Student Support - Division of Student Services

ACADEMIC ADVICE

Student General Misconduct

What is Student General Misconduct?

Student General Misconduct is outlined in the Administration Manual. Follow the links to the Student General Misconduct Rule.

In general, "Misconduct" means misconduct whilst on a University campus or facility or whilst involved in a University activity and such misconduct is defined as:

conduct which unreasonably impairs the rights of other persons to pursue their work, studies or researches, or to participate in the life of the University or its residences, or which unreasonably interferes with the due processes of the University or which causes damage to property; or
behaviour which injures other persons or which by its nature unreasonably endangers the safety of other persons; or
willfully or negligently destroying, damaging, losing or removing or otherwise interfering with either any property of the University or any property on a facility of the University; or
breaching the copyright or moral rights of a third party, including use of University facilities, services or amenities; or
entering any place in the University where a student is not authorised to enter where proper notification was in place to inform the student of the same; or
failing to comply with any lawful order or direction of an employee of the University or of a person acting under the authority of the University; or
failing to comply with any rule, order or direction made in pursuance of the Charles Sturt University Act, 1989 or any by-laws, rules and regulations made under it; or
failing to comply with a notice duly served to give evidence to a General Misconduct Panel or a General Misconduct Appeals Committee constituted as per this Rule; or
conduct upon a facility of the University, or while taking part in an official activity of the University, which is prejudicial to the good order and government of the University.

What happens if you are suspected of student general misconduct?

If a person in charge of a facility, or the Head of Campus, feels that the behaviour of a student amounts to misconduct, or is an imminent threat of misconduct, the person in charge of that facility may suspend the student from using that facility, or for coming on to campus, for up to two weeks.

The person who has imposed the suspension must report the suspension and the circumstances of the suspension to the Head of Campus within 7 days. They should also advise the student in writing of the suspension, and the circumstances of the suspension.

If the Head of Campus believes that the conduct does not warrant an investigation - the Head of Campus shall take no further action against the student and shall inform the person making the written complaint and the student of the outcome. The Head of Campus shall advise the student of, in particular, the allegation, the name of the person making the allegation, enquiries made and the outcome of the allegations.

If the Head of Campus believes that the case warrants an investigation they will normally conduct a preliminary enquiry in the first instance. In most instances the student will be asked to meet with the Head of Campus to discuss the matter. The student can elect to take a support person with them to this meeting. This can not be a practising legal practitioner. The students can discuss the matter with the Student Support Officer prior to this meeting. The Student Support Officer can also act as your support person during this meeting.

If, after the preliminary meeting, the Head of Campus determines that the conduct warrants an investigation, the Head of Campus shall do one of the following:

conduct an investigation into the allegations referred to in the written complaint, or
refer the written complaint to a General Misconduct Advisory Panel within 14 days of receipt of the written complaint.

Head of Campus's Investigation

In conducting the investigation the Head of Campus shall send a written notification to the student including the following details:

the allegation and details of the allegation;
the name of the person making the allegation;
the preliminary enquiries made and the outcome of the enquiries;
a request that the student respond within 14 days; and
written information, if any, from the relevant Student Representative Committee regarding assistance available to the student.

The student may respond to the Head of Campus in writing, by telephone or in person. The Head of Campus may grant the student an extension of time to respond.

In conducting the investigation the Head of Campus shall have the authority to require any member of the University staff or any student to appear before the Head of Campus with a view to assisting the investigation, but no person appearing shall be obliged to answer any question. The Head of Campus shall adhere to the principles of natural justice.

The Head of Campus shall conduct the investigation and reach a decision within 21 days of notifying the student, unless granted an extension by the Vice-Chancellor.

General Misconduct Advisory Panel's Investigation on behalf of the Head of Campus

Rather than handle the investigation, the Head of Campus can refer the matter to the General Misconduct Advisory Panel. In this case they will nominate 3 staff members to hear the matters.

