Section

1. Short Title

2. Commencement

3. Application

4. Discipline Review Panel

5. Misconduct

6. Complaints

7. Procedures of Discipline Review Panel

8. Notification of decision

9. Appeals from the Panel

10. Council Appeal procedures

11. Immediate suspension

12. Interim suspension, but not indicating guilt

13. Suspensions not to prohibit further action

14. Penalties

15. Enforcement

16. Where the matter is running in another jurisdiction

17. Rule making

1. Short Title

This Statute may be cited as the Student Discipline Statute 1999.

2. Commencement

This Statute commences on the commencement of section 56 of the Queensland University of Technology Act 1998.

3. Application

(1) Without limiting the generality of Schedule One to the Act, this Statute is to be used where the outcome of the student's alleged misconduct could be the imposition of a penalty.

(2) This Statute applies to all misconduct committed by a student in or on QUT lands or by using QUT services or facilities, whether or not in connection with an academic program, or, if committed otherwise than on University lands or by using QUT services or facilities, committed whilst performing tasks as part of an academic program.

(3) For the purposes of any misconduct connected with a student's involvement in any academic program, except in cases of urgency as determined by the Registrar, this Statute may be brought into effect at the completion of any school-based assessment of any allegation or centrally organised assessment of any allegation, both of which will include, where appropriate, interviewing the student and obtaining the student's formal response as an inclusion to any report referred to the Registrar.

(4)

1. " Registrar" means the University's Chief Administrative Officer.
2. " QUT symbol " means the official symbol of QUT as approved by Council;
3. " QUT name " includes "the Queensland University of Technology", "QUT", "the University" or other words used by QUT from time to time as its name;
4. " QUT land " includes any building, part thereof, or land which is owned, occupied or leased by QUT;
5. " QUT community " includes the University and all staff and students at QUT.

4. Discipline Review Panel

(1) The Discipline Review Panel will hear and determine cases of misconduct referred to it by the Registrar.

(2) In all hearings, the Discipline Review Panel will have regard to the rights of the student and the need for the proper protection of the University and the QUT community.

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

(4) At the commencement of each Council term, Council will nominate three QUT staff members, one of whom must be a member of Council, to constitute the Panel, but the Registrar cannot be a member. The Council will nominate one of the nominees to be the Chair of the Panel. Council will also delegate authority to the Panel to determine matters.

(5) Where a Panel member, including the Chair, resigns from the Panel, or is unable to sit for the remainder of the term, Council will nominate a replacement for either the remainder of the term or temporarily as required.

(6) Whenever the Panel convenes to hear a matter, the Student Guild will nominate two representatives to the Panel, and the Registrar will appoint a Secretary to the Panel.

(7) The Panel may seek advice from any person, which it deems appropriate.

(8) Three members of the Panel, including all Council nominees, will be a quorum.

(9) When a case is referred to the Panel, all members are under a duty to disclose any conflict of interest, either real or perceived, or as could be potentially perceived. The member under such a conflict may voluntarily step down from the hearing, and Council will appoint a temporary replacement. Or, the Panel may decide that a member's conflict of interest requires they absent themselves from the hearing. In such a case, the Panel will advise Council accordingly, and Council will appoint a temporary replacement.

