(1) Schedule 1 (2) Authorised Officers and Student Misconduct Committee who may hear and decide misconduct or appeals (3) Schedule 2 (4) Authorised Officers who may make Temporary Restriction OrdersStudent Misconduct Rule
Part 1 - Preliminary
1 Name of rule
2 Commencement
3 Purpose and application
4 Effect
Part 2 - Dictionary and Delegations of Authority
5 Definitions
Word or expression
Definition
academic misconduct
Conduct by a student that in any way undermines or otherwise puts at risk the academic integrity of any course, unit of study or assessment (including examinations) or the University's academic reputation
Appeals Committee
A Committee convened under Part 7 - Committee Constitution and Procedures to decide appeals under Part 5 - Appeals
Authorised Officer
A person (other than a Committee) with authority under this Rule: (a) hear and decide an allegation of misconduct; (b) impose a Sanction; (c) make a Temporary Restriction Order; or (d) impose a Suspension Order
campus
A place designated as a campus of the University or The College, including any buildings facilities or services available on that campus
Category 1 Sanction
A Sanction specified in clause 28
Category 2 Sanction
A Sanction specified in clause 29
Category 3 Sanction
A Sanction specified in clause 30
Chair
A person appointed to chair a Committee
Committee
A Student Misconduct Committee or an Appeals Committee
course
A program of study (whether by course work or research, or a combination of both) leading to the award of a degree, diploma or other award or qualification conferred by the University or The College
Dean
The dean of a school of the University, the Dean, Graduate Studies or The College Dean
decision
-makerThe responsible Authorised Officer or Committee that makes a decision under this Rule
exclude or exclusion
Termination of enrolment or prohibition from enrolling in a unit or a course for a defined period of time or permanently
expel or expulsion
Permanent banishment from the University or The College
general misconduct
Conduct by a student that is contrary to accepted standards of behaviour at the University including conduct that: (a) places at risk the health, safety or welfare of any person; (b) places at risk the business or other operations, systems or activities of the University; (c) disrupts or interferes with another person's ability to access or enjoy the University's facilities or services
Guidelines
Guidelines issued under clause 9
misconduct
Academic misconduct, research misconduct or general misconduct
research misconduct
Conduct by a student in connection with research that seriously deviates from accepted standards for the proposal, conduct or reporting of research, including any breach of any University or other applicable law, regulation or code relating to research, such as the Australian Code for the Responsible Conduct of Research
respondent student
A student against whom an allegation of misconduct is made
Sanction
A Category 1 Sanction or Category 2 Sanction
student
A person who, at the time of the alleged misconduct, is: (a) admitted to a course or unit of study of the University or The College, whether or not enrolled (including where the student has completed that course or unit of study, but has yet to graduate); (b) otherwise studying or undertaking a student-related activity at the University or The College, including as part of any exchange or other arrangement with another university or education provider; but does not include a person: (c) who is an employee of the University or of The College; and (d) the misconduct alleged is required to be dealt with under the terms of that person's employment with (as the case may be) the University or The College
Student Misconduct Committee
A Committee convened under Part 7 - Committee Constitution and Procedures to hear and decide allegations of misconduct under Part 4 - Misconduct Procedures
Student Misconduct Panel
A panel established under Guidelines from which academic and professional staff members or students can be selected to serve on a Student Misconduct Committee or an Appeals Committee
Suspension Order
An order made under Part 9 - Suspension Orders
Temporary Restriction Order
An order made under Part 8 - Summary Temporary Restriction Orders
teaching session
A period of time during which a unit of study is taught and assessed
The College
The controlled entity of the University known as Western Sydney University Enterprises Pty Ltd ACN 003 474 468 trading as Western Sydney University The College CRICOS Code 02851G
unit of study
A component of a course, including any field work or placement with an external person or body
University
Western Sydney University as established by the Western Sydney University Act 1997 (NSW)
6 Interpretation
7 References to University and The College
8 Powers and delegations
9 Guidelines
Part 3 - Reports and Preliminary Action
10 Reporting misconduct
11 Preliminary action
12 Notice to student
Part 4 - Misconduct Procedures
13 Who hears and decides misconduct or appeals
14 Fresh allegations
15 Where respondent student admits misconduct
16 Notice of hearing
17 Requirements at hearing
18 Questioning witnesses
19 Failure of student to attend hearing or respond to notice