The functions of a General Misconduct Advisory Panel are:

to act on behalf of the Head of Campus by making enquiries and to determine whether or not misconduct has occurred; and
to recommend to the Head of Campus on penalties to be imposed for misconduct.

The members of a Panel shall include:

one member of a Regional Consultative Committee;
one student of the University;
one staff member of the University; and

There will be at least one male member and one female member on the Panel.

No person with a conflict of interest may be appointed to a Panel.

The Head of Campus shall appoint the Presiding Member of a Panel who shall have a deliberative vote.

A Panel shall convene within seven days of receiving a request from the Head of Campus.

The Panel shall send a written notification to the student including the following details:

the allegation and details of the allegation;
the name of the person making the allegation;
the preliminary enquiries made and the outcome of the enquiries;
a request that the student respond within 14 days; and
written info rmation, if any, from the relevant Student Association regarding assistance available to the student.

The student may respond to the Panel in writing, by telephone or in person. The Panel may grant the student an extension of time to respond.

In conducting the investigation the Panel shall have the authority to require any member of the University staff or any student to appear before the Head of Campus with a view to assisting the investigation, but no person appearing shall be obliged to answer any question. The Panel shall adhere to the principles of natural justice.

A Panel shall conclude its enquiry, reach a recommendation and report to the Head of Campus within thirty days of its original convening unless granted an extension of time by the Head of Campus.

The Panel shall then present its report to the Head of Campus who shall make a decision within seven days of the Panel's presentation of the report.

What penalties might arise from misconduct?

The Head of Campus shall make one of the following decisions:

declare the student not guilty of misconduct; or

declare the student guilty of misconduct and do any one of the following:

take no further action against the student; or
caution or reprimand the student; or
require the student to pay for damage and/or expense caused by the misconduct not exceeding the full value (less any recoverable insurance claimed) of rectifying the damage and/or compensating the expense; or
impose a fine and the conditions of payment of the fine on the student not exceeding the maximum value of the academic misconduct fine contained in the University's Schedule of Fees. The fine will be paid into the general funds of the University; or
suspend the student from the use of any specific facility, or the right to enter any specific building or area of land of the University or any specific part thereof; or
suspend the student from the University for a specified period not exceeding one calendar year. A suspended student has the automatic right of re-enrolment in the course from which he or she was suspended at the completion of the period of suspension. A suspended student may not be admitted to any course in the University and may not be enrolled in the Associate Student Program during the period of suspension.
If suspension occurs during a session, the Dean/s of the Teaching Faculty/ies shall determine the grades for the student for that session; or
a combination of penalties specified in clauses 5.15.2.1 to 5.15.2.6 above; or
declare the student guilty of misconduct and expel the student from the University for a specified period of at least two years. A student expelled from the University under this clause may not be eligible for admission to any course in the University and may not be enrolled in the Associate Student Program during the period of expulsion. Such a student who wishes to resume study at the University after the period of expulsion must apply for admission to the University. Admission is not automatically granted: each application is considered on its merit.

The Head of Campus shall:

advise the student of this fact in writing; and
give the student the right to appeal within twenty-one days from the date of the written advice. The student may be given an extension of time to appeal by the Head of Campus.

Can I appeal the finding ?

A student can appeal to the General Misconduct Appeals Committee against:

a finding of misconduct; and/or
a penalty imposed upon him or her; and/or
the severity of the penalty imposed.

The appeal must be lodged in writing with the Secretary within twenty-one days of the date of notification of the decision unless granted an extension of time by the Secretary.

Details on how to apply are found in the Student General Misconduct Rule. Follow the links to the Student General Misconduct Rule.

A General Misconduct Appeals Committee shall do one of the following:

uphold the decision by the Head of Campus; or
vary the penalty imposed by the Head of Campus in any way; or
quash the decision of the Head of Campus.

The decision of a General Misconduct Appeals Committee shall be final.