THE AUSTRALIAN NATIONAL UNIVERSITY
Discipline Statute 2005
DISCIPLINE RULES 2014
The Vice-Chancellor of The Australian National University makes these Rules under subsection 9.5 of the Vice-Chancellorship Statute 2013 for section 3 of the Discipline Statute 2005.
Dated: 18 December 2014.
Professor Ian Young AO
VICE-CHANCELLOR
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TABLE OF CONTENTS
Part 1 PRELIMINARY. 2
1 Name of Rules and commencement. 2
2 Interpretation. 2
Part 2 MISCONDUCT. 3
3 Misconduct. 3
Part 3 CONSEQUENCES OF MISCONDUCT. 4
4 Reporting misconduct. 4
5 Prescribed authority’s role. 4
6 Powers of prescribed authority. 6
7 Powers of and action by Vice-Chancellor. 6
8 Interim denial of access. 8
Part 4 INQUIRIES. 8
9 Inquiries. 8
10 Findings and penalties: prescribed authority. 9
11 Findings and penalties: Vice-Chancellor. 9
12 Student undertakings. 11
13 Notice of decisions, etc. 11
14 Effect of denial of access. 11
15 Exclusion of student. 12
Part 5 FAILURE TO MEET OBLIGATIONS. 12
16 Failure to meet obligations by due date. 12
17 Re-enrolment following suspension. 12
18 Liability of persons financially supported by third parties. 12
19 Sanctions against persons who fail to meet obligations. 12
Part 6 APPEALS and Call-In.. 13
20 Review by the Appeals Committee. 13
21 Vice-Chancellor may call in a case. 13
Part 7 MISCELLANEOUS. 13
22 Nominees. 13
23 Multiple processes. 14
24 Extension of time. 14
25 Notices. 14
26 Revocation and savings. 14
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Part 1 PRELIMINARY
1 Name of Rules and commencement
1.1 These Rules are the Discipline Rules 2014.
1.2 These Rules commence on the day after they are registered.
2 Interpretation
2.1 In these Rules, unless the contrary intention appears:
conduct of a sexual nature includes the making of a statement of a sexual nature to, or in the presence of, a person, whether the statement is made orally or in writing;
course means a subject of scholarly study taught:
(a) in a connected series of classes or demonstrations; or
(b) by means of practical work, including the production by students of essays or theses of case studies or the attendance and participation by students in seminars or workshops;
discrimination includes unfair or inequitable treatment on the basis of a person’s race, colour, sex, sexual preference or orientation, marital status, pregnancy or potential pregnancy, status as carer, age, disability, ethnic or national origin, breastfeeding requirements, religious, political or union affiliation, or any other attributes applied by or set out in any Commonwealth, State, Territory or University legislation that applies in relation to a University activity;
document includes:
(a) paper or other material on which there is writing;
(b) paper or other material on which there are marks, figures, symbols or perforations having a meaning for persons qualified to interpret them; and
(c) any article or material from which sounds, images or writings are capable of being reproduced with or without the aid of any other article or device;
examination includes:
(a) a task required to be performed or undertaken by a student for the assessment of the student’s performance in a program of study or course in which the student is admitted or enrolled;
(b) a thesis, dissertation, minor thesis, research project, written report, assignment or essay undertaken for the assessment of the student’s performance for an award offered by the University; and
(c) a task required to be performed or undertaken by a person for the purpose of enabling the person to qualify for admission as a student in a program in the University;
harassment includes behaviour, comments or images that are unwelcome, offensive, humiliating or intimidating to a person, and that, in the circumstances, a reasonable person should have expected would be offensive or intimidating, and also includes sexual harassment;
inquiry means an Inquiry mentioned in Part 4;
misconduct has the meaning given in rule 3;
obligation includes:
(a) a non-monetary obligation;
(b) a monetary penalty;
(c) compensation;
(whether to be made or payable to the University or another person) under a statute (other than the Parking and Traffic Statute) or under any rules or orders made under such a statute and also includes:
(d) a monetary obligation, (such as a fee or charge for accommodation, board or a related service) payable to the University or to a Hall of Residence or affiliated College under a contract or agreement;
prescribed authority:
(a) in relation to a student, means the relevant Dean, the Registrar or a person nominated for the purpose by the Vice-Chancellor, as the case requires;
(b) in relation to a resident in a hall or lodge of the University, means the Head of the Hall; and
(c) includes a nominee of the prescribed authority appointed under subrule 22.2;
property includes real and personal property and intellectual property including data and information;
Registrar includes a nominee of the Registrar appointed under subrule 22.3;
sexual harassment includes:
(a) the making of an unwelcome sexual advance, or an unwelcome request for sexual favours, to another person; or
(b) engaging in any other unwelcome conduct of a sexual nature in circumstances in which another person reasonably feels offended, humiliated or intimidated;
student means a person who is or was enrolled in, or seeking enrolment in, a program or course offered by the University, or who is or was given permission by the University to audit a course offered by the University;
Vice-Chancellor includes a nominee of the Vice-Chancellor appointed under subrule 22.1;
victimisation includes any unfavourable treatment, including adverse changes to a person’s work or study environment, denial of access to resources, work opportunities or training, or ostracism of a person as a consequence of the person’s involvement in a grievance under any grievance procedures applicable in the University;
working day means a day other than a weekend, public holiday or University holiday.
2.2 A reference in these Rules to a Dean, in relation to a student, is a reference to the Dean of the ANU College responsible for the program in which the student is or was enrolled or is or was seeking enrolment.
Part 2 MISCONDUCT
3 Misconduct
3.1 It is misconduct if a student engages in conduct which:
(a) is prejudicial to the good order and government of the University;
(b) unreasonably hinders other persons in the pursuit of their studies in the University or in participation in the life of the University; or
(c) is otherwise reprehensible conduct for a member of the University to engage in.
3.2 Without limiting the generality of subrule 3.1, it is misconduct if a student:
(a) wilfully obstructs or disrupts an activity or proceeding of the University;
(b) wilfully or negligently destroys, damages, defaces, loses, removes or otherwise interferes with, or makes unauthorised use of, any property of the University or any other person;
(c) enters any place in the University that the student is not permitted to enter;
(d) fails to comply with any reasonable order or direction of an officer or employee of the University or a person acting with the lawful authority of the University;
(e) fails to comply with a provision of a statute, or of a rule, order or direction made under a statute, rule or order;
(f) acts dishonestly or unfairly, in connection with:
(i) any assessment for admission to the University; or
(ii) the preparation or presentation of any assignment or material in support of an application for admission to the University;
(g) subjects another person to harassment, victimisation or other discrimination;
(h) behaves in an intimidating manner to another person or creating a hostile working or studying environment;
(i) makes a statement to the University or to an officer or employee of the University that the student knows to be false (including the provision of a falsified medical certificate or falsified academic transcript);
(j) engages in, or is party to, conduct intended to deceive the University (including the provision of a falsified medical certificate or falsified academic transcript);
(k) fails to comply with the University’s instructions to students at, or in relation to, an examination; or
(l) negligently or recklessly causing risk or danger to the health or safety of another person.
Part 3 CONSEQUENCES OF MISCONDUCT
4 Reporting misconduct
4.1 Any person who considers that a student may have engaged in misconduct may report the student’s conduct to the Vice-Chancellor or to a prescribed authority.
4.2 A prescribed authority may report any suspected misconduct by a student to the Vice-Chancellor.
4.3 A prescribed authority or the Vice-Chancellor may exercise his or her powers under these Rules whether or not he or she has received a report about the misconduct.
5 Prescribed authority’s role
5.1 If the prescribed authority becomes aware of alleged misconduct by a student, the prescribed authority must determine whether there are reasonable grounds for believing that the student has engaged in misconduct.