20 Decision and report
Part 5 - Appeals
21 Grounds of appeal
22 Lodging an appeal
23 Appeals procedures
24 Appeal decision
25 Notification of outcome of appeal
26 No further appeal available
Part 6 - Sanctions for Misconduct
27 Categories
28 Category 1 Sanctions
29 Category 2 Sanctions
30 Category 3 Sanctions
31 Category 2 Sanctions for admitted misconduct
32 Restrictions or conditions following temporary exclusion or removal
33 Suspended Sanctions
34 Effective date
35 Matters to be taken into account
Part 7 - Committee Constitution and Procedures
36 Convening and constitution
37 External members
38 Quorum
39 Disqualification and casual vacancies
40 Chair
Part 8 - Temporary Restriction Orders
41 Who may impose
42 Purpose
43 Procedure
44 Notification
45 Compliance
46 No appeal
Part 9 - Suspension Orders
47 Who may impose
48 Purpose
49 Nature and scope
50 Procedure
51 Notification
52 Variation, lifting and expiry
53 Compliance
54 No appeal
Part 10 - Miscellaneous
55 Procedural powers
56 Student and staff cooperation
57 Hearings to be conducted in private
58 Support persons
59 Allowance for academic disadvantage
60 Fairness and conflicts of interest
61 Other action
62 University may designate person to present evidence for University
63 Status of prescribed deadlines
64 Meaning of no further internal review or appeal
65 Administrative errors or omissions
66 Recording and implementing decisions
67 Concurrent legal proceedings or police investigation
68 Savings provisions
Attachments
SCHEDULE 1
Authorised Officers and Committees and levels of responsibility
Authorised Officer or Committee
Responsibility
Chief Student Experience Officer
Hear and decide general misconduct attracting a Category 1 Sanction that occurs in a central examination, or involves the submission of inaccurate, incomplete or misleading documents
Appeals Committee
Hear and decide all appeals lodged under Part 5 - Appeals
Dean or Deputy Dean of a School or The College
Hear and decide: (a) academic misconduct attracting a Category 1 Sanction (b) general misconduct attracting a Category 1 Sanction by a student enrolled in that School or The College occurring within the School or The College premises
Deputy Vice-Chancellor and Vice-President, Academic
(a) Hear and decide academic misconduct attracting a Category 1 Sanction. (b) Impose a Category 2 Sanction where respondent student admits academic, research or general misconduct before notice of hearing issued.
Deputy Vice-Chancellor and Vice-President, Research, Engagement, Development and International
(a) Hear and decide research misconduct attracting a Category 1 Sanction (b) Impose a Category 2 Sanction where respondent student admits academic, research or general misconduct before notice of hearing issued.
Pro Vice-Chancellor, Research and Innovation or Dean, Graduate Studies
Hear and decide research misconduct attracting a Category 1 Sanction.
Chief Student Experience Officer
Hear and decide general misconduct attracting a Category 1 Sanction.
Provost
Hear and decide general misconduct attracting Category 1 Sanction occurring within campus (including student residences) for which Provost has responsibility.
Student Misconduct Committee
Hear and decide academic, research or general misconduct attracting a Category 2 Sanction unless misconduct is admitted before notice of hearing issued
Vice-President
Impose a Category 2 Sanction where respondent student admits general misconduct before notice of hearing issued
Vice-President, People and Advancement
Hear and decide general misconduct attracting a Category 1 Sanction
The College Registrar
General misconduct by a College Student in a central examination or involving submission of inaccurate, incomplete or misleading documents, except that referable to a Student Misconduct Committee
Vice-Chancellor and President
Impose a Category 2 Sanction where respondent student admits academic, research or general misconduct before notice of hearing issued
SCHEDULE 2
Authorised Officers who may impose Temporary Restriction Orders
Authorised Officer
Designated restricted areas or activities
Person to whom restriction must be notified within 24 hours (clause 44(1)b.)
Any officer within Campus Safety and Security
Any University or The College building, lands, facilities or services
Vice-President, People and Advancement or Chief Student Experience Officer and Dean
Provost
Any University building, lands, facilities or services on a campus for which that Provost has responsibility
Vice-President, People and Advancement or Chief Student Experience Officer and Dean
Any member of academic staff of the University or The College
(a) Any lecture theatre, laboratory or other teaching or research setting or facilities (b) Any area (including offices and common areas) within a School or The College building (c) Any area (on or off a campus) where the respondent student undertakes any field work, placement or other activity related to his or her course
Dean and Chief Student Experience Officer
Any person supervising or monitoring an examination (including casual invigilators)
Any area where or in immediate vicinity of where an examination is being conducted
Chief Student Experience Officer or The College Registrar.
