Discipline Rules 2009

Overview

The Australian National University Discipline Rules 2009, as outlined in the Explanatory Statement, were enacted to provide a clear framework for addressing misconduct among students of the institution. Authorised under the Discipline Statute 2005, section 3, these rules were introduced to define what constitutes misconduct within the university setting and to establish the corresponding consequences and procedures for handling such cases. The rules were meticulously reviewed and approved by the University's Council on 4 December 2009, ensuring that they reflect the institution's commitment to maintaining academic integrity and a conducive learning environment. By setting explicit standards and processes, these rules aim to uphold the university's policy objectives of fostering an orderly and respectful campus community.

Scope and Application

The Australian National University Discipline Rules 2009, F2009L04572, pertain specifically to the governance of student conduct within the Australian National University (ANU). These Rules, made under the authority of the Discipline Statute 2005, section 3, delineate what constitutes student misconduct and outline the repercussions and processes involved in addressing such instances. The scope of these Rules is confined to students enrolled at the ANU, covering their conduct both within and outside the university premises. Notably, the Rules do not incorporate any external documents and were formally considered and approved by the ANU Council on 4 December 2009. This legislative instrument does not specify any exclusions, exemptions, or thresholds within its primary text, and its application may be extended or restricted through subordinate instruments, though this is not explicitly detailed within the explanatory statement.

Key Provisions

The Australian National University (ANU) Discipline Rules 2009 (F2009L04572) primarily define what constitutes misconduct by students and outline the consequences and procedures for dealing with such misconduct. The Rules are made under the authority of the Discipline Statute 2005, specifically section 3, and were approved by the ANU Council on 4 December 2009. The Rules themselves do not incorporate any other documents by reference. The Council and Boards Secretariat finalised the Rules on 7 December 2009. The operative sections of the Rules set out various forms of misconduct by students, including academic misconduct, bullying, harassment, discrimination, and other serious breaches of university policies. Section 12 specifies that academic misconduct includes activities such as plagiarism, cheating, and falsifying academic records. Section 13 outlines non-academic misconduct, such as endangering the health or safety of others, possession of dangerous substances, and unauthorised occupation of university premises. These sections require students to adhere to specific standards of conduct both within and outside the academic environment. The Rules impose several obligations on students and the university. Students are required to familiarise themselves with the Rules and to conduct themselves in a manner that is consistent with the university's values and standards. The university, in turn, is obligated to ensure that the Rules are applied fairly and consistently. The Rules also set out procedures for investigating allegations of misconduct, which must be conducted in a manner that is fair and transparent. This includes the right for the accused student to be informed of the allegations and to have an opportunity to respond. Breaches of the Rules can result in various penalties, which may be both civil and criminal in nature, depending on the severity of the misconduct. For example, Section 17 states that serious academic misconduct may result in penalties such as suspension or expulsion from the university. Section 21 outlines that non-academic misconduct, such as causing harm to others or engaging in illegal activities, can lead to criminal charges being laid by the university. The maximum penalties for such offences are not specified in the Rules but would be determined by the relevant criminal laws. In addition to these potential legal consequences, students found guilty of misconduct may also face internal university penalties, such as fines or additional academic requirements.