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Information Facilities Rules

QUEENSLAND UNIVERSITY OF TECHNOLOGY

INFORMATION FACILITIES RULES

made pursuant to Queensland University of Technology's

Statute No 2 (Student Discipline) 1999 and Statute No. 3 (Fees) 2003

Contents

Part 1 - Application

1. Definitions
   
2. 1A.   Delegation by the vice-chancellor

Part 2 - Breaches of conditions for acceptable use of information facilities

2. Definitions for this part
3. General obligations for use of information facilities
4. Allegation of breach
5. Initial steps to be taken by delegated officer
6. Interim suspension
7. Breach notice
8. Interview conducted by delegated officer
9. Notification of decision on allegation of breach
10. Penalties
11. Appeals
12. Cautions
13. Control of conduct on university land

Part 3 - Penalties for breaches of library borrowing conditions

14. Purpose of this part
15. Definitions for this part
16. Library borrowing conditions
17. Failure to comply with library borrowing conditions
18. Procedure for imposition of penalties
19. Notices
20. Appeals

Part 4 - Fees and related conditions for use of information facilities

21. Definition for this part
22. Fees to be paid for use of information facilities
23. User to pay fees and comply with conditions
24. (Repealed 18.04.07)

Schedule 1 - Acceptable Use of Information Facilities

1. Purpose of this schedule
2. Definition
3. Use of information facilities to comply with law
4. Behaviour while using information facilities
5. Personal responsibility for QUT access account
6. Use of QUT access account
7. Security of information facilities

PART 1 - APPLICATION

1. Definitions

In these rules -

"current mailing address" means the postal address most recently provided by the student to the university.

"electronic mail address" means the electronic mail address provided by the university for the student's use.

"information facilities" means any information resources provided by the university to assist or support teaching, learning, research and administrative activities and includes -

(a) the library collections and materials; and
(b) physical spaces designated for teaching, study or research, such as computer laboratories, technology-equipped classrooms or library study rooms; and
(c) information technology communication equipment, software and data; and
(d) services provided by the university's computer networks, such as electronic mail and the internet.

"item" means any object which a person using the information facilites may take into their possession, and includes books, other written materials, videos or other multimedia resources, computer disks or equipment.

1A.  Delegation by the vice-chancellor

The vice-chancellor may delegate powers under these rules to another officer of the university.

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PART 2 - BREACHES OF CONDITIONS FOR ACCEPTABLE USE OF INFORMATION FACILITIES ¹

2. Definitions for this part

In this part -

"delegated officer" means a member of the university staff appointed in writing by the vice-chancellor to deal with breaches under this part.

"review officer" means the member of the university staff appointed in writing by the vice-chancellor to deal with appeals under this part.

3. General obligations for use of information facilities

(1) A student must not breach conditions for acceptable use of information facilities.

(2) For the purpose of this rule, a breach means any act or omission described in schedule 1 .

4. Allegation of breach

(1) Any person may report an allegation that a student has breached the conditions for acceptable use of information facilities to a delegated officer.

(2) The report may be provided orally or in writing.

5. Initial steps to be taken by delegated officer

The delegated officer (on the delegated officer's own initiative or in response to a report) may take any of the following steps upon becoming aware of an allegation -

(a) make enquiries to decide whether to proceed against a student for an alleged breach of these rules;

(b) impose an interim suspension under rule 6;

(c) advise the registrar of the allegation under section 6 of Statute No 2 (Student Discipline) 1999 ;

(d) notify an appropriate person or body, if the delegated officer suspects that the student may have breached a law of the State or the Commonwealth.

6. Interim suspension

(1) Upon receiving a report under rule 4 , a delegated officer may impose an interim suspension of access to some or all information facilities.

(2) The delegated officer may impose an interim suspension only if the officer considers it necessary to avert a substantial risk of any of the following -

(a) physical or psychological harm to a person;

(b) damage to university property;

(c) disruption of a university activity or service;

(d) the student continuing to act in a manner which breaches schedule 1 .

(3) The delegated officer must send the breach notice to the student within 2 days of the interim suspension being imposed.

(4) The interim suspension continues until -

(a) the delegated officer makes a decision on the alleged breach, provided that this occurs within 16 days of the interim suspension; or

(b) the risk leading to the interim suspension has passed.

(5) The interim suspension period must be taken into account by the delegated officer in imposing a penalty under these rules.

7. Breach notice

(1) If the delegated officer decides to proceed against a student, the delegated officer must give the student a notice of the alleged breach ( the "breach notice").

