Statute 13.1 - Student Discipline

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PART A GENERAL

13.1.1 Interpretation

1. In this statute, unless the contrary intention appears-

"academic misconduct" includes, but is not limited to, cheating, plagiarism and any other conduct by which a student seeks to gain for himself or herself, or for any other person, any academic advantage or advancement to which he or she or that other person is not entitled and includes any conduct which constitutes a breach of the regulations relating to assessment made under statute 12.2.10

"affiliated educational establishment"means an educational establishment affiliated with the University where such educational establishment constitutes a school or department of the University and includes, but is not limited to the Melbourne Business School.

"Bio21 Institute"means the Bio21 Molecular Science and Biotechnology Institute.

"computing and network facilities"includes, but is not limited to, computers, computer systems, email and other communications networks and information facilities together with associated software, files and data storage and retrieval.

"dean"includes the director of the Melbourne Business School .

"exclusion", except where the context indicates otherwise, means denial of access to all or specified University premises, facilities, activities, subjects, lectures, tutorials or incidents of University life and ‘exclude’ has a corresponding meaning.

"general misconduct" includes, but is not limited to, conduct or behaviour by a student which-

1. is lewd or obscene;
2. unreasonably impairs the ability of any person to participate in any activity of University life sanctioned by the University;
3. unreasonably prevents or attempts to prevent any person authorised by the University from speaking at any lecture, class, tutorial, seminar or other academic activity, or any political, cultural, social or similar gathering;
4. disrupts the orderly conduct of any teaching activity or practical work forming part of a course, subject or group of subjects at or offered by the University;
5. causes any person on or in the immediate vicinity of any University premises to hold reasonable fears for his or her safety or physical or psychological well-being;
6. causes any person on or in the immediate vicinity of any University premises on reasonable grounds to feel intimidated, threatened or in fear of being attacked;
7. causes or contributes to a breach of any provision of an Act, regulation, subordinate instrument or code of practice or conduct applying to the University or to which staff or students of the University are subject;
8. breaches any of the University’s statutes or regulations;
9. breaches the University's sexual harassment policy as in force from time to time (provided that the vice-chancellor has determined pursuant to paragraph 6(d) of clause 3 of the Procedures to Resolve Concerns and Complaints About Sexual Harassment, that it is appropriate for the complaint to be dealt with under this statute);
10. breaches or fails to comply with any rule or request made or order or direction given pursuant to a power conferred under any of the University’s statutes, regulations, policies or procedures;
11. interferes with, or causes damage to, or loss of, any property or facilities owned or controlled by the University or owned or controlled by any person whilst such property or facilities are lawfully on any University premises;
12. constitutes a failure to comply with any reasonable request, direction or order given to the student by a senior member of the academic staff or a senior member of the general staff for the purpose of ensuring the safety of any person, the preservation of any property, the maintenance of good order or for the purposes of this statute or any other University statute, regulation, policy or procedure;
13. constitutes a failure to comply with any request by a senior officer to supply his or her name, address and student card or other evidence of identity which request may be made only if the senior officer believes on reasonable grounds that the student has committed or is about to commit general or academic misconduct;
14. involves the impersonation or taking part in the impersonation of another person or the use of forged, false, falsified or incomplete evidence of academic standing or immigration status or any other relevant matter in order to gain or maintain enrolment;
15. involves concealing, misrepresenting or withholding, the whole or part of a student's academic record, or submitting incorrect or misleading details of his or her academic record or immigration papers or any other relevant matter, or relying on the academic record or immigration papers or any other material of another person or persons, in order to gain or maintain enrolment;
16. encourages, persuades or incites any other person to engage in conduct or behaviour constituting general misconduct.

"premises" means land and/or buildings.

"senior member of the academic staff" means a member of staff of the rank of senior lecturer or above.

"senior member of the general staff" means a member of staff appointed at or above Level 10 of the Higher Education Workers Victoria (Interim) Award 1993 or, if that award or category ceases or has ceased to apply, the category of general staff which is most comparable to that category.

"senior officer"

1. means -
   
   1. the vice-chancellor;
   2. a deputy vice-chancellor;
   3. a dean;
   4. a vice-principal;
   5. a deputy-principal;
   6. the academic registrar;
   7. a head of an academic department;
   8. a head of an administrative department;
   9. a person who exercises the responsibilities of head of a non-Parkville campus;
   10. any other person the vice-chancellor may from time to time designate as a senior officer for the purposes of this statute;
   11. the general manager of MUSUL;
   12. the principal of Medley Hall of Residence;
   13. the warden of International House;
   14. the director of the Sport and Physical Recreation Centre;
   15. the director of the Centre for Indigenous Education;
   16. the director of the Bio21 Institute;
   17. any person to whom the vice-chancellor, a dean, the vice-principal,(information) or the academic registrar has delegated any functions pursuant to section 13.1.2.
       
2. The vice-chancellor may in his or her complete discretion, for the purposes of this statute, designate a person who is external to the University as a senior officer pursuant to paragraph (a)(x) of this definition.