5.2 The prescribed authority may determine that no action is to be taken if he or she considers that:
(a) there are no adequate grounds for believing that a student has engaged in the alleged misconduct; or
(b) the allegations about the student’s behaviour are frivolous, vexatious or not made in good faith.
5.3 If a prescribed authority makes a determination under subrule 5.2 he or she must within 5 working days after making the determination give the student written notice that:
(a) sets out the grounds, including a description of the alleged misconduct,
(b) contains copies of any substantive material upon which the allegations were made; and
(c) informs the student that the allegations have been considered by the prescribed authority, who has determined that there are no adequate grounds for believing that the student has engaged in misconduct, or (as the case may be) has determined that the allegation is frivolous, vexatious or not made in good faith.
5.4 If the prescribed authority determines that there are adequate grounds for believing that a student has engaged in misconduct, the prescribed authority may:
(a) decide to hold an inquiry into the matter; or
(b) if the matter was not referred to the prescribed authority under subrule 7.4(a) and if the misconduct involved so warrants, refer the matter to the Vice-Chancellor.
5.5 If the prescribed authority decides to hold an inquiry into alleged misconduct, the prescribed authority must within 5 working days after making the decision give the student a written notice that:
(a) sets out the grounds, including a description of the alleged misconduct and contain copies of the substantive material upon which the allegations are based;
(b) informs the student that the prescribed authority intends to hold an inquiry under Part 4 into the alleged misconduct;
(c) advises the student of the name of the prescribed authority;
(d) sets out the date, time and place for the hearing of the inquiry; and
(e) contains a statement to the effect that:
(i) the purpose of the inquiry is to determine whether there has been misconduct by the student and that the powers of the prescribed authority include the power to make a finding that there has been such misconduct;
(ii) the inquiry will be conducted in an informal manner;
(iii) the student is entitled to appear in person at the inquiry;
(iv) if the student does not appear at the time and place fixed under paragraph 5.5(d), the inquiry may proceed in the absence of the student;
(v) the student is entitled to present to the inquiry oral statements or written statements (whether made by the student or another person);
(vi) the student may, in addition to or instead of appearing in person at the inquiry, furnish to the inquiry a written statement in relation to the alleged misconduct (whether made by the student or another person);
(vii) the student may be accompanied at the inquiry by another person who may observe the proceedings but not act as an advocate unless with the express approval of the prescribed authority; and
(viii) the prescribed authority is not bound by rules of evidence.
5.6 The written notice must be served on the student not less than 5 working days before the dated fixed for the hearing, unless the student consents to later service.
6 Powers of prescribed authority
6.1 If a prescribed authority is satisfied that a student is likely to have engaged in misconduct, he or she may, before holding an inquiry mentioned in subrule 5.5(b):
(a) subject to subrule 6.2, deny the student access to all or any of the facilities of the University, or to all or any part of the University’s premises, or to any activities conducted by or on behalf of the University for 20 working days (or such further period as the Vice-Chancellor determines); or
(b) if the misconduct occurred during an examination or other assessment and subject to subrule 6.3, exclude the student from attendance at that examination or assessment.
Note
If, in relation to information infrastructure or information services, a student is to have committed misconduct (however described), appropriate action may be taken under the Information Infrastructure and Services Rules.
6.2 A prescribed authority may deny a student access under subrule 6.1(a) only if the alleged misconduct is of a nature that causes imminent, and serious, risk to the health or safety of a person or if the student’s continued presence on the premises or at the activity otherwise presents a serious risk to the University, its staff, students or its property.
6.3 A prescribed authority may only exclude a student from participating in an examination if, in the opinion of the prescribed authority, it is necessary to preserve the integrity of the conduct of the examination or order and decorum in an examination centre.
6.4 If a prescribed authority exercises his or her powers under this rule in relation to a student, he or she must, as soon as is possible:
(a) advise the student in writing of the action taken and the reasons for the action; and
(b) report the action taken and the circumstances relating to it to the Vice-Chancellor.