(2) The breach notice must advise the student of -

(a) the relevant section of schedule 1 alleged to have been breached; and

(b) the incident or conduct giving rise to the alleged breach; and

(c) evidence that the delegated officer has of the alleged breach; and

(d) the date and time set for an interview with the delegated officer (the "interview date"); and

(e) the student's right to respond to the allegation at that interview; and

(f) the consequences of non-attendance at the interview.

(3) The delegated officer must forward the breach notice within 14 days of deciding to proceed against a student for an alleged breach ² .

(4) The notice must be forwarded to -

(a) the student's current mailing address; and

(b) the student's electronic mail address.

8. Interview conducted by delegated officer

(1) The delegated officer must conduct the interview a minimum of 7 days after the date of the breach notice.

(2) At the interview, the student must be given the opportunity to respond to the allegation, including the opportunity to present any facts or evidence relevant to -

(a) whether the alleged breach is proved; or

(b) any excuse or mitigating circumstances.

(3) The student may not be legally represented at the interview, but may be accompanied by another person.

(4) If the student is unable to attend the interview, the student may -

(a) provide a written submission addressing the matters outlined in rule 8(2) to the delegated officer by the interview date; or

(b) request another time for the interview, provided that the interview is held within 21 days of the date of the breach notice.

(5) If the student fails to attend the interview and does not take other action under rule 8(4), the delegated officer may proceed without further recourse to the student.

9. Notification of decision on allegation of breach

(1) The delegated officer must forward a notice of decision to the student within 7 days of the interview date.

(2) A notice of decision must -

(a) advise whether the breach has been proved to the delegated officer's satisfaction on the balance of probabilities; and

(b) if so, advise what penalty is imposed; and

(c) advise the student of the right to appeal the delegated officer's decision to the review officer; and

(d) be forwarded to the student's current mailing address and the student's electronic mail address.

10. Penalties

A delegated officer may impose one or more of the following penalties -

(a) suspension of access to some or all information facilities for a period not exceeding 30 days;

(b) a fine not exceeding 2 penalty units; ³

(c) restitution up to $750.

11. Appeals

(1) A student may appeal against the decision of the delegated officer by notice in writing to a review officer within 14 days of the date of the notice of decision.

(2) The student may appeal on the following grounds -

(a) that the finding that a breach has been proved is wrong;

(b) that procedural requirements were not met;

(c) that the penalty imposed under rule 10 was harsh or unjust.

(3) The review officer must -

(a) review the merits of the case, including any relevant facts or evidence provided by the student in the appeal; and

(b) advise the student, in a written notice sent to the student's current mailing address, of the outcome of the appeal within 14 days of its receipt.

(4) The review officer may -

(a) uphold the decision of the delegated officer; or

(b) vary the penalty imposed by the delegated officer; or

(c) revoke the finding that a breach has occurred and cancel the penalty imposed by the delegated officer; or

(d) refer the matter back to the delegated officer to deal with in accordance with procedural requirements specified in these rules.

12. Cautions

(1) A delegated officer may issue a caution as an alternative to proceeding under this part where -

(a) the alleged breach is minor; and

(b) the conduct giving rise to the alleged breach is not continuing; and

(c) the student has not previously been reported for a breach or alleged breach of these rules.

(2) If the delegated officer decides to issue a caution, the officer is not required to issue a breach notice under rule 7 .

(3) The caution is issued in writing.

(4) Where a caution is issued, no other action on the alleged breach may be taken under these rules.

(5) Nothing in this section prevents a university officer issuing a direction to a student to avoid a breach of schedule 1 .

13. Control of conduct on university land

Action may be taken under this part irrespective of any action taken by an authorised person under part 3 of schedule 1 of the Queensland University of Technology Act 1998 .

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PART 3 - PENALTIES FOR BREACHES OF LIBRARY BORROWING CONDITIONS ⁴

14. Purpose of this part

(1) This part recognises that the non-return of library items by students may significantly disrupt the learning opportunities of other students or impair the ability of other students to participate fully in the university's learning environment. ⁵

(2) The objective of this part is to encourage the prompt return of library items by students.

15. Definitions for this part

In this part -

"responsible officer" means a member of the university staff appointed in writing by the vice-chancellor for dealing with breaches of library borrowing conditions under this part.

"library review officer" means the member of the university staff appointed in writing by the vice-chancellor to deal with appeals under this part.

