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(1) This Procedure outlines the process by which alleged student misconduct issues will be handled and describes the penalties that will apply, if allegations are proven. This Procedure is governed by the Student Misconduct Regulations 2019 and should be read in conjunction with that document. (2) This Procedure applies to anyone who is a student of the University. (3) Terms used in this Procedure have the same meaning given to them in regulation 4 of the Student Misconduct Regulations 2019. The terms defined in the regulation include what behaviour constitutes: (4) See Student Misconduct Regulations 2019. (5) Victoria University (VU) is an educational institution that values equity, fairness and encourages all students to excel. (6) The approach taken by the University to alleged student misconduct reflects this educative focus, with an emphasis on resolving matters at the local level where appropriate, and ensuring a reasonable and proportionate response to matters that impact individuals and the University as a whole. (7) When a student allegedly behaves in a manner contrary to the standards set out in the Student Misconduct Regulations 2019, the matter may be dealt with as either academic misconduct or general misconduct, or both. (8) Any person, including another student or someone who is not a member of the University, may make allegations of misconduct against a student of the University. (9) Allegations of misconduct will be dealt with in accordance with the procedures outlined in: (10) As set out in regulation 9 of the Student Misconduct Regulations 2019, an authorised officer may give reasonable directions to students: (11) What is considered a 'reasonable direction' will depend on the situation. (12) In most cases where an authorised officer has reasonable grounds to believe that a student may be acting or may have acted contrary to the behavioural or academic standards expected (e.g. talking or failing to turn their phone off in class, or inadequate or misleading citation that does not constitute plagiarism under the Academic Integrity Policy), an 'educative response' will be appropriate. (13) An educative response may include informing the student of the standards expected, asking the student to desist and advising the student of the consequences of continued inappropriate behaviour. (14) In more serious situations, it may be appropriate for an authorised officer to temporarily withdraw permission for the student to participate in a University activity, and/or to use or enter all or particular University premises or facilities for a period not exceeding 48 hours. (15) In accordance with regulation 9 of the Student Misconduct Regulations 2019, the temporary removal of a student should only be applied in circumstances where the authorised officer has reasonable grounds to believe that a student has or may be committing student misconduct. The temporary removal should only be applied where it is considered necessary for the maintenance of good order (for example where the student's behaviour impedes the normal functioning of an activity or where the student's behaviour is perceived as a threat to the safety of people or property). Specific examples of where this may be appropriate include, but are not limited to: (16) The temporary removal of a student under clause (15)a. will generally only be imposed for the duration of the particular activity and in the case of conduct under clauses (15)b. or (15)c. can be for a period of no greater than 48 hours. The removal should be the least restrictive available to satisfy the requirements of the particular circumstances. (17) Where an authorised officer temporarily removes a student, they must report the incident to the Integrity Office within 2 University business days so that a central record can be made. (18) In accordance with regulation 10 of the Student Misconduct Regulations 2019, where an authorised officer believes that action taken in accordance with Part B above is inappropriate or insufficient to adequately address the alleged conduct, they must promptly report the matter to a senior officer within the relevant area . The sorts of alleged misconduct that should be escalated to a senior officer include, but are not limited to: (19) As a general rule, anything other than potential low-level/minor misconduct should be escalated to a senior officer. Further, where an authorised officer is in any doubt, advice should be sought from a senior officer. (20) As set out in sub-regulation 10(2) of the Student Misconduct Regulations 2019, all allegations of misconduct arising out of incidents occurring in or under the auspices of the Student Residences should at first instance be determined in accordance with the Student Residences specific rules and associated procedures. (21) Where the Manager of the Student Residences believes that the action is insufficient to address the behaviour (e.g. where the conduct may have a wider implication for the safety and wellbeing of the University community), they may report the matter to the senior officer responsible for the Student Residences. The matter may then be addressed in accordance with the Student Misconduct Regulations 2019 and this Procedure (or referred to the Exclusion for Safety Reasons Regulations 2019 ). (22) Similarly, when VU students are studying with a host institution (e.g. on an exchange overseas), they will be subject to the host institution's rules and procedures. (23) As set out in sub-regulation 10(2) of the Student Misconduct Regulations 2019, where any response (including a lack of response) by a host institution is considered insufficient to address the alleged conduct, the matter may be referred to a senior officer from the relevant area at the University. The matter may then be addressed in accordance with the Student Misconduct Regulations 2019 and this Procedure (or referred to the Exclusion