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The objectives of this policy are to:

(a) ensure that student behavioural standards and expectations are defined and met, including the expectations of students with regard to how they treat others;

(b) ensure that student discipline procedures are transparent, consistent, equitable and fair, and consistent with the principles of natural justice;

(c) identify responsibilities and accountabilities for decisions and processes;

(d) define an appropriate, proportionate and consistent framework of penalties which may be imposed for substantiated misconduct;

(e) ensure that decision-making on misconduct is undertaken at appropriate levels of responsibility within the University; and

(f) provide direction for the membership of committees formed to consider student misconduct.

2.1. This policy applies to students while on University premises, using University facilities and services, or engaging in University activities. It provides a framework for managing complaints about student conduct, including complaints made under section 5.10 of the Sexual Misconduct and Prevention Policy (MPF1359).

2.2. This policy does not include alleged academic misconduct or research misconduct, which are considered under the Student Academic Integrity Policy (MPF1310) and the Research Integrity and Misconduct Policy (MPF1318).

2.3. This policy does not apply to procedural issues and disputes within student clubs, which are considered under the club’s rules by the clubs and, where appropriate, the University of Melbourne Student Union.

2.4. This policy does not apply to conduct within online communities, social networking groups or clubs unless one or more of the students involved is on University premises, using University facilities and services, or engaging in University activities.

This policy is made under the University of Melbourne Act 2009 (Vic) and the Vice-Chancellor Regulation.

4.1. The Student Charter sets out key principles underpinning the relationship between students and the University, and informs the policy principles described in section 4.2.

4.2. While on University premises, using University facilities and services, engaging in University activities and interacting with other members of the University community, students must conduct themselves in a manner consistent with the standards of behaviour that promote the good order and management of the University. Accordingly, students must:

(a) make themselves aware of and comply with University statutes, regulations including Part 6 of the Vice-Chancellor Regulation, policies, rules and procedures concerning their enrolment, studies and conduct at the University;

(b) supply accurate personal and other information to the University according to the deadlines set by the University;

(c) treat staff and other students with respect and courtesy;

(d) comply with the Appropriate Workplace Behaviour Policy (MPF1328) and the Sexual Misconduct Prevention and Response Policy (MPF1359) where relevant and treat others fairly and equitably, and not engage in sexual misconduct, harassment, bullying or discriminatory behaviour;

(e) respect the rights of other members of the University community to express dissent or political or religious views, provided the views and conduct accord with Australian laws and the regulatory framework of the University, including, but not limited to, the Freedom of Speech Policy (MPF1342);

(f) behave respectfully towards people of all cultural backgrounds;

(g) respect the rights of others to hold opinions, assemble or protest peacefully, and engage in appropriate and measured debate and communication where differences of opinion occur;

(h) respect all University property and facilities, including the library, computing and laboratory resources, and respect the rights of others to use these facilities;

(i) take reasonable steps to secure their personal property whilst on University premises;

(j) not engage in unreasonable complainant conduct;

(k) conduct themselves in a professional manner in classes and while undertaking professional placements and fieldwork;

(l) respect the rights and sensitivities of other people when accessing personal information for, or using information gained through, study or related administrative activities. To this end, students may not take photographs, video or audio recordings of meetings, lectures, tutorials, rehearsals, performances or practical classes without the express permission of the staff member supervising the activity (or the subject coordinator) and the written permission of any identifiable individuals, their legal guardians, or the legal owner of any animal appearing on the recording. In addition to the requirements above, for such recordings to be made within classes and clinical or hospital settings in which University teaching and/or assessment occurs, express written permission of the relevant dean must be obtained; and

(m) provide considered and honest feedback to the University and its staff on the quality of learning and teaching and University services.

4.3. Failure by a student to meet expected standards of behaviour may be dealt with as student general misconduct and the student may be subject to disciplinary action.

4.4. Student general misconduct has the meaning given to it in Part 6 of the Vice-Chancellor Regulation.

4.5. The University follows transparent, fair and timely processes for addressing allegations of student general misconduct in accordance with principles of natural justice, ensuring that all parties are treated equally and fairly.

