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General Misconduct Procedures
Student Handbook > Student-Non-Academic Policies & Procedures  >  General Misconduct
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1.  Governing policy

The General Misconduct Procedures relate to the implementation of the General Misconduct Policy and the Accommodation Rules.

These procedures outline the process for managing allegations of general (i.e. non-academic) student misconduct (“misconduct”) and the levels of potential penalties or outcomes. Matters relating to academic integrity are outlined in the Academic Integrity Policy and Academic Integrity Procedures.

2.  Scope

These procedures are relevant to all students and staff involved in allegations of general misconduct.

3.  Procedures

3.1 Reporting misconduct

Any person may report, and has an obligation to report, alleged misconduct by a student. Confidentiality and privacy will be maintained and any personal information required to be shared will be done so in accordance with the Privacy and Personal Information Policy.

3.2 Assessing and investigating misconduct

To assist in the process of dealing with misconduct, the institution identifies two formal levels of misconduct and associated penalties or outcomes.

3.3 Penalties

Table 1. General misconduct penalties

Table 1 applies to all acts of misconduct with the exception of those that occur in student accommodation. Students breaching the Accommodation Rules will be dealt under Table 2.

Penalty (or penalties)

Examples of misconduct (excluding accommodation)

Delegated authority

Level 1 – first offence and/or minor breaches

This level tends to be an isolated example of behaviour which falls short of the expected standards. Level 1 misconduct normally relates to a first offence and has not been subject to a warning.

  • No further action be taken but a reprimand be recorded.
  • Verbal or written warnings. 
  • Replacement cost for property damage.
  • Formal apology to aggrieved party. 
  • Community service that is of benefit to the student and institution commensurate to the act of misconduct.  
  • Mediation, such as counselling.
  • Student prevented from participating in an activity or using a facility up to a maximum of three weeks, as long as it does not affect a student’s ability to study. 
  • Minor breach of policy and/or procedures.
  • Disruptive or unacceptable behaviour that has caused annoyance to others.
  • Failure to follow reasonable directions from staff. 
  • Providing misleading information.  
  • Minor damage to property.
  • Misuse or interference of the institution’s property. 
  • Misuse of facilities or a breach of facility rules.
  • Divulging, without authority, confidential or personal information of another student or staff member.
  • Any other examples of minor misconduct as determined by the institution.

Deputy Registrar (Engagement and Student Lifecycle)

and/or

Campus and Operations Director

Level 2 – repeat offences and/or major breaches

This level may relate to repeated offences, major breaches of expected standards.

  • Suspension from the institution, including any of its facilities, for a defined period.*
  • Permanent exclusion or excluded for a defined period from the institution.* 
  • Such other penalty or action considered appropriate. 
  • Referral to relevant government authorities (e.g. Australian Federal Police, Australian Security Intelligence Organisation, Department of Home Affairs) as appropriate.

 

  • Participating in or permitting illegal activity on campus premises.  
  • Sexual assault or sexual harassment.
  • Serious inappropriate behaviour such as violence (or threats of), vandalism, vilification, harassment, etc.
  • Threatening or endangering the life of another person or themselves.
  • Theft.
  • Behaviour that brings the institution into disrepute.
  • Any act or omission which leads to a conviction or a breach of the Criminal Code or any other state or federal legislation.
  • Repeated offences where penalties have been given. 
  • Failure to comply with a previously imposed penalty.
  • Any other examples of major misconduct as determined by the institution. 

General Misconduct Panel

* For international students under 18 years of age, the institution will act in accordance with the Under 18 Student Policy and Standard 5.6 of the National Code.

Table 2. Accommodation misconduct penalties

A breach of the Accommodation Rules will constitute misconduct and penalties will be determined using the accommodation penalties in Table 2. Allegations of misconduct that occur in or around accommodation buildings by a resident student will be subject to the penalties in Table 2. All other misconduct that occurs outside the accommodation will be considered as general misconduct under Table 1.

Penalty (or penalties)

Examples of Accommodation Rule breach

Delegated authority

Level 1 – first offence and/or minor breaches

This level tends to be an isolated example of behaviour which falls short of the expected standards. Level 1 misconduct normally relates to a first offence and has not been subject to a warning.

  • Verbal or written warnings. 
  • Suspension of privileges (such as hosting a guest or social gatherings).
  • Relocation to another room in the same or in other accommodation.

 

  • Disruptive or unacceptable behaviour that has caused annoyance or disturbance to others (such as noise and social gathering misdemeanours).
  • Smoking.
  • Unregistered guests.
  • Animals in rooms (other than registered assistance dogs).
  • Binge drinking.
  • Irreconcilable flatmate dispute.
  • Minor damage to accommodation property.
  • Rooms left at an unacceptable level of cleanliness upon check-out.
  • Biohazard removal or clean-up.
  • Access device or lock damage or loss.
  • Giving the student’s access device to another person and/or allowing another person to occupy the student’s room without authorisation from the institution.
  • Breach of an Accommodation Rule.
  • Any other examples of minor breaches as determined by the institution.

 

Campus and Operations Director

and/or

Campus and Operations Assistant Director

and/or

Manager on Duty

Level 2 – repeat offences and/or major breaches

This level may relate to repeated offences, major breaches of expected standards.

