Student discipline
Student misconduct
Misconduct includes:
- conduct on the part of a student which is prejudicial to the good order and government of the University or impairs the reasonable freedom of other persons to pursue their studies or research in the University or to participate in the life of the University
- refusal by a student to give satisfactory particulars of the student’s identity in response to a direction to do so by a prescribed officer and any other form of wilful disobedience to a reasonable direction of a prescribed officer.
Suspension of students
A student may be suspended, as follows:
by senior officers:
If, in the opinion of the Vice-Chancellor, a Deputy Vice-Chancellor, a Pro-Vice-Chancellor or a Deputy Principal:
- the behaviour of a student amounts to misconduct, or
- there is an imminent threat of misconduct by a student,
that officer may, for the purpose of halting or preventing misconduct,
suspend the student from entering the University grounds or any part of those grounds for a period not exceeding 7 days.
by academic staff:
If, in the opinion of a member of the academic staff:
- the behaviour of a student in the member’s class or during other work supervised by the member amounts to misconduct, or
- there is an imminent threat of misconduct by a student in the member’s class or during other work supervised by the member,
the member may, for the purpose of halting or preventing misconduct, suspend the student from attending the member’s classes or other supervised work for a period not exceeding 7 days.
by the University Librarian or nominee:
If, in the opinion of the University Librarian or a member of the Library staff nominated by the University Librarian for the purpose of this subclause:
- the behaviour of a student in a library of the University or in relation to any property of the Library amounts to misconduct, or
- there is an imminent threat of misconduct by a student in a library of the University or in relation to any property of the Library,
the University Librarian or nominated member of the Library staff may, for the purpose of halting or preventing misconduct, suspend the student from the use of or entry to all or any of the libraries of the University for a period not exceeding 7 days.
by the Registrar or nominee:
If, in the opinion of the Registrar, a member of the Registrar’s staff nominated by the Registrar for the purpose of this clause or a member of the academic staff:
- the behaviour of a student in, or in respect of, an examination or other test amounts to misconduct, or
- there is an imminent threat of misconduct by a student in, or in respect of, an examination or other test,
the Registrar, the nominated member of the Registrar’s staff or the member of the academic staff may, for the purpose of halting or preventing misconduct, suspend the student from sitting for the examination or test.
Complaints of student misconduct
Complaint:
Any member of the University staff or any student may, by written complaint, inform the Registrar of any conduct by a student which the member or student considers to be misconduct.
The Registrar must, on receipt of a complaint, make a recommendation to the Vice-Chancellor as to whether, in the Registrar’s opinion, the conduct which is the subject of the complaint warrants investigation. The Registrar may, without having received any such complaint, make a recommendation to the Vice-Chancellor that conduct by a student which the Registrar alleges to be misconduct warrants investigation.
On receipt of a recommendation from the Registrar in respect of conduct by a student, the Vice-Chancellor may, whether or not the Registrar has recommended an investigation of the conduct:
- determine that no investigation is to be made, or
- direct the Registrar to cause a full investigation of the conduct to be made.
Investigating a complaint:
In making the above investigation, the Registrar has power to require any member of the University staff or any student to appear before the Registrar with a view to assisting the investigation, but no person appearing is obliged to answer any question.
On completion of an investigation in relation to an allegation of misconduct by a student, the Registrar recommends to the Vice-Chancellor:
- that no further action should be taken, or
- that the student be given a notice, or
- that the allegation of misconduct be heard and determined by the Vice-Chancellor or a Student Proctorial Board.
The Vice-Chancellor's decision :
On receipt of the Registrar's recommendation, the Vice-Chancellor may:
- decide that no further action should be taken, or
- cause the student to be given a notice, or
- refer the allegation of misconduct to the Chair of the Student Proctorial Panel or, unless the Registrar recommended that no action should be taken with respect to the allegation, hear and determine the allegation in person.