4.6. Students and staff who make an allegation of student general misconduct are given the opportunity to formally present their cases. No person will suffer any discrimination or reprisal as a result of raising an allegation in good faith.

4.7. University staff who are responsible for investigating an allegation of student general misconduct must reach conclusions based on a fair hearing of each point of view and must respect the privacy and confidentiality of all parties to the extent lawfully allowable.

4.8. Penalties for student general misconduct are applied in accordance with Part 6 of the Vice-Chancellor Regulation.

5.1. Any person, or group of persons, may make an allegation of student general misconduct to the Academic Registrar.

5.2. The Academic Registrar must consider allegations of student general misconduct.

5.3. Where a University employee has been authorised to act for the Academic Registrar, the authorised person must notify the Academic Registrar of every allegation of student general misconduct and of the decision that the authorised person made in relation to it.

5.4. If the Academic Registrar decides that it is more appropriate for an allegation of student general misconduct to be investigated by another senior officer, the allegation must immediately be referred by the Academic Registrar or the authorised person to that other senior officer.

5.5. In some cases, an allegation of student general misconduct may be made while the student is already engaged in an unsatisfactory progress process in accordance with the Academic Progress Review Policy (MPF1291). Unsatisfactory academic progress has the potential to lead to the termination of a student’s enrolment. In that instance, the Academic Registrar may defer consideration of whether the misconduct matter ought to be referred to the student discipline committee for investigation until the resolution of the unsatisfactory academic progress matter.

5.6. The Academic Registrar may determine that an educative response to an allegation of student general misconduct is appropriate provided:

(a) it appears that the behaviour or action of the student may have been unintentional; and/or

(b) where what appears to be student general misconduct is minor and thus an educative response would be more appropriate; and

(c) the student has not previously had an allegation of student general misconduct made against them.

5.7. Where an educative response is chosen, the Academic Registrar must alert the student in writing:

(a) that the conduct, while inappropriate, is not deemed to be student general misconduct, and that an educative response will be offered to raise awareness of the University’s behavioural expectations of its students; and

(b) that the consequences of not meeting the University’s expectations in relation to student conduct in future may include a finding of student general misconduct and may lead to any of the available penalties for student general misconduct, including termination of enrolment.

5.8. If the Academic Registrar determines that an allegation of student general misconduct should be investigated, the Academic Registrar must, within 10 business days of the allegation being brought to their attention:

(a) refer the matter to a case manager to assess whether the conduct may be more appropriately considered under another University policy or process; or

(b) refer the matter to the student discipline committee for determination in accordance with this policy; and

(c) provide a notice to the student in accordance with section 5.9.

5.9. Where an allegation of student general misconduct against a student is to be investigated, the Academic Registrar must provide the student with a written allegation notice:

(a) setting out the regulations and policies which are alleged to have been breached, as well as all relevant allegations of fact, action or omission in support of the allegation;

(b) attaching copies of any primary supporting documents relating to the alleged misconduct;

(c) offering the student an opportunity to:

i. provide in writing an explanation or submission or evidence in response to the allegation no less than 24 hours prior to the matter being heard by the discipline committee; and/or

ii. be heard by the discipline committee in relation to it,

(d) referring the student to the provisions of the relevant regulation and policy; and

(e) advising the student:

i. of the student’s right to a support person:

ii. of the provisions of section 4.7; and

iii. that they may seek independent advice from the Student Union Advocacy Service.

5.10. If a student wishes to take up any of the opportunities set out in the allegation notice the student must notify the secretary of the discipline committee in writing accordingly within 5 business days after receipt or deemed receipt of the allegation notice.

5.11. Within 10 business days of receipt of the allegation notice detailed in section 5.9, the committee secretary must inform the student of the names of the members of the discipline committee that will investigate the allegation of misconduct.

5.12. If no notice requiring a hearing is given by the student, or if the student declines to attend the hearing, the committee will proceed to consider the allegation, including the conduct of a hearing if deemed necessary or appropriate by the committee, in the absence of the student.