6.5 Denial of access or exclusion from attending an examination or assessment under subrule 6.1 does not, of itself, terminate a student’s enrolment.
7 Powers of and action by Vice-Chancellor
7.1 If the Vice-Chancellor becomes aware of alleged misconduct by a student that is not being dealt with by a prescribed authority, the Vice-Chancellor must determine whether there are adequate grounds for believing that the student has engaged in misconduct.
7.2 The Vice-Chancellor must determine that there are no adequate grounds for taking action against the student if he or she considers that:
(a) there are no reasonable grounds for believing that a student has engaged in the alleged misconduct; or
(b) the allegations about the student’s behaviour are frivolous, vexatious or not made in good faith.
7.3 The Vice-Chancellor must, within 5 working days after making a determination under subrule 7.2, give the student written notice that:
(a) sets out the grounds, including a description of the alleged misconduct,
(b) contains copies of any substantive material upon which the allegations were made; and
(c) informs the student that:
(i) the allegations have been considered by the Vice-Chancellor; and
(ii) the Vice-Chancellor has determined that there are no adequate grounds for taking action against the student.
7.4 If the Vice-Chancellor determines that there are adequate grounds for believing that a student has engaged in misconduct and if the alleged misconduct has not already been dealt with under these or any other rules, the Vice-Chancellor may:
(a) refer the matter to a prescribed authority for inquiry and determination in accordance with rule 6 and Part 4;
(b) refer the matter for inquiry on behalf of the Vice-Chancellor by a panel of persons selected by the Vice-Chancellor; or
(c) conduct an inquiry into the matter.
7.5 If the Vice-Chancellor decides to deal with a matter under subrule 7.4(b) or (c), the Vice-Chancellor must within 5 working days cause a written notice to be given to the student specifying the misconduct and containing copies of the substantive material upon which the allegations are based and requiring the student to appear at the inquiry.
7.6 A written notice under subrule 7.5 must:
(a) specify, in addition to the matters referred to in subrule 7.5, the date, time and place fixed for the inquiry;
(b) advise the student that the Vice-Chancellor is to conduct the inquiry, or if a panel is appointed under subrule 7.4(b), of the names of the panel members; and
(c) contain a statement to the effect that:
(i) the purpose of the inquiry is to determine whether there has been misconduct by the student and that the powers of the Vice-Chancellor include the power to make a finding that there has been such misconduct;
(ii) the inquiry will be conducted in an informal manner;
(iii) the student is entitled to appear in person at the inquiry;
(iv) if the student does not appear at the time and place fixed under subrule 7.6(a), the inquiry may proceed in the absence of the student;
(v) the student is entitled to present to the inquiry oral statements or written statements (whether made by the student or another person);
(vi) the student may, in addition to or instead of appearing in person at the inquiry, furnish to the inquiry a written statement in relation to the alleged misconduct (whether made by the student or another person);
(vii) the student may be accompanied at the inquiry by another person who may observe the proceedings but not act as an advocate unless with the expressly approval of the Vice-Chancellor or Chair of the panel; and
(viii) the Vice-Chancellor or the panel is not bound by rules of evidence.
7.7 The written notice must be served on the student not less than 5 working days before the dated fixed for the hearing, unless the student consents to later service.
7.8 If the Vice-Chancellor appoints a panel under subrule 7.4(b), the panel must consist of 2 members of the academic staff of the University (one of whom is to Chair the panel) and one student appointed by the Vice-Chancellor after consultation with the President of the Australian National University Students’ Association Inc. or the Australian National University Postgraduate and Research Students’ Association Inc., as the case requires.
8 Interim denial of access
8.1 Subject to subrule 8.2, the Vice-Chancellor may deny the student in relation to whom misconduct is alleged access to all or any of the facilities of the University, or to any part of the University premises or to any activities conducted by or on behalf of the University, for a specified period or until the end of the inquiry mentioned in rule 9, whichever first occurs.
