A hearing is a review of the evidence, including any response or statements from a student, to inform the outcome of investigating a student misconduct allegation.
The appointed officer or student misconduct committee will make findings of fact based on any relevant evidence.
Preparing for a hearing
If you elect to attend a hearing, you will have an opportunity to give your version of what happened. You should:
The hearing can involve just one person, the Appointed Officer or a Committee. The procedures used at student misconduct hearings are not as formal as those used in courts, but they are designed to ensure procedural fairness and natural justice. Student Misconduct Committees usually consist of three people. How the Committees are formed is set out in the Student Misconduct Rule 2020. All of the committee members and the Appointed Officers are required to be impartial.
Student Misconduct Committees and Appointed Officers are not bound by the standard rules of evidence that apply in court proceedings. The standard of proof used is not the criminal standard of "beyond reasonable doubt". The applicable standard is the civil "balance of probabilities" standard.
At the hearing, all evidence (including any evidence you put forward either in person or by written submission) will be considered. The Committee or Appointed Officer may ask you questions to clarify the information they already have or to seek further information.
At Charles Sturt, misconduct hearings are most often held via video conference.
All interviews and hearings will be conducted and treated as confidential. Only those who are involved in managing the process will have access to this information.
However, if a finding of misconduct is made and a sanction imposed, other staff may need to know the outcome to implement it (for example, staff in your School). Therefore, any information shared is high-level only, and details will not be provided.
In some cases, the University also has a legal duty to notify law enforcement agencies or government agencies about misconduct.
You will be informed of the outcome from your hearing in a report that sets out the full details, findings, including reasons for these findings and lists any penalties imposed.
If the allegation against you is not sustained, then there will be no further action taken. The University will take reasonable steps to ensure you are not disadvantaged in any way.