5.13. The secretary of the committee must convene a meeting of the student discipline committee to determine the allegation of misconduct within 20 business days after receipt of the allegation notice by the student. The Academic Registrar may extend this time limit in cases where a person is appointed to undertake a fact find investigation, or similar, prior to the discipline committee meeting.

5.14. The committee must give the student the opportunity to be heard as notified by the student. If the student requires a hearing, they must be given at least 5 business days’ notice of the time and, where the hearing is conducted in person, the place, or where the hearing is to be conducted online, the method and/or technology to be used.

5.15. Any additional documents relating to the alleged student general misconduct that could not be provided with the allegation notice must be received by the student no less than 5 business days prior to the committee meeting. Otherwise the committee cannot consider these documents.

5.16. The committee meeting may be convened at any time of the calendar year. However, the student and the chair of the committee may agree in writing at any time to extend or shorten the time limits or to reschedule the date, time and place for any meeting of the committee.

5.17. The chair of the committee may, as the case requires, adjourn and reconvene any meeting of the committee.

5.18. The student discipline committee is appointed by the Academic Registrar and comprises the following members:

(a) The Chair who must be a senior member of the academic staff or a member of the professional staff at UOM10 or above;

(b) a senior member of the academic staff or a member of the professional staff at UOM10 or above. The staff member cannot be from same faculty as the member appointed under section 5.18(a);

(c) a student nominated by the recognised student organisation who has received appropriate training recognised by the Academic Registrar.

The student discipline committee cannot include the person who referred the allegation to the Academic Registrar. 

5.19. Notwithstanding requirements set in section 5.18, the Academic Registrar or the Chair of the committee may vary the composition of a student discipline committee by appointing under section 5.18(c) a senior member of the academic staff or a member of the professional staff at UOM10 or above. The staff member cannot be from same faculty as the member appointed under section 5.18(a) or (b).

5.20. The student may bring a support person to the student discipline committee meeting in accordance with section 26(4) of the Vice-Chancellor Regulation.

5.21. The support person 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 at the chair’s discretion, if the support person disrupts or unreasonably impairs the conduct of the hearing.

5.22. In determining an allegation of student general misconduct, the committee:

(a) may follow any procedure it considers appropriate and make any enquiries it believes to be relevant;

(b) is not bound by legal rules of evidence or other technicalities or legal forms, and may inform itself in relation to any matter in any manner it thinks fit;

(c) must act fairly in all the circumstances, having regard to the requirements of natural justice;

(d) make a decision based on the evidence before them that it is more probable than not that:

i. the allegation is proved or not proved; and/or

ii. a proposition is true or false;

(e) balance the rights of the individual student with the need for fair and impartial decision-making for all students;

(f) preserve the expectations and standards of student conduct on behalf of the University;

(g) be scrupulously honest and exercise all due care and diligence in the performance of their duty;

(h) avoid any action which could affect their judgement when dealing with committee matters; and

(i) treat each other and other members of the University community with professionalism, courtesy, confidentiality and respect;

(j) not improperly influence other committee members;

(k) may not consider prior findings of student general misconduct when deciding whether to uphold an allegation of misconduct;

(l) must inform the student of the evidence it intends to consider in making its decision and give the student the opportunity to present their case and to respond to any relevant evidence or allegations orally and/or in writing; and

(m) can at any time co-opt persons onto the committee to advise or participate in any way that it considers appropriate.

5.23. The committee may, at any time:

(a) refer any matter initiated under this policy to be dealt with under another University policy, process or Regulation as appropriate; and

(b) stop any actions commenced under this policy.

5.24. The student discipline committee must determine the severity of the alleged student general misconduct to inform the most appropriate next steps.  This determination is dependent on the nature and circumstances of the alleged misconduct, and following process-related questions may be considered in line with section 5.22:

5.25. The committee must either dismiss or uphold each allegation of student general misconduct.

5.26. The committee must dismiss an allegation of student general misconduct unless a majority of the members of the committee is satisfied that the allegation has been upheld.

5.27. Where the committee upholds an allegation of student general misconduct, it may impose a penalty on the student in accordance with Part 6 of the Vice-Chancellor Regulation. The committee hearing the matter may also consider any relevant appropriate penalty guidelines published by the Principal Advisor, Student Grievances and Complaints.

