FAQs

REVISED STUDENT CONDUCT RULES AND PROCEDURES

What are the main changes to the Student Conduct Rules and Procedures in the 2011 revision?

The following are the main changes to the Student Conduct Rules and Procedures:

• Roles and Responsibilities have been spelled out in the Procedures, including responsibilities of Subject Coordinators, Primary Investigation Officers, Investigation Committee members (Section 4 of the Procedures), and the Secretary to Investigation Committees (Section 9).

• The following information must be provided to the student in writing, prior to the initial discussion with the student, by the Subject Coordinator (academic misconduct) or PIO (general misconduct):

o Substance of the allegation;

o Date, time, location of the discussion;

o Advice that a support person may be present for both the student and the Subject Coordinator or PIO;

o Reference to related policies

• Information on what sort of records must be retained in relation to student misconduct investigations (Section 10)

• Staff appointed to the role of Primary Investigation Officer (PIO) for academic misconduct should be at Lecturer level or above, with appropriate university experience;

• Other minor changes have been made to clarify the intent of the Rules and Procedures and or simplify procedural aspects.

What should I do if I am aware of a student breaking University rules or policy?

If you are aware of a student breaking University rules or policy you should notify the relevant officer immediately.

For alleged academic misconduct by a student undertaking coursework, you should notify the Subject Coordinator and provide him/her with relevant information and evidence relating to the allegation.

For alleged general misconduct by a student, you should notify the appropriate Primary Investigation Officer, as designated in the table below, providing him/her with relevant information and evidence relating to the allegation:

Library Misconduct	University Librarian or standing nominee
IT Misconduct	Chief Technology Officer or standing nominee
Misconduct in University Residence	Head of University Residence or standing nominee; General Manager of Accommodation Services
Other Misconduct	Academic Registrar or standing nominee

For Students:

What should I do if an allegation of misconduct has been made against me?

You should talk with your subject coordinator (or the relevant Primary Investigation Officer in the case of General Misconduct). You should ensure that you fully understand the allegation that has been made against you, and that you understand the process and the options available to you.

You should also continue with your normal academic work while the investigation is taking place, as failure to do so could disadvantage you.

I have been asked to attend a misconduct investigation meeting – can I have a support person present?

Yes, you are permitted to have a support person present at your misconduct investigation meeting. Section 8 of the Procedures for Managing Alleged Academic Misconduct by a Student Undertaking Coursework details the permitted involvement of the support person.

What can I do if I do not agree with the outcome of a misconduct investigation?

You may appeal against an outcome of a misconduct investigation, provided your appeal is based on lack of natural justice or due process, or if there is new evidence that has not previously been considered. The procedures accompanying the Student Conduct Rules detail the process for lodging an appeal.

If you are dissatisfied with the outcome or conduct of an appeal within the University, you may appeal to an external agency. You have the right to make a complaint to the NSW Ombudsman when there is evidence of maladministration or misconduct by the University of Wollongong.

For all staff involved in student misconduct investigations:

I am meeting with a student regarding alleged misconduct – can I have a support person present?

Yes, you are permitted to have a support person present at your misconduct investigation meeting. Section 8 of the Procedures for Managing Alleged Academic Misconduct by a Student Undertaking Coursework details the permitted involvement of the support person.

How can I find out if a student has a previous record of misconduct?

For academic misconduct by a student undertaking coursework, all cases resulting in a low-level outcome shall be recorded on the Local Register within the faculty, and all cases resulting in a medium-level or high-level outcomes shall be recorded and filed centrally by the Academic Registrar’s Division.

Cases of general misconduct by a student resulting in a Low-Level or High-Level outcome shall be recorded and filed centrally by the Academic Registrar’s Division.

Primary Investigation Officers may check their faculty’s Local Register, or request ARD to check the Central Register, to determine whether an entry exists for the student for any previous finding of academic misconduct. Where the student is or has been enrolled in a subject(s) from another faculty(ies), the PIO should request that faculty(ies) to check its Local Register to determine whether an entry exists for the student for any previous finding of academic misconduct.

I am a PIO. Can I seek advice or assistance from anyone regarding a case?

