Discipline Rule 2021

Overview

The Australian National University (ANU) Discipline Rule 2021 was enacted to provide a clear definition of student misconduct and to establish the procedures for addressing such misconduct within the university. The Rule was made under the authority of the Governance Statute, specifically section 68(1), which grants the power to make rules and orders. The overarching purpose of this instrument is to ensure that students understand what constitutes misconduct and the implications of such actions, while also outlining the university's response mechanisms. This legislative measure was developed through an internal process, endorsed by the Academic Board and subsequently approved by the Vice-Chancellor on 4 May 2021, before being formally enacted on 15 July 2021 by the Vice-Chancellor. The Rule aims to uphold academic integrity and maintain a conducive learning environment within the university.

Scope and Application

The Australian National University Discipline Rule 2021 applies to all students enrolled in the University, establishing a framework for defining and addressing misconduct. This encompasses a broad range of conduct and behaviour that is considered inappropriate or harmful within the university environment. The Rule sets out the consequences for misconduct, which may include warnings, suspensions, or expulsions, and delineates the procedural steps the University must follow in investigating and adjudicating on instances of misconduct. The Rule is jurisdictional in scope, applying solely to conduct that occurs within the premises and activities of the Australian National University. While the Rule itself does not explicitly mention any exclusions, exemptions, or thresholds, it is subject to the overarching governance and legal principles that apply to the University. The application of the Rule can be extended or modified through subordinate instruments, such as specific policies or guidelines, issued by the University under the authority of the Governance Statute.

Key Provisions

The Australian National University Discipline Rule 2021 (Rule) governs the conduct of students and outlines the consequences for misconduct. Section 1(1) defines student misconduct as any action or inaction by a student that contravenes the University’s code of conduct or any other applicable rules or policies. This encompasses a broad range of behaviours, from academic dishonesty such as plagiarism and cheating, to non-academic issues like harassment and discrimination. Section 3 details the procedures for handling misconduct, including the formation of a Disciplinary Committee to investigate allegations and determine outcomes. The Rule imposes specific obligations on students and the University. Students are expected to familiarise themselves with the University’s code of conduct and any related policies to ensure their actions do not constitute misconduct. The University, on the other hand, must ensure that all students are informed of these expectations and must follow the procedures outlined in the Rule when dealing with allegations of misconduct. This includes providing the accused student with details of the allegations, an opportunity to respond, and a fair hearing. Breach of the Rule's provisions can lead to various consequences. Section 5 outlines the possible outcomes for students found guilty of misconduct, ranging from formal warnings to suspension or expulsion from the University. Additionally, Section 7(1) specifies that any student found guilty of academic misconduct may have their academic record annotated, which can have long-term implications for their future educational and professional opportunities. The Rule also reserves the right to refer serious cases to external authorities, potentially leading to criminal charges. The Rule further delineates penalties and consequences for breaches. Section 8(2) stipulates that students found guilty of misconduct may face fines, as well as other sanctions such as mandatory attendance at educational programs. The maximum fine for serious misconduct is set out in Section 9(3), which states a fine of up to AUD 5,000 for offences involving fraud or deceit. Furthermore, the Rule emphasises that repeat offenders are subject to more severe penalties, reflecting the University’s commitment to maintaining high standards of conduct among its student body.