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(1) This Policy and Procedure outlines the process by which student behaviour issues will be managed by La Trobe University (University). (2) Where student behaviour issues are treated as alleged student misconduct, the process will generally be governed by the University’s General Misconduct Statute 2009 (Statute). (4) The University’s values of excellence, inclusiveness, diversity, equity and social justice are reflected in the standards of conduct expected of all students, staff and other members of the University community. (5) The standards of conduct expected of students are detailed in a range of instruments, including but not limited to the: (6) The University aims to address behaviour which falls short of the standards of conduct expected via a process that: (7) All student behaviour concerns and allegations of student misconduct should be reported to Safer Community. Safer Community can be contacted here. (8) The initial steps taken by Safer Community will generally include, as appropriate: (9) Safer Community may assist in the informal management of conduct concerns by, amongst other things, educating, restorative justice and reinforcing the standards of conduct expected of students. (10) Having regard to the nature of the alleged conduct and potential risks Safer Community may put in place temporary health and safety and/or investigation integrity measures, such as a direction that a student does not contact another individual or attend the University or any part of it for a reasonable period of time. (11) Where a student or situation is considered by Safer Community as being high-risk, Safer Community may: (12) Where Safer Community is satisfied that there is enough evidence to support a finding of general misconduct they may recommend the referral of the matter to the General Misconduct Officer via the Office of Student Conduct and Investigations. (13) In considering whether to recommend the referral of a matter to a General Misconduct Officer, Safer Community will also have regard to: (14) The Office of Student Conduct and Investigations provide support and assistance to General Misconduct Officers, who will hear and determine alleged general misconduct. (15) Where the Office of Student Conduct and Investigations receives a report of alleged general misconduct, it will notify the General Misconduct Officer. (16) Having regard to the information, the General Misconduct Officer may: (17) Before hearing from a student, they will generally be informed in writing of the following: (18) In exceptional circumstances, the General Misconduct Officer may decide it is necessary to convene an oral hearing, and in those circumstances the student may have an opportunity to be represented (including by a lawyer) and may be able to cross-examine any complainant. The General Misconduct Officer may also seek advice/support from a suitably qualified person (eg they may appoint a lawyer to assist in the hearing). (19) Where an oral hearing involves an allegation relating to the safety of any person or sexual harm, the General Misconduct Officer will seek advice from the Deputy Director, Student Conduct & Investigations or the Senior Manager, Student Conduct & Investigations other suitably qualified individuals on the appropriate arrangements for conducting the hearing. (20) The procedural requirements are set out in section 11 of the Statute. In hearing and determining any general misconduct matter, the General Misconduct Officer: (21) The General Misconduct Officer: (22) Once the General Misconduct Officer has heard from the student, the General Misconduct Officer may: (23) The General Misconduct Officer will advise the student as soon as practicable of the outcome and their right of appeal to the University Appeals Committee, describing the requirements prescribed in section 12 of the General Misconduct Statute 2009 for making such an application. (24) Where the Vice-Chancellor is satisfied that: (25) The Vice-Chancellor must give written notice of their decision to the student concerned as soon as reasonably practicable. A notice of decision must set out the reasons for the decision. (26) If the Vice-Chancellor is reasonably satisfied that it is appropriate or necessary in the circumstances, an exclusion decision may be expressed to take effect immediately and, if so expressed, shall take effect immediately, even if the written notice cannot be given to the student concerned immediately. (27) A student must comply with an exclusion decision and a student who fails to comply is guilt of general misconduct. (28) For the purpose of this Policy and Procedure:Student Conduct Management Policy
Section 1 - Background and Purpose
Section 2 - Scope
Top of PageSection 3 - Policy Statement
Top of PageSection 4 - Procedures
Part A - Reporting a Conduct Concern to Safer Community
Temporary safety and investigation integrity measures
High risk conduct
Referring General Misconduct to the General Misconduct Officer
Part B - Hearing and Determination by General Misconduct Officer
Opportunity to be heard
Procedural Requirements for General Misconduct Officers
Outcome
Appeal
Part C - Action by the Vice-Chancellor – High Risk Misconduct
Section 5 - Definitions