far as possible, to a broad cross-section of UWS students.

(29) In certain cases the Committee may co-opt one or two additional members to the Committee where it believes that it is warranted or necessary in the interests of ensuring fairness and thoroughness of the proceedings.

(30) All members of the Investigation Committee must be present at all Committee meetings and a representative of the Social Justice Unit may attend meetings of the Investigation Committee in order to observe and advise all parties with respect to social justice issues. The DVCCS will arrange to provide administrative support to the Investigation Committee.

(31) A hearing of the UWS Non-Academic Misconduct Investigation Committee, must, unless varied in accordance with clause 8 of this policy, be held no later than 30 working days from the date of delivery on which the student was notified of the allegation.

(32) The DVCCS is responsible for notifying the student of the hearing date, time and place, and must provide the student with no less than seven working days notice in which to take advice and to prepare for the hearing as provided for under clause 23. That notification must include copies of all available documentation to be provided to the Investigation Committee.

(33) A student who intends to attend the hearing must, within five working days from the date of delivery of the notification confirm their attendance with the DVCCS either in writing (including e-mail) or by telephone. A student may call witnesses and must advise the DVCCS of their intention to call witnesses prior to the hearing and must demonstrate their relevance to the hearing. A student who does not wish to attend the hearing will have the allegation heard in his or her absence. Whether attending or not, the accused student may provide a written submission that must be considered at the hearing.

(34) The role of the Non-Academic Misconduct Investigation Committee is to investigate the allegation through written and/or oral evidence from any complainants, the accused student, and relevant witnesses to determine whether the allegation is justified on the basis of the evidence. The Investigation Committee is to report to the Vice-Chancellor on the facts relating to the alleged misconduct, whether any mitigating circumstances are evident, and to recommend on any penalty that might be imposed.

(35) Evidence placed before the Committee should be directly related to the events detailed in the allegation. The Chair has the discretion to make a determination of the relevance of any evidence placed before the Committee. If the documentation is provided after the notification under clause 32 or is tabled at the hearing, the Chair will ensure that the student has adequate opportunity to consider the contents.

(36) The DVCCS or nominee will be responsible for the collation of the evidence on which the allegation is based and consulting with the parties on the witnesses to be called for the Non-Academic Misconduct Investigation Committee. The Committee may seek additional evidence from the DVCCS or nominee or the student.

(37) Witnesses may be called and there must be the opportunity for all parties to know what has been said against them and to ask questions. However, any questioning of witnesses will be undertaken by the Investigation Committee through the Chair. In circumstances where there may be the potential for harassment or intimidation of persons at the hearing, the Committee may vary the process of interview and questioning to avoid this but in a manner consistent with procedural fairness.

(38) A student at a hearing may be assisted by a fellow enrolled student, a member of staff, a friend or family member, or an employee of a student association of UWS but not a person who is a currently practising solicitor or barrister. The person assisting the student may provide the student with advice, but may not normally act as an advocate or directly address the Investigation Committee, unless the Chair, has given permission having regard to the particular circumstances.

(39) At the hearing, the Chair of the Non-Academic Misconduct Investigation Committee will:

1. Ask the DVCCS (or nominee) to present the details of the allegation to the hearing.
2. Ask the student if they wish to admit the allegation.
3. Invite the student to respond to the allegation.
4. Invite parties present to recount relevant facts and information.
5. Allow the accused student to make a final statement prior to concluding the hearing.

(40) While hearings will be held in camera, persons who supply information to the Investigation Committee must understand that the parties involved in the hearing will see information and be aware of its source. In some cases, the identity of the person providing the information may need to remain confidential or the proceedings be conducted in private. It is the Chair’s responsibility to determine this matter. Parties must also be aware that the investigation hearing and associated processes under this policy are not protected from formal external legal proceedings and material can be subpoenaed. The hearing, evidence, associated proceedings are considered confidential and any breaches may result in disciplinary action.

(41) The fact that external legal proceedings have been initiated with respect to action that is the subject of an allegation under this policy is not of itself grounds for suspending or cancelling proceedings under this policy.

(42) Where a student provides the Non-Academic Misconduct Investigation Committee with information of a highly sensitive or personal nature about themselves, the student may submit those details in a sealed envelope clearly marked “confidential”. Such material will be treated with the utmost confidentiality and will only be seen by the Chair of the Non-Academic Misconduct Investigation Committee who will decide how the material should be considered.

(43) Where the Chair of the Investigation Committee decides that the material should be considered by all of the Investigation Committee members, the student will be advised accordingly. The student will be given the opportunity to withdraw the material.

(44) Where the Chair of the Investigation Committee decides that the material is of such a highly sensitive or personal nature that it should not be considered by the Investigation Committee, he/she will make a recommendation as to an appropriate course of action to the Investigation Committee for its consideration.

Part D - Findings of the Non-Academic Misconduct Investigation Committee

(45) The Investigation Committee will consider all of the evidence and information relevant to the allegation and make a determination. The Investigation Committee must prepare a written report of its findings and recommendations.

