Student Discipline Rules

1.      Definitions

In these Rules:

Hearing a case       and similar expressions may include a hearing by email or teleconference in the case of off-campus and/or off-shore students;

In the University     and similar expressions include any place where a student is under the auspices of the University;

Student                    means any person who is enrolled in a program of studies leading to an award of the University or who is duly authorised to attend classes in the University.

2.      Meaning of Student Misconduct

(1) In these Rules:

Misconduct means conduct on the part of a student:

(a)  which impairs the reasonable freedom of other persons to pursue their studies, research, duties or lawful activities in the University or to participate in the life of the University; or

(b)  which is otherwise detrimental to the proper conduct of the University or causes damage to University property.

(2) Without limiting the generality of the definition in subclause (1), Misconduct includes the following:

(a)  wilfully disrupting any teaching, study, assessment or research activities or the administration of the University;

(b)  wilfully obstructing any officer or employee of the University in the performance of his or her duties;

(c)  wilfully damaging or wrongfully dealing with any property under the control of the University; any property on University premises; or property on a location where a student is present under the auspices of the University;

(d)  disobeying or failing, without reasonable cause, to observe any provision of the By-Law, or any rule made by the Council or of any resolution of the Council of which students have been duly notified;

(e)  disobeying, without reasonable cause, any instruction of an officer or employee of the University, including failing to leave any building or part of a building when directed to do so;

(f)   withholding relevant information or furnishing false or misleading information for purposes connected with academic progression or enrolment or proposed enrolment as a student, whether such withholding or furnishing of information takes place before or after the person becomes a student of the University;

(g)  contravening any rule made by the Council in relation to the conduct of written assessment;

(h)  acting dishonestly or unfairly with respect to:

(i)  the preparation or presentation of any essay, project, thesis or other work to be assessed; or

(ii) any examination conducted by or in the University;

(i)   assaulting a person on University premises. 

3.      Interim Suspension

(1)  If, in the opinion of the Vice-Chancellor, the circumstances of an alleged act of misconduct on the part of a student are such that immediate suspension of the student is necessary in the interests of the University, the Vice-Chancellor may suspend the student from the University and its precincts until the student’s case is determined.

(2) When a student has been suspended under this clause, the hearing of the student's case must begin as soon as possible and, in any event, within four weeks after the student was suspended.

(3) The suspension of a student under this clause may be lifted by the Vice-Chancellor or by the Council at any time whether or not the case has been dealt with to finality.

4.      Proceedings for Misconduct

(1)   An allegation of misconduct on the part of a student may be referred to the Vice-Chancellor.

(2)   The Vice-Chancellor may:

(a) hear and determine any case of alleged misconduct; or

(b) refer the case to the Discipline Committee; and

(c) direct that a student not be eligible to graduate until the matter is resolved.

(3) After hearing a case, the Vice-Chancellor hearing the matter alone may:

(a) dismiss the case; or

(b) fine the student a sum not exceeding $200; and/or

(c) exclude a student from the University for a period not exceeding four weeks; and/or

(d) impose such other penalty as is deemed appropriate.

(4)  With regard to University policy on gender balance, the Discipline Committee shall consist of:

(a) the President, or in the event that the President is unavailable, the Deputy President of Academic Senate (Chair); and

(b)

(i) in the case of a student enrolled at the Callaghan Campus, the President of Newcastle University Students' Association or a nominee; or

(ii) in the case of a student enrolled at the Central Coast Campus, the President of the Central Coast Campus Students' Union or a nominee; or

(iii) in the case of a postgraduate student, the President of the Newcastle University Postgraduate Students' Association or a nominee; and

(c) a Professor of the Faculty which conducts the program in which the student is enrolled, nominated by the Pro Vice-Chancellor of the Faculty; and

(d) a Professor of a Faculty, other than that in (c) above, nominated by the Deputy Vice-Chancellor.

At the discretion of the Chair of the Discipline Committee or upon request from the student against whom the allegation has been made, the Discipline Committee may be supplemented by the Deputy Executive Dean or an Assistant Dean of the relevant Faculty, as determined by the Pro Vice-Chancellor.

(5)  Notwithstanding the provisions in Clause 4 above, if any member of the Discipline Committee has already been involved with the allegation of misconduct to be heard, that person shall not participate in the Committee's deliberations. In such a case the Deputy Vice-Chancellor shall appoint another member from the relevant category, with regard being given to gender balance, to sit on the Committee for the particular case.

(6) The Discipline Committee shall be assisted by a member of the Corporate Governance Unit appointed by the Director Corporate Governance.

(7) The Discipline Committee shall treat its proceedings as confidential.