"student"includes-

1. a person who is enrolled in a course, a subject or a group of subjects at or offered by the University;
2. a person who is enrolled in a course, subject or group of subjects at or offered by an affiliated educational establishment which is approved as an award course, subject or group of subjects by the Board;
3. a student of another university or higher education institution who is granted temporary or on-going rights of access to University premises and facilities;
4. a person who was a student at the time of any alleged general misconduct or academic misconduct;
5. a person who became a student after having allegedly committed general misconduct of the kind described in paragraphs paragraphs (n) and (o) of the definition of "general misconduct";
6. a person who has consented in writing to be subject to this statute;
7. a person who was at the time of any alleged general misconduct or academic misconduct a member of a class of persons designated pursuant to section 3(2)(c) of the Act or pursuant to any other statute to be a student;
8. a person who is on leave of absence from or who has deferred enrolment in a course, subject or group of subjects at or offered by the University or by an affiliated establishment which is approved as an award course, subject or group of subjects by the Board.

"subject" includes a subject offered on an assessed or a non-assessed basis.

"suspension" means the termination of a student's enrolment at the University for a specified period and"suspend" has a corresponding meaning.

"termination" means permanent termination of a student's enrolment at the University.

"University"includes any affiliated educational establishment.

"University premises" includes -

1. any premises owned or occupied by the University;
2. any premises on which research, workshops, camps, field placements, examinations and any other study activities controlled or supervised by the University are carried out;
3. any premises on which clinical, professional, practical work or vocational placements forming part of a course or subject offered by the University take place; and
4. any other premises deemed to be University premises by the Council.

"University service work"means work that is approved by the academic registrar for the purposes of this statute.

13.1.2 Delegation

1. Without in any way limiting the vice-chancellor's powers under section 15(2)(d) of the Act, the vice-chancellor may delegate any of his or her functions or powers under this statute, other than this power of delegation, to-
   
   1. a deputy vice-chancellor;
   2. a senior member of the academic staff;
   3. a senior member of the general staff; and
   4. in the case of University premises other than the Parkville campus, the person who exercises the responsibilities of head of those premises.
      
2. A dean may delegate any of his or her functions or powers under this statute, other than the power of delegation, to-
   
   1. a senior staff member of the academic staff;
   2. a senior member of the general staff; and
   3. in the case of University premises other than the Parkville campus, the person who exercises the responsibilities of head of those premises.
      
3. The academic registrar may delegate any of his or her functions or powers under this statute, other than this power of delegation and the powers pursuant to section 13.1.3(4), to such senior member of the general staff as the vice-chancellor may from time to time approve in writing.
   
4. The vice-principal (information) may delegate any of his or her functions or powers under this statute, other than this power of delegation, to such senior member of the general staff as the vice-chancellor may from time to time approve in writing.
   
5. Any delegation under this section must be in writing.
   
6. The vice-chancellor, a dean, the vice-principal (information) or the academic registrar may delegate any of his or her functions or powers under this section to any one or more of the above persons.

13.1.3 General

1. Any notice to a student for the purposes of this statute is sufficient if it is in writing and is -
   
   1. given to the student in person;
   2. posted by registered post to the student at the address shown on the student's enrolment record as his or her postal address on the date of posting;
   3. delivered by courier to the address shown on the student's enrolment record as his or her address on the day of delivery; or
   4. sent in any other form or method approved from time to time by the Board for the purposes of bringing a notice to the attention of the student.
      
2. A notice is deemed to have been received-
   
   1. if sent by registered post to an address within Australia, on the third working day after it was sent;
   2. if sent by registered post to an address outside Australia, on the seventh working day after it was sent;
   3. if delivered by courier, on the date recorded in the courier's records as the date of delivery;
   4. if sent in any other form or method approved from time to time by the Board, on such date as the Board prescribes as the date of deemed receipt of that notice.
      
3. A copy of any notice sent pursuant to sub-section (1)(d) must be retained by the University in such form as the Board may prescribe.
   
4. The vice-chancellor or the academic registrar may in his or her discretion extend any of the time limits or times prescribed for the taking of any actions or steps referred to in this statute for such period and on such terms, if any, as he or she considers appropriate.
   
5. A person or committee exercising any power or carrying out any function under this statute may use such administrative and professional assistance and support as is reasonable to facilitate the exercise of such powers or functions.

PART B GENERAL MISCONDUCT

13.1.4 [Deleted September 2006]

13.1.5 Senior Officers May Investigate Allegations of General Misconduct

1. A senior officer, in his or her discretion, may decide to investigate an allegation of general misconduct against a student, which is brought to his or her attention.
   
2. A senior officer, if satisfied that it is more appropriate for an allegation of general misconduct to be investigated by another senior officer, may refer the matter immediately to that other senior officer.
   
3. Except where an allegation of general misconduct has been referred under sub section (2):
   
   1. the general manager of MUSUL may only investigate allegations of general misconduct occurring in or in the vicinity of MUSUL premises;
   2. the principal of Medley Hall of Residence may only investigate allegations of general misconduct occurring in or in the vicinity of the Medley Hall of Residence;
   3. the warden of International House may only investigate allegations of general misconduct occurring in or in the vicinity of International House;
   4. the director of the Sport and Physical Recreation Centre may only investigate allegations of general misconduct occurring in or in the vicinity of the facilities administered by the Sport and Physical Recreation Centre;
   5. the director of the Centre for Indigenous Education may only investigate allegations of general misconduct occurring in or in the vicinity of the Centre for Indigenous Education;
   6. the director of the Bio21 Institute may only investigate allegations of general misconduct occurring in or in the vicinity of the Bio21 Institute.

