Guidelines for Staff
Academic Misconduct
- "academic misconduct" is defined in Section 13.1.1.
- Allegations of academic misconduct are made to the relevant dean, as defined in Section 13.1.10. There is no restriction on who can make an allegation of misconduct. A dean has a discretion whether or not to proceed. (Section 13.1.10(3)).
- Deans have the power to delegate their functions and powers under the Discipline Statute. (Section 13.1.2). Any such incidence of delegation must be notified to the Academic Registrar. Standing delegations should be reported to the Academic Board. Note that if a dean has delegated his or her authority to another person, that person must advise the dean of every allegation of academic misconduct made and the decision in relation to it. (Section 13.1.10(4)).
- If the dean decides to proceed, an academic misconduct committee of three must be convened to hear the allegations. The composition of the Committee will depend on whether the student is a graduate or an undergraduate student and whether the student is enrolled in a course pertaining to a faculty, the School of Graduate Studies or otherwise. (Section 13.1.10(6)).
- If a dean decides to proceed, the student must be given an allegation notice and the opportunity to attend a hearing. Details of the information to be included in an allegation notice are set out in Section 13.1.10(5)(b).
- The various time limits are set out in Section 13.1.10(5),(7) and (8). You should note that the student and the senior officer may agree in writing to extend time limits and to reschedule hearings. (Section 13.1.10(9)).
- If a student elects to be heard in response to an allegation, the student is entitled to have a support person present at the hearing. (Section 13.10(10)). Note that there are restrictions on who the support person may be, that it cannot be a qualified legal practitioner unless the chair of the committee permits and that the support person has no right to be heard except with the permission of the chair. Generally legal practitioners are discouraged at an initial hearing as an effort is made to keep proceedings informal.
- It is important that the rules of natural justice and procedural fairness are observed during the hearing. Staff should speak to the Academic Registrar prior to a hearing for guidance on procedure during the hearing including taking notes, allowing students every opportunity to put their case and when to adjourn - if, for instance, there is a need to consider a decision or penalty or if the student requires time to produce further evidence.
- The penalties which may be imposed are set out in Section13.1.11(1)(a). If the committee believes that a student's enrolment should be suspended or terminated, the committee must refer the matter to the vice-chancellor with an appropriate recommendation. (Section 13.1.11(1)(d) and (e)).
- Within three working days of a decision, the student must be given written notice of the terms of the decision, the penalty and the right to appeal. (Section 13.1.10(14)).
- Sections 13.1.16 and 13.1.17 set out the consequences of a student having an undischarged penalty or being suspended or excluded.