Notice:
The notice informs the student to whom it is addressed of the allegation of misconduct made against that student and that:
- if, within the period of 14 days immediately following the date upon which the notice is given, the student notifies the Vice-Chancellor that the allegation of misconduct specified in the notice is denied - the allegation of misconduct will be formally heard and determined, and
- if, within the period of 14 days immediately following the date upon which the notice is given, the student does not notify the Vice-Chancellor that the allegation of misconduct is denied - the Vice-Chancellor will, at the expiration of that period, impose on the student a specified penalty unless:
- the student has given to the Vice-Chancellor an explanation concerning the alleged misconduct which the Vice-Chancellor considers adequate, in which case no penalty is to be imposed on the student, or
- the student has satisfied the Vice-Chancellor that, for any reason, a lesser or different penalty from that specified should be imposed, in which case the Vice-Chancellor will impose the lesser or different penalty on the student.
If the student does not deny the allegation in the notice within 14 days:
If a student to whom a notice is given does not, within the period of 14 days immediately following the date upon which the notice is given, notify the Vice-Chancellor that the allegation of misconduct specified in the notice is denied, the Vice-Chancellor must, at the expiration of that period, impose on the student the penalty in the notice unless:
- the student has given to the Vice-Chancellor an explanation concerning the alleged misconduct which the Vice-Chancellor considers adequate, in which case no penalty is to be imposed on the student in relation to the alleged misconduct, or
- the student has satisfied the Vice-Chancellor that, for any reason, a lesser or different penalty from that specified should be imposed, in which case the Vice-Chancellor is to impose that lesser or different penalty on the student, and must lay a report of any penalty so imposed upon the table of the Senate and of the Academic Board.
If a student denies the allegation in the notice:
If a student to whom a notice is given denies the allegation of misconduct specified in the notice, the Vice-Chancellor is to refer the allegation to the Chair of the Student Proctorial Panel or, unless the Registrar recommended that no action should be taken with respect to the allegation, hear and determine the allegation in person.
Student Proctorial Panel
Composition:
The Student Proctorial Panel consists of:
- the Chair of the Academic Board (Chair of the Panel)
- 9 members of the academic staff (of whom at least 3 are to be professors and at least 3 are not to be professors) appointed by and from the members of the Academic Board
- 9 student members of the Academic Board appointed by and from the student members of the Academic Board.
The members of the Panel are to be appointed at the first meeting of the Academic Board held in each calendar year, or at another time determined by resolution of the Senate.
Referral of an allegation of misconduct to the Chair of the Panel:
The Chair of the Panel must convene a meeting of the Panel as soon as practicable after the Vice-Chancellor has referred an allegation of misconduct against a student to the Chair. The Panel establishes a Board to hear and determine the allegation of misconduct.
Student Proctorial Board
Composition:
A Student Proctorial Board consists of 3 persons, as follows:
- a member elected by and from the Panel, being an academic staff member who is not disqualified from membership of that Board,
- a member elected by and from the Panel, being a student member who is not disqualified from membership of that Board,
- a Chair appointed by Senate.
Senate appoints one or more Chairs of Boards annually from among persons who:
- have been admitted to practise as barristers or solicitors of the Supreme Court of New South Wales for at least five years, or
- hold or have held office as judge or stipendiary magistrate in any State or federal court in Australia.
The Board's decision after the hearing
The Board may, after hearing an allegation of misconduct against a student:
- make a finding that the student is guilty of misconduct but impose no penalty, or
- impose one or more penalties on the student if satisfied that the student is guilty of misconduct.
Penalties
One or more of the following penalties may be imposed under in respect of misconduct by a student:
- expulsion from the University
- suspension from admission to or from the use of University grounds or any part of those grounds, either permanently or for a specified period
- suspension from a University course either permanently or for a specified period
- a fine
- a reprimand or a severe reprimand
- a penalty in accordance with academic usage
Appeals
Information about appeals can be found on the appeals against discipline determinations page.