for Safety Reasons Regulations 2019). (24) If a student's conduct causes any person to be concerned for his or her or another person's physical safety, they should contact the Police and University Security. (25) If an authorised officer believes that, taking into consideration any relevant circumstances, the alleged misconduct suggests that the student may be a high-risk person, they must refer the matter to a senior officer within the relevant area who will refer the matter to the University Safety and Triage team for consideration under the Exclusion for Safety Reasons Regulations 2019 and relevant procedures. High-risk behaviour is described in section 41 of the Governance, Academic and Student Affairs Statute 2013. (26) Where a student is referred to the University Safety and Triage team, the misconduct process will be suspended pending the outcome of that process. Where the matter is considered by the senior officer of the relevant area to have been adequately dealt with under that process (e.g. where a student has been excluded under that Regulation), the misconduct process may be dismissed. (27) As set out in regulation 11 of the Student Misconduct Regulations 2019, where a senior officer receives a report of alleged student misconduct they should inform themselves as they see fit in order to make a decision as to whether the alleged conduct should either be: (28) This initial process may include undertaking some preliminary fact-finding if the senior officer does not believe that there is enough information. (29) The preliminary fact-finding process (if required) and the forming of a preliminary view regarding how the matter should be handled should take place quickly, however it does not constitute an investigation meeting. Unless there are unusual circumstances, this process should take no longer than 10 University business days. (30) Where the allegation involves a possible breach of the University's Research Integrity Policy, the senior officer should notify the Graduate Research School as soon as practicable. (31) The senior officer will then consult with the Graduate Research School regarding the seriousness of the alleged conduct and the appropriate allocation of responsibilities in dealing with the matter. In particular, the Graduate Research School will advise whether: (32) If after informing themselves as necessary, the senior officer is of the view that the alleged misconduct matter has been adequately dealt with by an authorised officer, or if they believe that the allegation has no merit, they may dismiss the allegation and take no further action. Circumstances where an allegation could be dismissed for having no merit include: (33) In accordance with sub-regulation 11(3) of the Student Misconduct Regulations 2019, where a senior officer is of the view that the alleged misconduct may have occurred and that it requires further action, they must - (34) As set out in sub-regulation 11(4) of the Student Misconduct Regulations 2019, senior officers may also take any other action that is reasonable in the circumstances. (35) Depending on the situation, other reasonable action may include temporarily withdrawing permission for the student to participate in a University activity, use or enter all or particular University premises or facilities for a reasonable period, not exceeding one week. (36) The temporary removal of a student by a senior officer should only be applied to circumstances where it is necessary for the maintenance of good order (for example where the student's behaviour impedes the normal functioning of an activity or where the student's behaviour is perceived as a threat to the safety of people or property). (37) Where a senior officer considers such action to be necessary, they should endeavour to impose the least restrictive period appropriate in all the circumstances. The senior officer must report the removal to the Integrity Office within 2 University business days so that a central record can be made. (38) Whether a matter is sufficiently serious to warrant a referral by a senior officer to the Student Misconduct Panel will be a question of judgement. As a general guide, serious matters include, but are not limited to: (39) A referral to the Student Misconduct Panel can be made by lodging a Student Misconduct Referral form with the Integrity Office. (40) The referral form should clearly set out the following: (41) Where a senior officer investigates the alleged misconduct, rather than referring the matter to the Student Misconduct Panel, they must follow the investigation process outlined in Part E. (42) The investigation process should commence as soon as practicable, which will generally mean no more than 10 University business days after the matter was first referred to the senior officer. (43) Where the student admits the misconduct or, after investigation, is found to have committed misconduct, the senior officer may impose one or more of the appropriate penalties under Part F after taking into account all the particular circumstances of the case. (44) The Integrity Office will convene and administer the Student Misconduct Panel. (45) The Student Misconduct Panel will be comprised of: (46) When appointing staff to the panel or appointing nominees, the Chief Student Officer and Deputy Vice-Chancellor, Research & Impact will take into account the nature of the allegations and ensure that the appointees have the appropriate skill and expertise to consider the matter. For instance, where the allegation involves academic misconduct, the Panel Chair or members of the Panel should include senior academics. (47) As set out in regulation 12 of the Student Misconduct Regulations 2019, the Student Misconduct Panel must not include anyone who has, or may be perceived to have, a bias or conflict of interest in the matter. A bias or a conflict of interest may include, but is not limited to: (48) Once a referral of alleged student