PURPOSE
This Non-Academic Student Misconduct Policy prescribes ACN’s management of allegations of student misconduct in a timely and fair manner.
SCOPE
This policy applies to all students enrolled and studying at ACN. It is concerned with the management of student behavior and is explicitly not intended to cover matters involving academic issues; these are the subject of other policies which ACN students must abide by. These policies are, in the main, referred to in the student handbook and on the ACN student resources web site.
"Non-academic misconduct” includes, but is not limited to, conduct where a student:
- Contravenes any ACN Rules or Policies;
- Behaves in a manner that prejudices the good name or academic standing of ACN conducting courses on behalf of La Trobe University;
- Damages or destroys ACN property (including library books, computing hardware or software, or the deliberate release of computer viruses);
- Misuses ACN facilities, systems and equipment, to engage in illegal activity or activity prohibited by the ACN’s rules and policies (for example, infringing copyright);
- Steals or misappropriates ACN property or equipment;
- Harasses, vilifies, abuses, threatens, assaults or endangers staff, students or other members of the ACN community or otherwise obstructs staff or students or other members from undertaking their academic pursuits at ACN;
- Fails to follow reasonable directions of an employee of ACN;
- Alters or falsifies any document or record of ACN or La Trobe University where ACN is providing or facilitating the service in question on behalf of La Trobe University (e.g. such as student concession cards);
- Alters or falsifies any documentation that La Trobe University requires of the student (e.g. medical certificate or other supporting documentation) and which ACN is providing or facilitating on behalf of La Trobe University;
- Divulges confidential information relating to any ACN matter, staff member or student (e.g. employment records, confidentiality agreements, "in-camera" discussions) in circumstances where there is no reasonable or lawful excuse for doing so;
- Behaves inappropriately in an activity (e.g. class, meeting), facility in or under the control or supervision of ACN; or
- Refuses or is unable to identify him/herself when asked to do so by a staff member of ACN (e.g. administration officer, manager, lecturer, examination invigilator).
- Knowingly provides false or misleading information to staff at ACN.
This policy must be read and interpreted in the context of other ACN non-academic policies such as, but not limited to, the Code of Conduct, La Trobe Faculty of Law and Management Handbook, Important Policies and Procedures, etc.'
POLICY
This policy is guided by the assumption that students wish to pursue their studies as their paramount goal and that every ACN staff decision or intervention, or support measure, is designed around keeping the student in the pursuit of their studies in a conducive, safe environment. ACN recognizes that this is not always the best outcome either for the student or for their peers around them.
In determining an outcome for an individual student, as part of the nonacademic student misconduct proceedings, the academic welfare and social welfare of the collective ACN students will be considered.
In cases of serious non-academic misconduct on the part of a student, ACN Senior Management may convene a Tribunal to review the alleged infraction. ACN will follow the principles, guidelines and procedures outlined in this policy. ACN reserves the right to adjust proceedings of the Tribunal in the interests of securing a timely, fair and expedient outcome for the student(s) involved, including the collective ACN student body.
The Tribunal has the authority to recommend to the Managing Director several measures to respond to a student respondent(s)’ infraction. They include, but are not limited to Temporary Removal from Activities, Facilities or University, Permanent Removal from Activities, Facilities or University / termination of enrolment.
The role of the Non-Academic Misconduct Investigation Committee is to investigate the allegation through written and/or oral evidence from any complainants, the accused student, and relevant witnesses to determine whether the allegation is justified on the basis of the evidence. The Investigation Committee is to report to the Managing Director on the facts relating to the alleged misconduct, whether any mitigating circumstances are evident, and to recommend on any penalty that might be imposed.
RRESPONSIBILITY/ AUTHORITY
The Managing Director is responsible for the overall integrity of the administration of this policy.
A member of ACN senior management is responsible for receiving and documenting incidents which may constitute non-academic misconduct and for convening the Tribunal.
These Forms must be completed to initiate the Tribunal.
FORM HRM7.2.1. F1 Student Code of Conduct Incident Report Form;
FORM HRM 7.2.1. F2 Student Code of Conduct Incident Infraction Response Form
In the administration of this policy, all students are entitled to fairness, equity, privacy and non-discrimination. Students should also refer to the ACN Grievance Policy and Privacy Policy.
Where a specific timeline is not provided for in this policy, students can anticipate that progress of a case within the non-academic student misconduct proceedings will occur in a timely and reasonable fashion.
Students are reminded that they have recourse to external appeal for any decisions made within ACN. Appellants may be required to substantiate their request for an appeal; in particular they may be asked to demonstrate new evidence that has not been heard by an earlier authority.
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