• Section 1 - Purpose of Policy
• Section 2 - Application and Scope
• Section 3 - Breaches of Community Standards
• Section 4 - Procedure to be followed by Associate Director, Student Residence
• Section 5 - Sanctions
• Sanctioning Philosophy
• Demerit Points
• Indicative Sanctions
• Table 1
• Available Sanctions
• Section 6 - Procedure to be followed by the Director, Student Life
• Section 7 - Appeal
• Procedure and Grounds for Appeal
• Appeal Dismissed
• Referral back to Associate Director, Student Residence
• Sufficient Grounds for Appeal
• Student Conduct in Residences Appeals Committee
• Conduct of the Student Conduct in Residences Appeals Committee
• Finality of Appeal Decision
• Section 8 - Supporter
• Section 9 - Policy Principles
• Natural Justice
• Standards of Evidence
• Communication
• Other Jurisdictions
• Urgency Provisions
• Section 10 - Limitations on Effect of this Policy
• Section 11 - Record Keeping
• Section 12 - Roles and Responsibilities
• Section 13 - Definitions

Section 1 - Purpose of Policy

(1) The purpose of this Policy is also to define the rights and responsibilities of residents and staff and provide procedures and sanctions to be invoked and applied if community standards are breached.

(2) This Policy sets out the requirements on a student who accepts an offer of accommodation in a Residence to:

1. respect the basic philosophy of the Residence and community standards operating in each Residence as outlined below; and
2. abide by the process employed if a student breaches these standards to investigate and appropriately resolve such breach under the terms of this Policy.

Section 2 - Application and Scope

(3) This Policy applies to the management of alleged breaches of community standards within any University residence by a resident.

(4) Any general misconduct within one of the University’s residences by a student who is not a resident will be managed under the Student Conduct Rules.

(5) Nothing in this Policy operates to limit the rights of the University to take action against a resident for breach under an Accommodation Contract or on any other grounds.

Section 3 - Breaches of Community Standards

(6) All of the members of the University community have a range of rights, including the right to:

1. be treated courteously and fairly;
2. be free from acts of violence, harassment, intimidation or discrimination;
3. have their personal property respected; and
4. live, work and study in a safe environment.

(7) Because of the nature of residential community living, it is not possible to codify all acceptable and unacceptable behaviours. The expectations that the University has of each resident within a residence are described as “community standards”, breach of which may be grounds for action against a resident under this Policy.

(8) Breaches of community standards may include, but are not limited to, the following:

1. failure to comply with the University’s Rules, Policies, Codes, University Council regulations or other lawful directions of the University or to obey any reasonable direction of an authorised person in relation to conduct;
2. any conduct which impairs the reasonable freedom of other persons to pursue their studies, research, duties or lawful activities at the University or to participate in the life of the University;
3. wilfully littering, damaging, defacing or wrongfully dealing with any University property or any other property on campus or property on a location where a student is present under the auspices of the University;
4. unreasonable conduct, including criminal activity, which may disrupt the normal activities of the University or which may be prejudicial to the reputation, good order and governance of the University;
5. acts or threats of violence, harassment, intimidation, discrimination, coercion, deceit or other conduct (whether by physical, verbal, written or electronic means) that threatens or endangers the health, freedom or safety of any person or obstructs a University member in the performance of their duties;
6. providing information known to be false or the forgery, alteration or misuse of any document, record or instrument of identification;
7. any act of hazing;
8. providing false information before or during an investigation of any matter under the terms of this Policy;
9. breaches of any provision of the Residence Handbook or Accommodation Contract imposing obligations on a resident; and
10. any unreasonable failure by a resident to comply with a sanction arising from an adverse determination.

Section 4 - Procedure to be followed by Associate Director, Student Residence

(9) Where an Associate Director, Student Residence is notified of a possible breach of community standards by a resident, the Associate Director, Student Residence will, within ten working days, communicate this to the resident outlining the possible breach and indicating that the resident and Associate Director, Student Residence should meet to discuss the allegation.

(10) In this communication to the resident, the Associate Director, Student Residence will advise the resident:

1. that the possible breach is being investigated in accordance with these procedures;
2. the timeframe within which the proposed meeting between the Associate Director, Student Residence and the resident to discuss the alleged breach of the community standards will take place;
3. where a full copy of this Policy may be obtained; and
4. that the resident may be accompanied to the meeting by a supporter (Refer Section 8).

(11) If the resident does not respond, or fails to make themself available in the timeframe specified, then the meeting will proceed in the resident’s absence.