8.2 The Vice-Chancellor may deny a student access under subrule 8.1 only if the alleged misconduct is of a nature that causes imminent and serious risk to the health or safety of a person, or if the student’s continued presence on the premises or at the activity otherwise presents a serious risk to the University, its staff, students or its property.
8.3 If the Vice-Chancellor exercises his or her powers under subrule 8.1 in relation to a student, he or she must give written notice to the student in writing of the action taken and the reasons for the action as soon as possible after the action is taken.
8.4 Denial of access under subrule 8.1 does not, of itself, terminate a student’s enrolment.
8.5 A student may, within 10 working days after receiving written notice under subrule 8.3, make a written submission to the Vice-Chancellor in relation to the continuation of the denial of access.
8.6 The Vice-Chancellor may, after taking into consideration the written submission, vary or terminate the denial of access.
Part 4 INQUIRIES
9 Inquiries
9.1 The Vice-Chancellor, a panel referred to in subrule 7.4(b) or a prescribed authority may hold an inquiry into alleged misconduct.
9.2 A student may make a statement in writing to the person or panel holding the inquiry or orally at the inquiry in relation to the alleged misconduct.
9.3 At an inquiry, the person or panel holding the inquiry must consider the statement, if any, of the student in relation to the misconduct and any other matters that the person or panel holding the inquiry thinks fit.
9.4 At an inquiry by the Vice-Chancellor, a panel or a prescribed authority, the student must be given the opportunity to comment upon the substantive material in the possession of the Vice-Chancellor, the panel or prescribed authority and upon which the Vice-Chancellor, the panel or prescribed authority intends to rely.
9.5 An inquiry by the Vice-Chancellor, a panel or a prescribed authority must, subject to this rule, be conducted in such manner as the person or panel holding the inquiry determines.
9.6 A person or panel holding an inquiry is not bound to act in a formal manner but may inform themselves on any matter relating to the alleged misconduct as the person or panel thinks just.
9.7 At an inquiry the student may:
(a) appear in person;
(b) present to the inquiry oral or written statements (whether made by the student or another person); and
(c) in addition to, or instead of, appearing in person, furnish to the inquiry a written statement in relation to the alleged misconduct (whether made by the student or another person).
9.8 At an inquiry, the student is entitled to be accompanied by another person who may:
(a) observe the proceedings;
(b) with the express approval of the person or panel holding the inquiry act as an advocate.
9.9 The powers of the person or panel holding an inquiry under this rule may be exercised whether or not the student on whom a notice under subrule 5.5 or 7.6 is given is present at an inquiry held under this rule.
10 Findings and penalties: prescribed authority
10.1 If, after consideration of the matter, the prescribed authority finds that the student has not engaged in misconduct, the prescribed authority must dismiss the allegation.
10.2 If, after consideration of the matter, the prescribed authority finds that the student has engaged in misconduct, the prescribed authority may do one or more of the following:
(a) decide to take no action;
(b) deny the student access to all or any of the facilities of the University or to all or any part of the University premises, or to any activities conducted by or on behalf of the University for a specified period not exceeding 12 months;
(c) reprimand the student;
(d) suspend the candidature or enrolment of the student in a program of study or course in which the student is admitted or enrolled and prohibit the resumption of candidature or enrolment for a period not exceeding 12 months;
(e) determine the conditions under which the student may attend classes or lessons or use any facility of the University; or
(f) if the misconduct involved so warrants, refer the matter to the Vice-Chancellor;
(g) require the student to apologise or take other action the prescribed authority thinks appropriate with a view to mitigating the effect of the misconduct;
(h) accept an undertaking from the student;
(i) notify any relevant professional, government or other organisation or agency of the decision.
10.3 The prescribed authority may, in determining any penalty to be imposed on a student, take into account any other finding of misconduct made in respect of the student and any penalty imposed in relation to that finding.
10.4 If a prescribed authority exercises his or her powers under this rule in relation to a student, he or she must report the action taken and the circumstances relating to it to the Vice-Chancellor as soon as possible after the action is taken.
