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4.1 Application | 4.2 Structure of this section | 4.3 to 4.6 are not yet in effect | 4.7 Penalties for general misconduct, and related actions | 4.8 Handling suspected general misconduct

Part A — General 

4.1 Application

4.1.1 Rule 4 applies to the conduct of any person that occurs or occurred while they are or were a student.

4.1.2 In this Rule 4, 'student' means a person mentioned in Rule 4.1.1 even if that person is no longer a student at the time Rule 4 is applied to them.

4.2 Structure of this section

4.2.1 [This Rule 4.2.1 is not yet in effect. It will come into effect at a later date.]

4.2.2 Rules 4.7 to 4.8 of these Conduct Rules apply to conduct that involves (in whole or in part) general misconduct.

4.2.3 [This Rule 4.2.3 is not yet in effect. It will come into effect at a later date.]

4.2.4 [This Rule 4.2.4 is not yet in effect. It will come into effect at a later date.]

Part B

4.3

[This Rule 4.3 is not yet in effect. It will come into effect at a later date.]

4.4

[This Rule 4.4 is not yet in effect.  It will come into effect at a later date.]

4.5

[This Rule 4.5 is not yet in effect. It will come into effect at a later date.]

4.6

[This Rule 4.6 is not yet in effect. It will come into effect at a later date.]

Part C – General misconduct

4.7 Penalties for general misconduct, and related actions

4.7.1 A decision-maker may impose one or more of the penalties and/or other actions mentioned in Rules 4.7.4 and 4.7.5 of these Conduct Rules on a student who is found to have engaged in general misconduct. A penalty or other action will take effect on the date determined by the decision-maker.

4.7.2 In deciding the penalty or penalties and/or other actions to be imposed on a student under Rule 4.7.1, the decision-maker should have regard to relevant factors including:

  1. the nature, seriousness, duration and extent of the general misconduct;
  2. the circumstances in which the general misconduct took place;
  3. whether the general misconduct was deliberate;
  4. whether the student has previously been found to have engaged in general misconduct; and, if so:
    1. whether the previous general misconduct was similar in nature to the misconduct; and
    2. the penalty or penalties (if any) imposed on the student for the previous general misconduct, and/or any recommendations that the University made to the student, and how the student responded to those penalties and/or recommendations;
  5. the effect of the proposed penalty, and any conditions that have been imposed under Rule 3.1.1, on the student;
  6. the effect of the proposed penalty on other individuals who have been affected by the student's conduct; and
  7. whether the student has taken responsibility for the general misconduct.

4.7.3 If a decision-maker imposes one or more penalties on a student for general misconduct, the decision-maker may suspend one or more of the penalties imposed for a specified period of time, on the condition that the student does not engage in any further misconduct during the suspension period. If a decision-maker finds that the student has engaged in further instances of misconduct during the suspension period, the suspended penalty or penalties will take effect.

4.7.4 The possible penalties for general misconduct are:

  1. recission of an academic award conferred by the University;
  2. revocation of a recommendation to the Academic Board that a student has satisfied the requirements for an academic award conferred by the University;
  3. exclusion from the University indefinitely;
  4. exclusion from the University for a period of up to five years;
  5. suspension from:
    1. the University; or
    2. a course of the University,

                     for a specified period not exceeding 12 months;

  1. withholding of academic results for the relevant teaching period, and/or official academic records;
  2. deferral or withdrawal of permission to graduate;
  3. the imposition of conditions which prevent the student from:
    1. attending specific classes, participating in a specific subject/s and/or undertaking placements, exchanges or internships related to their study at the University;
    2. using specific University facilities;
    3. attending all or any part of University premises; and/or
    4. participating in any or all University activities,

                     for a specified period not exceeding 12 months;

  1. the imposition of conditions on:
    1. the student's enrolment in a specified subject/s;
    2. the student's use of specific University facilities;
    3. the student attending all or any part of University premises; and/or
    4. the student's participation in any or all University activities;
  2. a monetary penalty to be paid by a specified date:
    1. to the University or a third party of a specified amount, not exceeding the amount of any loss or damage, if an act of misconduct involves loss of or damage to property or facilities of the University or a third party; and/or
    2. to the University of a specified amount for its costs, not exceeding the amount of any costs incurred, if an act of misconduct involves lengthy inquiries and proceedings;
  3. a reprimand; and/or
  4. a direction that the student:
    1. does not engage in specified conduct;
    2. undertakes further training and/or education related to the general misconduct;
    3. apologises to another person; and/or
    4. does not contact another student or officer of the University in any way (including via a third party).

4.7.5 A decision-maker may, in addition to or instead of imposing a penalty, recommend that the student:

  1. gets support from one or more University support services, including but not limited to UTS HELPS, Student Accessibility and Counselling; and/or
  2. receives support from an appropriate officer of the University, or a provider of the student's choosing.

4.8 Handling suspected general misconduct

4.8.1 The procedures for reporting and handling suspected misconduct that involves (in whole or in part) general misconduct are set out in Section 16 of the UTS Student Rules. 

Part D

4.9

[This Rule 4.9 is not yet in effect. It will come into effect at a later date.]

4.10

[This Rule 4.10 is not yet in effect. It will come into effect at a later date.]

Part E

4.11

[This Rule 4.11 is not yet in effect. It will come into effect at a later date.]