(8) The Discipline Committee shall normally conduct its hearing within four weeks of referral of the case by the Vice-Chancellor.

(9) When the Discipline Committee deals with an allegation of misconduct referred to it the student concerned:

(a) shall be notified of the terms of the reference (see Attachment 1);

(b) shall be entitled to make representations, either orally or in writing or both;

(c) shall be entitled to give and call evidence; and

(d) may be assisted by a support person, but the support person should take no part in the proceedings of the Discipline Committee, except at the express invitation of the Chair.

(10) The Discipline Committee may in respect of any matter referred to it:

(a) dismiss the case; or

(b) impose any one or more the following penalties:

(i)  a fine not exceeding $500;

(ii)  in a case of misconduct in an assessment item, the annulment of the student's attempt in that assessment;

(iii)  the exclusion of the student from enrolment in a particular program and/or course(s) permanently or for such lesser period as the Discipline Committee may decide; or

(iv)  the exclusion of the student from the University permanently or for such lesser period as it may decide; and/or

(v)  such other penalty as the Committee deems appropriate.

(11) Every penalty imposed by the Discipline Committee shall be reported to the Council.

5.      Appeals

(1)  The student against whom a finding of misconduct has been made may appeal to the Council against that finding within fourteen working days of the date of notification of the decision.

(2)

(a) The Disciplinary Appeals Committee shall consist of:

(i) the Deputy Chancellor (Chair);

(ii) a Professor or Associate Professor who is a member of the Academic Senate, appointed by the Vice-Chancellor from a panel of three Professors or Associate Professors nominated by and from the Academic Senate;

(iii) the student member of the Council; and

(iv) two members of the Council appointed by the Council.

(b) Where the members in (i), (ii) and (iii) are all male, the two members appointed by the Council should, as far as practicable, be female. 

(3)

(a) Any appeal to the Council shall be by way of a re-hearing.

(b) The Council may vary, confirm or quash the decision of the Discipline Committee.

(c) When acting under this section the Council may act by a committee of five of whom three shall be present and vote at any hearing.

6.      Natural Justice to Apply to Students

Any action taken under the provisions of these Rules against a student must accord with the principles of natural justice. 

7.      Dean of Students

A student seeking advice on the contents or operation of the Student Discipline Rules may contact the Dean of Students.

Appendix

Disclosure

1. The University is only entitled to disclose to a complainant the process of the investigation, the result of the investigation, the penalty imposed (if any) and the fact that an entry in respect of the offence has been made on the Central Register if the complainant is a member of the staff of the University, unless authorised by the student.
2. If the student has authorised the University to disclose to a complainant who is not a member of the staff of the University the process of the investigation, the result of the investigation, the penalty imposed (if any) and the fact that an entry in respect of the offence has been made on the Central Register, the University may make such disclosure.
3. The University is not entitled (unless it obtains special exemption under section 41 of the Act, or the Minister makes a privacy code under section 31 of the Act which so provides) to disclose to the general University community or to the public the process of the investigation, the result of the investigation, the penalty imposed (if any) and the fact that an entry in respect of the offence has been made on the Central Register, if the identity of the alleged offender, or the offender is thereby disclosed.
4. There is no prohibition on the University disclosing to the general University community or to the public in general terms the process of the investigation, the result of the investigation, the penalty imposed (if any) and the fact that an entry in respect of the offence has been made on the Central Register as long as the identity of the alleged offender, or the offender is not thereby disclosed, expressly or by implication.

Attachment 1

UNIVERSITY OF NEWCASTLE

STUDENT DISCIPLINE COMMITTEE

Student Disciplinary Matter (Student Number_______________)

TERMS OF REFERENCE

Pursuant to Clause 4(2)(b) of the Student Discipline Rules, the Vice-Chancellor has
referred to the Discipline Committee a case of alleged misconduct against
Student Number __________________.

The Committee:

1. Will enquire into and determine whether the student is guilty of misconduct under Clause 2 of the Student Discipline Rules, viz:
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
______________________________________________

in that it is alleged that:

Student Number ______________;
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
_______________________________________________

2. shall treat the proceedings as confidential;

3. may inform itself in any manner that it sees fit, providing that its procedures accord with the principles of natural justice;

4. will either dismiss the case or, in the event that the Committee determines that Student Number ______________________ is guilty of misconduct, impose any penalty available to the Committee under Clause 4(10) (b) of the Student Discipline Rules and

5. in the event that the Committee imposes a penalty, report that penalty to the Council.

Related Information

• Student Discipline Committee
• Student Disciplinary Appeals Committee
• Dean of Students Unit
• NUSA
• NUPSA