(1) These Rules replace the previous Rules for Student Conduct and Discipline (2004-2007). (2) The University of Wollongong (UOW) is committed to providing a safe, equitable and orderly environment for the University community, and expects each member of that community to behave responsibly and ethically. (3) These Rules outline the required conduct of students of UOW, and direct staff and students to University Rules, standards, codes, policies, guidelines, procedures and other requirements which specify acceptable and unacceptable student conduct, and the management of alleged student misconduct. (4) Staff and students seeking further information on student general misconduct investigation procedures may contact the Integrity Division. (5) Staff and students seeking further information on student academic misconduct (coursework) investigation procedures may contact the Academic Quality and Standards Division. (6) Staff and students seeking further information on research misconduct investigation procedures may contact the Research Services Office. (7) These Rules affirm the values of UOW which include commitment to: (8) UOW is committed to Academic Integrity, which involves upholding ethical standards in all aspects of academic work, including learning, teaching and research. It involves acting with the principles of honesty, fairness, trust and responsibility and requires respect for knowledge and its development. (9) UOW supports the promotion of these values in all academic endeavours in teaching, learning and research. Students and staff of UOW are expected to conduct themselves in a manner that reflects these values. The Rules, codes, policies, guidelines, procedures and other requirements specified by UOW and its constituent faculties and academic units have been developed in accordance with these values, and provide direction on translation of these values into action. (10) These Rules apply to the conduct of a person while that person is a student of UOW, and specifically govern the conduct of that person: (11) Where alleged misconduct becomes evident during a student’s period of enrolment, then action will be taken in accordance with Section 7: Investigations of Alleged Student Misconduct, (12) Where alleged misconduct becomes evident after a student’s period of enrolment, action may be taken at the University’s discretion. (13) These Rules apply to the following alleged misconduct by a student enrolled in a UOW program delivered at an offshore partner institution: (14) With the exception of misconduct specified in clause 13(b) and 13(c), alleged general misconduct by an offshore student is dealt with by the offshore partner institution in accordance with the policies or rules governing that institution, unless there is a specific agreement between UOW and the offshore partner institution to the contrary. (15) Conduct by students enrolled in courses or programs delivered at, or undertaking Higher Degree Research at, UOWD is governed by the UOWD Rules for Student Conduct and Discipline. (16) Conduct by UOW students undertaking simultaneous study at another institution as part of a joint offering of their course is governed by both these Rules and the rules and regulations of the other institution. The other institution may advise UOW of any alleged misconduct by a UOW student. Such misconduct may be recorded by UOW in accordance with the record keeping procedures outlined in the procedures listed in clauses 33 and 34. (17) Conduct by UOW students undertaking study at an overseas institution as part of the International Exchange Program is governed by both these Rules and the rules and regulations of the overseas institution. The overseas institution may advise UOW of any alleged misconduct by a UOW student. Such misconduct may be recorded by UOW in accordance with the record keeping procedures outlined in the procedures listed in clause 33 or 34. (18) Conduct by students of an overseas institution undertaking study at UOW as part of an exchange program is governed by the Rules, codes, policies and procedures of UOW. All investigations of alleged student misconduct by such students will be conducted in accordance with the procedures listed in rule clause 33 or 34, including the implementation of an outcome. In addition, UOW may advise the overseas institution of any misconduct found to have occurred. (19) Visiting students who are not registered at UOW may be subject to the provisions of these Rules. In the case of misconduct by such persons, the matter may be referred to their home institution. (20) The University has a responsibility to: (21) Students have a responsibility to conduct themselves in accordance with: (22) Staff have a responsibility to: (23) UOW supports the rights of all students to engage in Academic Freedom. However, the right to Academic Freedom comes with responsibilities. Any exercise of Academic Freedom will be subject to UOW’s standards of conduct as set out in relevant