University Legislation

Legislation				.
	Statutes
		Statute No. 23 -- Student Discipline
			Definition of Misconduct | Penalties | Disciplinary Action | Appeals | Student Appeals Committee | Board of Discipline | Miscellaneous Provisions

Statute No. 23 -- Student Discipline

(approved 20/11/2001) (last amended 07/10/2005)

The purpose of this Statute is to prescribe what constitutes misconduct, the penalties which may be applied for proven misconduct, and the procedures for dealing with such cases.

1.	Definition of Misconduct
	1.1	The following activities constitute misconduct by students:
		(a)	dishonesty in assessment, including plagiarism and unauthorised collusion;
		(b)	falsification of an academic record or research results, furnishing false or deliberately misleading information to the University or its staff, or use of the University’s name, symbol or Seal without University authority;
		(c)	failure to obey the instruction of an examination supervisor, or any other lawful instruction given under any University Statute, regulation or by-law or under any Senate resolution;
		(d)	wilfully obstructing or disrupting any University teaching, study, research, examination or test;
		(e)	wilfully obstructing or disrupting any official University meeting, proceeding or ceremony or any University activity;
		(f)	harassing or discriminating unfairly against any person within the University on any grounds, including race (colour, ethnicity, national origin, nationality or descent), sex, pregnancy, marital status, age, sexual orientation, family responsibility, family status, political conviction, religious belief, disability or medical condition (not affecting work performance);
		(g)	wilfully interfering unduly with the freedom of speech within the University of any member of the University or of any speaker invited by any member of the University to express their views;
		(h)	wilfully interfering with the freedom of movement within the University of any member of the University or any guest or visitor;
		(i)	entering or remaining on any University building or lands which the student is forbidden to enter or remain on by an order made under the By-laws;
		(j)	wilfully obstructing or attempting to obstruct or deter any University staff members in the performance of their duties;
		(k)	wilfully damaging, wrongly dealing with, wrongly using or misappropriating any University property, or the property within the University of any person;
		(l)	engaging in abusive, threatening or obscene communications on, from or to University premises or by use of University facilities including mail or computing or network facilities;
		(m)	using University computing or network facilities in breach of University Rules, approved by the Deputy Vice Chancellor (Resource Management), on the use of such facilities;
		(n)	assaulting or attempting to assault any person within the University, or causing any person to hold reasonable fears for her or his safety or physical or psychological well-being;
		(o)	failing to comply with any penalty imposed under any University Statute, Regulation, Rule, By-law or Senate resolution.
	1.2	When determining whether an activity constitutes misconduct, a construction shall be preferred which permits freedom of speech and freedom of expression by students, where such speech or expression is consistent with like freedoms given to others and the personal and property rights of any person affected.
	1.3	The burden of proving an allegation of misconduct rests with the University. The standard of proof is the balance of probabilities.
	1.4	This Statute also applies to former students in cases where the alleged misconduct is dishonesty in assessment (including plagiarism, unauthorised collusion or falsification of research results). Any disciplinary action against former students must be initiated within 12 months of cessation of enrolment, except that there shall be no time limit where the alleged misconduct occurred:
		(a)	whilst the person was enrolled for a doctoral or research masters degree, or
		(b)	as part of a thesis submitted for a bachelor honours degree or a coursework masters degree.
2.	Penalties
	2.1	The penalties that may be imposed for misconduct are:
		(a)	a caution;
		(b)	requirement to rewrite and resubmit an assignment or other assessment component, or to write and submit another assignment in its place;
		(c)	failure in an assessment component of a unit, or a reduced mark for that component;
		(d)	failure in a unit;
		(e)	suspension of all or any of the student’s rights and privileges, including exclusion from classes, examinations or other forms of assessment, from use of facilities, withholding the student’s assessment results and/or graduation, and prohibition of re-enrolment;
		(f)	a fine of up to $300;
		(g)	suspension of the student’s enrolment for one or two semesters;
		(h)	expulsion from the University.
