Student Non-Academic Misconduct Frequently Asked Questions
*** This page relates to policies that are NO LONGER IN FORCE. All student misconduct matters arising since 1 January 2016 should be referred to the Student Misconduct Rule. If you have any queries, please write to studentmisconduct@westernsydney.edu.au. For any queries regarding misconduct policies prior to 2016, please contact the Manager Policy.***
Please note: these FAQs relate only to matters handled under the University's Misconduct - Student Non-Academic Misconduct Policy.
1. I have received notification by letter of formal allegations of student non-academic misconduct. What does this mean?
In most cases of non-academic misconduct, the Vice-President, People and Advancement, will have received a report detailing allegations of misconduct that are not academic or research related. The Vice-President will then determine if the allegations are of a serious nature, and if they warrant referral to the Student Non-Academic Misconduct Committee. You, the 'respondent student', will then receive notification of any proceedings that will follow.
2. What is a Student Non-Academic Misconduct Hearing?
A Student Non-Academic Misconduct hearing is an opportunity for you as a respondent student with allegations made against you, to address and respond to these allegations and to present evidence in support of your case.
Hearings are scheduled with a committee, usually made up of two professional (senior) University staff and a student member of the University. Committee members have undergone training in the University's Student Non-Academic Misconduct Policy and have an understanding of Procedural Fairness Guidelines. The hearing and its proceedings are confidential.
3. What happens in the hearing?
When you meet with a misconduct committee, you will be asked about the allegations and given the opportunity to present any relevant information, documents and/or witnesses. Honesty is important, and will be used as an important factor in the decision-making process. Meetings are scheduled for approximately one hour; however you will only be required for the duration of presenting your case and answering questions from the committee.
4. What happens if I have been charged by the Police as well?
The NSW Police and the University operate under independent procedures. The Police procedures are judicial and based on breaches of the law, whereas the University's procedures are administrative and based on breaches of University policy. Normally these processes operate independently of each other, but in some cases both judicial and administrative processes may apply.
5. Can I be supported or represented during the University Student Non-Academic Misconduct Process?
You may bring a support person, witnesses and/or a legal representative. A support person is chosen by you to provide personal support through the misconduct hearing. He or she has no other role in the hearing and may not speak or otherwise represent you. In contrast, witnesses may directly address the committee. In some cases, respondent students may choose to bring a legal representative. To bring any of these people, you must provide notice of this intention as directed by the policy.
6. What if I want to appeal the decision?
Respondent students are provided with the Committee's Report which explains the findings and recommended penalty. You then have an option to make comments on the findings and penalty being considered by the Vice-President, People and Advancement, prior to that officer proceeding to make a determination.
Once a determination has been made, you have the right to appeal it on the grounds identified in the policy. The grounds have strict conditions and timelines.
7. What does it mean if I am suspended or excluded from the University?
'Suspension' refers to a temporary period of forced disenrollment, after which you may resume study. 'Exclusion' refers to disenrollment after which you may only resume study if you are successfully re-admitted. Any student eligible to seek re-admission must compete for a place in any course, and cannot be guaranteed of being successful. Only students who are 'permanently excluded' are denied re-admission under any circumstances.
During any period of suspension or exclusion from the University, your enrolment will be terminated and you will not be entitled to have access to University premises and facilities such as the University's computer labs or libraries, social events or other functions except with the written permission of the Vice-President, People and Advancement. Also, you will not be granted academic credit for units completed at any other educational institution during the period of suspension or exclusion.
8. How are students chosen to be committee members?
Applicants for the Student Non-Academic Misconduct Committee are usually nominated by their Head of School or recognised Student Association. Successful applicants are trained prior to serving on a committee.
For more information, please contact Peter Spolc.
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