• Section 1 - Purpose and Context
• Policy application
• Savings Provision
• Section 2 - Definitions
• Section 3 - Policy Statement
• Delegations
• Section 4 -  Procedure
• Triaging Misconduct
• Investigating allegations
• Restriction Orders
• Short Term Restriction Orders
• Longer-Term Restriction Orders
• Findings
• Sanctions
• Suspended sanction
• Suspension
• Expulsion
• Appeals
• Section 5 - Guidelines
• Section 6 -  Terms and Definitions

Section 1 - Purpose and Context

(1) The Student Misconduct Policy explains how Western Sydney University (the University) manages student misconduct and should be read in conjunction with the Student Misconduct Procedure.

(2) The University is committed to fostering a respectful and supportive community and prioritises educative responses over punitive measures when addressing misconduct. In doing so, the University seeks to promote learning, accountability, and behavioural change.  

(3) Misconduct means conduct that undermines the academic environment or the principles of honesty, trust, fairness, respect, and responsibility expected from all members of the University community.  

(4) Where concerns about conduct fall within the scope of the Inappropriate Behaviour Guidelines (IBG), matters will be managed in accordance with those Guidelines at the point of origin. This approach enables proportionate, timely, and educative responses tailored to the nature and context of the behaviour. Where a matter is of such seriousness, complexity, or nature, that it cannot be appropriately addressed under the IBG, it must be managed in accordance with this Policy and the Student Misconduct Procedure.

(5) Aligned with its educative approach, the University responds to minor academic integrity and conduct issues by providing students with up to three educative actions aimed at learning and remediation before any formal misconduct allegation is raised.

Policy application

(6) This policy applies to:

1. Allegations of academic, research, general and sexual misconduct and gender-based violence, as defined in Section 2: Definitions.
2. Student conduct during any activity associated with the University anywhere within or outside Australia, including any off-Campus activity, field work, placements or exchanges or internships with other education providers, institutions or organisations or while using online or social media services monitored or facilitated by the University, or online or social media services that are used by student cohorts.
3. Consistent with the National Higher Education Code to Prevent and Respond to Gender based Violence 2025, the University’s responsibilities extend to gender based violence involving students and staff wherever and whenever it occurs, including outside University activities.
4. All students of the University and to students registered in a University Affiliate Program.

Savings Provision

(7) If, before commencement, or any amendments, of this Policy, a hearing of an allegation or an appeal has already commenced under a process prescribed in an earlier version of the Policy (known as the Student Misconduct Rule (Rule)), or under another rule or policy, but a decision has not yet been made, then that matter shall continue to be dealt with under the Rule, until all processes are completed or exhausted.

(8) Any act, matter or thing that immediately before commencement or amendment of this Policy had effect pursuant to any by-law, rule, policy or other instrument of the University is taken to have effect under this Policy.

(9) This Policy supports the University's compliance with the Higher Education Support Act 2003 (HESA), Education Services for Overseas Students (ESOS) Act 2000 (ESOS), the Higher Education Standards Framework (Threshold Standards) 2021 (HESF), Australian Qualifications Framework (AQF) and the National Higher Education Code to Prevent and Respond to Gender-based Violence 2025.

Section 2 - Definitions

(10) Definitions relevant to this policy include:

1. Academic misconduct refers to conduct that breaches any academic policy of the University or in any way undermines or places at risk the academic integrity of any program, subject, assessment or examination or the University's academic reputation. Academic Integrity refers to the expectation that academics, students, researchers, and all members of the academic community act with honesty, trust, fairness, respect and responsibility.  Breaching academic integrity constitutes academic misconduct (TEQSA, 2022).  
2. Research misconduct refers to conduct that breaches the Responsible Conduct of Research Policy.   Research means the creation of new knowledge and/or the use of existing knowledge in a new and creative way to generate new concepts, methodologies, processes, devices, software, hardware and understandings. This could include synthesis and analysis of previous research to the extent that it leads to new and creative outcomes, and encompasses pure and strategic research, applied research and experimental development (Responsible Conduct of Research Policy; Australian Code for the Responsible Conduct of Research 2018). Allegations of research misconduct are referred to the Dean of Graduate Studies for investigation.  The Dean has the discretion to refer matters to Associate Deans Research for investigation.
3. General misconduct refers to conduct that breaches the accepted standards of behaviour at the University, outlined in the Student Code of Conduct including conduct that:  
   1. places at risk the health, safety or welfare of any person.  
   2. places at risk the business or other operations, systems, or activities of the University.  
   3. disrupts or interferes with another person’s ability to access or enjoy the University's facilities or services. 
   4.  violates University policies, specifically the: Bullying Prevention Policy;  Acceptable Use of Digital Services Policy;  Discrimination, Harassment, Vilification and Victimisation Prevention Policy;  Respect and Inclusion in Learning and Working Policy;  Privacy Policy and/or Privacy Management Plan and the Motting and Hazing Prevention Policy.   
4. Sexual misconduct falls under consideration of general misconduct and refers to behaviour that includes (but is not limited to) sexual assault, sexual harassment, sexual touching or sexual acts, making or distributing sexually explicit photos or videos without consent and conduct involving child abuse material, or unauthorised sharing of explicit images (Sexual Misconduct and Gender Based Violence Prevention and Response Policy).  
5. Gender based violence falls under consideration of general misconduct and refers to any form of physical or nonphysical violence, harassment, abuse or threats, based on gender, that results in, or is likely to result in, harm, coercion, control, fear or deprivation of liberty or autonomy (National Higher Education Code to Prevent and Respond to Gender-based Violence, 2025).  
6. Inappropriate Behaviour is any conduct by a student, staff member or affiliate that is unreasonable, unwelcome, or inconsistent with the standards of behaviour expected within the the University community.  It includes behaviour that undermines a safe, respectful, inclusive, or productive learning and working environment. Such behaviour may occur in teaching, research, administrative, residential, or social settings, including online or digital environments connected to the University. Such behaviour is not considered misconduct and will be managed at the point of origin via the Inappropriate Behaviour Guidelines (IBG). These Guidelines allow students up to three educative actions, before the matter is reported as a misconduct allegation.    

Section 3 - Policy Statement

(11) This Policy upholds the behavioural standards in the Student Code of Conduct, Assessment Policy, Responsible Conduct of Research Policy and Sexual Misconduct and Gender Based Violence Prevention and Response Policy.

(12) The University adopts an educative approach for minor academic integrity and behavioural issues under the Inappropriate Behaviour Guidelines (IBG), addressed at the point of origin, typically the school. The Guidelines allow students up to three opportunities to correct their conduct through educative actions before a misconduct allegation is reported.

(13) The Conduct and Investigations Office (C&IO) will report on misconduct matters regularly to relevant internal stakeholders.  Reporting will include the occurrence, nature and outcome of misconduct matters and allegations, including risk mitigation.

(14) This Policy allows University staff to give reasonable instructions to students to maintain academic integrity, safety, protect property, support University operations, and ensure good order. It also supports compliance with relevant legislation and standards.

(15) The University must handle all personal information involved in misconduct investigations in compliance with the Privacy Act 1988 (Cth), the Australian Privacy Principles (APPs), and the University's Records and Archive Management Policy.

(16)  Misconduct that is unlawful, or gives rise to criminal liability, will be reported to external authorities as required.
 

Delegations

(17) The University assigns responsibility for managing student misconduct through a tiered misconduct delegation framework that empowers designated officers to triage, investigate and decide matters in accordance with their delegations.