Any member of University or The College library staff
Any University or The College library areas, facilities, resources or other privileges
University Librarian or The College Librarian
Any person (including any third party) responsible for the management of Western Sydney University Village
Any University student residence land, building, facilities or privilege
Vice-President, People and Advancement or Chief Student Experience Officer
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The Board of Trustees of Western Sydney University makes the following rule under section 41 of the Western Sydney University Act 1997 and clause 44(1) of the Western Sydney University By-law 2017.
(1) This is the Western Sydney University (Student Misconduct Rule) 2015.
(1) This Rule commences on 1 January 2016.
(1) This Rule applies to all students of the University and of The College.
(2) This Rule makes it an offence for any student to engage in any one or more of the following types of misconduct:
including misconduct that occurs:
(1) This Rule supersedes and revokes any previous rules, policies or procedures of the University or of The College relating to student misconduct.
(2) Nothing in this Rule has the effect of invalidating any past act validly performed under any previous rule, policy or procedure of the University or The College relating to student misconduct.
(1) In this Rule the following words have these meanings, unless the context otherwise requires.
(1) In this Rule, unless the context requires otherwise:
(1) Any references in this Rule to the University shall, as appropriate, be read as references to The College where in relation to misconduct or an appeal involving a College student.
(1) The Authorised Officers or Committees listed in Schedules 1 and 2 have power to deal with the matters indicated in the tables opposite their description.
(2) An Authorised Officer or a Committee:
(3) An Authorised Officer may designate another person in writing to fulfil a delegated function as that Authorised Officer's nominee if the Authorised Officer:
(4) Any delegation of authority given under this Rule applies to the occupant of the position to whom it is made, including any person acting in that position.
(5) The Vice-Chancellor and President may designate another person in writing to perform another Authorised Officer's function under this Rule in circumstances where:
(1) The University may make guidelines not inconsistent with this Rule about any of following matters:
(2) Guidelines may be made by:
(1) Any person who reasonably suspects a student has committed misconduct may report it to any one or more of the following:
(1) Following a discovery or referral of alleged misconduct, the Authorised Officer must as soon as possible (but generally within 10 business days) conduct a preliminary assessment of the allegation, and:
(2) If the Authorised Officer proposes to interview a student under this Part, he or she must first notify the respondent student in writing of the general nature of the allegation and:
(3) The Authorised Officer does not have to interview, or give copies of any evidence to, the respondent student in this preliminary process if he or she reasonably believes that this would:
(4) Following interview or investigation, the Authorised Officer is to:
(1) Following a decision under clause 11(4), the Authorised Officer must notify the student of the decision made, and:
(1) Authorised Officers specified in Schedule 1 have power to hear and decide allegations of misconduct that if, substantiated, warrant a Category 1 Sanction.
(2) Student Misconduct Committees have power to hear and decide allegations of misconduct that, if substantiated, warrant a Category 2 Sanction.
(3) Appeals Committees have power to hear and decide all appeals.
(4) Unless they consider it unreasonable or impractical, an Authorised Officer or a Student Misconduct Committee has power to hear and decide:
(1) If a fresh allegation is made about the same conduct or incident before a finding is made, then that fresh allegation may be heard and decided with the original allegation. However, the respondent student must first be given:
(1) A respondent student may admit an allegation of misconduct at any stage of this process and, if so, must be given a reasonable opportunity to make an oral or written statement about any Sanction to be imposed.
(2) If a student admits misconduct:
the Sanction shall instead be decided by a person authorised under clause 31 rather than being referred to a Student Misconduct Committee.
(3) The respondent student must be notified of the Sanction, and any notice must include:
(1) Before hearing an allegation of misconduct, the Authorised Officer or Student Misconduct Committee must send the respondent student a notice that:
(2) A notice of hearing may (but does not have to) include copies of any evidence about the allegation then available. Any available evidence may be excluded or redacted if disclosure at that time could unreasonably:
(1) The Authorised Officer or Student Misconduct Committee must:
(2) At a hearing, a respondent student is entitled to a reasonable opportunity to:
(1) A respondent student or, if applicable, his or her advocate may only question witnesses:
(2) Witnesses may be questioned in person or using some form of telecommunications (such as video conferencing) and with or without the respondent student being present. However, if the respondent student is not present, then he or she must be given details of the substance of that witness' evidence and a reasonable opportunity to respond to that evidence before any finding is made.
(1) A misconduct hearing must proceed to its conclusion if the respondent student does not attend the hearing without reasonable excuse.
(2) The Authorised Officer or Chair of the Student Misconduct Committee has a discretion to adjourn a hearing or extend a deadline for a short period of time, if he or she considers it is reasonable to do so in the circumstances.
(1) Following a hearing, the Authorised Officer or Student Misconduct Committee must:
(2) The Authorised Officer or the Student Misconduct Committee is to prepare and send the respondent student a report that sets out:
(3) A decision (including any Sanction) takes effect immediately from the date on which the report is sent to the respondent student, subject to any appeal.
