• Section 1 - Purpose of Policy
• Section 2 - Application and Scope
• Section 3 - Policy Principles
• Section 4 - Reporting and Investigating a Serious Health Condition
• Reporting a Serious Health Condition
• Student Health Assessment Panel
• Notice of Meeting
• Outcomes of Meeting with Student
• Involuntary Leave
• Discontinuation of Investigation
• Section 5 - Conditions on Return to or Re-enrolment at the University
• Section 6 - Urgency Provisions
• Section 7 - Instigation of Student Conduct Proceedings
• Section 8 - Appeals
• Appeal to Deputy Vice-Chancellor (Academic and Student Life) (DVCA)
• Section 9 - Record Keeping and Confidentiality
• Section 10 - Roles and Responsibilities
• Section 11 - Definitions

Section 1 - Purpose of Policy

(1) The purpose of this Policy is to:

1. provide for the management of students with serious health conditions that are causing them to behave in disruptive, threatening or harassing ways towards other members of the University community or to behave in a manner that may constitute a danger to themselves, others or that may be repeatedly preventing them from progressing in their course;
2. manage infrequent cases where the Student Conduct Rules are not the appropriate means of dealing with a case;
3. provide a process for placing a student on involuntary leave if there is a reasonable belief that the student has a serious health condition (as defined in section 2 of this Policy) that makes the student unfit to attend the University or to continue in a course for a period of time, and/or where the student is unwilling or unable to request a leave of absence.

Section 2 - Application and Scope

(2) This Policy applies to University of Wollongong students:

1. attending an Australian campus;
2. undertaking study within the virtual/online environment; or
3. elsewhere, where the student is representing UOW. This includes during work or clinical placements, practicum and related activities, field trips, academic or sporting competitions.

(3) This Policy does not preclude or replace disciplinary action in response to criminal activity or serious violations of UOW Rules or Policies.

(4) If there is a critical incident or emergency situation, UOW Security should be contacted immediately.

Section 3 - Policy Principles

(5) UOW is committed to providing:

1. a safe and orderly environment free from harassment and discrimination for all members of the University community; and
2. a supportive environment for all UOW students.

(6) Underlying the requirements, definitions and procedures of this Policy are the principles of equity, consistency, transparency and procedural fairness.

(7) The University will comply with privacy legislation and anti- discrimination legislation at all times in applying this Policy.

Section 4 - Reporting and Investigating a Serious Health Condition

Reporting a Serious Health Condition

(8) If a staff member is of the reasonable belief that a student’s concerning behaviour might be the result of a serious health condition, the staff member can report these concerns to the appropriate Designated Staff Member (DSM).

(9) The Designated Staff Member will make preliminary enquiries into the student’s concerning behaviour. If the Designated Staff Member has reasonable grounds to believe the student has a serious health condition, the Designated Staff Member will make a report about the student’s behaviour to the Chief Integrity Officer using the DSM Report of Concerning Behaviour template. In making the report, the Designated Staff Member will provide the Chief Integrity Officer with all relevant information and evidence relating to the student. The DSM Report must be made within five days of the Designated Staff Member receiving the initial report.

(10) If the Chief Integrity Officer is not available, the Director, will appoint a nominee who is not a Designated Staff Member to carry out the functions of the Chief Integrity Officer under this Policy.

(11) The Designated Staff Member must inform the staff involved in making the initial report whether or not the Designated Staff Member will report the matter to the Chief Integrity Officer. If the Designated Staff Member decides not to make a report to the Chief Integrity Officer, the Designated Staff Member will give all staff involved in making the initial report reasons for not making a DSM report to the Chief Integrity Officer.

(12) If, during an investigation into alleged student misconduct under the Student Conduct Rules, a Subject Coordinator, Primary Investigation Officer or Faculty Investigation Committee has reasonable grounds to believe that the alleged misconduct is related to a student’s serious health condition, the matter must be reported to a Designated Staff Member under this Policy.

(13) The Chief Integrity Officer will investigate the DSM report and decide whether further action is required as soon as possible and within 5 days of receiving the DSM report.

(14) In the course of investigating a DSM report, the Chief Integrity Officer may seek any other information the Chief Integrity Officer deems relevant to the student’s possible serious health condition and its effect or likely effect on the student or other members of the University community.

(15) In deciding whether further action is required, the Chief Integrity Officer may seek the advice of a registered mental health professional or medical practitioner.