1. If a senior officer decides to investigate an allegation of general misconduct against a student, the senior officer must, within twenty-eight days of the allegation being brought to his or her attention, provide a written notice to the student (in this Part called " the allegation notice"):
   
   1. setting out the alleged general misconduct;
   2. offering the student an opportunity-
      1. to provide in writing an explanation or submission or evidence in response to the allegation; and /or
      2. to be heard in relation to it;
   3. naming the senior officer (who will ordinarily be the person providing the allegation notice to the student) in charge of investigating the allegation;
   4. referring the student to the provisions of this statute; and
   5. advising the student of the provisions of sub-section (2).
      
2. lf the student wishes to take up any of the opportunities set out in the allegation notice, the student must notify the senior officer named in the allegation notice in writing accordingly within ten days after receipt or deemed receipt of the allegation notice. If no notice requiring a hearing is given by the student, the senior officer may proceed to deal with the allegation, including the conduct of a hearing, in the absence of the student.
   
3. If the student gives the notice referred to in sub-section (2), the senior officer must give the student the opportunity nominated in his or her notice. If the student requires a hearing, the senior officer must convene a hearing within twenty-one days of receipt or deemed receipt of that notice. The student must be given at least seven days notice of the time and place of the hearing.
   
4. The student and the senior officer may agree in writing at any time to extend the time limits referred to in this section or to reschedule the date, time and place for a hearing.
   
5. A hearing under this section may be conducted by the senior officer named in the allegation notice or another senior officer nominated by the vice-chancellor (in this Part called "the hearing officer").
   
6. The student may, no later than twenty-four hours before the commencement of a hearing under this section, notify the senior officer named on the applicable allegation notice that he or she wishes to have a specified person present at the hearing (in this Part called the "support person") to assist the student in presentation of his or her case. The support person may not be-
   1. a person who was involved in, associated with, or alleged to have been involved in or associated with, the general misconduct alleged in the allegation notice; or
   2. a qualified legal practitioner unless permitted by the hearing officer.
      
7. In conducting a hearing under this section, the hearing officer-
   
   1. may follow any procedure he or she considers to be appropriate;
   2. is not bound by the rules of evidence or other technicalities or legal forms, and may inform himself or herself in relation to any matter in any manner he or she thinks fit;
   3. must act fairly in all the circumstances, having regard to the requirements of natural justice;
   4. must, unless the matter is dealt with in the absence of the student, inform the student of the evidence that the hearing officer intends to take into account in making the decision and give the student a reasonable opportunity to present the student's case and to respond to any relevant evidence or allegations orally or in writing; and
   5. must allow the student to be accompanied by a support person nominated in accordance with sub-section (6).
      
8. The hearing officer may, as the case requires, adjourn and reconvene any hearing.
   
9. The support person accompanying the student in a hearing under this section has no right to be heard at the hearing, except with permission of the hearing officer, and may be excluded by the hearing officer if he or she disrupts or unreasonably impairs the conduct of the hearing.
   
10. The hearing officer must either dismiss or uphold each allegation of general misconduct. The hearing officer must dismiss an allegation of general misconduct unless satisfied, that the allegation of general misconduct, has been proved. Where a hearing officer upholds an allegation of general misconduct, he or she may impose a penalty on the student in accordance with section 13.1.7.
    
11. Within three working days of any decision being made under sub-section (10)-
    
    1. the student must be provided with written notice of-
       
       1. the terms of the decision;
       2. any penalty imposed; and
       3. the right to appeal under Part D; and
          
    2. the academic registrar must be provided with a copy of the notice

13.1.8 Emergency Power to Exclude and Suspend

1. Notwithstanding any other provision of this statute:
   
   1. the vice-chancellor may in his or her discretion immediately exclude and/or suspend a student for such period and on such terms and conditions as he or she considers necessary;
   2. the head of an affiliated educational establishment may in his or her discretion immediately exclude a student from all or specified premises or facilities of that establishment, or all or any activities, subjects, lectures, tutorials or incidents of University life carried out or conducted at or in any part of those premises or facilities on such terms and conditions as he or she considers necessary.
      
2. The powers conferred by sub-section (1) may not be exercised unless the vice-chancellor or the head of an affiliated educational establishment (as the case requires) has determined that the student has acted or behaved or is acting or behaving in a way which involves or might involve a risk of-
   
   1. injury to the student or to any other person;
   2. serious damage to property; or
   3. serious disruption of any activity sanctioned by the University or affiliated educational establishment (as the case requires).
      
3. A decision to exclude and/or suspend a student under this section may be made summarily by the vice-chancellor or a head of the affiliated educational establishment. The vice-chancellor or head of the affiliated educational establishment (as the case requires)-
   
   1. is not required to accord a hearing to the student before making a decision under this section; and
   2. may inform himself or herself in relation to any matter in any manner he or she thinks fit.
      
4. Where the vice-chancellor or the head of an affiliated educational establishment decides to exclude and/or suspend a student under this section, he or she must, within twenty-four hours, provide a written notice to the student-
   
   1. setting out the terms of the decision;
   2. setting out in summary form the reason for the decision;
   3. advising the student of the provisions of this section; and
   4. referring the student to the provisions of this statute.
      
