Procedures for Dealing with Student Discipline and

Misconduct

Presented by:

Linda Bird – Academic Registrar

Adriana Jumelet – Secretary, Disciplinary Board

Topics to be covered

• Statute 4, Schedule 2

• What is misconduct and why report it

• Detecting and reporting suspected misconduct

• Determining the appropriate decision-maker

• Time limits

• Investigating misconduct

Topics to be covered (cont’d):

• Referring a matter

• Hearing and deciding student misconduct

• Record keeping

• Appeal Process

• Misconduct Register

Statute 4 – Student Discipline and Misconduct

Statute 4 enacted in 1 June, 1999

- based on principle of mutual respect

- university’s responsibility to promote behaviour that allows freedom to pursue study, research, lawful activities & participation in the life of the university

- recognition that proper assessment and research procedures are essential to pursuit of academic excellence

- that proper use of university facilities, information and property is promoted within the university community

Statute 4 – Student Discipline and Misconduct (cont’d)

Objects of the Statute (Statute 4, section 3):

- to promote principle of mutual respect by informing students of behaviour which is considered inappropriate by the university community

- to discourage behaviour considered by the university community to be inappropriate

- to implement fair and just proceedings to deal with misconduct

- to provide for the imposition and enforcement of penalties for proven misconduct.

Why report misconduct?

- to maintain standards of academic integrity

and excellence - unfair advantage by those who cheat

- to discourage inappropriate behaviour

- to promote mutual respect and ethical and honest behaviour

What is Misconduct?

Statute 4, Schedule 2:

1. Misconduct is conduct on the part of a student that —

a) impairs the reasonable freedom of others to pursue their studies, researches, duties and other lawful activities in the university or on the site or to participate in the life of the university; or

b) hinders the pursuit of academic excellence by circumvention of proper procedures in relation to student assessment or research; or

What is Misconduct (cont’d)

c) amounts to improper use of university facilities or information or improper use of the property of others on the site; or

d) is instanced in section 3 of this schedule.

2. A student who attempts to commit misconduct is guilty of misconduct.

3. Without limiting the effect of 1 and 2 above, section 3 of Schedule 2 sets out a range of instances of behaviour that is considered misconduct.

What is Misconduct (cont’d)

Schedule 2 lists five broad areas pertaining to misconduct:

- student Integrity

- dealings with others

- dealings with property or information

- behaviour at the university

- dealings with officers of the University

Refer to Schedule 2 for detailed examples.

What is Misconduct (cont’d)

Student integrity

1) cheating or assisting another to cheat in relation to an assessment.

Example:

- knowingly plagiarising the work or ideas of another person without due

acknowledgement

(also refer to HUPP3.40.12 Academic Integrity and Plagiarism)

What is Misconduct (cont’d)

Student integrity (cont’d)

Plagiarism can be:

- careless; or- intentional 

Careless or inadequate referencing or failure to reference should not be treated as misconduct if clearly no intention to gain an academic advantage.

Intentional plagiarism – formal misconduct proceedings should ensue.

What is Misconduct (cont’d)

Student integrity (cont’d)

Other examples:

- collaborating with another student and representing that work as individual work

- intentionally fabricating or falsifying results relating to assessment;

- bringing unauthorised material into an examination room

What is Misconduct (cont’d)

Student integrity …

2) making a false representation as to a matter affecting a student

Some examples:

- submitting a fraudulent medical certificate for the purpose of gaining a special exam;

- attending examinations in place of another student

Detecting and reporting misconduct

Who can detect and report misconduct?

- any member of the University community may

detect and report misconduct to one of the decision-makers listed in section 10, Statute

4

- alternatively, seek advice from the Academic Registrar

Detecting and reporting misconduct

Decision-makers (Statute 4, section 10):

• Heads of Schools • Executive Deans • University Librarian • Director, Information Technology Services • Secretary and Registrar• President, Academic Board• Disciplinary Board.

No delegations are permitted

Determining the appropriate decision-maker

Consider section 10 penalty powers of decision-makers –the more serious the matter, the more senior the decision- maker.

Consider also:

- previous misconduct?

- the number of students affected by or involved in the misconduct

- the benefit derived by the student/s

Determining the appropriate decision-maker (cont’d)

- extent of any damage to property

- weighting of the assessment towards the overall marks for the course

- where plagiarism is considered intentional, whether:

• minor (<10% of the work submitted) • significant (<50% of the work submitted) • blatant (<75% of the work submitted)

Time limits

A decision-maker MUST comply with the time limits set out in Statute 4, section 8:

- allegation notice - within 28 days of suspected misconduct coming to the decision-maker’s

attention

- case to be heard and decided within 28 days of the allegation notice being sent

Non-compliance permitted only with the approval of the Vice-Chancellor (see section 8(4))

Investigating misconduct Preliminary investigation to decide:

- whether prima facie evidence of misconduct exists

- seriousness of the allegations

- whether the matter should be referred to another decision-maker

Withholding results – RW on student’s record while investigation pending

Referring a matter

A matter can be referred to another decision-maker at any time before giving the student a written decision.

