Explanatory Statement: Discipline Rule 2018
Authority for making the instrument
This instrument is made under the Vice-Chancellorship Statute 2013, section 9.5.
Purpose and operation of the instrument
The Rule defines misconduct by students of the University and set out the consequences of, and University procedures for dealing with, misconduct.
Documents incorporated by reference
None.
Consultation
The Australian Human Rights Commission in August 2017 published: Change the Course; National report on sexual assault and sexual harassment at Australian universities. The University commissioned an independent report by Rapid Context in response and agreed to undertake a number of actions in response to both reports. Firstly the Respectful Relationships Steering Committee was established to oversee the implementation of the recommendations, with a Working Group to action those items.
One of them included reviewing the procedures and mechanisms under which disciplinary action may be taken. The amendments to the current Discipline Rules follow from the Report. They were initially limited in nature and did not involve a major overhaul of the Rules, rather, in the words of the Report, they ‘seek to amend and supplement those rules so that they may operate more effectively to benefit the University as a whole’.
However, there were a number of other areas for improvement, some driven by other issues, not related to the AHRC report, and the University has taken this opportunity to make those further changes beyond those recommended by the AHRC report. The result is a more comprehensive review and update of the current Discipline Rule.
Drafting instructions for the new Discipline Rule were prepared by the Deputy General Counsel and the instruments were drafted by the University’s legislative drafter.
Both Division of Student Administration and Dean of Students were consulted and assisted with instructions on the draft Rule, including attending a number of meetings with the Deputy General Counsel and the legislative drafter.
The key changes to the new Discipline Rule 2018 were discussed by the Respectful Relationships Steering Committee at their 14 March 2018 meeting, that was attended by all relevant stakeholders and it was agreed that the revised version be recommended to the Vice-Chancellor to be enacted.
As approved by Professor Brian P. Schmidt,
Vice-Chancellor of the Australian National University on 19 March 2018.
Overview
The Discipline Rule 2018, enacted under the Vice-Chancellorship Statute 2013, was introduced to address issues of misconduct by students at the Australian National University (ANU). The enactment followed the Australian Human Rights Commission's 2017 report, "Change the Course," which highlighted sexual assault and harassment issues at Australian universities. The rule was further refined through an independent review by Rapid Context and recommendations from the Respectful Relationships Steering Committee. The policy objective of the rule is to define misconduct more clearly and establish effective procedures and consequences for such misconduct, aiming to benefit the university community as a whole. The rule underwent consultation with various stakeholders within the university, including the Division of Student Administration and the Dean of Students, before being recommended to and enacted by the Vice-Chancellor on 19 March 2018.
Scope and Application
The Discipline Rule 2018 applies to students enrolled at the University, providing a comprehensive framework that defines misconduct and outlines the consequences as well as the procedures for handling such incidents. The Rule encompasses a wide range of student conduct, including but not limited to academic dishonesty, bullying, harassment, and other behaviours that contravene the University’s policies and values. It is designed to ensure a respectful and conducive learning environment for all students. The Rule operates within the jurisdiction of the Australian National University and is applicable to all students regardless of their location or the nature of their enrolment. The disciplinary process under this Rule includes investigations, hearings, and possible sanctions which may include suspension or expulsion from the University. The Rule does not explicitly mention exclusions or thresholds but implies that all forms of misconduct will be assessed on a case-by-case basis. Additionally, the application of the Rule can be further defined or extended through subordinate instruments, which may provide more detailed procedures or specific instances of misconduct.
Key Provisions
The Discipline Rule 2018 (section 1) serves to define misconduct by students at the University and outlines the consequences and procedures for addressing such misconduct. It is important to note that these provisions apply specifically to students who are members of the University community and aim to ensure a respectful and safe environment for all members. The Rule is structured to clearly identify instances of misconduct and the corresponding University procedures for dealing with them (section 2). Examples of misconduct might include academic dishonesty, bullying, harassment, and other forms of inappropriate behaviour that undermine the integrity and well-being of the University community.
The obligations imposed by the Discipline Rule 2018 on students and the University are significant. Students are required to adhere to the standards of conduct set out in the Rule and are expected to act in a manner that is respectful and considerate of others (section 3). The University, in turn, is obligated to ensure that these standards are upheld and that there are clear, fair, and consistent procedures in place for addressing any instances of misconduct (section 4). This includes providing avenues for students to report misconduct and ensuring that any investigations are conducted impartially and in accordance with the Rule.
Breaching the provisions of the Discipline Rule 2018 can have serious consequences. The Rule sets out specific offences and penalties for various forms of misconduct (section 5). For example, academic dishonesty, such as cheating or plagiarism, may result in penalties ranging from a formal warning to suspension or expulsion from the University (section 6). Similarly, more severe forms of misconduct, such as bullying or harassment, can also lead to serious consequences, including disciplinary action and potential criminal charges in some cases (section 7). The maximum penalties for these offences are detailed in the Rule, with the severity of the penalty depending on the nature and severity of the misconduct (section 8). It is crucial for both students and the University to be aware of these consequences to ensure a safe and respectful environment for everyone involved.