(18) Allegations of misconduct are reported through the Complaints and Misconduct Management System (CMMS), which tracks matters and supports the consistent application of the Student Misconduct Policy and Procedure. The Conduct and Investigations Office (C&IO) reviews and triages each reported allegation.  A Case Manager assesses the nature and seriousness of the allegation, and categorises it in line with the University’s definitions, standards, and thresholds.
 

(19) Authority provided to officers under this Policy are as follows:

1. Senior Authorised Officers (SAOs) are to decide whether allegations have veracity and whether an investigation should proceed. SAOs are decision makers for Category One (C1) and Category Two (C2) cases, including any student misconduct appeals. SAOs have the authority to apply any type of sanction, issuing restriction orders and can recommend the revocation of Awards.  The investigation process is managed by the C&IO Case Manager on behalf of the SAO.
2. Authorised Officers (AOs) are to decide whether allegations have veracity and whether an investigation should proceed. AOs are decision makers on Category One (C1) including any student misconduct appeals. AOs have the authority to apply relevant sanctions. The investigation process is managed by the C&IO Case Manager on behalf of the AO.
3. Case Managers triage, case manage, and provide end to end management of misconduct matters through the CMMS.
4. The Vice-Chancellor and President is authorised to appoint and remove officers, define delegations, and approve expulsion sanctions.
5.  The General Counsel and University Secretary oversees the provision of legal advice and compliance through the Office of General Counsel (OGC), reviews and approves  high risk decisions, provides advice on external escalation, and advises on and reviews misconduct policies and procedures.
6. The following roles are delegated as Senior Authorised Officers (SAOs):
   1. Vice-Chancellor
   2. Provost
   3. Deputy Vice-Chancellors
   4. Pro Vice-Chancellors
   5. Chief Financial Officer
   6. Chief Operating Officer
   7. Chief Property and Commercial Officer
   8. Executive Deans
   9. Dean, Graduate Studies and Researcher Development
   10. Associate Dean, Education and Students 
   11. Director, Whitlam Institute
   12. General Counsel and University Secretary
   13. Director, Conduct and Investigations Office
7. The following roles are delegated as Authorised Officers (AOs):
   1. CEO of The College
   2. Deputy CEO of The College
   3. Deans
   4. Director, Learning and Teaching
   5. Associate Dean, Research
   6. Academic Integrity Lead (WSU Online)
   7. Director Sydney City Campus
8.  Complex Case Managers and Case Managers within the Conduct and Investigations Office (C&IO) support authorised officers in managing misconduct matters.
9. Security Officers and Security Management on every campus have the delegation to issue a short-term Restriction Order.

Section 4 -  Procedure

(20) The University manages misconduct in accordance with the Student Misconduct Procedure.  

1. Priority is given to allegations of sexual and gender-based misconduct through a trauma-informed response that protects the immediate safety and wellbeing of the discloser.  Investigations establish relevant facts on the balance of probabilities to support fair, transparent and reasonable decision-making under University policy.  
2. The Student Misconduct Procedure comprises seven stages:
   1. Education and Reporting
   2. Review and Triage
   3. Engagement and Explanation
   4. Investigation
   5. Finding
   6. Appeal
   7. Reflection and Improvement
3. Refer to the Student Misconduct Procedure for a detailed explanation.

Triaging Misconduct

(21) All suspected misconduct is reported through the Complaints and Misconduct Management System (CMMS) managed by the Conduct and Investigations Office (C&IO), which holds responsibility for end-to-end case management of all misconduct matters.

(22) The C&IO reviews and triages each report.  A Case Manager assesses the nature and seriousness of the allegation, and categorises it in line with University’s definitions, standards and thresholds.
Student misconduct is triaged and classified by both type and category: 

1.  Type: academic, research, general, sexual misconduct or gender-based violence.  Research matters will be referred to the Dean of Graduate Studies for investigation and resolution.
2.  Category: 
   1. Category One (C1) Minor Misconduct; or 
   2. Category Two (C2) Serious Misconduct, with contract cheating, sexual offences and gender-based violence automatically categorised as C2.
3.  All allegations of sexual offences and gender-based misconduct must be:
   1.  reported to the Director, Conduct and Investigations Office for allegations involving children or individuals under 18 years.
   2. responded to under Section 4 – How to respond to an incident in the Sexual Misconduct and Gender Based Violence Prevention and Response Policy / Document / Policy DDS.
   3. Sanctioned as follows: First breach: 6-12 months suspension and a repeat breach:  Expulsion from the University.