misconduct has been received by the Integrity Office, the Integrity Office will send all the relevant material to the Chief Student Officer or, where the matter involves alleged Research Misconduct, to the Deputy Vice-Chancellor, Research & Impact. (49) Once the appointed Chair of the Panel receives a report of alleged student misconduct, they may inform themselves as necessary to form a view as to whether the allegation has any merit. This may include seeking further information if the referral form does not contain sufficient information. (50) If, after forming a preliminary view, the Chair believes that the allegation has no merit, they may dismiss the allegation and take no further action. Circumstances where an allegation or matter could be dismissed for having no merit include - (51) If the Chair dismisses an allegation on the basis it has no merit, they must notify the student and the Integrity Office of their decision and the reasons for it. (52) If the Chair of the Student Misconduct Panel is of the view that the alleged misconduct may have occurred, the Chair must, in accordance with regulation 13 of the Student Misconduct Regulations 2019, appoint a Student Misconduct Panel to investigate allegation(s) of student misconduct. (53) When appointing the two other senior officers to the Student Misconduct Panel, the Chair should ensure that where the matter involves alleged academic misconduct, that at least one senior officer is an academic member of staff. (54) As set out in regulation 14 of the Student Misconduct Regulations 2019, the Student Misconduct Panel Chair may also take any other action that is reasonable in the circumstances. This may include withdrawing permission for the student to participate in a University activity, use or enter all, or particular University premises or facilities or services, pending the completion of the investigation process and notification of the decision. (55) The temporary removal of a student from all or part of University activity pending the outcome of the misconduct process should only be applied to circumstances where it is necessary for the maintenance of good order (for example where the student's behaviour impedes the normal functioning of an activity or where the student's behaviour is perceived as a threat to the safety of people or property). (56) Where the Student Misconduct Panel Chair, considers such action to be necessary, they should endeavour to impose the least restrictive period appropriate in all the circumstances. (57) Once the Chair of the Student Misconduct Panel determines to investigate alleged student misconduct, the Student Misconduct Panel must follow the investigation process outlined in the Student Misconduct Regulations 2019 and Part E of this Procedure. The investigation process should commence as soon as practicable after the matter was first referred. (58) Where the student admits the misconduct, or, after conducting an investigation, is found to have committed misconduct, the Student Misconduct Panel will either - (59) As set out in regulation 15 of the Student Misconduct Regulations 2019, prior to the investigation meeting, the senior officer or Student Misconduct Panel will provide the student with written notice, including: (60) Where a student is located overseas or where it would be inappropriate for them to attend in person, efforts should be made to enable the student to appear by video or other telecommunication device. (61) Where practicable, the student should be provided with at least 5 University business days' notice of the investigation meeting. (62) The senior officer or Student Misconduct Panel in conducting the investigation will - (63) 'Acting fairly and impartially' will include giving the student an opportunity to comment on any documents or statements that are likely to be relied upon by the decision maker(s) in reaching their decision, before the decision is made. (64) 'Making all enquiries considered to be relevant' will generally include reviewing statements from and/or speaking to the person who initially reported the student misconduct as well as other relevant witnesses and the student concerned. It will also include reviewing any relevant documents and, in complex cases, it may also include seeking an investigation report from a suitably qualified person or people. (65) When the investigation is complete, the senior officer or Student Misconduct Panel will make a decision as to whether they are persuaded that the allegation of general misconduct and/or academic misconduct is either substantiated or not. (66) If the student acknowledges the alleged behaviour or if the senior officer or Student Misconduct Panel finds that there has been student misconduct, they may impose one or more of the sanctions set out in the Student Misconduct Regulations 2019 and Part F below, or in the case of research misconduct, recommend to the Vice-Chancellor that they impose one or more of the sanctions set out in the Student Misconduct Regulations 2019 and Part F below. (67) In making a decision as to which sanction(s) may be appropriate, the senior officer or Student Misconduct Panel should take into account all the particular circumstances of the case (for example, early acknowledgement of wrong-doing and/or genuine remorse) and endeavour to choose the least restrictive sanction that is appropriate in all the circumstances. Where the Student Misconduct Panel is considering suspending a student, they should take into account any time that the student may have been directed to spend away from the University throughout the disciplinary process. (68) The sanction will not come into effect until the expiration of the appeal period, or where an appeal is lodged, until the appeal process has run its course. (69) Nonetheless, the Senior Officer or Student Misconduct Panel, in consultation with each other, may make any interim directions they believe may be necessary for the maintenance