10.5 However, the suspension of a student’s enrolment may not take effect until any appeal to the Appeals Committee in accordance with the Appeals Rules has been concluded.
10.6 To avoid doubt, denial of access or exclusion from attending an examination or assessment under subrule 10.2 does not, of itself, terminate or suspend a student’s enrolment.
11 Findings and penalties: Vice-Chancellor
11.1 In relation to an inquiry held by the Vice-Chancellor or a panel appointed under subrule 7.4(b), after consideration of the matter, including (where applicable) any report or recommendation by the panel, the Vice-Chancellor may:
(a) find that the student has not engaged in misconduct; or
(b) find that the student has engaged in misconduct.
11.2 If the Vice-Chancellor finds that the student has not engaged in misconduct, the Vice-Chancellor must dismiss the allegation.
11.3 If the Vice-Chancellor finds that the student has engaged in misconduct, the Vice-Chancellor may do one or more of the following:
(a) decide to take no action;
(b) reprimand the student;
(c) deny the student access to all or any of the facilities of the University or to all or any part of the University premises for a specified period, or to any activities conducted by or on behalf of the University;
(d) impose on the student a monetary penalty not exceeding $500 for each occurrence of misconduct to which these Rules apply;
(e) if, as a result of the misconduct:
(i) any property is damaged; or
(ii) a person incurs expense;
order the student to pay to the owner of the property or the person incurring the expense, as the case requires, compensation as determined by the Vice-Chancellor;
(f) determine the conditions under which the student may attend classes or lessons or use any facility of the University;
(g) suspend the candidature or enrolment of the student in a program of study or course in which the student is admitted or enrolled and prohibit the resumption of candidature or enrolment for a period not exceeding 12 months;
(h) exclude the student from the University;
(i) accept an undertaking from the student to attend University Counselling (or another appropriate counselling provider) to address behavioural issues;
(j) notify any relevant professional, government or other organisation or agency of the decision;
(k) determine the conditions under which the student may attend classes or lessons or use any facility or otherwise continue in their studies or research program of the University;
(l) determine that the student should not be granted the relevant award for the program he or she is studying;
(m) recommend to the Council that an award of the University (within the meaning of the Programs and Awards Statute) gained by the student be revoked;
(n) notify any relevant professional, government or other organisation or agency of the decision.
(o) accept an undertaking from the student.
11.4 The Vice-Chancellor may, in determining any penalty to be imposed on a student, take into account any other finding of misconduct made in respect of the student and any penalty imposed in relation to that finding.
11.5 If a person becomes liable to pay to the University a monetary penalty or other amount under this rule, the person must pay to the University the amount specified in the notice given to the student under subrule 13.1, or enter into an arrangement for its repayment satisfactory to the Vice-Chancellor, not later than 20 working days after:
(a) if an appeal is not lodged under the Appeals Rules in relation to the finding giving rise to the liability—the date of the notice; or
(b) if an appeal is lodged under the Appeals Rules in relation to the finding giving rise to the liability—the day on which the decision is given in respect of the appeal.
11.6 Termination of a student’s enrolment may not take effect until any appeal under the Appeals Rules has been concluded.
12 Student undertakings
12.1 If a prescribed authority or the Vice-Chancellor accepts a student’s undertaking under subrule 10.2(h) or 11.3(o)
(a) the prescribed authority or the Vice-Chancellor must ensure that a written copy of the undertaking is provided to the student and the Registrar;
(b) if the student fails to comply with the undertaking, the prescribed authority or the Vice-Chancellor (as is appropriate) may impose a penalty for the misconduct.
12.2 In imposing a penalty under this rule, the prescribed authority or the Vice-Chancellor may take into consideration the failure of the student to comply with the undertaking and the reasons for that failure.