(16) If, based on the information available, the Chief Integrity Officer has reasonable grounds to believe that further action is required, the Chief Integrity Officer will notify the student in writing of the investigation and ask the student to attend a meeting with the Student Health Assessment Panel. At the same time, the Chief Integrity Officer will inform the Designated Staff Member of whether or not further action will be taken and what any further action might be.

(17) In considering any report on concerning behaviour, the Designated Staff Member, the Chief Integrity Officer and the Student Health Assessment Panel may consider previous reports of concerning behaviour by the student and the outcomes of these reports.

(18) The Chief Integrity Officer will inform the Designated Staff Member of the nature of the determination reached by the Student Health Assessment Panel as soon as practicable after the determination has been made.

(19) The Designated Staff Member will keep the staff involved in making the initial report informed of the nature of the decision of the Chief Integrity Officer and the determination of the Student Health Assessment Panel.

Student Health Assessment Panel

(20) The Student Health Assessment Panel shall be convened by the Chief Integrity Officer or nominee as soon as practicable after the decision to investigate the DSM report further and before the notice of the meeting is sent to the student.

(21) The Student Health Assessment Panel shall comprise:

1. the Chief Integrity Officer or nominee as Chair;
2. the Student Ombudsman or nominee; and
3. a member of staff of the University who is a registered mental health professional or medical practitioner. This person will not be required to make a diagnosis.

(22) The Student Health Assessment Panel may not include a person who has previously treated the student for the serious health condition, a Designated Staff Member or a member of the faculty in which the student is enrolled.

(23) Both genders must be represented on the Student Health Assessment Panel.

Notice of Meeting

(24) In the notice to the student, the Chief Integrity Officer must advise the student that the Student Health Assessment Panel has been convened and:

1. outline the circumstances which led to the initial report and the DSM report being made and the nature of the reports; 
2. outline the reasons for believing further action is required on the matter and summarising the basis of these reasons;
3. ask the student to attend a meeting with the Student Health Assessment Panel to discuss the matter further and provide the student with the date, time and place at which the meeting is to be held;
4. advise that the student may bring a support person to the meeting;
5. request that the student provide information that may be relevant to the concerning behaviour or serious health condition;
6. advise that a registered mental health professional or medical practitioner will be in attendance, and that the registered mental health professional or medical practitioner will not be attending to diagnose a serious health condition;
7. give the student no less than five and no more than ten days to respond to the notice in writing or by telephone; and
8. advise the student that failure to attend the meeting will result in the Chief Integrity Officer recommending to the Vice-Chancellor and President that the student immediately be suspended from all or some activities and services of the University, as appropriate.

(25) At the meeting with the student, the Student Health Assessment Panel will give the student reasonable opportunity to respond to the reports about the student’s concerning behaviour and possible serious health condition.

(26) The Student Health Assessment Panel may at any time recommend that the student take a leave of absence and offer the student information on appropriate external support services the student can access during that period of leave.

(27) In exceptional circumstances, the Chief Integrity Officer or Student Health Assessment Panel may modify the timeframes stipulated in this Policy.

Outcomes of Meeting with Student

(28) Following the meeting and taking into account the student’s response, the Student Health Assessment Panel will make a determination. The Student Health Assessment Panel’s determination may include:

1. taking no further action on the basis the Student Health Assessment Panel reasonably believes:
   1. the student does not have a serious health condition which makes the student unfit to attend the University or to continue in a course for a period of time;
   2. that the student is unlikely to repeat the concerning behaviour that gave rise to the report; and/or
   3. that, based on additional information, the behaviour was not sufficiently serious to warrant further action;
2. taking no further action on the basis that the student discloses that the student has a serious health condition which is likely to have caused or resulted in concerning behaviour and the student provides satisfactory evidence that:
   1. the student is managing the serious health condition;, and
   2. the concerning behaviour is unlikely to recur;
3. if the student discloses to the Student Health Assessment Panel that the student does have a serious health condition which is affecting the student’s ability to progress in a course, direct the student to do one or more of the following:
   1. receive treatment at a counselling, psychological or health service;
   2. attend Learning Development for help with academic matters;
   3. speak to their Faculty Head of Students or Associate Dean about applying to reduce the student’s academic load by withdrawing from one or more subjects without academic penalty; and/or
   4. observing any other medical or behavioural directions made by the Student Health Assessment Panel; or
4. if the Student Health Assessment Panel has a reasonable belief that the student does have a serious health condition which is affecting the student’s ability to progress in a course, direct the student to do one or more of the following:
   1. receive treatment at a counselling, psychological or health service; and/or
   2. attend Learning Development for help with academic matters; and/or
   3. apply to their Faculty Head of Students or Associate Dean to reduce the student’s academic load by withdrawing from one or more subjects, without academic penalty; and/or
   4. observing any other medical or behavioural directions made by the Student Health Assessment Panel; or
5. if the student discloses to the Student Health Assessment Panel that the student has a serious health condition which makes the student unfit to attend the University or to continue in a course for a period of time, the Student Health Assessment Panel may place the student on a period of involuntary leave, with conditions for the student’s return to or re-enrolment at the University. Such conditions may include, but are not limited to:
   1. receiving treatment at a counselling, psychological or health service (with information provided to the student on services they can access that are external to the University);
   2. providing evidence of the use of a prescribed medication to manage the serious health condition or the concerning behaviour that is caused by or results from that condition. Such evidence may include an ongoing assessment from a registered mental health professional or medical practitioner on the effectiveness of treatment for the serious health condition;
   3. observing any other medical or behavioural directions made by the Student Health Assessment Panel; or
6. if the Student Health Assessment Panel has a reasonable belief that the student has a serious health condition which makes the student unfit to attend the University or to continue in a course for a period of time, the Student Health Assessment Panel may place the student on a period of involuntary leave, with conditions for the student’s return to or re-enrolment at the University. Such conditions may include, but are not limited to:
   1. receiving treatment at a counselling, psychological or health service (with information provided to the student on services they can access that are external to the University);
   2. providing evidence of the use of a prescribed medication to manage the serious health condition or the concerning behaviour that is caused by or results from that condition. Such evidence may include an ongoing assessment from a registered mental health professional or medical practitioner on the effectiveness of treatment for the serious health condition; and/or
   3. observing any other medical or behavioural directions made by the Student Health Assessment Panel; or
7. terminate the investigation and refer the matter to a Primary Investigation Officer under the Student Conduct Rules, in accordance with section 7.

(29) In the event of 28(b) to 28(f) the Student Health Assessment Panel will advise the student to register with UOW Disability Services so that the University can provide the student with appropriate assistance. The Student Health Assessment Panel may notify UOW Disability Services.

(30) In the event of 28(c.iii) or 28(d.iii), a student can apply for a fee refund in accordance with the Fees Policy.

(31) If the student does not comply with the Student Health Assessment Panel’s directions issued under clauses 32(c) or (d) in the time and manner specified in the notice to the student of the outcome of the meeting, the Student Health Assessment Panel may place the student on a period of involuntary leave, with conditions that must be met for the student’s return to or re-enrolment at the University. Such conditions may include, but are not limited to:

1. receiving treatment at a counselling, psychological or health service (with information provided to the student on services they can access that are external to the University);
2. providing evidence of the use of a prescribed medication to manage the serious health condition or the concerning behaviour that is caused by or results from that condition. Such evidence may include an ongoing assessment from a registered mental health professional or medical practitioner on the medication’s effectiveness; and/or
3. observing any other medical or behavioural directions made by the Student Health Assessment Panel.

(32) If there is insufficient information for the Student Health Assessment Panel to form an opinion as to whether the student has a serious health condition that may have caused the student’s concerning behaviour or affect the student’s ability to progress in a course, the Student Health Assessment Panel will direct the student to be assessed by a registered psychologist or psychiatrist at the University’s expense. The assessor will be:

1. selected by the University;
2. selected by the student and approved by the University;
3. will be informed of the initial report made by staff and the DSM report so these reports can be taken into account during the assessment; and
4. advised that the assessment must be provided to the Student Health Assessment Panel.

(33) If a student does not cooperate with the direction to be assessed under clause 32, then the Student Health Assessment Panel may recommend to the Vice-Chancellor and President that the student be suspended from some or all of the activities and services of the University.

(34) The Chief Integrity Officer will notify the student in writing of the outcome of the meeting with the Student Health Assessment Panel and detail the reasons for the Student Health Assessment Panel’s determination as soon as possible or within five working days of the meeting between the Student Health Assessment Panel and the student. The notice to the student must outline the appeals process.

Involuntary Leave

(35) In accordance with clause 28(e) and 28(f), a student placed on involuntary leave will be directed to comply with certain conditions in order to return to or re-enrol at the University.

