Exclusion for Safety Reasons Regulations 2014
Part 1 - Preliminary
2. Authorising provision
4. Establishment of the SAT Team
Part 2- Decision to Refuse, Exclude or Suspend
5. Consultation with the SAT Team
6. Exclusion decision
7. Effect of exclusion decision
8. Conditional exclusion decision
9. Notice of refusal, suspension or exclusion
Part 3 - Appeal Rights
10. Appeal from an exclusion decision
11. Appeal Committee
12. Procedure for considering an appeal
13. Powers and duties of Appeals Committee
14. Determination of the appeal
Part 4 - Ongoing Management
15. Compliance with conditions
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The objective of these Regulations is to make provision for refusal to enrol a student and suspension or exclusion of a student under section 41 of the Governance, Academic and Student Affairs Statute 2013.
These Regulations are made under the Governance, Academic and Student Affairs Statute 2013 and sections 28, 29 and 30 of the Victoria University Act 2010.
In these Regulations-
(1) The University must establish a Safety and Triage Team.
(2) The functions of the SAT Team are-
(3) The SAT Team is to be nominated by the Vice-Chancellor and is to comprise five members of staff of the University, as follows-
(4) The chair of the SAT Team will be the Manager responsible for student support and wellbeing.
(5) In performing its functions, the SAT Team may make any enquiries and consult any person it considers necessary.
The decision-maker must consult with the SAT Team before he or she makes an exclusion decision.
After consulting with the SAT Team, the decision-maker may make an exclusion decision if it appears to him or her that the applicant or a student may be a high risk person.
(1) A person who is subject to an exclusion decision to suspend remains a student of the university, but is prohibited from attending any teaching or assessment session.
(2) A person who is subject to an exclusion decision to exclude remains a student of the university, but is prohibited from entering any university precincts or premises.
(3) A person who is subject to an exclusion decision to refuse to enrol ceases to be a student of the university and is permanently debarred from enrolling or re-enrolling in any unit or course or study of the university, unless the university at any time determines otherwise.
(4) Without otherwise affecting the operation of this regulation, a person who is subject to an exclusion decision remains a student of the university until:
(1) If it appears to the University that an applicant or a student may be a high risk person, it may make an exclusion decision which is suspended in its operation.
(2) If a decision is made under this regulation, the University may impose a condition that the appellant complies, to the satisfaction of the University, with specified requirements.
(1) If the University makes an exclusion decision, it must give written notice of the action taken to the person excluded.
(2) The notice must be given not later than seven days after the action is taken.
(3) The notice must set out-
(4) The notice must be served on the person personally or by post or electronic means to his or her last known postal address or email address.
(5) The University may omit from the notice the statement of grounds for the decision if-
(1) A person who is the subject of an exclusion decision may appeal from the decision by lodging a Notice of Appeal in accordance with the Procedures to these Regulations, giving a notice of appeal to the University.
(2) A notice of appeal must be given within 3 weeks after the person is given the notice of decision.
(1) The University must establish an Appeal Committee for the purposes of considering an appeal.
(2) An Appeal Committee must comprise-
(3) An Appeal Committee may also include an additional member co-opted by the Appeal Committee.
(4) The Deputy Vice Chancellor or a member of staff nominated by him or her appointed under clause 11(2)(a) is the Chair of the Committee.
(5) An Appeal Committee must not include a member who has been involved with the appellant in relation to any matter covered by this Regulation.
(1) An Appeal Committee considering an appeal under these Regulations-
(2) If the decision-maker or the appellant appears before the Committee, he or she may be accompanied and assisted, but not represented, by a staff member or student or other person approved by the Committee.
(1) An Appeal Committee considering an appeal under these Regulations may-
(2) An examination or assessment under sub-regulation (1) is at the expense of the University.
(1) After considering the appeal, an Appeal Committee may-
(2) A decision of an Appeal Committee is final.
(1) In this regulation condition requiring ongoing management means a condition imposed-
(2) If a condition requiring ongoing management applies to a student, the University may-
(3) If it appears to the decision-maker that a condition requiring ongoing management has not been complied with, the decision-maker may-
(4) If the decision-maker makes an exclusion decision under this Regulation-