Australian Maritime College Student Disciplinary Rules (23/09/2005) (Cth)

AUSTRALIAN MARITIME COLLEGE

STUDENT DISCIPLINARY RULES

Pursuant to the General Management Statute, the Council hereby:

(a) repeals the Disciplinary Rules made on the sixteenth day of September 1999; and

(b) makes the following Rules

Given under the Seal of the Australian Maritime College this twenty third day of September 2005

Peter Boyce

President & Principal

DJ Crockett

Registrar

1Citation

These Rules may be cited as the Student Disciplinary Rules.

2Application

Unless or until repealed, breaches of the Student Conduct Rules shall be treated as breaches of the Student Disciplinary Rules.

3Powers of Staff

1. A member of the teaching staff

   or nominated managers of academic support facilities, including but not limited to the library, or any senior administrative manager may, in respect of any misconduct by a student committed in a classroom or facility or on College property during a period when such a classroom or facility or property is under his or her control, suspend a student from attendance at such a classroom, or from use of such facility, or from the campus itself, for a period not exceeding 24 hours. The member of the teaching staff or manager shall immediately inform his or her immediate superior officer, who in turn shall inform the Registrar of the action taken.

4Powers of the Registrar

4.1 The Registrar, or the person for the time being so acting, or his or her nominee, whether pursuant to information received under Part 3 hereof or otherwise, shall interview the student at the earliest opportunity and make such enquiries as appear appropriate, including conferring with the staff member responsible for the suspension.

The Registrar shall adopt one of the following courses:

(a) take no further action;

(b) issue a written reprimand and warn the student against repetition of the misconduct;

(c) where, being of the opinion that the student’s behaviour constitutes gross misconduct, inform the President & Principal and within 3 business days thereof, and act to convene a meeting of the Disciplinary Committee in which case the student shall be informed immediately in writing of the action taken.

5Disciplinary Committee

5.1 The Disciplinary Committee shall consist of:

(a) the Registrar, who shall act as Chairperson;

(b) the Head of School or Academic Unit in which the student is enrolled. If the Head was directly responsible for the suspension of the student under Rule 3.1, the Registrar shall select another senior member of the teaching staff of that School or Academic Unit;

(c) where the student has been expelled from a facility, or from the campus, the administrative manager of the facility or the Manager of Properties.

(d) a representative of the Australian Maritime College Students’Association, being the President of that Association, or if unavailable the Vice-President or if unavailable, a student selected by the Registrar.

5.2 Within 3 business days of having been convened, the Disciplinary Committee shall investigate any case referred to it, and in particular, shall:

(a) interview the student and afford the student a reasonable opportunity to explain his or her behaviour;

(b) confer with the staff member responsible for the suspension under Rule 3.1; and

(c) consider:

1. (i)

   whether no further action should be taken;

2. (ii)

   whether the student should be suspended from classes or from the right of entry to the AMC;

3. (iii)

   whether the student should be ordered to make restitution and if monetary restitution, in what amount;

4. (iv)

   whether the student should be expelled from the AMC; and

(d) shall advise the President & Principal, either as a group or individually, of a recommended course of action.

6Powers of the President & Principal

6.1 After considering the recommendation(s) of the members of the Disciplinary Committee, the President & Principal shall adopt within 2 business days one or more of the following courses of action (hereafter the Principal’s decision):

(a) take no further action on the matter;

(b) suspend the student from attending classes or from the use of the AMC facilities for a defined period, providing that a student under suspension may be permitted access to classes or facilities for the purpose of undertaking examinations;

(c) suspend the student’s right of entry to AMC premises or any part for a defined period, providing that a student under suspension may be permitted to attend the AMC for the purpose of undertaking examinations;

(d) order the student to make restitution (in a specified amount) for any damage to property;

(e) expel the student from the AMC

and shall inform the student by notice in writing.

6.2 In the event that the Principal adopts one of the courses described in Rule 6.1(d) (if the amount exceeds $200) or 6.1(e) above, the Principal shall inform the Council at its next regular meeting of the action taken.

7Appeals

The decision of the Principal is final and there is no right of appeal.

8Power to take Consequential Action

Power to take action granted under these Rules shall also include power to take all consequential action as may be reasonably required to give effect to and enforce the decision, including power to prescribe terms and conditions relating to any such action.