Timeframes - general misconduct
Timeframes for handling general misconduct
Ordinance 9 sets out timeframes for matters to be completed - these are summarised in the following table.
There are occasionally exceptional circumstances where this is not possible.
If an action cannot be completed within a time limit steps must be taken to ensure that the process is completed within a reasonable time.
Students should be kept informed of progress if this is the case.
Note: No action is invalidated because a time limit is exceeded.
|
Action
|
Relevant Section of Ordinance |
Who is responsible? |
Time Limit (working days) |
|---|---|---|---|
| Part 2.2 – Procedure for general misconduct allegations | |||
|
Staff member or student writes to a senior officer* about misconduct |
2.2.1 |
Staff member or student | As soon as possible |
| Senior officer may refer matter to another senior officer if appropriate |
2.2.2 |
Senior officer | Immediately |
|
Senior officer notifies student and offers opportunity to be heard |
2.2.6 |
Senior officer |
Within 10 days of advice |
|
If student wishes to be heard must contact senior officer |
2.2.7 |
Student |
Within 10 days of advice |
|
Senior officer meets with student [If student does not request a meeting Senior officer can decide the matter after 10 days - 2.2.11] |
2.2.7 | Senior officer |
Within 10 days of advice |
| Senior officer makes a determination and advises student and Director, G&L |
2.2.18 |
Senior officer |
Within 3 days of making decision |
| EITHER: | |||
| No general misconduct OR: | 2.2.12 | Senior officer |
Within 3 days of making decision |
| A penalty as per Part 2.2.13 OR | 2.2.13 | Senior officer |
Within 3 days of making decision |
| If penalties are inadequate or inappropriate refers to the Executive Director, Finance & Administration (EDFA) for determination. | 2.2.14 | Senior officer |
Within 3 days of making decision |
| Part 2.2 - Procedures for matters referred to (EDFA) | |||
| EDFA considers if penalties set out in Part 2.2.13 are inadequate or inappropriate and gives student opportunity to be heard. | 2.2.15 | EDFA |
|
| If the EDFA does not agree that penalties in Part 2.2.13 are inadequate or inappropriate the EDFA may refer the matter back to the Senior Officer and direct the Senior Officer to reconsider it. | 2.2.16 | EDFA | |
| If the EDFA agrees penalties in Part 2.2.13 are inadequate or inappropriate EDFA may impose penalties as per Part 2.2.17 | 2.2.17 | EDFA |
Within 3 days of making decision |
| Part 2.4 – Procedures for Immediate Exclusion and suspension if there is a risk of injury, damage or disruption | |||
|
EDFA may authorise orally or in writing the immediate exclusion of a student from the university premises and suspend their enrolment if: (a) there is risk of injury or damage; or (b) the student has failed to comply with previous reasonable directions of a member of staff; or has persistently breached University rules in a way to cause disruption to the activities of the University |
2.4.1 | EDFA |
Immediate |
| EDFA after imposing an exclusion and suspension sends a notice to student and Director, G&L. Notice includes grounds for belief of risk, injury, damage or disruption. Notice ncludes opportunity to respond. | 2.4.2 | EDFA | Within 24 hours of exclusion or suspension |
|
Student can respond to notice. EDFA must give student opportunity to be heard. |
2.4.3 | Student | Within 10 days |
| If student does not respond and the EDFA is satisfied that the risk of injury, damage or disruption remains, the EDFA may exclude student permanently or for a specified time. | 2.4.4 | EDFA | After 10 days |
| EDFA notifies student and Director G&L of decision | 2.4.5 | EDFA | Without delay |
| Part 4 – Appeals Procedure | |||
|
Student can appeal decision of either Senior Officer or EDFA in writing setting out appeal grounds from Part 4.2 and basis of which appeal ground is made out. |
4.3.1,4.3.2 | Student |
Within 20 days of receipt of decision [Ord 9 currently incorrectly says 10 days] |
| Discipline Appeals Committee meet to determine if there is basis for an appeal | 4.3.3 | Discipline Appeals Committee |
Within 5 days of receipt of student’s notice of appeal |
|
Student advised of whether an appeal is to be heard or not |
4.3.3 |
Secretary to Discipline Appeals Committee |
|
|
Appeal meeting convened and student notified |
4.3.4 | Discipline Appeals Committee |
Appeal to be heard within 15 days of Notice of Appeal, student given 5 days notice of meeting |
|
Notification of decision to student, Executive Director, Finance & Admin and Director, G&L |
4.4.4 | Discipline Appeals Committee |
Within 5 days of making decision |
* All references to Senior Officer means the relevant senior officer as appropriate:
Deputy Vice-Chancellor (Academic) & Provost, Pro-Vice Chancellors, Executive Director Finance and Administration, Principal of the Australian Maritime College, Dean including Dean of Graduate Research, Head of School, Head of Section, Director of a Centre of the Australian Maritime College, Head of a residential college, Manager of student accommodation, General manager of a student association, and includes a person to whom a senior officer delegates functions under the Ordinance as per Clause 1.4.
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