5. Misconduct

(1) A student who, without reasonable cause -

1. contravenes or fails to comply with any Statute or Rule or lawful order of a QUT employee;
2. does an act or omission which may endanger the safety or health of any person;
3. unlawfully assaults or attempts to assault any person, or causes any person to hold reasonable fear for his or her safety or physical or psychological well-being;
4. impairs the ability of any person to participate in any legitimate University activity, or does any act or omission which disrupts or tends to disrupt the peace or good order of the University;
5. divulges confidential information relating to any University matter;
6. damages or wrongfully deals with, or interferes with, or causes damage or loss to any property in or on QUT lands or property belonging to a third party where the damage, wrongful dealing or interference occurs during a course of study by the student;
7. fails to comply with any action taken under this Statute;
8. makes a false representation regarding a matter affecting him or her as a student of the University;
9. breaches any University policy including, but not limited to, those concerning sexual harassment, intellectual property, occupational health and safety, or the use of computers, computer facilities, information technology and information technology facilities;
10. breaches any provision contained in an Act of the Commonwealth or of the State of Queensland to which the University is subject, while in or on QUT land or using QUT services or facilities;
11. assumes or uses in connection with any trade, business or profession, or any club, association or person, and without the written permission of the Registrar, the QUT symbol or name or Common Seal or any symbol or name or common seal so nearly resembling the QUT symbol or name or Common Seal as to be likely to deceive;
12. prints, publishes or distributes to any person or causes to be printed, published or distributed to any person any written or printed matter whatsoever in or upon which appears without the written permission of the Registrar, the QUT symbol or name or Common Seal or any symbol or name or common seal so nearly resembling the QUT symbol or name or Common Seal as to be likely to deceive;
13. reproduces or represents by any means whatsoever on any vehicle, article or material whatsoever, and without the written permission of the Registrar, the QUT symbol or name or Common Seal or any symbol or name or common seal so nearly resembling the QUT symbol or name or Common Seal as to be likely to deceive;
14. matters which are not dealt with under Schedule One to the Act.

- is guilty of misconduct.

6. Complaints

(1) A QUT employee or student may report an alleged occurrence of misconduct to the Registrar. The report must be in writing, provide sufficient detail to describe the event, be signed by the complainant and include the complainant's mailing address.

(2) The Registrar may also act on any matter brought to the attention of the Registrar whether by a QUT employee, student or other party.

(3) On receiving a complaint or where a matter has come to the Registrar's attention, the Registrar may determine to send the matter to the Discipline Review Panel, and advise the student by written notice.

7. Procedures of Discipline Review Panel

(1) When an allegation of misconduct is sent to the Panel by the Registrar, the Panel is to convene as expeditiously as possible.

(2) Once convened, the Panel will within seven days, send notice to the student pursuant to sub-section (3). The notice will be delivered to the student, or posted to the student's last known place of address according to the record of the University. Where the notification is posted, the student will be deemed to have received the notification on the date on which it would have been delivered in the ordinary course of the post.

(3) The notice will be in writing and signed by the Chair of the Panel and -

1. describe the nature of the allegation;
2. state the time, date and place for that interview, which must not be earlier than 10 days or more than six weeks after the date of the subsection (2) notice.
3. state that the student may be accompanied by a representative;
4. state whether the student (directly, or through his or her representative) may call witnesses. The student (directly, or through his or her representative) and the Panel may question all witnesses, but a witness cannot be compelled to answer a question;
5. state that the student can provide a written submission instead of attending the interview. Such a submission is due on the date, time and at the location as specified in (b);
6. state that the University will, if requested by the student at least three days before the hearing, provide an interpreter; and
7. enclose a copy of this Statute for the student's information and copies of all relevant statements or adverse material that the Panel proposes to take into account in its determination.

(4) All interviews will be held in camera and the Secretary to the Committee will take an adequate record of the evidence and decision.

(5) The standard of proof will be the balance of probabilities.

(6) Where the student or representative fails to appear, and fails to provide a written submission, the Panel may determine the matter and impose a penalty, as if the student had appeared.

(7) In the case of equality of votes, the student will be found not guilty.

8. Notification of decision

Within seven days of concluding all interviews, the Panel will provide a written notification to the student that states the Panel's determination, and include information about appeals to Council.

9. Appeals from the Panel

(1) A student found guilty of misconduct may appeal to Council, but only on procedural grounds, meaning that the procedures set out in this Statute have not been followed.

(2) Such an appeal must be in written submission form, and lodged with the Secretary to Council within 14 days of the panel's notification of its determination to the student.

(3) The student's submission must state in sufficient detail the procedural grounds on which the student relies.

10. Council Appeal procedures

(1) Council may establish a sub-committee of Council to deal with any appeals. The sub-committee will comprise two QUT staff members, one of whom must be a member of Council, but the Registrar cannot be a member. Council will nominate one of the nominees to be the Chair of the sub-committee. Council will also delegate authority to the Panel to determine matters.