13 Notice of decisions, etc
13.1 The Vice-Chancellor or a prescribed authority who makes a decision under rule 10 or 11 must give the student in respect of whom the decision was made, and the Registrar, written notice containing a copy of a decision under subrule 10.1, 10.2, 11.1 or 11.3 and of the reasons for the decision within 5 working days after the decision is made.
13.2 A notice given under subrule 13.1:
(a) must inform the student that the allegations of misconduct have been considered by the prescribed authority or the Vice-Chancellor, as the case requires;
(b) must detail the substantive material considered by the prescribed authority or Vice-Chancellor;
(c) must, in the case of a decision under subrule 10.1, advise the student that no further action is to be taken in relation to the particular allegations of misconduct that were the subject of the inquiry; and
(d) must, in the case of a decision under subrule 11.1(a), advise the student that no further action is to be taken in relation to the particular allegations of misconduct that were the subject of the inquiry.
13.3 Subject to the relevant provisions of the Appeals Rules, exclusion of a student, or denial of access to facilities or premises or activities of the University under subrule 10.2 or 11.3 continues to have effect notwithstanding that an appeal is lodged under Part 6.
13.4 A notice under this rule of a decision made under subrule 10.2 or 11.3 must set out the right of the student to whom it is addressed to appeal against the decision of the Vice-Chancellor or prescribed authority and tell the student to whom an appeal must be sent.
14 Effect of denial of access
14.1 If, under these Rules, a student is denied access to facilities, premises or activities, the student must not:
(a) use any of the University’s facilities;
(b) enter any part of the premises of the University; or
(c) engage in the activities;
that the Vice-Chancellor, or the person denying access to the student, determines that the student must not enter or use or in which the student must not engage, as the case requires.
15 Exclusion of student
15.1 If, under these Rules, a person is excluded from the University, the person ceases to be a student and, except with the permission of the Vice-Chancellor:
(a) must not be enrolled again; and
(b) must not use any of the University’s facilities or enter any part of the premises of the University that the Vice-Chancellor determines the person must not use or enter; and
(c) must not engage in any activities conducted by or on behalf of the University at the University or at a place other than the University.
Part 5 FAILURE TO MEET OBLIGATIONS
16 Failure to meet obligations by due date
16.1 The Vice-Chancellor may terminate the enrolment of a person as a student, or deny the person access to all or any of the facilities of the University or to all or any part of the University premises or to any activities conducted by or on behalf of the University, or withdraw the rights and privileges to which that person would otherwise have been entitled, if an obligation is not met:
(a) within 10 working days after the due date determined in accordance with a statute or rule or by the Vice-Chancellor, as the case requires; or
(b) within any further period determined by the Vice-Chancellor.
16.2 The termination of the enrolment of a person as a student, or the denial of access of the person to facilities or premises or activities or the withdrawal of a person’s right or privilege under subrule 16.1, does not extinguish any undischarged liability of the person to meet an obligation.
16.3 The Vice-Chancellor must notify the person referred to in subrule 16.1 of the decision.
17 Re-enrolment following suspension
17.1 A person whose enrolment as a student has been suspended may not re-enrol until he or she pays any fees owed by the person under the Fees Rules (including late fees) and agrees to comply with any conditions that the Vice-Chancellor may impose in relation to the revived enrolment.
18 Liability of persons financially supported by third parties
18.1 The Vice-Chancellor may accept an undertaking by a third party to meet, on behalf of a person, an obligation.
18.2 However, a person to whom these Rules apply remains personally liable for the obligation in respect of that person if the obligation has not been discharged by the third party.
19 Sanctions against persons who fail to meet obligations
19.1 Without limiting the generality of rule 16, if a person fails to meet an obligation that he or she is required to meet, the Vice-Chancellor may direct that, while the obligation remains to be met:
(a) the person may not enrol or re-enrol in a program or course at the University; or
(b) the person may not be given a transcript of his or her academic record; or
(c) the person may not be given the results of any assessment in a course or program; or
(d) the person may not receive a degree, diploma, certificate or other award of the University.
