Conditional Participation Procedure

1. Purpose

1.1 UTS aims to ensure that:

1. students, staff and visitors can participate safely in university life  
2. it uses fair process when deciding whether to impose conditions on a student's participation, and
3. any condition imposed on a student's participation at the university is reasonable, proportionate and only imposed for the period of time that is necessary. 

1.2 The Conditional Participation Procedure (the procedure) supports the implementation of Rule 3 of the Student Conduct Rules.

2. Scope

2.1 The procedure explains how conditions imposed under Rule 3 of the Student Conduct Rules are to be imposed and reviewed.

2.2 The procedure is intended to assist:

1. students whose participation at the university is affected by such conditions, and
2. staff and other community members who are involved in the process of imposing and reviewing such conditions.
    

3. Procedure

Reporting incidents and other issues

3.1 All UTS students, staff, affiliates and visitors (UTS community members) may report to the university any incidents or other issues that cause them concern. A report may result in the university imposing conditions on a student's participation under Rule 3 of the Student Conduct Rules.  

3.2 Incidents or other issues may be raised via the following policies and procedures:

1. The Concerning Behaviour Assessment and Intervention Policy explains how a UTS community member can report behaviour that causes concern on campus, and how UTS might respond to concerning behaviour on campus.
2. The Campus Policy explains how a person using the university's campus can report any individual, activity or incident on campus that causes concern, and what might happen if a report is made. 
3. The Critical Incident Response Policy explains how a UTS community member can report a critical incident (or an incident that may be a critical incident) to the university, and how UTS might manage critical incidents.
4. The Gender-Based Violence Response Procedure explains how a UTS community member can report or raise a concern about gender-based violence, and what might happen if a report is made or a concern is raised.

3.3 If a staff member receives or makes a report about an incident or other issue, and the staff member considers that there may be a safety risk to any member of the university community and therefore it would be appropriate for conditions to be imposed on the student's participation, the staff member should notify UTS Security and Emergency Management of the incident or issue and ask that consideration be given to the imposition of conditions on the student's participation.

3.4 Where there is no immediate risk to safety, the staff member should notify the Student Misconduct and Appeals (SMA) team of the incident or issue and ask that consideration be given to the imposition of conditions on the student's participation.

Imposing conditions on a student's participation, flexibility and discretion

3.5 The Deputy Vice-Chancellor (Academic) is generally responsible for imposing and reviewing conditions under Rule 3 of the Student Conduct Rules. However, the Head of Security and Emergency Management, the Director, Governance Support Unit, faculty deans and the Pro Vice-Chancellor (Students) may also impose conditions under Rule 3 where student safety is at risk. For the purpose of imposing conditions, these staff are referred to as the Vice-Chancellor's nominee.

3.6 Rule 3 explains the circumstances in which the Vice-Chancellor's nominee can impose conditions on a student's participation at UTS. This procedure provides general parameters for imposing and reviewing conditions under Rule 3. However, the Vice-Chancellor's nominee can use their discretion when determining the appropriate course of action and may depart from the procedure if they consider it is appropriate to do so.

Notice of conditions and opportunity for students to respond

3.7 If the Vice-Chancellor's nominee has decided to impose one or more conditions on a student's participation under Rule 3 of the Student Conduct Rules, the Vice-Chancellor's nominee should:

1. as soon as reasonably practicable, notify the student in writing of the conditions, the reasons for the imposition of the conditions, when they start, and their duration 
2. give the student an opportunity to respond, within a specified timeframe (normally 5 business days), to the specific nature of the conditions and provide the Vice-Chancellor's nominee with any relevant information that the student would like the Vice-Chancellor's nominee to consider, or any practical considerations that the student thinks should be taken into account by the Vice-Chancellor's nominee in considering whether and for what duration the conditions should continue to be imposed or whether there should be any amendment to them
3. consider any submission put by the student. The Vice-Chancellor's nominee is not required to consider any submission by the student about whether any allegations about the student's conduct are true, or whether their conduct or alleged conduct in fact poses the risk that the Vice-Chancellor's nominee has identified, and 
4. in light of that consideration, notify the student in writing whether conditions will continue to be imposed or whether there will be any amendment to them. 

3.8 All communications will be managed through the Governance Support Unit’s SMA team.

Review of conditions

3.9 The Vice-Chancellor's nominee may review one or more conditions imposed under Rule 3 of the Student Conduct Rules at any time. The Vice-Chancellor's nominee may: 

1. end the conditions
2. vary the duration of the conditions, and/or
3. otherwise vary the conditions.

3.10 The student may ask in writing for the Vice-Chancellor's nominee to review the conditions imposed, in which case the Vice-Chancellor's nominee should review the conditions, unless: 

1. the Vice Chancellor's nominee has previously reviewed the conditions under 3.9, and
2. the student has not provided the Vice-Chancellor's nominee with any relevant new information.

3.11 When reviewing conditions, and before making any changes to the conditions, the Vice-Chancellor's nominee should:

1. notify the student in writing of the proposed changes to the conditions 
2. provide the student with an opportunity to respond within a specified timeframe, and 
3. consider the student's response.

Report

3.12 Each year the report provided to the Vice-Chancellor under Rule 16.8 of the Student Rules should include information about each situation in which conditions have been imposed on students under Rule 3 of the Student Conduct Rules, including information about the conditions imposed and any reviews of conditions imposed.

Advice and support

3.13 The Vice-Chancellor’s nominee should consider whether there is a need for translating and/or interpreting services, or any other form of assistance to address language, cultural and/or accessibility issues. 

3.14 Students who have conditions imposed on them under Rule 3 may seek support or advice from anyone of their choosing at any time, including (but not limited to) a trusted friend or family member, a colleague, health professional, legal professional or another person who is internal or external to the university. If a student chooses to obtain advice or support from an external provider, the student is responsible for the costs associated with obtaining that advice or support.

3.15 Students may be accompanied by a support person of their choosing to any meeting with the university about the imposition of conditions.

3.16 Students can seek support from other university support services (refer Student support).

3.17 Students can also seek support from the UTS Students’ Association or ActivateUTS. 

Records management and privacy

3.18 All records of all conditions imposed on a student's participation, including when the conditions start and their duration, must be retained in line with the Records Management Policy.

3.19 Records should also be kept by the SMA team as part of their management of conditional participation.

3.20 All staff involved in the imposing and reviewing conditions must comply with the Privacy Policy, in particular the handling of personal information.

4. Roles and responsibilities

4.1 Procedure owner: The Deputy Vice-Chancellor (Academic) is responsible for procedure enforcement and compliance.

4.2 Procedure contact: The Pro Vice-Chancellor (Students) is the primary point of contact for advice on implementing and administering this procedure.

5. Definitions

The definitions in Schedule 1, Student Rules and Schedule 1, Student Conduct Rules apply for this procedure.