Guidelines for Staff
General Misconduct
General misconduct (previously breach of discipline or good order) is defined in Section 13.1, which includes an expanded list of examples of behaviour constituting general misconduct. New examples include paragraph (h), concerning breach of any of the University's statutes or regulations, paragraph (m) concerning failure to supply name, address and evidence of identity and paragraph (p) concerning inciting another person to engage in general misconduct.
Staff should note that the statute now expressly covers misconduct by a group of which a student is part. (Section 13.1.1(3)).
There is a wide definition of "student" which specifically includes students on leave of absence.
In essence:
1. Allegations of general misconduct are made to a senior officer. (Section 13.1.5). There is no restriction on who can make an allegation of misconduct.
2. Senior officer is defined in Section 13.1.1
3.1. A senior officer has discretion whether or not to proceed (sub-section 13.1.5(1)).
If the misconduct would be adequately dealt with under one of the University's policies- for instance, the Occupational Health and Safety Policy, the Sexual Harassment Policy and the Computing and Network Facilities Policy, it should be dealt with under those policies unless the actions are such that the penalties imposed under those policies are not commensurate with the seriousness of the breach of discipline. In these cases Statute 13.1 should be applied.
Where an allegation involves IT, the senior officer should approach
the IT abuse service who will advise whether the matter falls within
its jurisdiction under Regulation 8.1- University Computing and Network
Facilities. Contact should be made via email to:
IT_abuse@unimelb.edu.au.
3.1. A senior officer may refer the allegation on to another senior officer if he or she believes it would be more appropriate for that senior officer to investigate it. Section 13.1.5(2). Staff should note that particular senior officers have powers to impose wider penalties than others. (Section 13.1.7(5)).
For instance, while all senior officers have the power to exclude students from library and computing and network facilities for a period not exceeding 28 days, the Vice-Principal (Information) has power to remove such rights permanently or for any period. Accordingly, if there is a serious IT breach outside the scope of Reg 8.1, the appropriate senior officer is likely to be the Vice-Principal (Information).
Other senior officers with powers to impose particular penalties include the Principal of Medley Hall, the Warden of International House, the Director of the Sport and Physical Recreation Centre, the General Manager of MUSUL and the Dean of the Institute of Land and Food Resources (for non-Parkville ILFR campuses). Each has power to exclude from the premises and facilities for which they have particular responsibility and to exclude vehicles from those premises. Where misconduct occurs in or in the vicinity of premises for which such officers are responsible, it may be appropriate to refer the matter to them.
4. Once a senior officer 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 and the various time limits are set out in Section 13.1.6. You should note that the student and the senior officer may agree in writing to extend time limits and to reschedule hearings. (Section 13.1.6(4)).
5. 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 13.6(6)). Note that there are restrictions on who the support person may be, that it cannot be a qualified legal practitioner unless the hearing officer permits and that the support person has no right to be heard except with the permission of the hearing officer. Generally legal practitioners are discouraged at an initial hearing as an effort is made to keep proceedings informal.
6. 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.
7. The penalties which may be imposed are set out in Section13.1.7(1)(a). If you consider that they are inadequate or inappropriate, you may, after the hearing, refer the matter to the vice-chancellor for the imposition of a penalty. (Section 13.1.7(1)(b)).
The vice-chancellor is empowered to impose more severe penalties than other senior officers. (Section13.1.7(2)). Only the vice-chancellor has the power to exclude a student from all or specified University premises, facilities and the like and to suspend or terminate a student's enrolment. Note that if you refer a matter to the Vice-Chancellor for penalty, you must make a recommendation as to the appropriate penalty.
8. The statute introduces the new concept of "University service work". This allows a student to enter in to a University service work agreement to perform a specified number of hours of university service work in lieu of a monetary or other penalty. Note that the University and the student must both agree that this is acceptable. Details of the process are set out in Section 13.1.9.
It is expected that this option will be used for instance where payment of a fine would result in hardship to a student. The work is expressed to be voluntary work but, the greater the penalty, the larger the number of hours which should be worked. Contact the Academic Registrar for the current appropriate hourly conversion rate eg $20 per hour.
9. 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 13.1.6(11)).
10. Sections 13.1.16 and 13.1.17 set out the consequences of a student having an undischarged penalty or being suspended or excluded.