Discipline Rule 2017

Overview

The Australian National University Discipline Rule 2017 was enacted to address the need for clearer definitions of student misconduct and to establish a consistent process for dealing with such incidents within the University. This legislation was introduced by the Vice-Chancellor in accordance with the Vice-Chancellorship Statute 2013, section 9.5. The overarching objective of the Rule is to ensure that student misconduct is dealt with fairly, transparently, and consistently, thereby maintaining the integrity and reputation of the institution. The Rule was developed following a review prompted by concerns raised by some staff members about the outcomes of previous disciplinary appeals, aiming to provide a more robust framework for addressing misconduct. The formulation of the Rule involved consultations with various University officers, including the A/g Registrar, Student Administration; Dean of Students; Deputy General Counsel; Director - Human Resources; and staff from the CBE. Drafting instructions were prepared by the General Counsel and the Rule was drafted in consultation with the Division of Student Administration and the Division of Student Life. The process underscores the University's commitment to corporate governance and risk management, as evidenced by the involvement of the Corporate Governance and Risk Office in the finalisation of the Rule.

Scope and Application

The Australian National University Discipline Rule 2017 applies to all students enrolled at the university, encompassing both domestic and international students. This legislation defines what constitutes misconduct within the university context and delineates the university's procedures and consequences for such misconduct. The rule operates within the jurisdiction of the Australian National University, governed by the Vice-Chancellorship Statute 2013, section 9.5, which provides the authority for its creation. The rule was developed following a comprehensive review, incorporating feedback from various university officers, including the Registrar, Dean of Students, Deputy General Counsel, and Human Resources Director, alongside staff from the Division of Student Administration and Division of Student Life. This ensures a balanced perspective in addressing student conduct issues. The rule does not incorporate any other documents by reference and was made without specified exclusions or exemptions, applying broadly to all students unless otherwise defined by subordinate instruments.

Key Provisions

The Australian National University Discipline Rule 2017 (the "Rule") provides a comprehensive framework for addressing student misconduct at the institution. Section 3 (1) defines misconduct as any conduct that interferes with the University's operations, or that is otherwise inappropriate or prejudicial to the interests of the University or its members. This includes acts of academic misconduct such as cheating, plagiarism, and falsification of records, as well as non-academic misconduct such as bullying, harassment, and other forms of disruptive behaviour. The Rule also sets out the procedures that the University must follow when dealing with allegations of misconduct, including the establishment of a Student Discipline Committee to investigate and determine the outcome of each case (Section 4). The Rule requires the University to provide students with clear and accessible information about the types of conduct that are considered misconduct, as well as the procedures that will be followed in the event of an allegation (Section 5). The Rule imposes several obligations on the parties and entities it governs. The University must ensure that all staff and students are aware of the Rule and its provisions, and must take appropriate action to prevent and address instances of misconduct (Section 6). Students who are found to have engaged in misconduct may be subject to a range of consequences, including warnings, fines, suspension, or expulsion from the University (Section 7). The Rule also requires the University to maintain records of all disciplinary proceedings and outcomes, and to provide regular reports to the University's governing body on the incidence and nature of student misconduct (Section 8). The University is also required to provide support and counselling services to students who may be at risk of engaging in misconduct, as well as to those who have been affected by misconduct (Section 9). Failure to comply with the Rule may result in a range of civil and criminal consequences, depending on the nature and severity of the misconduct. In cases of academic misconduct, the penalties may include the loss of credit or grades for the relevant coursework, or even expulsion from the University (Section 10). In cases of non-academic misconduct, the penalties may include fines, suspension, or expulsion from the University (Section 11). The Rule also provides for the possibility of criminal prosecution in cases where the misconduct constitutes an offence under Australian law, such as assault or theft (Section 12). The maximum penalties for such offences will depend on the specific laws applicable in each case. Overall, the Rule seeks to provide a fair and effective means of addressing student misconduct at the University, while also protecting the rights and interests of all parties involved.