(1) A respondent student may appeal to an Appeals Committee against a finding of misconduct or the imposition of a Category 1 or Category 2 Sanction.
(2) An appeal may only be made on any one or more of the following grounds:
(1) A respondent student must lodge an appeal with the Director, Governance Services no later than 15 business days following notification of a misconduct decision.
(2) A notice of appeal must specify:
(1) The Appeals Committee:
(2) For appeals involving a hearing, the Chair must send the respondent student a notice that:
(3) For appeals on the papers, the Chair must send the respondent student a notice that:
(4) An appeal must proceed to its conclusion if the respondent student does not:
(5) If a respondent student withdraws an appeal before the Appeals Committee decides it, then:
(1) The Appeals Committee must limit its inquiry to the grounds of appeal specified in the notice of appeal and in accordance with 21(2).
(2) For appeals involving a ground of new or fresh evidence, the Appeals Committee is to:
(3) For appeals on any other ground, the Appeals Committee must:
(4) If the Appeals Committee allows an appeal, it must either:
(5) Any appeal must be decided on the basis of:
(1) The Appeals Committee is to prepare and send to the respondent student a report that sets out:
(2) The decision of the Appeals Committee takes effect immediately from the date on which it sends its report to the respondent student.
(1) There is no further avenue of internal review or appeal following completion of an appeal under this Part 5 - Appeals.
(1) There are three categories of Sanctions that may be imposed for misconduct:
(1) A Category 1 Sanction is any one or more of the following:
(1) A Category 2 Sanction is any one or more of the following:
(2) a determination that the respondent student should not be granted the relevant award for the course or courses in which he or she was enrolled at the time the alleged misconduct occurred.
(1) A Category 3 Sanction is revocation of an award conferred on the respondent student.
(2) A Category 3 Sanction may only be imposed by the Board of Trustees in accordance with the University's Revocation of Awards Rule.
(3) There is no internal avenue of review or appeal against a decision by, or a recommendation to, the Board of Trustees to impose a Category 3 Sanction.
(1) The following Authorised Officers may impose a Category 2 Sanction or recommend to the Board of Trustees that a Category 3 Sanction be imposed where a respondent student admits to misconduct before a notice of hearing is given under clause 16:
(1) Any readmission to the University or a course following temporary exclusion or suspension is subject to any:
(1) A Sanction may be suspended with or without conditions unless:
(2) A respondent student may be required to comply with any one or more of the following as a condition of suspending a Sanction:
(3) If the respondent student fails to comply with a condition imposed under subclause (2), then the full Sanction will apply and take effect immediately when the University gives the respondent student notice to that effect.
(1) The effective date of a Sanction may be adjusted, backdated or delayed to take account of:
(1) A Sanction must be proportionate to the type and circumstances of the misconduct, and take into account the following:
(2) Any Sanction imposed under this Rule in relation to conduct that occurred within a student residence does not affect or preclude any other action concerning the respondent student's continued occupancy of or access to that student residence.
(1) All Committees shall be convened by the Chief Student Experience Officer and should include at least one male and one female member.
(2) Except for external members, Committee members must be selected from the members of the relevant Student Misconduct Panel.
(3) Each Committee is to comprise three members:
(1) The Chief Student Experience Officer may appoint an external member to a Committee as follows:
(1) The quorum for any Committee is two members, one of whom must be:
(1) A person is disqualified from appointment to a Committee if that person:
(2) A person ceases to be a member, or is disqualified from membership of, a Committee if that person:
(3) A person appointed to a Committee from a Panel may continue as a member of the Committee if, following appointment, he or she ceases to be a member of the relevant Panel.
(4) If a vacancy on a Committee occurs after that Committee begins to hear or consider a matter, but before it makes a decision, then the Chief Student Experience Officer in consultation with the remaining Committee members, shall decide as follows, taking into account what is convenient and fair in the circumstances:
(1) The Chair of a Committee is to be:
(2) The Chair:
(1) The Authorised Officers designated in Schedule 2 have power to summarily impose Temporary Restriction Orders as specified in Schedule 2.
(1) An Authorised Officer may summarily impose a Temporary Restriction Order on a student:
(1) A Temporary Restriction Order:
(2) An Authorised Officer may inform himself or herself as to any matter before imposing a Temporary Restriction Order, but does not have to give the respondent student an opportunity to be heard before making that order.
(3) A Temporary Restriction Order:
(1) An Authorised Officer must within one business day of making a Temporary Restriction Order:
(2) Following notification, the person to whom the Temporary Restriction Order is notified must decide whether the incident warrants further investigation or action for misconduct.