(12) When the Associate Director, Student Residence and resident meet, the resident may be accompanied by another person acting in the role of supporter and the Associate Director, Student Residence may ask another staff member to also be present.

(13) During this meeting, the Associate Director, Student Residence will outline to the resident the alleged behaviour giving rise to the allegation and the basis upon which this is alleged to have breached community standards. The resident may respond by either agreeing with the information presented by the Associate Director, Student Residence, or by presenting additional or alternative evidence, mitigating circumstances, etc.

(14) The Associate Director, Student Residence will (either at that meeting or after further consideration and enquiries) make a determination on the matter and inform the resident of this determination and the reasons for it, and, if necessary, impose an appropriate sanction (refer Section 6).

(15) It is preferable for the Associate Director, Student Residence to inform the resident of this decision in a face-to-face meeting during which the resident can be given the opportunity to respond to the decision and the sanction. If considered appropriate, the Associate Director, Student Residence may vary the sanction in light of this discussion with the resident.

(16) The Associate Director, Student Residence will then confirm in writing to the resident the content of the discussion, the determination, the reasons forming the basis of the determination, and any sanction within ten working days. The Associate Director, Student Residence will also include advice to the resident on:

1. the right of the resident to seek clarification from the Associate Director, Student Residence on the determination, any sanctions and the reasons for the determination; and
2. where the resident can locate a copy of this Policy.

(17) The Associate Director, Student Residence will also inform any person who brought the alleged breach to the Associate Director, Student Residence's attention that the matter has been investigated and that an outcome has been determined. The specifics of the outcome will not normally be communicated.

(18) Where there is new and substantive evidence relevant to the breach and/or the sanction, and which was not available when the original decision was made, this should be brought to the Associate Director, Student Residence within five working days with a request for reconsideration of the matter. The Associate Director, Student Residence will resolve the matter within ten working days by:

1. confirming the previous outcome;
2. varying the previous sanction; or
3. dismissing the matter.

(19) The Associate Director, Student Residence may delegate the management of breaches of community standards to an appropriately qualified person, with the approval of the Associate Director, Student Residence.

Section 5 - Sanctions

Sanctioning Philosophy

(20) Where a resident has been found to have breached community standards, the Associate Director, Student Residence may impose a sanction. These sanctions are designed to hold residents accountable for their unacceptable behaviour and are imposed primarily for their educative effect, to manage risk and reduce repeat behaviours.

(21) In determining an appropriate sanction, the Associate Director, Student Residence will consider a range of factors including:

1. the details of the current breach;
2. the risks and significance of the risks to safety and welfare of the resident to themselves or others;
3. the resident’s previous conduct;
4. the resident’s level of contrition regarding the breach; and
5. any other mitigating factors relevant to the matter.

Demerit Points

(22) In response to a proven breach of community standards, the Associate Director, Student Residence may, in addition to another sanction, apply demerit points.

(23) While an Associate Director, Student Residence may elect not to apply a demerit point(s) for a Level 1 breach (see Table 1), an Associate Director, Student Residence must impose demerit point(s) for Level 2 and Level 3 breaches.

(24) Demerit points are cumulative over time. If a resident’s total demerit points reach seven (7), the resident will, on the recommendation of the Associate Director, Student Residence, and with the approval of the Director, be excluded from the Residence (see Table 1).

(25) During study recess and examination weeks, an Associate Director, Student Residence may impose additional demerit points (not exceeding twice the demerit points for the breach) for any breach that has an unacceptable impact on the right of residents to an environment conducive to study.

(26) An Associate Director, Student Residence may, by providing seven days’ notice to the residential community, declare that double demerit points may be applied during a specified period of up to 28 days.

(27) At the end of an academic year, the Associate Director, Student Residence will review all residents who have demerit points accumulated and determine whether to waive, reduce or let stand the demerits points for the following year.

(28) Residents will be advised of their demerit point balance at the end of the academic year.

Indicative Sanctions

(29) Table 1 outlines the level of breaches, examples of breaches and the range of consequences that may be imposed depending on the outcome of the incident.