5.28. Within three business days of any decision being made under clause 5.22:

(a) the student must be provided with:

i. written notice of the terms of the decision;

ii. any penalty imposed or recommended; and

iii. the right to appeal under section 5.46; and

(b) the Academic Registrar must be provided with a copy of the notice.

5.29. The Academic Registrar may recommend that the Vice-Chancellor makes a Suspension Order in accordance with section 29 of the Vice-Chancellor Regulation.

5.30. The Academic Registrar supports the Vice-Chancellor in determining, managing, imposing and implementing a Suspension Order.

5.31. If the Academic Registrar becomes aware that an allegation of student general misconduct involves possible criminal conduct, the Academic Registrar must request advice from the University’s General Counsel.

5.32. General Counsel, within two business days of the request in 5.31, may:

a) stop student disciplinary proceedings where the alleged student general misconduct involves possible criminal conduct;

b) advise the Academic Registrar to proceed with matters as a Suspension Order in accordance with section 29(4) of the Vice-Chancellor Regulation; or

c) advise the Academic Registrar to manage matters as student general misconduct providing communication of outcomes are approved by the General Counsel.

5.33. In the case of 5.32.(b) or (c) the Academic Registrar must include on any record documenting the outcome of the student general misconduct disciplinary proceedings that the findings have been made on the balance of probabilities and do not constitute findings for the purposes of criminal law.

5.34. While a Suspension Order applies to a student, the Academic Registrar must not initiate or use student disciplinary proceedings for the same matter.

5.35. Any notice to a student for the purposes of this policy is sufficient if it is in writing and is emailed to the student’s email accounts that is registered in the University student system.

5.36. A notice is deemed to have been received on the same day that it is sent by email.

5.37. A copy of any notice sent to a student must be retained by the University in such form as the Academic Registrar may prescribe.

5.38. The Academic Registrar may exercise their discretion to extend any of the time limits or times prescribed for the taking of any actions or steps referred to in this policy for such period or periods and on such terms the Academic Registrar deems appropriate.

5.39. A person or committee exercising any power or carrying out any function under this policy may use such administrative and professional assistance and support as is reasonable to facilitate the exercise of such powers or functions.

5.40. Where a committee upholds an allegation of student general misconduct against a student, it may apply a penalty in accordance with Part 6 of the Vice-Chancellor Regulation.

5.41. Where, in accordance with Part 6 of the Vice-Chancellor Regulation, the committee refers a matter to the Vice-Chancellor, the Vice-Chancellor must have regard to the terms of the decision and the recommendation of the committee. The Vice-Chancellor is not required to accord a hearing to the student before imposing a penalty. The Vice-Chancellor may:

(a) accept the recommendation and terminate or suspend the student’s enrolment (as the case requires);

(b) 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;

(c) 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

(d) refer the matter back to the committee with a recommendation that it impose one or more of the penalties referred to in Part 6 of the Vice-Chancellor Regulation.

5.42. Where the Vice-Chancellor refers a matter back to the committee, the committee must consider the recommendation made by the Vice-Chancellor, and within the next 5 business days, impose one or more of the penalties referred to in Part 6 of the Vice-Chancellor Regulation.

5.43. While any penalty imposed in accordance with this policy remains outstanding, unfulfilled or unpaid, or while a student is suspended or excluded due to undischarged penalties, the student must not, without the written consent of the Vice-Chancellor:

(a) enrol;

(b) attend any classes;

(c) receive any results of assessment;

(d) graduate or receive a degree, diploma or any certificate stating that the student is qualified to graduate or receive a degree or diploma in the University;

(e) receive a certificate of academic record; or

(f) access the University’s library or computing and network facilities.

5.44. Where any penalty imposed takes some time to discharge, the Vice-Chancellor may provide written consent for the student to engage in specific activities in section 5.43.

5.45. While a student is suspended the student must not, without the written consent of the Vice-Chancellor:

(a) attend any classes, including classes conducted online;

(b) sit any examinations;

(c) submit any work for assessments

(d) gain any credit; or

(e) access the University’s library or computing and network facilities.