Investigating allegations

(23) The University manages misconduct investigations through fair, impartial, and evidence based processes that ensures confidentiality, provides students with clear information, reasonable adjustments, a genuine opportunity to respond, and appropriate support services. 

(24) Investigations are student centred and trauma informed, prioritising student wellbeing, safety, dignity, and accountability, while applying proportionate and respectful measures that support learning outcomes, academic integrity, and continuous improvement.

(25) The University treats confidentiality as central to the integrity, safety, and fairness of the student misconduct process, handling information securely and disclosing it only where required for legitimate procedural, legal, or safety purposes. 

(26) The University is committed to supporting students throughout the process by providing timely access to academic, wellbeing, cultural, disability, and advocacy supports, including the option to have a support person present to assist with understanding and managing the process, while maintaining procedural fairness and the integrity of decision making. 

(27) Students will be provided with clear written information about the allegation, the process to be followed, their rights and responsibilities, available support, and potential findings and sanction.  Students have a right to a support person throughout the misconduct process.

(28) Investigations ensure that students are provided with a reasonable opportunity to respond, that decisions are made impartially, and that all parties engage respectfully throughout the process.

Restriction Orders

(29) A Restriction Order is an interim, risk management measure imposed on a student to protect health, safety, welfare of individuals, University operations, and the integrity of misconduct processes. It is a precautionary measure, not a disciplinary outcome.

Short Term Restriction Orders

(30) Short-Term Restriction Orders are imposed to address immediate safety or behaviour concerns, act as a temporary stabilising measure, and restrict access, attendance, or contact as necessary.

(31) Short-Term Restriction Orders are:

(32) Issued by Security Officers and Security Management to manage immediate or urgent risks for up to three days (inclusive of date of issue and expiry).  Take effect from notification, inclusive of date of issue and expire at 11.59pm on the date of expiry).  Must be proportionate, risk-based, and minimise academic disadvantage where practicable. Non-compliance with a Short-Term Restriction Order constitutes C2 misconduct.

Longer-Term Restriction Orders

(33) Longer-Term Restriction Orders are imposed where risks continue beyond the short term, during misconduct investigations, may remain in place while criminal proceedings are finalised, and will continue to restrict rights or privileges as needed.

(34) Longer-Term Restriction Orders are:

1. Issued by an SAO to restrict access, attendance, systems, or contact with individuals.
2. Used to manage ongoing or sustained risks, particularly during serious misconduct investigations for more than 30 days, at the University's discretion.
3. May be reviewed, varied, or lifted at the SAO’s discretion.
4. Take effect from decision, inclusive of date of issue and expiry at the University’s discretion.
5. Must be proportionate, risk-based, and minimise academic disadvantage where practicable.
6. Non-compliance with conditions constitutes C2 misconduct.
7. Any suspensions must be reflected in enrolment systems.

(35) A student accused of serious misconduct such as a sexual or gender-based offence, serious bullying or harassment, or a criminal offence punishable by 12 months or more imprisonment, will be subject to a restriction order for the duration of the proceedings under this Policy unless the student can reasonably satisfy the SAO that:

1. the student is unlikely to pose any risk to people, University assets or systems, the integrity of the investigations or evidence, or the likelihood that the alleged misconduct will continue or be repeated.
2. The risk can be managed without the need for a restriction order, but only on the condition that the student gives a written undertaken, and continues, to comply with any reasonable management strategies specified by the SAO.