(36) If a student is placed on involuntary leave for the remainder of a session, the student may apply to withdraw from their subjects without academic penalty and may apply for a tuition fee refund in accordance with the University’s Fees Policy.

(37) If a student is placed on a short period of involuntary leave, the student may apply for academic consideration, in accordance with the Student Academic Consideration Policy.

(38) A student may be placed on involuntary leave for a maximum period of 15 months.

(39) The Chief Integrity Officer or nominee must advise the Director, Student Life and the Senior Manager, Admissions, Fees and Scholarships as soon as practicable when a student is placed on involuntary leave.

Discontinuation of Investigation

(40) If at any point in the investigation process the student applies for and is granted a leave of absence, the Chief Integrity Officer may decide to discontinue the investigation.

Section 5 - Conditions on Return to or Re-enrolment at the University

(41) A student who has been placed on a period of involuntary leave or a student who has taken a leave of absence after a DSM report has been made must attend a meeting with the Student Health Assessment Panel before the end of that period of leave in order for the Student Health Assessment Panel to determine whether the student can return to or re-enrol at the University.

(42) Matters the Student Health Assessment Panel may take into account include whether the student can show evidence that they have met the Student Health Assessment Panel’s conditions for the student’s return to or re-enrolment at the University, as stated in the notice to the student of the outcome of the meeting with the Student Health Assessment Panel.

Section 6 - Urgency Provisions

(43) If at any point following a report about concerning behaviour, the Chief Integrity Officer or the Student Health Assessment Panel believe that the student’s behaviour constitutes a direct threat to other members of the University community, the Chief Integrity Officer may recommend to the Vice-Chancellor and President or Deputy Vice-Chancellor that the student immediately be suspended from all or some of the activities and services of the University pending further investigation.

Section 7 - Instigation of Student Conduct Proceedings

(44) If, during the course of the investigation, the Chief Integrity Officer or the Student Health Assessment Panel have reasonable grounds to believe that the student should be dealt with through the University’s student conduct process, then the investigation will be discontinued and the Chief Integrity Officer will refer the matter to a Primary Investigation Officer, in accordance with the Student Conduct Rules.

Section 8 - Appeals

Appeal to Deputy Vice-Chancellor (Academic and Student Life) (DVCA)

(45) A student may appeal in writing to the DVCA for a review of the Student Health Assessment Panel’s determination on the following grounds:

1. substantive procedural error;
2. new and sustantive information that could not be provided originally; and
3. the merits of the Student Health Assessment Panel’s determination.

(46) An appeal by a student against the Student Health Assessment Panel’s determination must be lodged with the DVCA within 20 working days of the notice to the student of the Student Health Assessment Panel’s determination. The student must state grounds for appealing the determination and may include any new information the student believes is relevant to the appeal and could not be provided originally.

(47) The DVCA will review all of the evidence provided by the Student Health Assessment Panel and the student, and may seek further information as necessary.

(48) Upon consideration of the appeal, the DVCA may apply the following outcomes:

1. appeal denied and the determination of the Student Health Assessment Panel stands;
2. appeal upheld on the basis of new and substantive information provided and the matter referred back to the Student Health Assessment Panel for reconsideration; and
3. appeal upheld on the grounds of procedural error, in which case the DVCA determines an outcome on the matter as provided in clause 26 to 29.

(49) The DVCA will commence the appeal process within 10 working days of the formal lodgment of the appeal and supporting documentation. All reasonable measures must be taken by the DVCA to finalise the appeal as soon as practicable.

(50) Where the matter is referred back to the Student Health Assessment Panel for reconsideration, the Chief Integrity Officer must notify the student of the outcome of the investigation as soon as possible and within 10 working days of the matter being referred back to the Student Health Assessment Panel.

(51) In the case where the DVCA notifies of a conflict in dealing with an appeal or is otherwise unable to hear an appeal, the DVCA operating will nominate a substitute officer to hear the appeal.

Section 9 - Record Keeping and Confidentiality

(52) Files relating to reports of and investigations into a student’s alleged serious health condition shall be retained and disposed of in accordance with the Records Management Policy the State Records Act 1998 and the General Retention and Disposal Authority-Higher and further education GA-47.

(53) Other than as described in this Policy, all parties involved in matters of a student’s alleged serious health condition are obliged to preserve confidentiality in accordance with the University’s Code of Conduct - Staff, Privacy Policy and other relevant privacy legislation.

Section 10 - Roles and Responsibilities

(54) Roles and responsibilities are as detailed in this Policy.

Section 11 - Definitions