19.2 The Vice-Chancellor must notify the person concerned of any relevant direction under subrule 19.1.
Part 6 APPEALS and Call-In
20 Review by the Appeals Committee
20.1 A student may appeal a reviewable decision under the Appeals Rules
20.2 For the purposes of the Appeals Rules, the following are reviewable decisions:
(a) a decision to deny a student access to facilities under subrule 6.1(a);
(b) a finding by a prescribed authority under subrule 10.2 that a student has engaged in misconduct;
(c) a finding by the Vice-Chancellor, in accordance with subrule 11.1(b) that a student has engaged in misconduct;
(d) a decision to impose a penalty for misconduct under subrule 10.2 or 11.3.
Note: The Appeals Rules, provide that a person who is affected by a reviewable decision may, within specified time limits, apply for review of that decision.
21 Vice-Chancellor may call in a case
21.1 If the Vice-Chancellor considers that a reviewable decision, including a penalty that has been imposed, is inappropriate in the circumstances of the case, the Vice-Chancellor may, by written notice, call in the file for reconsideration of the decision or penalty.
21.2 The Vice-Chancellor must:
(a) give a copy of the notice to the student; and
(b) give the student opportunity to be heard in relation to the reasons why the file has been called in.
21.3 A notice under this rule must set out the reasons why the file has been called in.
21.4 After hearing the submissions (if any) made by the student, the Vice-Chancellor may make a decision as if he or she were the original decision-maker.
21.5 A decision made by the Vice-Chancellor operates as if it were made by the original decision-maker, as from the date it is made.
21.6 The Vice-Chancellor must give the student written advice of a decision which has been made under rule 21.4 and the reasons for it.
Part 7 MISCELLANEOUS
22 Nominees
22.1 The Vice-Chancellor may appoint, in writing, a nominee to exercise the powers and perform the functions of the Vice-Chancellor under these Rules.
22.2 A prescribed authority may appoint, in writing, a nominee to exercise the powers and perform the functions of that prescribed authority under these Rules.
22.3 The Registrar may appoint, in writing, a nominee to exercise the powers and perform the functions of the Registrar under these Rules.
23 Multiple processes
23.1 This rule applies where it appears that a student has engaged in conduct that:
(a) may be academic misconduct within the meaning of the Academic Misconduct Rules ; and
(b) may be misconduct within the meaning of these rules.
23.2 Where this rule applies, to enable the review and inquiry processes under the Academic Misconduct Rules to proceed:
(a) a prescribed authority conducting an inquiry under these Rules may suspend that inquiry;
(b) the Registrar or the Vice-Chancellor may suspend a process under these Rules.
23.3 A prescribed authority, the Registrar or the Vice-Chancellor may recommence the inquiry or process if the review and inquiry processes under the Academic Misconduct Rules are completed or if it appears that, in the circumstances, the suspension is not appropriate.
24 Extension of time
24.1 The Registrar may extend a time limit under these Rules.
24.2 In deciding whether to extend a time limit, the Registrar must take into consideration:
(a) the reason why an extension is sought;
(b) the period of extension;
(c) the prejudice, if any, which will be caused by the granting of the extension.
24.3 An extension must be for no longer than is reasonably necessary.
24.4 The power to extend a time limit may be exercised notwithstanding that the time limit has expired.
25 Notices
25.1 For the purposes of these Rules, a notice or communication that is delivered by hand or otherwise sent by email or post to a student in accordance with section 9 of the Interpretation Statute, is regarded as having been given to the student on the date on which the notice was delivered by hand or, if sent by email or post, on the date that it would, in the ordinary course of email or post, have been delivered to the student.
26 Revocation and savings
26.1 The Discipline Rules 2011, as amended and in force immediately before the commencement of these Rules, are revoked.
26.2 The Discipline Rules 2011, as amended and in force immediately before the commencement of these Rules, continue to apply in relation to any decision taken, or proceeding commenced and not concluded, under those Rules before the commencement of these Rules.
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