5. A decision to exclude and/or suspend a student under this section takes effect immediately. A student must comply with such a decision.
   
6. Where the vice-chancellor or a head of an affiliated educational establishment decides to exclude and/or suspend a student under this section, he or she must, as soon as practicable, nominate a senior officer to investigate the matter expeditiously. That senior officer must investigate the matter afresh and treat the matter as an allegation of general misconduct, which has been brought to his or her attention in accordance with section 13.1.5.
   
7. The vice-chancellor or the head of an affiliated educational establishment (as the case requires) may at any time revoke or vary a decision to exclude and/or suspend a student under this section.
   
8. A decision to exclude and/or suspend a student under this section continues to operate unless or until-
   1. it is revoked or varied by the vice-chancellor or the head of an affiliated educational establishment (as the case requires);
   2. the alleged general misconduct has been dismissed under section 13.1.6(10);
   3. the alleged general misconduct has been upheld under section 13.1.6(10) and any penalty imposed in accordance with section 13.1.7; or
   4. it expires in accordance with its terms.
      
9. Where the vice-chancellor decides to exclude and/or suspend a student under section13.1.8 he or she must provide a report to the next meeting of Council setting out in summary form the terms of and the reason for the decision.

13.1.9 University Service Work

1. A hearing officer and a student may agree that a penalty or any part of a penalty imposed or to be imposed under section 13.1.7(1)(a) or section 13.1.7(5)(a) or (c) will not apply or be enforced if the student fully and satisfactorily performs a specified number of hours of University service work on a voluntary basis. The number of hours specified for the purposes of this sub-section must not exceed ten.
   
2. The vice-chancellor and a student may agree that a penalty or any part of a penalty imposed or to be imposed under section 13.1.7(2) will not apply or be enforced if the student fully and satisfactorily performs a specified number of hours of University service work on a voluntary basis. The number of hours specified for the purposes of this sub-section must not exceed thirty.
   
3. An agreement under sub-section (1) or sub-section (2)-
   
   1. must be known as a "University service work agreement";
   2. must be in writing;
   3. must specify-
      1. the number of hours of University service work the student has agreed to perform;
      2. the nature of the University service work the student has agreed to perform; and
      3. the penalty or part of a penalty which will not be applied or enforced if the student fully and satisfactorily performs the specified University service work (in this section called the "specified penalty").
4. No student-
   
   1. is required to enter into a University service work agreement; or
   2. is entitled to be offered a University service work agreement.
      
5. Within three working days of a University service work agreement being reached, a copy must be provided to the student and the academic registrar.
   
6. If a student performs the whole of the University service work required by a University service work agreement to the reasonable satisfaction of the hearing officer or the vice-chancellor (as the case requires), the specified penalty must be considered fully discharged and may not be applied or enforced.
   
7. If a student fails to perform the whole of the University service work required by a University service work agreement to the reasonable satisfaction of the hearing officer or the vice-chancellor (as the case requires), the specified penalty must not be considered discharged and may be applied or enforced in the discretion of the hearing officer or the vice-chancellor (as the case requires).
   
8. A student who has entered into a University service work agreement may not appeal from a decision or penalty referred to in the University service work agreement.

PART C ACADEMIC MISCONDUCT

13.1.10 Investigation of Allegations of Academic Misconduct

1. In this Part, the "relevant dean" means-
   
   1. where an allegation of academic misconduct relates to a course, subject or group of subjects pertaining to a faculty, the dean of that faculty;
   2. where an allegation of academic misconduct relates to the degree of Doctor of Philosophy or any other course administered by the School of Graduate Studies, the dean of the School of Graduate Studies;
   3. where an allegation of academic misconduct relates to a course, subject or group of subjects offered at an affiliated educational establishment, the director or dean of that affiliated educational establishment; and
   4. where an allegation of academic misconduct relates to any other course, subject or group of subjects, the dean or other person determined by the academic registrar to be the relevant dean.
      
2. For the purposes of this section an affiliated educational establishment must be regarded as a faculty of the University.
   
3. If the relevant dean, in his or her discretion, decides that an allegation of academic misconduct, which is brought to his or her attention, should be investigated, the relevant dean must refer the allegation to a committee (in this Part called a "Committee") for determination in accordance with the provisions of this Part.
   
4. Where the relevant dean has delegated authority under section 13.1.2 (2) to another person that person must notify the relevant dean of every allegation of academic misconduct brought to his or her attention and of the decision he or she has made in relation to it.
   
5. If the relevant dean decides to refer an allegation of academic misconduct against a student for determination by a Committee, the relevant dean must, within fourteen days of the allegation being brought to his or her attention-
   
   1. establish a Committee; and
   2. provide a written notice to the student (in this Part called "the allegation notice")-
      
      1. setting out the alleged academic misconduct;
      2. attaching copies of any documents of which the relevant dean is aware relating to the alleged academic misconduct;
      3. offering the student an opportunity-
         
         1. to provide in writing an explanation or submission or evidence in response to the allegation; and/or
         2. to be heard in relation to it;
            
      4. naming the chair of the Committee;
      5. referring the student to the provisions of this statute; and
      6. advising the student of the provisions of sub-section (7).
6. Subject to the over-riding discretion of the president of the Board to determine or vary the composition of a Committee at any time, the composition of the Committee must be as follows-
   