policy documents. (24) All persons involved in investigations of alleged student misconduct have a responsibility to conduct themselves in accordance with these Rules and the procedures listed under clauses 33 and 34. (25) All parties involved in matters of alleged student misconduct are obliged to preserve confidentiality and respect privacy in accordance with the University Code of Conduct, Privacy Policy, and other relevant privacy legislation. (26) In addition to investigating any allegation of student misconduct, the University shall report the allegation to the Independent Commission Against Corruption (ICAC) if the allegation gives rise to a suspicion on reasonable grounds of corrupt conduct. (27) If, during an investigation into alleged student misconduct under these Rules, a Subject Coordinator, Academic Integrity Officer, 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 the Student Health Assessment and Leave Policy. (28) The University has, centrally and through its constituent faculties and academic units, established Rules, standards, codes, policies, guidelines, procedures, and requirements governing acceptable and unacceptable conduct of students during their studies at the University. Most of these are available via the Policy Directory or elsewhere on the University website. (29) Academic conduct is based on the values of Academic Integrity. Academic integrity involves upholding ethical standards in all aspects of academic work, including learning, teaching and research. It involves acting with the principles of honesty, fairness, trust and responsibility and requires respect for knowledge and its development. Academic integrity is foundational to the work of the whole academic community, including students, teachers, researchers, coordinators and administrators. (30) Academic conduct can be separated into two categories: (31) In addition to conduct relating to academic studies, UOW also defines general conduct expected of students. Acceptable and unacceptable general conduct is outlined in: (32) Conduct by a student that is in breach of the policy documents and requirements stipulated in clauses 30 and 31 is student misconduct. (33) Student misconduct is not tolerated by UOW and will be investigated. Where there is an adverse finding of a student misconduct investigation, appropriate action will be taken. (34) Investigations of: (35) Investigations of alleged research misconduct by a Higher Degree Research Student will be carried out in accordance with the Managing and Investigating Potential Breaches of the Research Code Procedure. (36) Investigations of alleged student misconduct will observe the principles of natural justice, including: (37) Persons or committees conducting investigations under the procedures listed in clause 33, or in the policy listed in clause 34, will act in accordance with the principles of natural justice and are not bound by the rules of evidence required in court proceedings. (38) Decisions regarding alleged misconduct are findings of fact, determined on the balance of probabilities. (39) Persons or committees will report apparent or suspected criminal conduct by a student to the Integrity Division, who will report the matter to the Police as necessary. (40) All parties involved in an investigation will be treated with respect and impartiality, and any issues put forward by the student such as a disability or medical condition will be taken into consideration. (41) The confidentiality of parties involved in an investigation will be respected, subject to the need to fully investigate the matter and any legal requirements for disclosure. (42) The following officers and committees may undertake investigations of alleged academic misconduct by a student undertaking coursework or general misconduct by a student, in accordance with the procedures listed in clause 33: (43) The Managing and Investigating Potential Breaches of the Research Code Policy stipulates officers and committees that are authorised to undertake investigations of alleged research misconduct by a Higher Degree Research student. (44) Other persons may assist in the conduct of investigations of alleged student misconduct, as appropriate. (45) Where student misconduct is found to have occurred, the following outcomes may be applied in accordance with the Delegations of Authority Policy and the procedures listed in clause 33. (46) For cases of academic misconduct, the FIC or SCC may also implement a restricted enrolment status to help support the student. Students placed on a course status of restricted need to seek academic advice from a Head of Students (HOSt) before enrolling in subjects. HOSts may prevent students from enrolling in some subjects, and may place restrictions on the number of subjects that students are able to attempt while on restricted status. (47) Where a student is referred to an Academic Integrity Module in accordance with the Academic Misconduct (Coursework) Procedure and they