	2.2	Where a student is found guilty of misconduct, one or more of the above penalties may be imposed.
	2.3	The academic penalties available in 2.1 (b) and (c) shall only be applied for misconduct involving dishonesty in assessment. In determining what penalty to impose in such cases, officers shall take account of any guidelines approved by Academic Council.
	2.4	Any penalty imposed under this Statute may be suspended by the person or body imposing it: (a) until the time for appealing against it has expired; or (b) for a longer period or indefinitely. Any such suspension may be subject to such terms and conditions (including undertakings by the student) as the person or body granting it thinks fit.
	2.5	Subject to the rights of appeal provided in this Statute, any decision under this Statute that a student has been guilty of misconduct and any imposition of a penalty on a student is final and conclusive.
	2.6	A student expelled from the University shall not be re-enrolled except with the approval of the General Counsel.
3.	Disciplinary Action
	3.1	The following persons may exercise disciplinary powers under this Statute. The types of misconduct for which different persons may exercise disciplinary powers are not mutually exclusive. Person Type of misconduct Penalties available Deputy Vice Chancellor (Academic) misconduct in an examination a caution exclusion from any examination or supervised assessment, if this is necessary to preserve order and decorum in the examination or supervised assessment a fine suspension of all or any of the student’s rights and privileges within the University for up to 14 days failure in that unit suspension from the University for up to 2 semesters expulsion from the University misconduct in or in relation to the Library a caution suspension of all or any of the student’s rights and privileges in relation to the Library, including exclusion from the Library premises or any part of such premises for up to 14 days a fine suspension from the University for up to 2 semesters expulsion from the University non-payment of a fine or debt to the University, by the deadline withholding of information concerning the student’s results in any unit or part of a unit, the granting of credit for any unit and the award of any degree or diploma prohibit re-enrolment Note: The above penalties shall cease on payment of the overdue amount.   other instances of misconduct a caution a fine suspension from using the University’s computing and networking facilities for a specified or indefinite period failure in the unit in which the misconduct occurred suspension from the University for up to 2 semesters expulsion from the University Deputy Vice Chancellor (Research) any instance of misconduct by a postgraduate research student a caution a fine suspension of all or any of the student’s rights and privileges within the University for up to 14 days Faculty Dean any instance of misconduct within that Faculty a caution a fine if the student has acted unfairly or dishonestly in connection with any assessment in a unit conducted by that Faculty: fail in the unit or in assessment component(s) of the unit; a reduced mark for the assessment component; rewrite and resubmit an assignment or other assessment component; write and submit another assignment in its place suspension of all or any of the student’s rights and privileges within the Faculty for up to 14 days Director of Information Technology any instance of misconduct in or in relation to the University’s computing and networking facilities a caution suspension from using those facilities for up to 28 days Any member of academic staff any instance of misconduct in any class conducted or supervised by her or him exclude the student from that particular lecture, tutorial, seminar, laboratory or other class
	3.2	Before disciplinary action is taken under s.3.1 by a Deputy Vice Chancellor (other than in the case of non-payment) or Executive Dean, he or she shall:
		(a)	interview the student, who shall be given written notice of the details of the alleged offence and of the date and time of the interview. That notice shall be sent so that it is received (see s.7.1) no less than 5 days before that interview, though the student may waive this period of notice. The student may bring another person, other than a legal practitioner, to attend the interview as a witness and to provide moral support; any greater role for that person is at the discretion of the staff member conducting the interview. If the student is not in Perth, or if a disability prevents the student’s attendance, the interview may be held by telephone, teleconference or videoconference, if the officer agrees to this. Any student who comes to Perth for a disciplinary interview is responsible for her or his own transport and accommodation costs. If the student fails to attend the interview, the officer shall deal with the allegation in the absence of the student;
		(b)	investigate the allegation and take such advice and seek such information as the officer considers appropriate;
		(c)	if the alleged misconduct is likely to lead to a penalty of failure in a unit or to a more serious penalty, consult the University Secretary before taking action;
		(d)	if the student is found guilty of misconduct, notify the student in writing of the finding of misconduct, the penalty or penalties imposed, and of the appeal procedures, and copy this letter to the Office of Student Services. The Office of Student Services shall record the finding and the penalty on the computerised student records.