  • Costs for damage and/or loss
  • Immediate termination of accommodation and/or exclusion from accommodation for a specified period of time.
  • Decline future applications.
  • Suspension from the institution, including any of its facilities, for a defined period.*
  • Permanent exclusion or excluded for a defined period from the institution.*  
  • Referral to relevant government authorities (e.g. Australian Federal Police, Australian Security Intelligence Organisation, Department of Home Affairs) as appropriate.
  • Such other penalty or action considered appropriate. 

 

 

  • Acts of violence.
  • Serious inappropriate behaviour, such as serious harassment, vilification or threats of violence.
  • Intentionally endangering or threatening the life of another person or oneself.
  • Participating in, or permitting illegal activity.
  • Acts of vandalism.
  • Bringing the institution into disrepute.
  • Replacement cost for damage to or loss of property.
  • Deliberate or false activation of a fire alarm or damage to fire safety equipment including replacement, reinstatement or repair.
  • Failure to pay fees, fines and/or costs.
  • History of accommodation debt on more than two occasions.
  • Accessing restricted or prohibited areas.
  • Repeated breaches of the Accommodation Rules.
  • Any other examples of major breaches as determined by the institution.

 

General Misconduct Panel

* For international students under 18 years of age, the institution will act in accordance with the Under 18 Student Policy and Standard 5.6 of the National Code.

3.4 Process

Table 3. Process for handling allegations of misconduct and breaches of the Accommodation Rules.

Process

Delegated authority

Timeframe

Level 1 – first offence and/or minor breaches

  1. Refer the matter to the delegated authority, as outlined in Tables 1 and 2, for investigation.
  2. Invite the student to respond (either face-to-face or via email) to the allegation within two working days.
  3. Determine penalty, normally within 10 working days, in accordance with Table 1 (general misconduct) Table 2 (Accommodation Rule breach).
  4. Email the student the outcome and advise of review of decision procedures outlined in the Complaints and Appeals Policy and Complaints and Appeals Procedures.
  5. Update the student record and Register.

 

As outlined in Tables 1 and 2.

Student response within two working days

Penalty determined within 10 working days

Level 2 – repeat offences and/or major breaches

  1. Refer the matter to the delegated authority, as outlined in Tables 1 and 2, for investigation.
  2. Invite the student to respond (either face-to-face or via email) to the allegation within two working days.
  3. Convene a panel to determine penalty normally within 15 working days of alleged misconduct.
  4. Email the student the outcome and advise of review of decision procedures outlined in the Complaints and Appeals Policy and Complaints and Appeals Procedures, and for international students, inform them to seek advice from the Department of Home Affairs on the potential impact on their student visa.
  5. For international students, report any enrolment changes to the Department of Home Affairs (after appeals process complete).

In exceptional circumstances, if the student’s actions are perceived to be an immediate threat to the safety of people or wellbeing of property, immediate and temporary provisions may be utilised (see paragraph 3.6 of these procedures).

As outlined in Tables 1 and 2.

 

Student response within two working days

Convene General Misconduct Panel within 15 working days

 

 

3.5 General Misconduct Panel

A panel is convened by the Registrar if the misconduct warrants a penalty that involves suspension from studies or any of the institution’s facilities including accommodation. The convening officers will ensure that the allegation is fully investigated before the panel meets and that the student has been given the opportunity to respond to the allegation in advance.

Panel membership will normally consist of:

  1. Registrar (as Chair);
  2. Chief Operations Officer
  3. Dean (Academic Operations)

The chair has authority to appoint additional members as required. Membership may be changed if a member discloses a real or perceived conflict of interest. Penalties imposed by the panel will commensurate with the proven allegation and will be based on past precedents. 

3.6 Immediate and temporary removal

In extreme cases, where a student’s behaviour is perceived to be an immediate threat to the safety of people or wellbeing of property, the Registrar may immediately and temporarily remove a student from campus facilities. 

The temporary removal period may normally be up to 14 days but it may remain in force until a General Misconduct Panel investigation has been concluded and the student notified of the outcome.

Students removed under these provisions, will be deemed to have committed Level 2 (repeat offences and/or major breaches) misconduct and a panel will be convened within 15 working days to determine the appropriate penalty or outcome.

3.7 The outcome

If a student is dissatisfied with the penalty or outcome, he/she may ask for the decision to be reviewed under the Complaints and Appeals Policy and Complaints and Appeals Procedures by lodging a complaint within 20 working days from the date of the decision.

4.  Compliance and monitoring

For international students on a student visa, the Institution ensures that any suspensions, cancellations or expulsions are undertaken in accordance with the Standard 9 of the National Code of Practice for Providers of Education and Training to Overseas Students 2018.

The Institution monitors incidents of misconduct and precedents regarding penalties to ensure a fairness and consistency.

5.  Reporting

For international students, a suspension or cancellation of the student’s enrolment will be reported to the Department of Home Affairs via PRISMS as soon as practicable. Students will need to seek advice from immigration on the potential impact on their student visa.

Incidents of general misconduct are reported annually to the Executive Management Group and Quality Audit and Risk Committee. For misconduct matters that involve the police, the Board of Directors will be informed immediately.

6.  Records management

All cases of general misconduct must be entered onto the General Misconduct Register which is maintained by the Registrar’s Office.

7.  Related documents

Academic Integrity Policy

Complaints and Appeals Policy 

Complaints and Appeals Procedures  

General Misconduct Policy

Student Code of Conduct

 

Approved by the Board of Directors on 5 December 2018.