Table 1

Available Sanctions

(30) When the Associate Director, Student Residence makes a determination that a resident has breached community standards, the Associate Director, Student Residence may apply one, or a combination of the following sanctions:

1. impose demerit points up to the maximum specified in Table 1 (noting that additional points may be imposed as specified in clauses 25 and 26);
2. issue an oral or written warning;
3. issue a written reprimand;
4. place the resident on behavioural probation;
5. suspend the resident from the Residence for up to five (5) nights;
6. recommend to the Director that a “Termination of Licence” be issued terminating the resident’s right of access to one or more University Residences;
7. demand for restitution for costs of replacing or repairing any damaged property up to a maximum of $1,000;
8. withdraw or restrict resident privileges (for example, access to certain facilities, services, activities or events, permission to consume alcoholic beverages, drive or park a motor vehicle);
9. require a formal apology;
10. require the resident to undertake a community service activity for a non-profit organisation;
11. require the resident to complete an on-line behaviour program or essay;
12. change the resident’s room allocation within the same residence;
13. relocate the resident to another University residence;
14. advise the home university (in the case of a Study Abroad or Exchange student), or other educational institutions (in the case of non-UOW students);
15. in the case of urgent matters, refer the resident to the Vice-Chancellor and President or Deputy Vice-Chancellor and Vice-President or Director in accordance with clause 9 of this Policy;
16. in the case of serious matters, in their capacity as a Primary Investigation Officer (PIO) refer the resident to the Student Conduct Committee (via the Safe and Respectful Communities Team) for consideration of Outcomes as defined by section 7 of the Student Conduct Rules which may be in addition to sanctions issued under this Policy.

(31) When a resident’s total demerit points have reached seven (7), the Associate Director, Student Residence may make a recommendation that the Director exclude the resident from one or more University residences, in response to which, the Director may determine to exclude the resident. A decision to exclude a resident will include an automatic termination of license.

Section 6 - Procedure to be followed by the Director, Student Life

(32) Upon receiving a recommendation for exclusion under clause 31, the Director, Student Life (the Director) shall make this determination as soon as possible and within a maximum of seven working days of having received the recommendation.

(33) The Director may either:

1. accept the recommendation and exclude the resident from the residence; or
2. not accept the recommendation and refer the matter back to the Associate Director, Student Residence with a direction to impose a lesser sanction(s).

(34) If the Director accepts the recommendation to exclude the resident from the Residence, the Associate Director, Student Residence will ensure that the resident is served with written notice of this decision within seven working days.

Section 7 - Appeal

Procedure and Grounds for Appeal

(35) A resident against whom an adverse determination has been made, or upon whom urgent action has been imposed, may appeal by lodging with the Deputy Vice-Chancellor and Vice-President (Academic and Student Life) (DVCA) a letter outlining the reasons for the appeal. Except in exceptional circumstances this appeal must be received by the DVCA within seven working days of the written notification of the decision being received by the resident or of the urgent action being imposed. If a resident lodges such an appeal, the DVCA may suspend any sanction imposed by the Director, Associate Director, Student Residence or delegate until the DVCA has made a decision on the appeal. In the case of the sanction of exclusion, the DVCA may suspend the student from the residence taking into account the resident’s behavioural history, pending the outcome of the appeal.

(36) The grounds for appeal are limited to the following:

1. That the Director, Associate Director, Student Residence or delegate did not follow the correct process provided in this Policy in making the decision.
2. That evidence or circumstances that should have been taken into account by the Director, Associate Director, Student Residence or delegate in reaching a decision were overlooked or were not given sufficient weight.
3. That the sanction was inappropriate given the nature of the breach of community standards.

(37) When a resident appeals the decision of the Director, Associate Director, Student Residence or delegate, the burden of proof resides with the resident.

(38) Upon receiving an appeal, the DVCA must decide whether the resident has presented an adequate prima facie case to justify further consideration of the appeal. The DVCA shall make this determination as soon as possible and within a maximum of five (5) working days of having received the appeal.

Appeal Dismissed

(39) If the DVCA decides that there is insufficient prima facie evidence to warrant a full hearing of an appeal, the DVCA will dismiss the appeal and inform the resident of this. The Deputy Vice-Chancellor and Vice-President (Academic and Student Life) will confirm the decision and the basis on which it was made in writing to the resident. The resident has no further opportunity to appeal the decision within the University.

Referral back to Associate Director, Student Residence

(40) If the DVCA decides that there is a sufficient prima facie case to warrant reconsideration of the matter and considers that the matter could be resolved by requesting the Director, Associate Director, Student Residence or delegate to re-hear the matter, the DVCA will inform the Director, Associate Director, Student Residence or delegate and resident of this decision and the basis on which it was made in writing.

(41) The Director, Associate Director, Student Residence or delegate will then re-hear the matter following the process outlined in this Policy within ten working days. The resident will have the right to a further appeal against any decision made by the Director, Associate Director, Student Residence or delegate resulting from this process.