   1. where the student is enrolled in a course, subject or group of subjects pertaining to a faculty: the relevant dean (who must chair the Committee), one senior member of the academic staff of the faculty nominated by the dean, and-
      
      1. if the student is a graduate student, one student representative of UMPA nominated by the president of UMPA;
      2. if the student is an undergraduate student enrolled at an affiliated educational establishment, the president or one student representative nominated by the president of the student union pertaining to the affiliated educational establishment;
      3. in all other cases, one student representative nominated by a student society in the faculty or, where there is no student society, a student member of the faculty nominated by the president ofUMSU;
         
   2. where the student is enrolled in a course, subject, group of subjects or programme administered by the School of Graduate Studies, the dean of the School of Graduate Studies (who must chair the Committee), one senior member of the academic staff nominated by the president of the Board, and one student representative of UMPA nominated by the president of UMPA; and
      
   3. in all other cases, the relevant dean (who must chair the Committee) and two other persons nominated by the president of the Board.
      
7. If the student wishes to take up any of the opportunities set out in the allegation notice the student must notify the chair of the Committee in writing accordingly within ten days after receipt or deemed receipt of the allegation notice. If no notice requiring a hearing is given by the student, the Committee may proceed to deal with the allegation, including the conduct of a hearing, in the absence of the student.
   
8. If the student gives the notice referred to in sub-section (7), the chair of the Committee must convene a meeting of the Committee to determine the allegation of academic misconduct within twenty-one days after receipt or deemed receipt of the allegation notice by the student. The Committee must give the student the opportunity nominated in his or her notice. If the student requires a hearing, he or she must be given at least seven days notice of the time and place of the Committee meeting.
   
9. The student and the chair of the Committee may agree in writing at any time to extend the time limits referred to in this section or to reschedule the date, time and place for any meeting of the Committee. The chair of the Committee may, as the case requires, adjourn and reconvene any meeting of the Committee.
   
10. The student may, no later than twenty-four hours before the commencement of a meeting of the Committee, notify the chair of the Committee that he or she wishes to have a specified person present at the meeting (in this Part called the "support person") to assist the student in presentation of his or her case. The support person may not be-
    
    1. a person who was involved in, associated with, or alleged to have been involved in or associated with the academic misconduct alleged in the allegation notice; or
    2. a qualified legal practitioner unless permitted by the chair of the Committee.
       
11. In determining an allegation of academic misconduct under this section, the Committee-
    
    1. may follow any procedure it considers appropriate;
    2. is not bound by the rules of evidence or other technicalities or legal forms, and may inform itself in relation to any matter in any manner it thinks fit;
    3. must act fairly in all the circumstances, having regard to the requirements of natural justice;
    4. must, unless the matter is dealt with in the absence of the student, inform the student of the evidence it intends to take into account in making its decision and give the student the opportunity to present the student's case and to respond to any relevant evidence or allegations orally and/or in writing; and
    5. must allow the student to be accompanied by a support person nominated in accordance with sub-section (10).
       
12. The support person accompanying the student in a Committee meeting under this section has no right to be heard, except with the permission of the chair of the Committee, and may be excluded from the meeting by the chair of the Committee if he or she disrupts or unreasonably impairs the conduct of the meeting.
    
13. The Committee must either dismiss or uphold each allegation of academic misconduct. The Committee must dismiss an allegation of academic misconduct unless a majority of the members of the Committee is satisfied that the allegation of academic misconduct, has been proved. Where the Committee upholds an allegation of academic misconduct, it may impose a penalty on the student in accordance with section 13.1.11.
    
14. Within three working days of any decision being made under sub-section (13)-
    
    1. the student must be provided with written notice of-
       
       1. the terms of the decision;
       2. any penalty imposed or recommended; and
       3. the right to appeal under Part D; and
          
    2. the academic registrar must be provided with a copy of the notice.

1. Where the Committee upholds an allegation of academic misconduct against the student under section 13.1.10, it may do one or more of the following things in respect of each act of academic misconduct-
   
   1. reprimand the student;
   2. deprive the student of credit for the subject or for the component of assessment of the subject to which the academic misconduct relates or is related;
   3. prohibit the student from using any of the University's library and computing and network facilities for a period not exceeding twenty-eight days either absolutely or on such terms and conditions as the Committee considers necessary or appropriate;
   4. recommend to the vice-chancellor that the student's enrolment be suspended for any period and on such terms and conditions as the Committee considers necessary or appropriate.
   5. recommend to the vice-chancellor that the student's enrolment be terminated.
      
2. Where a matter has been referred by a Committee to the vice-chancellor under paragraph (1)(d) or (1)(e), the vice-chancellor must have regard to the terms of the decision and the recommendation made by the Committee. The vice-chancellor is not required to accord a hearing to the student. The vice-chancellor may-
   
   1. accept the recommendation and terminate or suspend the student's enrolment (as the case requires);
   2. if the Committee recommended that the student's enrolment be terminated, suspend the student's enrolment for such period and on such terms and conditions as the vice-chancellor considers necessary or appropriate;
   3. if the Committee recommended that the student's enrolment be suspended, suspend the student's enrolment for a shorter period than that recommended by the Committee and/or on such terms and conditions as the vice-chancellor considers necessary or appropriate, being terms and conditions which in the vice-chancellor's opinion are less onerous than those recommended by the Committee; or
   4. refer the matter back to the Committee with a recommendation that it impose one or more of the penalties referred to in paragraphs (1)(a), (b) or (c).
      
