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The current, official version of this policy and associated procedures is maintained on this Policies and Procedures Database. Printing this policy or transferring it into another electronic format will result in the document being an uncontrolled copy which might not be current.
 

Regulation 16 - Student Discipline

 
Policy and Scope
Procedure
Responsibilities
Forms
Related Materials
Status
 

Policy:

Purpose

 

The purpose of this regulation is to make provision for certain matters relating to student

discipline.

 

In implementing this regulation and the associated Procedures for dealing with:

  1.  Academic Misconduct (Higher Education Students) – Section 9 Assessment and Appeals Policy and Procedures – Higher Education
  2. Academic Misconduct (TAFE students) - Section 10 Assessment and Appeals Policy and Procedures - TAFE
  3. Policy for the Conduct of Research
  4. Research Higher Degrees
  5. General Misconduct - Policy and Procedures relating to General Misconduct

the University will at all times act in accordance with due process and in accordance with the principles of natural justice, these being:

 

  1. that the person affected by a disputed matter be given the right to present their case including the opportunity to be heard, be provided with adequate notice of the allegations and the procedures to be used; and
  2. that members of the decision making body be free of bias and perceived bias or other personal interest in the outcome and that these principles are incorporated within a clearly defined procedural framework.

 

Scope

This regulation applies to all Swinburne students, including students participating in a study tour. It should be noted, however, that Swinburne students studying in another institution as part of an exchange or study program will normally be subject to the regulations/procedures of the host institution.

A student commits a breach of discipline if the student engages in actions prejudicial to the good order and discipline of the University. This regulation applies, but is not limited to, the following acts:

 

1.         General Misconduct

 

(a) disruption of teaching, tutorials, lectures, periods of instruction or other learning-based activities;

(b) destruction, defacing, damage to or inappropriate use of University or personal property;

(c) theft of University property or personal property;

(d) assault and/or physical obstruction;

(e) oral, written and/or physical intimidation, including (but not limited to) stalking; where there is adverse or disruptive behaviour as a result of being under the influence of alcohol or illegal substances (drugs);  

being in possession of illegal substances;

(g) falsification of University official files;

(h) forging University documents or academic records or submission of other fraudulent documentation to the University;

(i)  breaches of student network discipline including the Information Technology Systems Access and Use Policy; and

(j)  any other behaviour which significantly obstructs or interferes with the business of the University. 

 

2.         Academic Misconduct

 

Matters of assessment and examination discipline, including:

  1. the unauthorised use or attempted use by or for any student of any means to gain unfair advantage in any examination, test, assignment, essay, performance, exhibition, or other work, the marks for which form part of the final assessment. It includes any action taken by a student which would constitute an unfair advantage or fraudulent attempt to demonstrate competency in an examination or assessment context;
  2. an action by a student which is in breach of any directions issued by the Examination Room Supervisor, printed on the examination material or notices or specified by these Procedures. This includes taking into an examination any material with the intention of using said material to obtain an unfair advantage;
  3. plagiarism Assessment and Appeals Policy and Procedures – Higher Education  (in definitions section ) and Assessment and Appeals Policy and Procedures - TAFE  (in definitions section )

 

3.         Whilst the following may incorporate issues relating to discipline, such issues are dealt with under provisions specific to the policy concerned:



(a)

compliance with attendance requirements as documented in the University's course and subject outlines;

(b)

complaints pertaining to academic expertise and judgement which are dealt with in Clause 11 “Other Academic Issues” in the Assessment and Appeals Policy and Procedures – Higher Education  procedure and Clause 11 “Other Academic Issues” in the Assessment and Appeals Policy and Procedures - TAFE  procedure (see Related Material) ,Research Higher Degrees, Policy for the Conduct of Research

.

(c)

breaches of library practices and procedures which are dealt with under "Library Regulations and Conditions of Use"

(d)

general grievance procedures for students which are dealt with in the “General Grievance Procedures for Students”

(e)

discrimination, which is dealt with in the “Anti-Discrimination Policy and Procedures” , Victorian Equal Opportunity Act and Commonwealth Sex Discrimination Act;

(f)

sexual harassment which is dealt with under the University's Sexual Harassment Policy and Procedures

(g)

compliance with occupational health and safety standards;

(h)

work placement infringements;

(i)

parking infringements; and,

(j)

bullying.

 

4.         It is also recognised that in circumstances of extreme emergency, where the safety of personnel or property is at risk, recourse to policies and procedures other than or in addition to this Regulation and the associated Procedures may be necessary.  The following are examples of such policies:

  1. Occupational Health and Safety
  2. Emergency Management
  3. Emergency Procedures
  4. General Misconduct Policy and Procedure

 

Authorising Provision

This regulation is made under University Statute 16 - Disicpline.