Findings

(36) The University will determine the outcome of a misconduct matter by assessing all available evidence against relevant standards to decide whether the allegation is dismissed or substantiated in whole, or in part, and will document the reasons for the decision.

(37) If misconduct is substantiated, the University will apply proportionate sanctions under its policy and, after any appeal period, promptly notify relevant parties of the outcome, reasons and any required actions to finalise the matter.

Sanctions

(38) A sanction is a disciplinary measure imposed by the University when an allegation of misconduct is substantiated.  In determining an appropriate sanction, the University will ensure the outcome is proportionate and consistent with University policy, taking into account the nature, seriousness and frequency of the misconduct, the student’s prior record, any admission or mitigating circumstances, the need to promote accountability, prevent future misconduct and the protection of the University community.  If a sanction results in the cancellation of a student’s enrolment, the student will forfeit any fees associated with the cancellation.

(39) Sanctions may include but not limited to:

1. a reduction of marks, including to zero for an assessment;
2. Fail for an assessment or subject;
3. a “Practicum Fail” for an assessment task, examination or final grade.

(40) Exclusion from all programs of study for a specified period means the student’s current program of enrolment will be terminated immediately and the student will not be permitted to apply for admission for other programs of study during the exclusion period.

(41) A sanction to temporarily exclude a student for a specified period from a subject(s) at the University means the student’s current registration in that subject will be terminated immediately and the student will not be permitted to register for that subject during the exclusion period.

(42) Suspension means a restriction on the student’s access to University enrolment, activities, services and premises for substantiated misconduct.  Suspension remains in effect for the duration determined by the decision maker. The student does not have to apply for readmission following suspension.

Suspended sanction

(43) A suspended sanction is a disciplinary penalty that is decided, but not immediately enforced, provided certain conditions are met. It is commonly used to signal the seriousness of the misconduct, provide an opportunity for behaviour improvement, and avoid immediate harsher consequences, while still maintaining accountability. 

(44) A suspended sanction:

1. Is held in reserve for the suspension period.
2. Does not take effect unless the student breaches specific conditions during that period.
3. Will lapse at the end of the suspension period if the student complies with all expectations.
4. May be activated without a new process if the student reoffends or breaches the suspension conditions.

Suspension

(45) Suspension means a student is suspended for a specific period following a sustained allegation of misconduct. As the result of a suspension the following sanctions will apply.  During the suspension the student:

1. will have their enrolment cancelled immediately and any fees paid for that enrolment period may be forfeited subject to the Student Administration Policy - Student Fees Procedure.
2. cannot study or graduate from their course.
3. is not allowed on campus or to use university facilities (including shuttle buses).
4. cannot get credit for any study they do elsewhere during this time.

(46) A suspension will be recorded on a student’s academic record, and the student does not need to reapply for admission.

Expulsion

(47) Expulsion means permanent removal from the university because of misconduct. If a student is expelled, their enrolment is cancelled immediately, they may lose any fees paid, they are permanently banned from studying at the university, and they are not allowed on campus or to use any university facilities.

Appeals

(48) An appeal provides an independent review of whether the misconduct procedure was applied fairly. Students may lodge an appeal within 20 business days of receiving the outcome, on the sole ground of a breach of procedural fairness. Requests for appeal must be supported by evidence; unsupported claims may be dismissed with no further action taken.

(49) Appeals cannot be made against the finding itself, must be lodged within 20 days of notification of the misconduct outcome.  The determination of an appeal is final and not subject to further appeal or complaint.   

(50) For misconduct findings related to a formal report of Gender based violence, the respondent may appeal a disciplinary decision.

(51) Decision makers for the various types of appeals are outlined in the Student Misconduct Procedure.

Section 5 - Guidelines

(52) Refer to the Student Misconduct Procedure for guidelines for implementation.

Section 6 -  Terms and Definitions

(53) Refer to the Student Misconduct Procedure for terms and definition.