of good order. For instance, where a decision is made to exclude a student for dangerous behaviour, the Senior Officer or Student Misconduct Panel, in consultation with each other, may direct that the student not participate in any University activity or use or enter University premises or facilities until the appeal period or, where an appeal is lodged, the appeal process has run its course. (70) In the case of international students, the Integrity Office must notify the International Enrolment Unit to ensure that the ESOS requirements are adhered to. (71) In accordance with regulation 16 of the Student Misconduct Regulations 2019, the decision should be in writing and sent to the student via his or her last known postal and/or email address. The notice should be served to the email address nominated by the student, where this has occurred. (72) The student must be informed of the outcome of the investigation decision within 5 University business days of the decision being made. (73) Where a decision is made that the allegation of student misconduct is substantiated, the student must also be informed of - (74) Where a student is found to have committed student general misconduct, one or more of the following sanctions may be imposed by a senior officer after taking into account all the particular circumstances of the case - (75) Where a student is found to have committed student general misconduct, the Student Misconduct Panel may impose one or more of the following sanctions after taking into account all the particular circumstances of the case - (76) Where a student is found to have committed student academic misconduct, one or more of the following sanctions may be imposed by a senior officer - (77) Where a student is found to have committed student academic misconduct, one or more of the following sanctions may be imposed, or recommended to the Vice-Chancellor to impose, by the Student Misconduct Panel - (78) The relevant Executive Dean/Executive Director and Chief Student Officer will be notified of the Decision which will be recorded on the student's file and stored in accordance with the University's Records Management Policy and procedures. (79) VU will make, and maintain, a Register of Academic and General Misconduct concurrently with the Register of Academic Integrity Breaches (as per Academic Integrity Policy), recording the details of the breach, the response, and the action taken. All Colleges and other business areas delivering VU courses will maintain a Register of Academic and General Misconduct. (80) The College Director of Learning and Teaching or the College Manager or equivalent officer will be responsible for keeping the register for the College or business area. (81) Each Register of Academic and General Misconduct must be provided to the Integrity Office on a regular basis, as they manage the University Register. (82) On an annual basis, a summary of Student Misconduct (General and Academic) matters captured in the Integrity Office University Register must be provided to Academic Board for analysis and discussion. (83) Aggregated and de-identified data may also be used to support the University's monitoring, reporting and continuous improvement processes with respect to student services.Student Misconduct Procedure
Section 1 - Summary
Section 2 - Scope
Section 3 - Definitions
Top of PageSection 4 - Policy/Regulation
Section 5 - Procedures
Introduction
Part A - Summary of Roles and Responsibilities
Roles
Responsibilities
Authorised officer
To give reasonable directions to address apparent student misconduct and to report alleged student misconduct to a senior officer where appropriate.
Chief Student Officer
To receive notification of the student misconduct decision for the purpose of fulfilling any external reporting or notification requirement.
Executive Dean/Executive Director
To receive notification of the student misconduct decision for the purpose of fulfilling any external reporting or notification requirement.
Senior officer
To make an initial assessment regarding reports of student misconduct.
To liaise with the Graduate Research School regarding allegations involving a potential breach of the Australian Code for the Responsible Conduct of Research (2018) (Cth).
To investigate allegations of student misconduct or, in serious cases, refer the matter to the Student Misconduct Panel.
Student Misconduct Panel
To investigate alleged Student Misconduct.
Student advocate
Provides advocacy, advice and assistance to the student throughout the process.
Support person
Provides assistance and support to the student, but does not actively participate in the process.
Part B - Responding to Potential Student Misconduct
Authorised officers to give reasonable directions
Reasonable directions by authorised officers
Temporary removal by authorised officer
Reporting the alleged student misconduct
Alleged general misconduct in the student residences
Alleged misconduct while a student is studying with a host institution
High-risk behaviour
Part C - Response to alleged misconduct by senior officer
Preliminary fact-finding/consideration of the allegation
Matters involving Research
Dismissing the allegation where it has been adequately dealt with or lacks merit
Addressing the alleged misconduct
Temporary removal by senior officer
Referral to the Student Misconduct Panel
Investigation by senior officer
Part D - Student Misconduct Panel
Student Misconduct Panel Composition
Student Misconduct Panel functions
Temporary removal pending completion of process
Investigation by Student Misconduct Panel
Part E - Investigation
Commencing the investigation process
Conducting the investigation
Decision
Notice of decision to student
Part F - Sanctions
Sanctions for student general misconduct
Senior officer
Student Misconduct Panel
Sanctions for student academic misconduct
Senior officer
Student Misconduct Panel
Recording, monitoring and reporting on Student Misconduct