Student Discipline Statute 13.1 - Guidelines for Students
A new, substantially revised Statute 13.1 - Student Discipline comes into operation on 26 July, 2004 - the beginning of Semester 2. The Statute is on the University website at www.unimelb.edu.au/ExecServ/Statutes/index.html. The following broad guidelines to the operation of the statute need to be read in conjunction with the statute itself.
The Discipline Statute covers general misconduct, academic misconduct and appeals.
Both "general misconduct" and "academic misconduct" are defined in Section 13.1, with the definition of general misconduct containing a list of examples of behaviour which constitutes general misconduct. Students should note that the statute expressly covers misconduct by a group of which a student is part. (Section 13.1.1(3)).
In order for action to be taken against a student under the Discipline Statute an allegation of misconduct must be made against a student to a "senior officer" (defined in the Statute) for general misconduct and to the "relevant dean" for academic misconduct.
If it is decided that an allegation merits investigation, the student will be provided with an allegation notice. Time limits and procedures for notices and hearings are spelled out in detail for general misconduct, academic misconduct and appeals.
If you receive an allegation notice you should make sure that you respond within the required time periods in order to take advantage of opportunities to provide written or oral explanations or to request a hearing or an appeal.
You should note that the statute contains provision for extending time limits if the student and the relevant member of University staff agree in writing.
If you elect to be heard in response to an allegation or an appeal, you are entitled to a support person present at the hearing. Your support person must be nominated at least 24 hours before the hearing. Note that there are restrictions on who the support person may be. The University will ensure that the rules of natural justice are observed during any hearing.
The various penalties which may be imposed for general and academic misconduct are set out in the statute. Penalties include reprimand, fine, exclusion (eg from classes, facilities or the whole University), suspension of enrolment, termination of enrolment and, for academic misconduct, deprivation of credit for a subject.
A student may request 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 imposed for general misconduct. 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.
Sections 13.1.16 and 13.1.17 set out the consequences of a student having an undischarged penalty or being suspended or excluded.
A student is entitled to appeal as of right against findings of and penalties for general and academic misconduct. On appeal, the University is not entitled to increase any period of suspension or impose any penalty on the student which is more onerous that the original penalty, but may reduce the penalty.
Nothing in the statute is intended to preclude a student from exercising any right to external review or any decision.
External avenues of appeal including the Ombudsman are generally approached as a last resort. If you have not followed the steps laid down in the relevant University procedures, the Ombudsman and other offices may request that you do so before accepting your complaint.
You should contact the Academic Registrar's Office (tel: 83449667) if you have any queries or concerns in relation to the statute.