5.46. While a student is excluded the student must not:

(a) attend any classes relating to any subject or group of subjects from which the student has been excluded, including classes conducted online;

(b) sit any examinations relating to any subject or group of subjects from which the student has been excluded;

(c) submit any work for assessment in any subject or group of subjects from which the student has been excluded;

(d) gain any credit for work submitted in any subject or group of subjects from which the student has been excluded; or

(e) seek access to, enter upon or otherwise use or enjoy any University premises, facilities, activities, subjects, tutorials or incidents of University life specified in any notice of exclusion issued in accordance with the terms of this policy.

5.47. A student is not entitled to receive any credit for any studies undertaken 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.

5.48.  A student’s enrolment must be 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.

5.49. The Vice-Chancellor may, at the Vice-Chancellor’s 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.

5.50. No fees paid by a student relating to any period of suspension or exclusion are refundable.

5.51. Appeals against a decision made under this policy must be made in writing to the Academic Secretary in accordance with the Student Appeals Policy (MPF1323). 

5.52. Any person or committee who exercises any power or carries out any function under this policy or hears any appeal must treat the matter in the strictest confidence, except where necessary for the discharge of that person’s or committee’s responsibilities under to this policy or as otherwise required or permitted by law.

5.53. The Academic Registrar must keep a record of all:

(a) findings of student general misconduct; and

(b) penalties imposed in respect of such findings.

5.54. The records form part of the student’s disciplinary record and must form part of a student’s file which will be made available to persons within the university or outside the university in accordance with the university’s privacy policy. The disciplinary record does not appear on the academic transcript.

5.55. Prior records may be considered for the purposes of assessing what penalty, if any, should be imposed or recommended under the provisions of this policy and the Vice-Chancellor Regulation in any case where an allegation of misconduct has been upheld or confirmed against a student.

Definitions in the University’s Statute and Regulations apply.

Academic Registrar means the office holder duly appointed with that title, or with a title including that term, and includes a person duly appointed to act in the place of that officeholder for the time being.

affiliated educational establishment means an educational or residential establishment affiliated with the University where such educational establishment constitutes a school or department of the University.

computing and network facilities means computers, computer systems, data network infrastructure, dial‐in network access facilities, email and other communications and information facilities together with associated equipment, software, files and data storage and retrieval facilities, all of which are owned or operated by the University and form part of the central facilities or the local facilities.

exclusion means, except where the context indicates otherwise, denial of access to all or specified university premises, facilities, services, activities, subjects, lectures or tutorials and “exclude” and “excluding” have a corresponding meaning.

facilities include University computing and/or network facilities.

harassment means any unwelcome behaviour that offends, humiliates or intimidates a person.

natural justice or procedural fairness means that a person receives a fair and unbiased hearing before a decision is made that will impact on their rights or interests.

premises means land or buildings.

senior member of the academic staff means an academic staff appointed at the classification level C or above.

senior officer has the meaning given to it in Part 6 of the Vice-Chancellor Regulation.

student in this policy has the meaning given to it in Part 6 of the Vice-Chancellor Regulation.

subject means a subject offered on an assessed or a non-assessed basis.

suspension has the meaning given to it in Part 6 of the Vice-Chancellor Regulation.

termination has the meaning given to it in Part 6 of the Vice-Chancellor Regulation.

University has the meaning given to it in Part 6 of the Vice-Chancellor Regulation.

University community has the meaning given to it in Part 6 of the Vice-Chancellor Regulation.

Unreasonable complainant conduct means any behaviour by a current or former complainant which, because of its nature or frequency raises substantial health, safety, resource or equity issues for the University, its employees, other service users and complainants or the complainant himself/herself. Unreasonable complainant conduct includes unreasonable persistence, unreasonable demands, unreasonable lack of cooperation, unreasonable arguments and unreasonable behaviours.  Unreasonable complainant conduct does not preclude there being a valid issue.

Provost

Principal Adviser, Student Grievances and Complaints

This policy is to be reviewed by 21 November 2021.