(46) The Investigation Committee may in accordance with its findings recommend to the Vice-Chancellor any one or more of the following actions:

1. That the allegation be dismissed.
2. That no further action be taken against the student.
3. That a warning be given.
4. That a reprimand be given.
5. That the student be denied access to certain or all University activities, facilities or services for a specified period of time or that access be only in accordance with particular conditions.
6. That the student provide full restoration of the cost of any damage done to University property.
7. That a fine, not exceeding $1,000 be imposed.
8. That a community service order be undertaken by the student that will be of benefit to the University.
9. That the student be required to apologise formally to any aggrieved party where appropriate.
10. That the student undertake some form of remediation, such as counselling.
11. That the student be suspended for a period no greater than 12 months.
12. That the student be excluded from the University for a period no greater than 24 months.
13. That the student be permanently excluded from the University.
14. That such other penalty as the Committee considers appropriate be imposed.

(47) In making its recommendation, the Non-Academic Misconduct Investigation Committee must consider whether there are any mitigating circumstances and may take into account the fact that the student has admitted the allegation. With respect to recommendation about penalty, the Investigation Committee may take account of the student’s previous record of misconduct, which will be provided by the DVCCS to the Chair when the penalty is being considered.

(48) The Committee may also recommend on the timing of the imposition of any penalty or that the imposition of any penalty be suspended under specified conditions that the Committee may deem appropriate having regard to the particular circumstances of the student.

(49) In making any recommendations, the Non- Academic Misconduct Investigation Committee may, but is not required to, have regard to previous student disciplinary cases of a similar nature. In such instances, the written report of the Non-Academic Misconduct Investigation Committee must include details of any such consideration.

(50) The Investigation Committee will provide its report to the DVCCS who will provide a copy to the student who is subject of the allegations by mail within five working days of the hearing.

(51) The accused student may within five working days of the date of delivery of the report make recommendations or comments in writing to the Vice-Chancellor about the findings and any penalty that may be recommended by the Investigation Committee.

Part E - Vice-Chancellor’s Decision

(52) The Vice-Chancellor must consider the report of the Investigation Committee and any written representations from the student who is subject of the allegations and make a determination within seven working days from the date the student is required to respond under clause 51. The Vice-Chancellor’s determination must be in accordance with the actions outlined under clause 46 but may be at variance from the recommendations of the Non-Academic Misconduct Investigation Committee.

(53) Advice of the Vice-Chancellor’s final determination must be forwarded by the DVCCS by mail to the student who is subject to the allegation, along with details of any penalty to be imposed and advising the student of the right to lodge an appeal to the Appeals Committee within ten working days from the date of delivery of notification of the outcome. The DVCCS will also notify the Academic Registrar of the formal outcome of the proceedings after the appeal period has expired and where no appeal has been lodged.

(54) If the penalty imposed (after any appeal time limit or hearing) is permanent exclusion from the University, the Vice-Chancellor must report that matter to the next practicable meeting of the Board of Trustees.

(55) After the Vice-Chancellor has determined the matter, the party who had made the original allegation and any other relevant parties will be notified by the DVCCS of any aspects of the decision which are relevant to their interests only.

Part F - Appeals

Right of Appeal

(56) A student who is the subject of the allegations may appeal against the determination made by the Vice-Chancellor under clause 52 of the Non-Academic Misconduct policy under either or both of the following grounds:

1. That there is evidence that there has been a breach of procedural fairness; and/or
2. That there is substantial new evidence now available relating to the original act of misconduct that was not available to the Investigation Committee.

(57) An appeal must be lodged in writing with the DVCCS within ten working days from the date of delivery of the official notification of the decision. The appeal must clearly state the grounds of the appeal as provided for under clause 56. Appeals lodged outside the timeframe will not be considered.

(58) If the DVCCS determines that an appeal lodged by a student is not based on the grounds of appeal as provided under clause 56 then he or she must notify the student in writing. In making this determination, the DVCCS must consult with the Chair of the Appeals Committee. Otherwise, the DVCCS shall within 20 working days of receipt of the appeal, convene a hearing of the Non-Academic Misconduct Investigation Committee.

Non-Academic Misconduct Appeals Committee

(59) The Non-Academic Misconduct Appeals Committee shall comprise:

1. An external member of the Board of Trustees appointed by the Board.
2. A student member of the Board, or if not available another student of the University appointed by the Board.
3. One other member appointed by the Board.

(60) The Board is to appoint one of its members of the Appeals Committee as Chair. In the event that the Board has not determined the members of the Committee and is not scheduled to meet prior to the appeal hearing date, the Chancellor may exercise the authority of the Board to appoint members of the Appeals Committee.

(61) All members of the Appeals Committee must be present at all meetings and a representative of the Social Justice Unit may attend meetings of the Appeals Committee in an observation capacity. The DVCCS will provide administrative support to the Appeals Committee.

(62) No person who was a member of the Investigation Committee may be a member of the Appeals Committee.

