University Secretary's Department Statutes and Regulation

Statute 11.2 - Exclusion for Health Reasons

 

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Exclusion from enrolment or re-enrolment

11.2.1
  1. If an appropriate faculty is of the opinion that an applicant for enrolment or re-enrolment in a course or subject is suffering from-
    1. a condition which makes the person unfit to pursue or study the course or subject;
    2. a disability which, because of the requirements of the course, might physically endanger the person or any other persons; or
    3. an illness or psychiatric condition which causes or, in the opinion of the appropriate faculty, might cause-
      1. the applicant to harass to a significant extent any student or member of staff of the University;
      2. severe emotional disturbance to any student or member of staff of the University; or
      3. the applicant to disrupt the provision of academic or general services to any student or member of staff of the University;
      4. the applicant is to be accepted for enrolment or re-enrolment only on the recommendation of a board of assessors appointed by the provost in accordance with section 11.2.6, after consultation with the dean of the appropriate faculty and the president of the Board.
  2. A person is not to be excluded from enrolment or re-enrolment under this section unless, after considering the recommendation of the board of assessors, the appropriate faculty is satisfied that-
    1. by reason of the condition or disability, the person requires special services or facilities that in the circumstances of the case cannot reasonably be made available and without those services or facilities would not be able to participate or continue to participate in the course or be reasonably likely to derive or continue to derive substantial benefit from the course;
    2. for any other reason the person is or has become unable to benefit substantially from the course;
    3. by reason of the disability there would, if the person participated in the course, be an unreasonable risk that the person would injure others or a substantial risk that the person would suffer injury; or
    4. the illness or psychiatric condition might cause-
      1. the person to harass to a significant extent any student or member of staff of the University;
      2. severe emotional disturbance to any student or member of staff of the University; or
      3. the person to disrupt the provision of academic or general services to any student or member of staff of the University

Cancellation of a student’s enrolment

11.2.2
  1. If the appropriate faculty considers that a student is suffering from a condition or disability of a kind referred to in sub-section 11.2.1(1), that faculty shall forthwith report the circumstances to the Board and to the provost.
  2. On receiving a report under section 11.2.2(1) and after consulting the dean of the appropriate faculty and the president of the Board, the provost is to appoint a board of assessors in accordance with section 11.2.6 to investigate the condition or disability of the student and to report to the Board.
  3. On receiving a report from a board of assessors the Board may, subject to section 11.2.2(4), cancel a student's enrolment or permit the student to continue the course subject to any conditions it thinks fit.
  4. The provisions of section 11.2.1, the necessary changes being made, apply before the Board cancels a student's enrolment or imposes any conditions on a student under this section.

Suspension of enrolment

11.2.3
  1. Notwithstanding section 11.2.2, the provost may request the vice-chancellor to suspend a student's enrolment immediately upon receiving a report from the appropriate faculty under section 11.2.2(1) if the provost considers, in the circumstances of the case, that suspension is necessary.
  2. Suspension by the vice-chancellor continues until the Board cancels the student's enrolment or permits the student to continue the course, as the case may be, under section 11.2.2(3).

Exclusion from the University

11.2.4
  1. The Board may exclude from any part of the University any student suffering from a disease notifiable under the Health Act 1958.
  2. An order by the Board under section 11.2.4(1) excluding a student from the University remains effective until the Board is satisfied that the student has complied with all conditions prescribed by law in relation to the notifiable disease.

Repayment of fees

11.2.5
  1. If a student, whose enrolment has been cancelled, or who has been excluded under this statute, has already paid fees to the University, the Board must recommend to Council whether the fees or any part of the fees should be repaid to the student.

Composition of boards of assessors

11.2.6
  1. Subject to section 11.2.6(2), a board of assessors must, whenever practicable, include-
    1. a person who has special knowledge of the condition or disability suffered by the person concerned; and
    2. any other persons the provost thinks fit
  2. A board of assessors is not to include-
    1. a person who has treated the person concerned for the condition or disability in question;
    2. a person who has given advice to the person concerned in relation to the condition or disability in question;
    3. the dean of the appropriate faculty; or
    4. the head of the appropriate department.

Conduct of investigations by board of assessors

11.2.7
  1. A board of assessors appointed under this statute must-
    1. give the person concerned or his or her representative an opportunity to make submissions orally or in writing;
    2. consider any medical certificate or other evidence submitted by the person concerned; and
    3. after taking into account the matters specified in sub-section 11.2.1(2) make a recommendation in relation to the enrolment or re-enrolment of the person concerned.
  2. Before making a recommendation under section 11.2.7(1)(c) a board of assessors may-
    1. make any enquiries and consult any person it considers necessary; and
    2. require the person concerned to undergo a medical examination, at the expense of the University, by a person or persons nominated by the board of assessors.

Breach of conditions by student

11.2.8
  1. Any student, whose enrolment, re-enrolment or continuation in a course is made subject to a condition imposed by the Board under this statute, may, after being given an opportunity to make submissions, be excluded from the course if he or she breaches the condition.
  2. Exclusion of a student from a course under this section is not to be regarded as a penalty under Chapter 13 of these statutes
11.2.9

  1. In this section-
    “Statute 11.3 decision” means a direction of the provost under section 11.3.3(1) of Statute 11.3 or a decision of an admission review committee under section 11.3.5(4) of Statute 11.3;

    “Statute 11.2 decision” means–
    1. a recommendation of the board of assessors under section 11.2.1(1);
    2. a decision of the appropriate faculty under section 11.2.1(2);
    3. a decision of the Board under sections 11.2.2(3) or 11.2.4(1).

  2. The provisions of this statute are not intended to limit the operation of Statute 11.3.
    Where there is an inconsistency between a Statute 11.3 decision and a Statute 11.2

    decision, the Statute 11.3 decision shall prevail to the extent of the inconsistency.

 

[Enacted by Council 12/7/10 – Approved by the Minister 27/9/10 – Effective 1/1/11;]
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