Sufficient Grounds for Appeal

(42) If the DVCA determines that there are sufficient grounds for the appeal and the matter should be considered by the Student Conduct in Residences Appeals Committee, then the case is referred to the Student Conduct in Residences Appeals Committee for consideration.

Student Conduct in Residences Appeals Committee

(43) The Student Conduct in Residences Appeals Committee shall comprise:

1. Student Ombudsman (or nominee) as Chair;
2. Director, Student Life (or nominee); and
3. the Director of another unit within the DVCA portfolio, or Associate Director of another Residence.

Conduct of the Student Conduct in Residences Appeals Committee

(44) The Student Conduct in Residences Appeals Committee will normally meet to consider the resident’s appeal within not less than five working days but no longer than ten working days of the matter being referred to it by the DVCA.

(45) The resident must make all reasonable efforts to be available to meet with the Committee.

(46) The resident may be accompanied by another person who may act as a supporter.

(47) Prior to the meeting all parties will be provided with a copy of any documentation relevant to the matter.

(48) If the resident fails to attend the meeting the Committee may, without further notice, proceed in the resident’s absence to consider the appeal. If there are medical or compassionate reasons for the absence, the DVCA should be notified immediately. The DVCA will determine the acceptability of such reasons and whether the meeting should be deferred.

(49) The committee is not bound by the rules of evidence or other technicalities or legal forms.

(50) Upon convening, the committee will give the resident the opportunity to present their case. The committee will also hear from other relevant witnesses.

(51) The committee will consider the matter and may, if they believe it would assist their deliberations, recall either the resident or the Associate Director, Student Residence or Director to ask additional or clarifying questions.

(52) At the conclusion of these discussions the committee will make a decision to put aside, confirm, modify (in full or in part), or decrease or increase the sanction(s) originally imposed by the Associate Director, Student Residence or Director. The committee will report its decision to the DVCA.

(53) The committee will hold all its proceedings in private and keep an accurate record of proceedings.

(54) On reviewing the committee’s report, the DVCA will promptly inform the Associate Director, Student Residence and/or Director and the resident of the decision in the matter and confirm this in writing to the resident.

Finality of Appeal Decision

(55) The decision of the Student Conduct in Residences Appeals Committee is final and there is no further recourse to appeal within the University.

(56) Where a resident remains dissatisfied with the outcome of an appeal process, the resident may lodge a complaint with the New South Wales Ombudsman.

(57) The appeal process within the University should be exhausted before a complaint is lodged with the NSW Ombudsman.

Section 8 - Supporter

(58) A resident who is required to meet with the Associate Director, Student Residence, Director, DVCA or the Student Conduct in Residences Appeals Committee may be accompanied by another person acting in the role of supporter.

(59) The supporter’s role is to observe the meeting and provide support and guidance to the resident, as requested. The supporter may not represent the resident or speak on the resident’s behalf.

(60) In choosing a supporter, the resident should be mindful of any potential conflict of interest, for example a witness or another resident involved in the matter under consideration may not be a suitable choice to act in this role.

Section 9 - Policy Principles

Natural Justice

(61) Investigations of alleged breaches of community standards will observe the principles of natural justice including:

1. informing all parties of the procedure being followed and providing them with access to all relevant Rules, Standards, Codes, Policies, Guidelines and Procedures;
2. informing the Resident of any allegation made against them, and allowing time for a response in accordance with the timeframes stipulated in the Procedures listed in this Policy at sections 4 - 6
3. providing the respondent with the opportunity to state their case, provide an explanation and/or put forward a defence
4. conducting a factual investigation of the allegation, interviewing all relevant and available parties and considering all relevant information; and
5. acting fairly, impartially or without bias by considering all relevant information, including any mitigating factors.

Standards of Evidence

(62) The formal rules of evidence do not apply to any processes under this Policy. In any investigation of an alleged breach of the community standards, the standard of evidence is the balance of probabilities.

(63) In a case where facts are contested there is generally a “weight” of evidence on each side. The Associate Director, Student Residence will place greater emphasis on evidence which, when fairly considered, produces the stronger impression and is more convincing. After considering all the available evidence the Associate Director, Student Residence will decide whether there is a greater weight of evidence that the resident was responsible for the breach than the resident was not. The standard of “balance of probabilities” is not the same as “beyond reasonable doubt” which is a more rigorous requirement demanded by the courts in criminal cases. Given this, the Associate Director, Student Residence need not attain the degree of certainty that is required to justify a criminal conviction.