(63) The DVCCS shall, no later than seven working days prior to the date of a hearing forward a copy of the appeal papers to the members of the Non-Academic Misconduct Appeals Committee and to the student. Notice to the student will be by certified mail and include the details of the time, date and place of the appeal hearing and the relevant documentation.

(64) At the hearing, the Chair of the Appeals Committee will give an overview of the grounds for the appeal and present the written report of the Investigation Committee and the Vice-Chancellor’s determination. The student will be invited to present a case in person and/or in writing. The Chair of the Investigation Committee will attend the appeal hearing to answer any questions from the Appeals Committee.

(65) The student at the hearing may be assisted by a fellow enrolled student, a member of staff, a friend or family member, or an employee of a student association of UWS but not a person who is a currently practising solicitor or barrister. The person assisting the student may provide the student with advice, but may not normally act as an advocate or directly address the Appeals Committee unless the Chair of Appeals Committee has given permission having regard to the particular circumstances.

(66) While hearings will be held in camera, persons who supply information to the Appeals Committee must understand that the parties involved in the hearing will see information and be aware of its source. In some cases, the identity of the person providing the information may need to remain confidential or the proceedings be conducted in private. It is the Chair’s responsibility to determine this matter. Parties must also be aware that the investigation hearing and associated processes under this policy are not protected from formal external legal proceedings and material can be subpoenaed.

(67) Where a student provides the Non-Academic Misconduct Appeals Committee with information of a highly sensitive or personal nature about themselves, the student may submit those details in a sealed envelope clearly marked ‘confidential’. Such material will be treated with the utmost confidentiality and will only be seen by the Chair of the Non-Academic Misconduct Appeals Committee who will decide how the material should be considered.

(68) Where the Chair of the Appeals Committee decides that the material should be considered by all of the Appeals Committee members, the student will be advised accordingly. The student will be given the opportunity to withdraw the material.

(69) Where the Chair of the Appeals Committee decides that the material is of such a highly sensitive or personal nature that it should not be considered by the Appeals Committee, he/she will make a recommendation as to an appropriate course of action to the Appeals Committee for its consideration.

(70) The Non-Academic Misconduct Appeals Committee may, on hearing the appeal by the student:

1. Refer the matter back to the Investigation Committee for further inquiry and recommendation.
2. Uphold the appeal on either or both of the grounds specified under clause 59.
3. Dismiss the appeal.
4. Vary, confirm, or abolish a penalty that has been imposed.

(71) The Chair of the Appeals Committee will advise the DVCCS of the decision and the DVCCS shall, within five working days, advise the student of the Committee’s decision. The DVCCS will also advise the Academic Registrar of the outcome of the matter to enable administrative actions to be undertaken, where required.

(72) The determination by the Appeals Committee is final.

(73) Where the determination is that a student be permanently excluded, the decision will be reported to the Board of Trustees.

Section 4 - Procedures

Fairness in Procedures Guidelines

(74) Students are encouraged to act with respect and consideration for others, and for the University community’s activities, property and facilities.

(75) When students allegedly behave in a manner regarded as being seriously contrary to the principles and ethos of the University, the matter will be dealt with as either Academic Misconduct or Non-Academic Misconduct.

(76) The University is committed to ensuring that all procedures and policies are implemented according to the principles of procedural fairness. Training in these principles, and in appropriate investigation techniques, will be provided to staff who sit on Investigation Committees and Appeals Committees. In particular, the University is committed to ensuring that:

1. Sufficient notice will be given to all parties and adequate time allowed for the consideration and preparation of cases;
2. Any notification to a student about misconduct proceedings will be sent to the student’s residential address as contained in the student records or delivered personally to the student by a staff member of the University;
3. A student accused of misconduct will be advised in writing of the allegation against them;
4. The advice of the allegation will specify the detail and behaviour that is the subject of the complaint;
5. The student will be given advice on procedures that will be followed, including membership of the hearing body, the availability of advice and support services, and the penalties that may apply;
6. The complainant and the student will have the opportunity to put their cases to the body that is hearing the matter, and subject to legitimate considerations about confidentiality, have equal access to information pertaining to the matter;
7. All relevant submissions and evidence will be considered by the hearing body (this can include witness statements and documents relevant to the complaint);
8. A student will be able to present their case verbally, or in writing, or both;
9. There should be the opportunity for a student to correct information, ask questions generally and about evidence presented, explain mitigating circumstances, or make a submission as to penalty;
10. Committees will not be bound by any rules of evidence and no cross-examination of witnesses will be allowed. Questions related to evidence will be directed to the Chair of the Committee hearing the matter.
11. Any matter not relevant to a particular complaint will not be taken into account when hearing the matter;
12. Proceedings will be conducted in a manner that upholds the need for confidentiality and privacy for parties concerned;
13. Students understand that while the University will conduct the proceedings in a confidential manner, the University may be compelled by law to provide information or documents in accordance with external legal processes;
14. A student’s prior record of misconduct may only be considered in the context of the penalty to be imposed; and
15. Any person who has had any prior involvement with a matter under consideration, including advising a student, will not be in a decision-making role on the same matter or any related matter.