	3.3	An officer can delegate to another staff member the investigative and interviewing roles in any disciplinary case, but not the authority to make a finding. The delegate shall provide the officer with a brief written report containing: (a) the charge and a summary of the evidence, (b) the student's response, (c) the reasons for concluding whether or not misconduct occurred, and, if a finding of misconduct is recommended, (d) the recommended penalty or penalties and the reasons for such. Before the officer considers this report, the student shall be given a copy and the opportunity, if he or she so wishes, to provide written comments within seven days.
	3.4	Where an officer taking disciplinary action concludes that this action is more appropriately taken by another officer, the case may be transferred to that officer. The requirements of s.3.2 then apply anew.
	3.5	The procedures in s.3.2 do not apply where disciplinary action is taken by the Director of Information Technology, or by academic staff for misconduct in a class conducted or supervised by them.
4.	Appeals
	A student may appeal against any finding of misconduct or penalty imposed under s. 3 of this Statute:
	(a)	if the penalty is other than suspension (for one semester or more) or expulsion from the University appeals are to be lodged with the Student Appeals Committee.  Appeals must be lodged within twenty working days of the student receiving notification of the penalty.  The Student Appeals Committee may suspend the application of the penalty until it has made a decision on the appeal.
	(b)	if the penalty is suspension (for one semester or more) or expulsion from the University appeals are to be lodged with the Board of Discipline. Appeals must be lodged within twenty working days of the student receiving notification of the penalty.  The Board of Discipline may suspend the application of the penalty until it has made a decision on the appeal.
5.	Student Appeals Committee
	5.1	The student shall have the right to appear before the Committee, and to be assisted in presenting her or his case by a person other than a qualified legal practitioner. The Committee shall also take such advice and seek such information as is considered appropriate to reach a decision on an appeal.
	5.2	The Student Appeals Committee will be constituted in accordance with the Student Appeals Committee Regulations.
	5.3	Any member of the Committee who has a family or other personal relationship with an appellant, or other conflict of interest, shall withdraw from the meeting during consideration of that case, and be replaced by the alternate member or another student nominee (as applicable).
6.	Board of Discipline
	A.	Powers and Functions
	6.1	The Board of Discipline has authority to hear and adjudicate in the following situations:
		(a)	Where the penalty is suspension (for one semester or more) or expulsion from the University, the student may appeal to the Board against the finding of misconduct and/or the penalty. Any appeal must be lodged within 14 days of the student receiving (see s.7.1) written notification of the decision from which the appeal is made, and must contain details of the grounds upon which the appeal is based.
		(b)	The General Counsel may charge a student with misconduct and refer the charge to the Board of Discipline. Any such reference to the Board must be made within one month after the act of misconduct is discovered.
		Any reference to the Board shall be made by written notice to the Vice Chancellor.
	6.2	The Board shall hear the case from the beginning.
	6.3	If the Board finds that misconduct has been proved, it may apply any of the penalties in s.2.1. Alternatively, it may decline to record a finding of misconduct or to impose a penalty, if in its opinion the act of misconduct was trivial or for any other reason. In the case of a reference by way of appeal, the Board may affirm, vary or annul the penalty.
	6.4	The decision of the Board shall be final and conclusive.
	6.5	If the student has been wholly or partially successful, the Board may award the student the whole or part of the student’s costs of the hearing, but the student shall not be entitled to costs in respect of any other proceedings or determination under this Statute. If the Board awards costs, it shall fix the amount payable. This amount shall be paid to the student from University funds.
	B.	Constitution
	6.6	The Board of Discipline shall consist of—
		(a)	a Chair appointed by the Senate after consideration of a recommendation from the Chair of Legislation Committee. The Chair shall be a qualified legal practitioner who is not a member of the University staff. The appointment shall be for a term specified by Senate.
		(b)	two members of full-time academic staff, one of whom shall be female and the other male.
		(c)	two students, one of whom shall be female and the other male.