fail to complete the module their marks will be withheld until such time as they complete the required module. (48) The range of outcomes that may be applied for academic misconduct are set out in the Academic Misconduct (Coursework) Procedure. (49) The Managing and Investigating Potential Breaches of the Research Code Procedure stipulates outcomes that may be applied where research misconduct by a Higher Degree Research student is found to have occurred. (50) Urgency provisions related to cases of alleged academic misconduct by a student undertaking coursework are stipulated in the Academic Misconduct (Coursework) Procedure. (51) Urgency provisions related to cases of alleged general misconduct by a student undertaking coursework are stipulated in the Procedure for Managing Alleged General Misconduct by a Student. (52) In accordance with the Campus Access and Order Rules, every supervising staff member is empowered to request a student involved in disorderly conduct during a teaching activity (such as a lecture, tutorial or practical demonstration) that impedes the normal functioning of that activity to leave the activity for the duration of the activity , provided that: (53) Note: If a student refuses to comply with a request to leave a teaching activity, academic staff are advised to contact Security for further assistance on 4221 4555. (54) Files relating to investigations of alleged student misconduct will be retained and disposed of in accordance with the University’s Records Management Policy, the State Records Act 1998, and the General Retention and Disposal Authority GDA23. (55) Cases of academic misconduct by a student undertaking coursework and general misconduct by a student will be recorded in accordance with the procedures listed in clause 33. (56) Cases of research misconduct by a Higher Degree Research student will be recorded in accordance with the Managing and Investigating Potential Breaches of the Research Code Procedure. (57) All parties involved in matters of alleged student misconduct are obliged to preserve confidentiality and respect privacy in accordance with the University Code of Conduct, Privacy Policy, and other relevant privacy legislation. (58) Nothing in these Rules affects: (59) Nothing in these Rules affects the power of University Council to make rules given by any provision of the By-laws. (60) Nothing in these Rules will be interpreted as limiting in any way any power vested in University Council by the Act or any other rule of the University or as limiting the right of the University to enforce by any other means any right vested in it or to take any other action which it may be entitled or empowered to take in the circumstances. (61) Misconduct by offshore students that is governed by the Student Conduct Rules and associated procedures is defined in rule 4.4 of the Student Conduct Rules. (62) For cases of alleged academic misconduct for a student undertaking coursework the Academic Misconduct (Coursework) Procedure applies without modification, unless stipulated in Schedule 1 of the Procedures. (63) An offshore partner institution must notify the Chief Integrity Officer of the outcome of any investigation under that institution’s own policies or rules of alleged general misconduct by a student enrolled at UOW.Student Conduct Rules
Section 1 - Preamble
Section 2 - Purpose of Rules
Guiding Principles of the University of Wollongong
Statement of Values
Section 3 - Application and Scope
Section 4 - Responsibilities
Section 5 - Categories of Student Conduct
Academic Conduct
General Conduct
Top of PageSection 6 - Student Misconduct
Section 7 - Investigations of Alleged Student Misconduct
Principles of Natural Justice
General Principles Guiding Investigations of Alleged Student Misconduct
Officers Authorised to Conduct Investigations of Alleged Student Misconduct
Academic Misconduct by a Student undertaking Coursework
General Misconduct
Outcomes of Investigations of Misconduct
Academic Misconduct by a Student Undertaking Coursework
General Misconduct by a Student
Library Misconduct
Low-Level Outcomes
High-Level Outcomes
IT Misconduct
Low-Level Outcomes
High-Level Outcomes
Misconduct in University Residence
Low-Level Outcomes
High-Level Outcomes
Other Misconduct
Low-Level Outcomes
High-Level Outcomes
Section 8 - Urgency Provisions
Section 9 - Disruption to Teaching Activities
Section 10 - Record Keeping and Confidentiality
Section 11 - Limitation on effect of Rules
Section 12 - Schedule 1 - Application of Student Conduct Rules to Offshore Students
Application
Modifications for Cases of Alleged Academic Misconduct
Procedural Matters
Section 13 - Definitions
Word/Term
Definition (with examples if required)
Academic Integrity Officer (AIO)
One of several academic staff members in a Faculty who are responsible for making a determination of the allegation of academic misconduct, for imposing Low-Level outcomes where appropriate within their Faculty, and for maintaining records.