16. Library borrowing conditions

(1) The vice-chancellor must designate conditions for students borrowing library items (the " library borrowing conditions "), including the following -

(a) the procedures for borrowing items;

(b) the period of time for which items may be borrowed;

(c) the procedures for renewal of loans;

(d) any restrictions on borrowing certain items;

(e) the procedures for recall of an item which is required by another student;

(f) the procedures for dealing with non-return of items, including imposition of the penalties listed in rule 17(2).

(2) The responsible officer must take reasonable steps to make students aware of the library borrowing conditions made under these rules. ⁶

17. Failure to comply with library borrowing conditions

(1) A student must comply with library borrowing conditions .

(2) Where a student fails to comply with library borrowing conditions for the return of an item, the responsible officer may impose any of the following penalties on the student -

(a) suspension of library borrowing privileges;

(b) imposition of a reinstatement of borrowing fee of up to 1 penalty unit; ⁷

(c) imposition of a replacement fee of up to 5 penalty units for an item that is not returned;

(d) suspension of access to other information facilities;

(e) withholding a student's results, an academic transcript or an award certificate.

18. Procedure for imposition of penalties

(1) The responsible officer may impose the penalty listed in rule 17 (2)(a) without recourse to the student, provided that -

(a) the student is immediately notified of the penalty and how the student may rectify the breach; and

(b) the penalty is revoked when the student complies with library borrowing conditions.

(2) Before imposing any of the penalties listed in rule 17 (2)(b), (c), (d) or (e) in accordance with library borrowing conditions, the responsible officer must issue a notice (the "show cause notice") to the student.

(3) The show cause notice must state that -

(a) a penalty will be imposed unless the student, within 7 days, provides the responsible officer with information explaining why a penalty should not be imposed; and

(b) further penalties may be imposed if the student continues to breach library borrowing conditions.

(4) If the student provides information under rule 18(3)(a), the responsible officer must determine whether or not -

(a) on the balance of probabilities, the student has breached library borrowing conditions; and

(b) a penalty should be imposed.

(5) If the student does not respond to the show cause notice, the responsible officer may impose penalties in accordance with library borrowing conditions .

19. Notices

The responsible officer may issue notices under this part to -

(a) the student's current mailing address; or

(b) the student's electronic mail address.

20. Appeals

(1) A student may appeal against the imposition of a penalty listed in rule 17 (2)(b), (c), (d) or (e) by notice in writing to the library review officer within 14 days of the imposition of the penalty.

(2) The library review officer must consider whether -

(a) the penalty has been correctly applied, having regard to these rules and the procedures specified in library borrowing conditions; and

(b) the student has provided any fresh evidence as to why the penalty should not be imposed.

(3) The library review officer may uphold, vary or revoke the penalty by notice in writing to the student's current mailing address within 14 days of the date upon which the appeal was received.

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PART 4 - FEES AND RELATED CONDITIONS FOR USE OF INFORMATION FACILITIES ⁸

21. Definition for this part

In this part -

"user" means any person who borrows, accesses or otherwise uses information facilities of the university.

22. Fees to be paid for use of information facilities

(1) The vice-chancellor may specify the fees to be paid for the use of information facilities or may specify fees to be paid with any of the following conditions -

(a) that different categories of users must pay different fees;

(b) that a category of users is not required to pay a fee for use of the facilities;

(c) that a user may be required to pay a fee only if a condition of use is not met;

(d) that a user may be required to pay an additional fee if a payment is not made by a specified date;

(e) that a user may be required to pay a compensation fee if an item is lost or damaged.

(2) The vice-chancellor must publish a table of information facilities fees and conditions. ⁹

23. User to pay fees and comply with conditions

(1) A user must -

(a) pay the fee specified in the schedule for use of information facilities fees; and

(b) comply with any other conditions specified in the table of information facilities fees and conditions.

(2) If a user fails to pay the fee specified, the user incurs a debt to the university. ¹⁰

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SCHEDULE 1 - ACCEPTABLE USE OF INFORMATION FACILITIES

1. Purpose of this schedule

The object of this schedule is to promote ethical and responsible use of the university's information facilities.

2. Definition

In this schedule -

"QUT access account" means the account allocated by the university to a user to access information technology services and information.