(2) Whenever the sub-committee convenes to hear a matter, the Student Guild will nominate one representative, and the Registrar will appoint a Secretary to the Panel.

(3) Any person who sat on the Panel to hear the matter at the first instance, will not be a member of the sub-committee.

(4) The sub-committee will have absolute discretion to consider the appeal in such a manner as it deems appropriate to the circumstances of the case.

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

(6) The sub-committee will limit its inquiry and decision to procedural matters, meaning whether there was compliance with the procedures set out in this Statute.

(7) The sub-committee, is not obliged to hear or accept further submissions from the student, but if it decides to do either or both, the student must be notified in writing and that notification must specify the time, date and location for the hearing or deadline for further submissions. Such time must be reasonable.

(8) Where the sub-committee determines that the procedures set out in this Statute have not been followed, the matter will be remitted to the Disciplinary Review Panel for a new determination or imposition of a new penalty. The Disciplinary Review Panel will not hold a fresh hearing into the matter.

(9) The decision of the sub-committee must be communicated to the student within seven days of its determination.

11. Immediate suspension

(1) Where the safety, good order or peace of QUT or its community is threatened or prejudiced, the Registrar may immediately suspend the student for a period not exceeding 72 hours.

(2) The Registrar will then deal with the allegation as outlined in this Statute.

12. Interim suspension, but not indicating guilt

(1) Where the presence of a student charged with misconduct on any University site may prejudice the safety, good order or peace of the University or its community, the Registrar may suspend the student from entering QUT and using all or any of its services and facilities, until the student's case is determined. The Registrar may however grant the student permission to enter the campus for a specific purpose.

(2) Such a suspension is only to be made for the protection of the QUT community and is not to be taken as an indication of guilt.

(3) No appeals lie against such a suspension.

(4) The Registrar or Vice-Chancellor may remove the suspension at any time.

13. Suspensions not to prohibit further action

Any suspension imposed under sections 11 or 12 will not prevent subsequent action against the student in respect of the alleged misconduct.

14. Penalties

(1) Where a student is found guilty of misconduct the Panel may -

1. reprimand the student;
2. fine the student an amount not exceeding 20 penalty units;
3. order the student to pay compensation which is limited to the cost of restoring the item to the University;
4. withhold exam results for a specified period;
5. suspend the student from attendance at classes;
6. suspend the student from entry onto QUT lands;
7. suspend the student from use of QUT facilities and/or services, including library borrowing and computer access rights;
8. cancel the student's credit where the misconduct relates to academic matters;
9. award a failing grade in one unit, or more than one unit, but not necessarily all units studied in the particular semester involved;
10. impose a probationary enrolment, provisional on the student's good behaviour;
11. exclude the student for a specific period of time;
12. expel the student from the University;
13. impose any combination of these sanctions.

(2) In deciding on the appropriate penalty, the Panel must have regard to what is just in all the circumstances.

15. Enforcement

(1) The imposition of any penalty made under this Statute becomes operative immediately, and, except where a failed grade/s is awarded for the first offence, recorded on the student's official record.

(2) The student must discharge any fine or compensation before graduating, otherwise the student's graduation will be delayed until the amounts are paid.

(3) The University may withhold results, suspend computer access and library rights until the penalty has been discharged.

(4) Where compensation or a fine is imposed, the student may enter into a payment arrangement satisfactory to the Registrar.

(5) A student, who is expelled from the University under this Statute, will not be re-enrolled except by permission of Council.

16. Where the matter is running in another jurisdiction

Any action taken under this Statute may proceed, irrespective of any action involving the student, in any other court, commission or tribunal, and irrespective of any other external investigation of the matters giving rise to the allegations against the student.

17. Rule making

Council may make rules consistent with this Statute.

1. Made by the Council of the Queensland University of Technology on 20 May 1999.

2. Published in the Gazette on 11 June 1999.

3. Laid before the Legislative Assembly on 13 September 1999.

4. The administering agency is the Department of Education.

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