3. Where a matter is referred back to a Committee under paragraph (2)(d), the Committee must consider the recommendation made by the vice-chancellor and may impose one or more of the penalties referred to in paragraphs (1)(a), (b) or (c).

PART D APPEALS

13.1.12 Appeals against Findings of or Penalties for General Misconduct

1. The student may appeal under this section against-
   
   1. a decision under section 13.1.6(10) upholding an allegation of general misconduct against the student; and/or
   2. a penalty imposed on the student under section 13.1.7.
      
2. The only grounds on which the student may appeal under this section are that-
   
   1. there was failure to comply with procedural fairness by reason of which the student has not received a fair hearing in all the circumstances.;
   2. there is evidence relating to an allegation of general misconduct that was not reasonably ascertainable by the student at or prior to the hearing and that would probably have affected the decision or any penalty imposed under section 13.1.7;
   3. the decision under section 13.1.6(10) was manifestly wrong; or
   4. the penalty imposed under section 13.1.7 was manifestly excessive, inappropriate or not available in the circumstances.
      
3. An appeal under this section may only be commenced by the student lodging a written notice of appeal with the university secretary within fourteen days of the day on which the student received or is deemed to have received the notice referred to in section 13.1.6(11)(a) or becomes aware of the evidence referred to in section 13.1.12(2)(b) or, in special circumstances, such longer time as the university secretary allows in his or her discretion.
   
4. Where the university secretary extends, or refuses to extend, the time for 1odging notice of appeal he or she must notify the student and the academic registrar in writing of the extended date, or of his or her decision to refuse the student's application for extended time, within five working days of receipt of the student's application.
   
5. A notice of appeal must set out the grounds of appeal and any evidence on which the student proposes to rely.
   
6. Within fourteen days of receiving a notice of appeal, the university secretary must establish a committee to hear and determine the appeal (in this Part called an "Appeal Committee").
   
7. Subject to section 13.1.12(8) and to the over-riding discretion of the vice-chancellor to determine or vary the composition of an Appeal Committee at any time prior to the commencement of the hearing of the appeal, the composition of the Appeal Committee must be as follows-
   
   1. The Appeal Committee must consist of three persons.
   2. Two members of the Appeal Committee must be drawn from a panel consisting of the deans, the heads of departments, the vice principals, the deputy principals, the deputy vice-chancellors and the professors of the faculty of Law The university secretary must appoint one of those members to chair the Appeal Committee.
   3. The third member of the Appeal Committee member must be-
      
      1. if the student is a graduate student, the president of UMPA or a student nominated by the president of UMPA;
      2. in all other cases, the president of UMSU or a student nominated by the president of UMSU.
8. A person who has been in any way involved in, associated with, or alleged to have been involved in or associated with the alleged general misconduct or its investigation, the decision under appeal or the penalty imposed, may not be a member of the Appeal Committee.
   
9. The chair of the Appeal Committee must convene a hearing of the Appeal Committee to determine the appeal within twenty-one days after receiving the notice of appeal. The student must be given at least seven days notice of the time and place of the Appeal Committee meeting and the name of the chair of the meeting.
   
10. The student and the chair of the Appeal Committee may agree in writing at any time to extend the time limits referred to in this section or to reschedule the date, time and place for any hearing of the Appeal Committee.
    
11. The chair of the Appeal Committee may, as the case requires, adjourn and reconvene any meeting of the Appeal Committee.
    
12. The student may, no later than twenty-four hours before the commencement of a meeting of the Appeal Committee, notify the chair of the Appeal Committee that he or she wishes to have a specified person present at the hearing (in this section called the "support person") to assist the student in presentation of his or her case. The support person may not be a person who was involved in, associated with, or alleged to have been involved in or associated with the alleged general misconduct.
    
13. In determining any appeal under this section, the Appeal Committee-
    1. may follow any procedure it considers appropriate;
    2. is not bound by the rules of evidence or other technicalities or legal forms, and may inform itself in relation to any matter in any manner it thinks fit;
    3. must act fairly in all the circumstances, having regard to the requirements of natural justice;
    4. must give the student the opportunity to present material and submissions in support of the appeal and to respond to any other material relating to the appeal;
    5. must consider any material presented or made available pursuant to paragraph (d) hereof; and
    6. must allow the student to be accompanied by a support person nominated in accordance with sub-section (12).
       
14. The support person accompanying the student in an Appeal Committee meeting, under this section, may act as an advocate on the student's behalf, with the permission of the chair of the Appeal Committee, which must not be unreasonably withheld, and the student. The chair of the Appeal Committee may exclude the support person from the hearing if he or she disrupts or unreasonably impairs the conduct of the hearing.
    
15. The Appeal Committee must either dismiss or allow the appeal in whole or in part. The Appeal Committee must dismiss the appeal unless a majority of the members of the Appeal Committee is satisfied, that a ground of appeal has been established.
    
16. If the Appeal Committee dismisses the whole or any part of an appeal, it must confirm, set aside or vary any penalty imposed, or substitute another penalty, but must not-
    
    1. increase the period of any suspension imposed under section 13.1.7(2)(e); or
    2. impose any penalty which, in the opinion of the Appeal Committee, is more onerous than the penalty imposed on the student under section 13.1.7.
       