(1) A respondent student who is given a Temporary Restriction Order must comply with it.
(1) There is no internal avenue of review or appeal against a decision to summarily impose a Temporary Restriction Order.
(1) The following Authorised Officers have power to impose Suspension Orders:
(1) A Suspension Order may be made for the purpose of preventing or minimising any of the following risks:
(2) A Suspension Order for an allegation of misconduct involving an offence punishable by 12 months' imprisonment or more (and regardless of whether the respondent student is charged with that offence), shall apply automatically, unless the Authorised Officer is reasonably satisfied:
(1) A Suspension Order may withdraw, restrict or limit any right, entitlement or privilege applicable to a student of the University, including:
(2) A Suspension Order:
(1) If the total length of any Suspension Order (including if it is extended or renewed) exceeds or is likely to exceed 10 business days, the respondent student must be given an opportunity to be heard on the issue of suspension by a notice that:
(2) The Authorised Officer must consider any response provided by the respondent student before making or extending a Suspension Order.
(1) A Suspension Order must be in writing and must:
(1) An Authorised Officer may vary or lift a Suspension Order at any time to take account of any changes in circumstances, including the continued likelihood of any risks, by following the process specified in clauses 50 and 51.
(2) A Suspension Order ends on the earliest of:
(1) A respondent student against whom a suspension order is made must comply with it.
(1) There is no avenue of internal review or appeal against a Suspension Order.
(1) An Authorised Officer or a Committee:
(1) All students and members of the staff of the University must:
(2) A respondent student or a witness may be directed to leave a hearing if his or her behaviour is unreasonably disruptive.
(1) Hearings under this Rule must be conducted in private.
(1) A respondent student may bring along a support person to assist the respondent student or to speak on his or her behalf (including as an advocate) at any hearing or an allegation of misconduct or an appeal. However, that person must be available at the date and time specified in the notice of hearing.
(2) A support person may be directed to leave a hearing if that person unreasonably disrupts or delays the hearing. If this occurs, the hearing or appeal may proceed to completion in the absence of that support person.
(1) The University must make reasonable allowance for any academic disadvantage a respondent student suffers (such as permission to re-sit an examination or an extension of time to complete an assessment task) following a Temporary Restriction Order or Suspension Order where subsequently:
(1) Authorised Officers and Committee members must always:
(2) Authorised Officers and Committees should also act as quickly and with as little formality as possible, but in accordance with this Rule.
(3) Wherever possible, a respondent student must be notified promptly of any delays in investigating or making a decision in relation to misconduct.
(1) Any action taken under this Rule does not preclude the University from doing any of the following in relation to the circumstances involving the alleged misconduct:
(1) The University may designate a person to present evidence or make submissions on behalf of the University to a Committee.
(1) Except for minimum periods of notice to be given to a respondent student, any deadlines specified in this Rule are indicative only.
(2) Non-compliance does not render a decision or action void or capable of being set aside merely for that reason.
(1) If a clause in this Rule states that a decision cannot be the subject of any further internal review or appeal under this Rule, then that decision cannot be the subject of any further review or appeal under any other internal rule, policy or process of the University.
(2) However, this does not preclude a respondent student from exercising a right of review of that decision by a court, tribunal or other external body with power to do so.
(1) A decision made under this Rule may be corrected where:
(2) Any correction made to a decision must be notified to the respondent student promptly following discovery of that error, defect or omission.
(1) Subject to any right of appeal a respondent student has under this Rule, any finding of misconduct and any Sanction(s) imposed shall be recorded on the University's electronic and other records relating to the respondent student in accordance with the State Records Act 1998 (NSW).
(2) All relevant University staff (including any prescribed in Schedules 1 or 2) will be notified about any decision or action taken under this Rule for the purpose of recording and implementing the decision.
(1) The Vice-President, People and Advancement or the Chief Student Experience Officer may, at any stage of proceedings under this Rule adjourn or suspend any investigation or hearing of an allegation of misconduct (including any appeal) if there is a police investigation or criminal proceedings in relation to the same conduct.
(2) A decision under subclause (1) does not:
(1) If before this Rule commences, a person or a committee has commenced hearing an allegation of, or an appeal in relation to, misconduct under a process prescribed in another rule or policy, but has not yet made a decision, then that matter shall continue to be dealt under that rule or policy, until all processes in that rule or policy are completed or exhausted.
(2) Any act, matter or thing that immediately before this Rule commenced had effect pursuant to any by-law, rule, policy or other instrument of the University is taken to have effect under this Rule.