Communication

(64) For the purposes of this Policy a letter addressed to the resident and either hand-delivered to the resident’s room or placed in the residence’s mail boxes or an e-mail addressed to the resident’s student email address shall be deemed to have been received by the resident.

Other Jurisdictions

(65) Where behaviour by a resident is under investigation by the Police, ICAC or other external agencies, the University will not commence or will cease actions under this Policy until those external investigations have concluded. Urgency provisions under clause 66-68 enable certain actions to be taken pending the outcome of investigations by third parties should the behaviour in question represent any of the conditions referenced in clause 66(a–e).

Urgency Provisions

(66) Where an alleged breach:

1. is the subject of investigation by the Police or other civil authorities;
2. may bring the University and its staff and students into disrepute;
3. involves extreme harassment or vilification which breaches the University’s principles, statement of values and policy documents;
4. threatens the health, safety or welfare of the resident concerned, or other students or staff; or
5. is otherwise considered to be serious enough to warrant immediate action;
6. a recommendation may be made to the Vice-Chancellor and President, a Deputy Vice-Chancellor and Vice-President or the Director that the following action be taken, pending the outcome of the investigation:
   1. limitation of the student’s right of access to the residence; and/or
   2. termination of the student’s right of access to the residence; or
   3. immediate suspension of the student from the residence.¹

(67) After preliminary review, the Associate Director, Student Residence will make a recommendation as detailed in clause 66.

(68) Upon receiving a recommendation under clause 66, the Vice-Chancellor and President, a Deputy Vice-Chancellor and Vice-President or the Director may either:

1. accept the recommendation and impose an action as set out in Section 9; or
2. not accept the recommendation and refer the matter back to the Associate Director, Student Residence that made the recommendation for further investigation.

(69) Where action is imposed under clause 66, the Associate Director, Student Residence that recommended the action to the Vice-Chancellor and President, a Deputy Vice-Chancellor and Vice-President or the Director will:

1. ensure that the student is served with a written notice of the action imposed, as a matter of urgency; and
2. where action is imposed on a student under Section 9, based on a concern about a serious health condition and the student wishes to resume living in a student residence the Associate Director, Student Residence has the right to report the matter for assessment by the Student Health Assessment Panel in accordance with the Student Health Assessment and Leave Policy before permitting a return to residence.

(70) Where a decision is made by the Director, Student Life the action is to be confirmed by the Vice-Chancellor and President or Deputy Vice-Chancellor and Vice-President within five business days.

Section 10 - Limitations on Effect of this Policy

(71) Nothing in this Policy shall 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.

Section 11 - Record Keeping

(72) All records relating to the management of breaches of community standards shall be retained and disposed of in accordance with the University’s Records Management Policy, State Records Act 1998, and the General Retention and Disposal Authority GDA23.

(73) Outcomes of investigations of breaches shall be recorded and filed within the StarRez system.

(74) Outcomes of investigations of Level 3 breaches or where a resident reaches seven (7) demerit points shall be reported to the Student Residences to be recorded and filed on the Central Register.

Section 12 - Roles and Responsibilities

(75) The Deputy Vice-Chancellor and Vice-President (Academic and Student Life) (DVCA) determines whether a resident who has appealed the decision of the Director, Associate Director, Student Residence has presented an adequate prima facie case to justify further consideration of the appeal.

(76) The Director, Student Life has overall responsibility for management of the University’s residences. The Director has a responsibility to consider a recommendation from an Associate Director, Student Residence for a student to be excluded from the Residence.

(77) The Associate Director, Student Residence has responsibility for the maintenance of community standards and appropriate living environment within each Residence. The Associate Director, Student Residence has a responsibility for:

1. initiating and investigating breaches of community standards in accordance with the procedures set out in section 4;
2. imposing low-level outcomes in response to upheld allegations;
3. communicating the progress and outcome of an investigation to the resident and the complainant (if applicable);
4. where appropriate, advising the Student Residences to create and maintain a record of each investigation on the central register, and
5. where appropriate, referring cases to the Student Conduct Committee for high-level outcomes. In matters which involve residents from more than one residence the respective Associate Director, Student Residences may agree that one of them take responsibility for a particular matter.

(78) The Student Residence Managers and Senior Managers has responsibility to represent the Associate Director, Student Residence, engage in investigations on behalf of the Associate Director, Student Residence and make recommendations on sanctions to the Associate Director, Student Residence.

(79) Residents have responsibility to uphold community standards and observe the provisions of this Policy.

Section 13 - Definitions