PIOs are permitted to seek advice from other University officers during the investigation of alleged academic misconduct. Where possible, such advice should be sought from officers who are unlikely to be involved in the conduct of the investigation at a later date. PIOs may obtain administrative assistance from other staff members during the investigation.

What sort of records must be kept in relation to a student misconduct investigation?

Records of the investigation may include:

a. Investigation plan;

b. Evidence and other information gathered;

c. Record of investigation meetings;

d. Summary of investigation; and

e. Outcome of investigation.

What timeframes are required for misconduct investigations?

For Academic Misconduct by a Coursework Student:

Initial Determination by Subject Coordinator:

The Subject Coordinator must make their initial determination of whether academic misconduct has occurred as soon as possible and within a maximum of ten working days of having received the allegation.

Determination of Appropriate level of response and outcome by the Subject Coordinator and PIO:

A determination of outcome by the Subject Coordinator and PIO shall be made as soon as possible and within a maximum of ten working days of having determined that academic misconduct has occurred.

Notice of Investigation by FIC or SCC:

Where a matter has been referred to a Faculty Investigation Committee or the Student Conduct Committee, the Secretary of that committee must serve the student with a written Investigation Notice as soon as possible and within a maximum of ten working days of the referral.

Holding a FIC or SCC Committee meeting:

The committee meeting should be held as soon as possible and within a maximum of twenty working days of the date of service of the Investigation Notice, unless the Chair of the committee grants an extension to the student or more time is required to collect necessary evidence.

Notice of outcome of Investigation:

As soon as practicable after a meeting of a Faculty Investigation Committee or Student Conduct Committee, and within a maximum of ten working days, the Chair of the Committee (or nominee) must serve the student with written notice of the outcome of the investigation using the appropriate notice letter template.

Student Appeal against Subject Coordinator and PIO or the FIC:

A student must appeal the outcome determined by the Subject Coordinator and PIO or the Faculty Investigation Committee within a maximum of ten working days of notification of the outcome.

Student Appeal against SCC:

A student must appeal the outcome determined by the Student Conduct Committee within a maximum of twenty working days of notification of the outcome of the investigation.

For General Misconduct by a Student:

Initial Determination by PIO:

The PIO must make their initial determination of whether general misconduct has occurred as soon as possible and within a maximum of ten working days of having received the allegation.

Determination of Appropriate level of response and outcome by the PIO:

A determination of outcome by the PIO shall be made as soon as possible and within a maximum of ten working days of having determined that academic misconduct has occurred.

Notice of Investigation by SCC:

Where a matter has been referred to the Student Conduct Committee, the Secretary of that committee must serve the student with a written Investigation Notice as soon as possible and within a maximum of ten working days of the referral.

Holding a SCC Committee meeting

The committee meeting should be held as soon as possible and within a maximum of twenty working days of the date of service of the Investigation Notice, unless the Chair of the committee grants an extension to the student or more time is required to collect necessary evidence.

Notice of outcome of Investigation:

As soon as practicable after a meeting of the Student Conduct Committee, and within a maximum of ten working days, the Chair of the Committee (or nominee) must serve the student with written notice of the outcome of the investigation using the appropriate notice letter template.

Student Appeal against the PIO:

A student must appeal the outcome determined by the Subject Coordinator and PIO or the Faculty Investigation Committee within a maximum of ten working days of notification of the outcome.

Student Appeal against SCC:

A student must appeal the outcome determined by the Student Conduct Committee within a maximum of twenty working days of notification of the outcome of the investigation.

For Academic Staff:

What is considered academic misconduct by a coursework student?

Table 5.1 of the Procedures for Managing Alleged Academic Misconduct by a Student Undertaking Coursework indicates activities that are considered to constitute academic misconduct.

I suspect a student has plagiarised, what should I do?

You must bring an allegation of academic misconduct by a student undertaking coursework to the attention of the Subject Coordinator as soon as possible once it has been identified. You must provide the Subject Coordinator with relevant information and evidence relating to the allegation.

I am a Subject Coordinator. Can I seek advice or assistance from anyone regarding a case?

The Subject Coordinator has the option to consult with a PIO regarding an allegation of student misconduct. The Subject Coordinator may obtain administrative assistance from other staff members during the investigation.