ACU Locations                                        ACU National Logo


   

INDEX

Preamble Student Conduct
Breach of the Student Code of Contact

Discipline Committee

Appeals General

PREAMBLE
The following Student Code of Conduct has been formulated in the context of the University's commitment to Christian values and principles, and in particular its respect for the dignity of each human person.

If problems relating to student conduct arise it is expected that they will be dealt with from the beginning in a spirit of truthfulness, understanding and reconciliation. It is to be hoped that most problems will be resolved through consultation and reflection, and that recourse to the formal Student Code of Conduct will be necessary only as a last resort.

1. STUDENT CONDUCT
Students must observe the following code of conduct:
1.1 Students are to conduct themselves with due regard to the rights and welfare of students and staff and members of the public.

1.2 Students must not conduct themselves in a manner detrimental to the reputation or to the orderly functioning of the University and its activities.

1.3 Students must not wilfully damage or use without authority the property of the University or any other property used by the University or its students or staff.

1.4 Students must observe all Rules and Regulations concerning their conduct that are made from time to time by the University.

2. BREACH OF THE STUDENT CODE OF CONDUCT
2.1 Any member of the University may report a student to the Designated Officer for an alleged breach of the Student Code of Conduct. The Designated Officer at State level will be appointed by the Senior University Officer of the State / Territory (currently Pro-Vice-Chancellor: New South Wales, Queensland, Victoria; Rector: ACT).

2.2 On receiving a report of alleged breach of the Student Code of Conduct the Designated Officer will, after due consideration:

2.2.1 decide that no action is required,
OR
2.2.2 refer the matter directly to the Discipline Committee.
If it is decided that no action be taken the Designated Officer will communicate the decision in writing to the member making the original allegation, with a copy to the Senior University Officer.

3. DISCIPLINE COMMITTEE
3.1 There will be a Discipline Committee in each State or Territory consisting of the Designated Officer (Chairperson), two members of staff selected by the Designated Officer from a pool of volunteer academic staff approved by the Senior University Officer of the State/Territory, and two students nominated by the governing bodies of the local Student Representative Councils from a pool of volunteers approved by those governing bodies. If there is more than one local Student Representative Council in a State or Territory the two students will be nominated by the local Student Representative Councils by agreement between themselves. One alternative staff and student nomination will be made available.

3.2 The quorum for a meeting of the Discipline Committee is the Chairperson and at least two other members comprising one staff member and one student.

3.3 The Designated Officer will convene all meetings of the Discipline Committee. This officer will give to each member of the Discipline Committee a written notice specifying the date, time and place of the meeting and the general nature of the allegation. This notice must be given at least five working days before the meeting at which the Discipline Committee is to hear the allegation.

3.4 The Designated Officer will give to the student alleged to have breached the Student Code of Conduct a written notice specifying the date, time, and place of the Discipline Committee meeting and the general nature of the allegation. This notice must be given at least five working days before the meeting at which the Discipline Committee is to hear the allegation.

3.5 When the Discipline Committee meets to hear an allegation of a breach of the Student Code of Conduct

3.5.1 the student has the right to present a written submission and/or appear before the Discipline Committee,

3.5.2 the student is entitled to have another student of the University present as an observer.

3.6 If the Discipline Committee finds that a student has committed a breach of the Student Code of Conduct it will take the following action
3.6.1 decide that no penalty be imposed
OR
3.6.2 reprimand the student
OR
3.6.3 impose a fine not exceeding the sum of $500
OR
3.6.4 in cases relating to examinations or assessments, annul all or part of the student's results for the semester concerned or impose any other penalty provided for in these regulations
OR
3.6.5 suspend the student from further participation in a course of the University for a period of time to be determined by the Discipline Committee
OR
3.6.6 exclude the student from the University
OR
3.6.7 require the student to make restitution to the University either in full or for such lesser sum as the Discipline Committee may determine in respect of any property of the University which is either damaged or destroyed. The Discipline Committee may allow a student to pay any such sum of restitution over a period of time which it considers appropriate
OR
3.6.8 require the student to undertake an appropriate form of restitution
OR
3.6.9 impose any combination of the penalties provided for in this paragraph.

3.7 The Discipline Committee will inform the student in writing of its decision within five working days of making the decision.

4. APPEALS
4.1 A student may appeal to the Senior University Officer of the State or Territory against the decision of the Discipline Committee. The appeal must be made in writing and must be lodged with the Senior Officer within 10 working days of receiving notice of the Discipline Committee's decision.

4.2 After receiving a written notice of appeal, in accordance with paragraph 4.1 above, the Senior Officer will appoint a Committee of Appeal as soon as possible. The Committee of Appeal's task is to hear and determine the student's appeal.

4.3 The Committee of Appeal will comprise three members of staff and one student appointed by the Senior University Officer in the State or Territory. They may not include anyone who was a member of the Discipline Committee which made the decision being appealed against. The Senior University Officer will appoint a Chairperson from among the members of the Committee of Appeal.

4.4 The Appeal will be conducted by rehearing the case in full. At the rehearing the Committee of Appeal will be able to call on any oral or written evidence and / or submissions.

4.5 When an appeal is heard by the Committee of Appeal:

4.5.1 The student concerned has the right to present a written submission and/or appear in person before the Committee of Appeal.

4.5.2 The student has the right to be represented by a person of his/her own choosing including a legal practitioner.

4.5.3 The members of the Committee of Appeal and the student have the right to call witnesses and to cross-examine any witnesses who may be called to give evidence.

4.6 When determining an appeal the Committee of Appeal has the power to impose any of the penalties that may be imposed by a Discipline Committee (see paragraph 3.6 above).

4.7 If an appeal is lodged by a student in accordance with paragraph 4.1 above any penalty imposed by the Discipline Committee is suspended until the appeal has been heard and determined.

4.8 The proceedings of the Committee of Appeal are closed, but the committee may admit observers if it so decides.

4.9 The Chairperson of the Committee of Appeal must keep a copy of any written evidence and / or submissions and a record of the witnesses called at the Appeal hearing. The Chairperson must also keep a note of any oral evidence and / or submissions made. A verbatim transcript of the proceedings is not required.

4.10 The Chairperson will advise the Senior University Officer and the student of the decision of the Committee of Appeal within five working days of the decision.

4.11 No right of appeal exists against a decision of the Committee of Appeal.

5. GENERAL
5.1 A student is not entitled to graduate or to receive any award from the University in the following circumstances:

· the student has failed to comply with a decision of the Discipline Committee and/or the Committee of Appeal as to any penalty imposed
OR
· o an Appeal is still to be determined by the Committee of Appeal.

5.2 A student who chooses to be represented by a legal practitioner in accordance with paragraph 4.5 above must give written notice of this intention to the Chairperson of the Committee of Appeal not less than two clear working days before the hearing date. If such notice has not been received the Chairperson of the committee may adjourn the hearing to a new date.

5.3 If written notice is received from a student in accordance with paragraph 5.2 above the Committee of Appeal has the right to retain a legal practitioner to assist it during the relevant hearing.