Academic Freedom
Subject to the responsibilities imposed by UOW’s policy framework, Academic Freedom for the purposes of these Rules comprises the following elements:
Academic Misconduct
Conduct of a student when undertaking the preparation, presentation or submission of coursework , or during the course of undertaking research, that is in breach of:
Student and Accommodation Services Division
The Division responsible for the management of core student lifecycle functions.
Assessment
An academic task which a student is required to complete to provide a basis for an official record of achievement or certification of competence in a subject, as stipulated in the Subject Outline.
Balance of probabilities
A decision made on the balance of probabilities considers that the evidence is enough to decide that the allegation is more likely to be true than not true.
Campus
Any land which, for the time being, is the property of UOW or in its possession or under its control, together with any building or other erection or construction of any kind whatsoever, whether permanent or temporary, standing on or affixed to such land or any part thereof.
Casting vote
A second vote given to the Chair of a meeting, exercised only in the event of an equality of votes for and against, for the purpose of breaking the tie.
Community service
A sanction whereby the student provides an unpaid service for the benefit of UOW.
Course
A program of study that includes any course leading to a higher education award and any non-award course.
Coursework
All work undertaken as part of a non-research award course or non-award course, as well as any non-research components of a Higher Degree Research course.
Exclusion
A decision whereby a student’s registration is terminated for a defined period. The student must apply directly to UOW for re-admission at the conclusion of the period of exclusion should re-admission be sought.
Expulsion
A decision whereby a student’s registration is terminated permanently. An expelled student shall not be re-admitted except by permission of the University Council.
General Misconduct
Conduct of a student that is not Academic Misconduct, but that is otherwise in breach of:
Higher Degree Research
Masters-by-Research and Doctorate-by-Research degrees.
International Exchange Program
A program by which UOW students may study part of their course at an approved overseas institution and count this study towards their degree.
Investigation Notice
A notice served on a student which provides details of the investigation into alleged misconduct by that student.
IT
Information Technology
Misconduct
Conduct by a student that is Academic Misconduct or General Misconduct
Natural justice
Principles that ensure that decision-making is fair and reasonable. These involve decision-makers informing people of the case against them or their interests, giving them a right to be heard, not having a personal interest in the outcome, and acting only on the basis of logically probative evidence.
Officer
A person appointed to a particular position of responsibility and/or authority.
Offshore partner institution
An institution with which UOW collaborates to deliver UOW courses at locations outside Australia (excluding UOWD).
Offshore student
A student enrolled at UOW who is undertaking study or research at an offshore location other than the UOWD.
Policy Document
The collective term used to describe University Rules, standards, codes, policies, guidelines, and procedures.
Primary Investigation Officer
A nominated officer who is responsible for making (or helping to make) an initial determination of the allegation of general misconduct, and for actioning a low-level outcome where appropriate.
Reprimand
A formal, written rebuke by an officer.
Rescission
The act of invalidating the conferral of a degree, performed by the University Council.
Staff
Full-time, fixed term, part-time and casual employees of UOW. This term also applies to staff of associated companies, centres, residential complexes and employees of the UniCentre and its tenants, University Recreation and Aquatic Centre, Wollongong Undergraduate Students Association, Wollongong University Postgraduate Association, Illawarra Technology Corporation and its tenants and other groups / bodies / organisations / companies as specified from time to time by the Vice-Chancellor and President for the purposes of these Rules.
Student
A person registered for a Course.
Subject Coordinator
An academic staff member with nominated responsibility for the subject.
Subject outline
The document governing content, delivery and assessment of material for a subject.
Suspension
A decision whereby a student’s registration is suspended, as a result of which the student is prevented from enrolling in any subject for a defined period. The student will be re-admitted at the conclusion of the period of suspension.
The University
The campuses, facilities, operations, resources and services of the University of Wollongong.
University Council
The governing authority of UOW, acting for and on behalf of the University and controlling and managing the University’s affairs.
UOW
University of Wollongong.
UOWD
University of Wollongong Dubai.
Visiting student
A student who undertakes part of their research or training at UOW but who is not registered at UOW.
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