Reasons matter might be referred:

- conflict of interest

- because the student has committed misconduct previously (check with Secretary, Disciplinary Board ext 57114)

- a more serious level of suspected misconduct than first reported is uncovered - greater penalty powers than that of original decision-maker may be required

Referring a matter (cont’d)

If matter is referred:

- all evidence and documents to the new decision-maker

- 28 day time limit recommences on the day the new decision-maker receives the documentation

- if referring the matter after allegation notice sent, may need to issue a new notice if new allegations to be considered

Allegation Notice

(Refer to HUPP3.60.1 Procedures for Dealing with Student Discipline and Misconduct Matters)

Must be sent within 28 days of matter being reported to the decision-maker and must include:

- a clear statement of the allegation/s against the student

- details and description of the alleged misconduct

- the hearing date, time and location

Allegation Notice (cont’d)

- advice that student may be accompanied by someone not legally qualified

- advice that the hearing may proceed in student’s absence, if student chooses not to

attend.

Examples of Allegation notices are in HUPP Appendices

Indication of Plea notice (not compulsory)

Purpose:

- allows student to advise how they wish to plead

- allows student to indicate their intention to attend the hearing

Examples of Indication of Plea notices are in HUPP Appendices.

Giving an allegation notice

- must be given to the student in accordance with the Statute 4 provisions ie by hand delivery, fax, mail or email;

- use at least 2 methods, including registered mail;

- mark “personal and confidential”

- allow at least 2 days delivery when calculating 28 day time limit (more if interstate or overseas)

Hearing

- NO decision regarding the allegation should be made until allegation notice has been sent and student has opportunity to respond or attend a hearing

- student MUST be presented with ALL written evidence relating to the allegation, preferably before the hearing;

- what happens if student does not attend hearing

Hearing (cont’d)

- additional information/evidence presented at hearing;

- hearing is based on inquisitorial model

- witnesses

- adjourning the hearing

Decision-making

- deliberations without student present

- Standard of proof – ‘reasonable satisfaction’

- finding, including reasons and penalty imposed if guilty, communicated to student before closure of hearing if possible

- decision letter confirming the above sent as soon as possible after hearing

- implementation direction should only be used if potential for further misconduct

Penalties

- should be appropriate to the seriousness of the misconduct that has occurred

- academic penalties only imposed for misconduct that has occurred in an academic context - should not be

imposed for non-academic misconduct

- fines: 1 penalty unit = $75

Decision letter

Must include:

- finding (ie ‘guilty’ or ‘not guilty’) and reason for finding.

- if guilty, should also include:

• the penalty imposed• implications the penalty may have on the student’s enrolment

- if fine or restitution, information on how this may be paid by the student and due date for payment

- procedures for lodging appeal and time limit

for appeal (appeal to Secretary & Registrar within 14 days of date of decision letter)

- that misconduct will be published on University notice-board for 1 month

Copy of letter to relevant Head of School or Executive Dean, and Chief Financial Officer if fine imposed.

Examples of decision letters can be found in HUPP 3.60.1 Appendices

Record Keeping

Records of all actions, correspondence and evidence relating to the matter must be maintained:

- allegation notice

- hearing transcript (example in HUPP appendices)

- decision letter

- all evidence (including exhibits) and any other correspondence pertaining to the case

All of the above MUST be forwarded to the Secretary and Registrar after decision letter sent to the student.

Appeal Process

- Only students can appeal – must be in writing to the Secretary and Registrar within 14 days of date of decision-letter.

- All appeals proceed by way of a new hearing - normally heard by the Disciplinary Board

- Discipline Appeals Committee hears appeals arising from decisions made by the Disciplinary Board – more formal process and both university and student can be legally represented.

- No penalty can be implemented until appeal period has passed – Secretary, Disciplinary Board to

arrange via finalisation notice

Misconduct Register

- Details of all misconduct cases entered on

the Misconduct Register.

- Purpose of Misconduct Register:

• University notice-board• recidivist checking• annual reports to Senate

Questions?

Contact details:

Secretary, Disciplinary Board – Adriana Jumelet

ext 57114 or email a.jumelet@admin.uq.edu.au

Thank you for your participation