17. Within three working days of any decision by the Appeal Committee under this section-
    
    1. the student must be provided with written notice of the terms of the decision and any penalty imposed; and
    2. the academic registrar must be provided with a copy of the notice.

13.1.13 Appeals against Findings of or Penalties for Academic Misconduct

1. A student may appeal under this section against-
   
   1. a decision under section 13.1.10(13) upholding an allegation of academic misconduct against the student; and/or
   2. a penalty imposed on the student under section 13.1.11.
      
2. The only grounds on which a student may appeal under this section are that-
   
   1. there was failure to comply with procedural fairness by reason of which the student has not received a fair hearing in all the circumstances.;
   2. there is evidence relating to an allegation of general misconduct that was not reasonably ascertainable by the student at or prior to the hearing and that would probably have affected the decision or any penalty imposed under section 13.1.11;
   3. the decision under section 13.1.10(13) was manifestly wrong; or
   4. the penalty imposed under section 13.1.11 was manifestly excessive, inappropriate or not available in the circumstances.
      
3. An appeal under this section may only be commenced by the student lodging a written notice of appeal with the academic secretary within fourteen days of the day on which the student received or is deemed to have received the notice referred to in section 13.1.10(14)(a) or becomes aware of the evidence referred to in section 13.1.13(2)(b) or, in special circumstances, such longer time as the academic secretary allows in his or her discretion.
   
4. Where the academic secretary extends or refuses to extend the time for lodging the notice of appeal he or she must notify the student and the academic registrar in writing, of the extended date, or of his or her decision to refuse the application, within five working days of receipt of the student's application.
   
5. A notice of appeal must set out the grounds of appeal and any evidence on which the student proposes to rely.
   
6. Within fourteen days of receiving a notice of appeal, the academic secretary must establish a committee to hear and determine the appeal (in this Part called an "Academic Appeal Committee").
   
7. Subject to section 13.1.13(8) and to the over-riding discretion of the president of the Board to determine or vary the composition of an Academic Appeal Committee at any time prior to commencement of the hearing of the appeal, the composition of the Academic Appeal Committee must be as follows-
   
   1. The Academic Appeal Committee must consist of three persons.
   2. Two members of the Academic Appeal Committee must be drawn from the members of the Board. The academic secretary must appoint one of those members to chair the Academic Appeal Committee.
   3. The third member of the Academic Appeal Committee member must be-
      
      1. if the student is a graduate student, the president of UMPA or a student nominated by the president of UMPA;
      2. if the student is an undergraduate student enrolled at an affiliated educational establishment, the president of or a student nominated by the president of the student union pertaining to the affiliated educational establishment; or
      3. in all other cases, the president of UMSU or a student nominated by the president of UMSU.
8. A person who has been in any way involved in, associated with, or alleged to have been involved in or associated with the alleged academic misconduct or its investigation, the decision under appeal or the penalty imposed may not be a member of the Academic Appeal Committee.
   
9. The chair of the Academic Appeal Committee must convene a meeting of the Academic Appeal Committee to determine the appeal within twenty-one days after receiving the notice of appeal. The student must be given at least seven days notice of the time and place of the Academic Appeal Committee meeting and the name of the chair of the Academic Appeal Committee.
   
10. A student and the chair of the Academic Appeal Committee may agree in writing at any time to extend the time limits referred to in this section or to reschedule the date, time and place for any meeting of the Academic Appeal Committee.
    
11. The chair of the Academic Appeal Committee may, as the case requires, adjourn and reconvene any meeting of the Academic Appeal Committee.
    
12. A student may, no later than twenty-four hours before the commencement of a meeting of the Academic Appeal Committee, notify the chair of the Academic Appeal Committee that he or she wishes to have a specified person present at the meeting (in this section called the "support person") to assist the student in presentation of his or her case. The support person may not be a person who was involved in, associated with, or alleged to have been involved in or associated with the alleged academic misconduct.
    
13. In determining any appeal under this section, the Academic Appeal Committee-
    
    1. may follow any procedure it considers appropriate;
    2. is not bound by the rules of evidence or other technicalities or legal forms, and may inform itself in relation to any matter in any manner it thinks fit;
    3. must act fairly in all the circumstances, having regard to the requirements of natural justice;
    4. must give the student the opportunity to present material and submissions in support of the appeal and to respond to any other material relating to the appeal;
    5. must consider any material presented or made available pursuant to paragraph (d) here of; and
    6. must allow the student to be accompanied by a support person nominated in accordance with sub-section (12).
       
14. A support person accompanying a student in an Academic Appeal Committee meeting under this section may act as an advocate on the student's behalf, with the permission of the chair of the Academic Appeal Committee, which must not be unreasonably withheld, and the student. The chair of the Academic Appeal Committee may exclude the support person from the meeting if he or she disrupts or unreasonably impairs the conduct of the meeting.
    
15. The Academic Appeal Committee must either dismiss or allow the appeal in whole or in part. The Academic Appeal Committee must dismiss the appeal unless a majority of the members of the Academic Appeal Committee is satisfied that a ground of appeal has been established.
    