3. Use of information facilities to comply with law

A user must use the university's information facilities in a manner which is consistent with the laws of the Commonwealth and the State of Queensland, including the following -

(a) laws relating to copyright, intellectual property, and the ownership of data, information and software;

(b) laws relating to harassment, discrimination, defamation, breach of confidence and the protection of personal privacy;

(c) the criminal laws of the Commonwealth or the State of Queensland;

(d) Schedule 1 (Part 3, section 12) of the Queensland University of Technology Act 1998 . ¹¹

4. Behaviour while using information facilities

(1) A user must not, while using the university's information facilities -

(a) bring food into or eat, drink or smoke in a physical space comprising an information facility, unless the area is designated for those purposes; or

(b) create a nuisance to other users by generating excessive noise in a physical space, whether from talking, music, electronic games or other activities; or

(c) overload or monopolise information facilities, including equipment, space or services, in a manner which adversely affects other users; or

(d) bring an animal (other than a guide dog) into a physical space comprising an information facility; or

(e) physically interfere with or damage property or equipment of the university or other users whilst using an information facility.

(2) If requested by a university officer having responsibility for supervision of the information facility, or an authorised officer under schedule 1 of the Act, a user

must -

(a) obey a lawful direction given by the officer; or

(b) produce suitable identification, including a student or staff card or a library borrower card.

5. Personal responsibility for QUT access account

(1) A user is responsible for any activity, transaction or publication of information which originates from their QUT access account.

(2) A user must not -

(a) disclose any password or access code associated with their QUT access account to any other person;

(b) allow any other person to use their account;

(c) do any other act which may prejudice the security or integrity of their QUT access account.

(3) A user must accept responsibility for the use of their QUT access account prior to being granted access, or if requested to do so by the university from time to time.

6. Use of QUT access account

(1) A user must use their QUT access account for purposes related to university functions or activities.

(2) Despite sub-section (1), a user may use their QUT access account for incidental personal purposes provided that such use does not -

(a) interfere with the functioning of information facilities systems or services; or

(b) burden the university with excessive costs or exceed any quota imposed by the university for such use; or

(c) in the case of a user who is an employee of the university, interfere with the user's employment.

(3) In this section, an "incidental personal purpose" does not include any of the following -

(a) a purpose associated with a user's personal commercial interests, including advertising;

(b) recruitment of members to, or soliciting donations for, political parties or religious groups;

(c) the transmission, viewing or publication of pornography or other illicit or offensive material;

(d) publication of internet sites or pages unrelated to university activities via the university's information facilities;

(e) personal observations using inappropriate or offensive language published or transmitted via the university's information facilities;

(f) a malicious or unlawful purpose.

7. Security of information facilities

(1) A user must comply with security measures for the protection of information facilities, including physical spaces and information technology networks, systems, services or data.

(2) A user must not do or attempt to do any of the following -

(a) capturing or decoding any password or access code of another user;

(b) circumventing any other security measures or access controls for the university's information technology systems or networks;

(c) reading, capturing, copying, modifying or deleting data held in the university's information technology systems or networks without authority;

(d) creating or installing any form of malicious software which may negatively affect the university's information technology systems, networks, software or data;

(e) connecting or installing any device or software in the university's information technology systems or networks without authority.

End Notes

¹ Part 2 of these rules is made under Statute No 2 (Student Discipline) 1999. The application of this part is limited to students. Breaches of library borrowing conditions are dealt with separately in Part 3 of these rules.

² See rule 5(a).

³ Penalty unit is defined in the Penalties and Sentences Act 1992 (Qld), section 5. One penalty unit is currently $75

⁴ Part 3 of these rules is made under Statute No 2 (Student Discipline) 1999. The application of this part is limited to students.

⁵ Refer to definition of misconduct in section 5(1)(d) of Statute No 2 (Student Discipline) 1999.

⁶ Students must agree to abide by the statutes and rules of the University upon enrolment each year.

⁷ Penalty unit is defined in the Penalties and Sentences Act 1992 (Qld), section 5. One penalty unit is currently $75.

⁸ Part 4 of these rules is made under Statute No 3 (Fees) 2003 and is based on the University's power to make rules regarding the fees to be paid for use of the University's facilities. This part therefore applies to any user of the University's information facilities, including staff, students or others.

⁹ In relation to the QUT Library, library borrowing conditions for categories of borrowers other than students may be incorporated in this table.

¹⁰ See section 3(2) of Statute No 3 (Fees) 2003.

¹¹ Schedule 1 (Part 3, Section 13) of the QUT Act specifies that an authorised person under the Act may direct the person to leave the University's land immediately for contravention or suspected contravention of section 12 of the QUT Act.

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Modification History