	6.7	The staff and student members shall be selected randomly by a method determined by the Director of Information Technology. This selection shall take place when a case has been referred to the Board. The members so selected shall then serve for one year. Any person selected may decline membership, in which case the random selection shall continue until the vacancies have been filled. If a member of the Board ceases to be a staff member or student of the University, or has personal involvement in the case, the Director shall select a replacement member by the same method. The Director shall inform the student of the method of random selection, if requested by the student.
	C.	Proceedings
	6.8	The quorum of the Board shall be the Chair and any two other members.
	6.9	The Vice Chancellor shall appoint a person, other than the University Secretary, as the secretary of the Board. In any case before the Board, the secretary shall give the student not less than five days’ written notice of the hearing. This notice shall include the time and place of the hearing, particulars of the charge (if the reference is under s.6.1(b)), details of the student’s rights under s.6.10, and a copy of the procedural guidelines of the Board.
	6.10	The student is entitled:
		(a)	to present oral and written submissions to the Board;
		(b)	to be represented by another student or a member of the University or Guild staff who is not a qualified legal practitioner;
		(c)	to apply to the Chair to be permitted to be legally represented at the hearing. The Chair may allow such representation if, having regard to the circumstances of the case or the severity of the penalty appealed against, the Chair considers it desirable that the student be legally represented. If the Chair allows legal representation to the student, the University may also be legally represented.
		(d)	to be present with her or his representative throughout the hearing, except when the Chair and the members of the Board wish to confer privately among themselves or to consider their decision;
		(e)	either personally or by her or his representative to call and examine witnesses, cross-examine witnesses called by the University, and address the Board;
		(f)	to apply to the Chair to participate in the hearing by teleconference or videoconference if the student is not in Perth, or if a disability prevents the student’s attendance. If the Chair allows this form of participation, the Chair shall determine whether the costs should be met by the student or the University. Any student who comes to Perth for a hearing of the Board is responsible for her or his own transport and accommodation costs.
	6.11	If the student fails to appear despite having received notice, the Board may proceed with the hearing in the student’s absence or order an adjournment.
	6.12	The Vice Chancellor may appoint a member of the University staff who is not a legal practitioner to represent the University at the hearing. This person may call and examine witnesses, cross-examine witnesses called by the student, and address the Board.
	6.13	The Chair shall have a deliberative vote only. If the votes are equally divided, the case shall be determined in favour of the student.
	6.14	The Board shall not deal with more than one charge or appeal at the same hearing, unless in its opinion the charges or appeals arise out of instances of alleged misconduct which comprise a series of instances of the same or similar character; were committed in the furtherance of a common objective; or occurred during group activity by the students.
	6.15	Hearings of the Board shall be open to members of the University, unless the student elects for a private hearing or the Chair orders that the hearing be closed on the grounds that, in her or his view, order otherwise cannot be maintained.
	6.16	The Chair shall have complete authority to keep order and may order the removal of any person, including a student in respect of whom the hearing is taking place or the representative of such a student, for unruly conduct.
	6.17	The Board’s procedures, including the order in which evidence may be called and addresses heard, shall be at the discretion of the Chair. The rules of evidence do not apply.
	6.18	The decision of the Board and its reasons shall be communicated in writing to the student.
7.	Miscellaneous Provisions
	7.1	Any written notice required under this Statute shall be regarded as received if given to that person by hand, sent to the email address or fax number nominated by that person, or posted to the last address known to the Office of Student Services as that person’s place of residence. A notice sent by post is to be taken to be given and received three days after it is posted, except where the address is a place outside Australia, in which case it is taken to be given and received seven days after it is posted. A notice sent by email or fax is taken to be given and received on the day it is sent. A notice sent by email must be sent by post also.
	7.2	Nothing in this Statute affects the powers or authority of any person or body in the University under any Act of Parliament, or any other Statute, Regulation, By-law or Senate resolution not inconsistent with this Statute.
	7.3	Statute No.23 — Discipline is hereby repealed.

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The information contained on this page was correct as at 29/05/2008 but is subject to amendment without notice.