16. If the Academic Appeal Committee dismisses the whole or any part of an appeal, it must confirm, set aside or vary any penalty imposed, or substitute another penalty, but must not-
    
    1. increase the period of any suspension imposed under sections 13.1.11(2)(a), 13.1.11(2)(b) or 13.1.11(2)(c); or
    2. impose any penalty which, in the opinion of the Academic Appeal Committee, is more onerous than the penalty imposed on the student under section 13.1.11.
       
17. The chair of the Academic Appeal Committee must report any decision made under this section to the next full meeting of the Board.
    
18. Within three working days of any decision by the Academic Appeal Committee under this section-
    
    1. the student must be provided with written notice of the terms of the decision and any penalty imposed; and
    2. the academic registrar must be provided with a copy of the notice.

13.1.14 No Right of Appeal to Board

1. Despite the provisions of statute 4.1.2(2)(b), there is no right of appeal to the Board from any decision made under the provisions of this Part by-
   
   1. an Appeal Committee; or
   2. an Academic Appeal Committee.
      
      Nothing in this statute is intended to preclude a student from exercising any right to external review of any decision.

PART E MISCELLANEOUS

13.1.15 Confidentiality

1. Subject to section 13.1.3(5) any person or committee who exercises any power or carries out any function under this statute or hears any appeal must treat the subject matter thereof in the strictest confidence, save where necessary for the discharge of that person's responsibilities pursuant to this statute or as otherwise required or permitted by law.

13.1.16 Undischarged Penalties

1. While any penalty imposed in accordance with this statute remains outstanding, unfulfilled or unpaid (as the case requires), or while a student is suspended or excluded from all of the University premises, the student must not, without the written consent of the vice-chancellor or the academic registrar-
   
   1. enroll;
   2. receive any results of assessment;
   3. graduate or receive a diploma or any certificate stating that the student is qualified to graduate or receive a diploma in the University, or
   4. receive a certificate of academic record.

13.1.17 Other Consequences of Suspension and Exclusion

1. While a student is suspended he or she must not, without the written consent of the vice-chancellor or the academic registrar-
   
   1. attend any classes;
   2. sit any examinations;
   3. submit any work for assessment;
   4. gain any credit; or
   5. access the University's library and computing and network facilities.
      
2. While a student is excluded he or she must not-
   
   1. attend any classes relating to any subject or group of subjects from which the student has been excluded;
   2. sit any examinations relating to any subject or group of subjects from which the student has been excluded;
   3. submit any work for assessment in any subject or group of subjects from which the student has been excluded; or
   4. gain any credit for work submitted in any subject or group of subjects from which the student has been excluded.
      
3. A student is not entitled to receive any credit for any studies undertaken by the student at the University or any other institution during a period when the student's enrolment is or was suspended without the written consent of the vice-chancellor or the academic registrar.

13.1.18 Records

1. The academic registrar must keep a record of-
   
   1. all findings of general and academic misconduct made under this statute;
   2. all penalties imposed in respect of such findings; and
   3. all agreements made under section 13.1.9.
      
2. The records referred to in sub-section (1) form part of the student's disciplinary record and must form part of a student's file which must be made available-
   
   1. to persons within the University if, in the opinion of the academic registrar, they have a legitimate need to know; and
   2. to persons outside the University-
      
      1. in response to a written request by the police where they are investigating this or a related matter;
      2. in response to a court order or subpoena;
      3. in response to a request by a college or hall of residence, an affiliated educational establishment or another institute of higher education if, in the opinion of the academic registrar they have a legitimate need to know.
3. The records referred to in sub-section (1) may be taken into account for the purposes of assessing what penalty, if any, should be imposed or recommended under the provisions of this statute in any case where an allegation of general misconduct or academic misconduct has been upheld or confirmed against a student.

13.1.19 Reinstatement Where Suspended and Forfeiture of Fees

1. A student's enrolment must be automatically reinstated after the expiration of any period of suspension, provided that the student has complied with any terms and conditions imposed as part of the suspension.
   
2. The vice-chancellor or the academic registrar may, in their discretion, reinstate a student's enrolment after the expiration of any period of suspension even though the student has failed to comply with any terms or conditions imposed as part of the suspension.
   
3. No fees paid by a student relating to any period of suspension must be repayable.

13.1.20 Readmission Where Terminated and Forfeiture of Fees

1. A student whose enrolment has been terminated in accordance with this statute may not enrol in any course, subject or group of subjects at the University without the written consent of the vice-chancellor, which consent will only be granted at the discretion of the vice-chancellor in exceptional circumstances.
   
2. No fees paid by a student must be repayable to the student upon or by reason of termination.

13.1.21 Transitional Provisions

1. This statute takes effect on such date, being a date after the date of approval of the statute by the Minister, as Council determines.
   
2. Statute 13.1 - Discipline, last amended on 5 July 1999, is revoked when this statute commences.
   
3. Any proceedings for general or academic misconduct that have been commenced but not completed before the commencement of this statute must be completed as if Statute 13.1 - Discipline had not been replaced by this statute.
   
4. Any allegation of misconduct that relates to general or academic misconduct which was alleged to have occurred prior to the commencement date of this statute must be dealt with under the replaced statute unless the student and the senior officer to whose attention the general or academic conduct has been brought agree in writing that the matter is to be dealt with under this statute.