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Complex Conduct Assessment and Management Policy

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Section 1 - Background and Purpose

(1) To provide a process for assessing and managing complex conduct and potential behavioural threats, including but not limited to where there may be a reasonable belief that a student has a serious health condition that makes them unfit to attend University or continue in a course for a period of time.

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Section 2 - Scope

(2) This Policy applies to all students at all campuses (including when students are representing the University across Australia or abroad).

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Section 3 - Policy Statement

(3) La Trobe University aspires to provide an outstanding student experience that is conducive to scholarly activity and supportive of individual learning goals. Underpinning this exercise is a safe, inclusive and respectful environment.

(4) La Trobe University will not tolerate instances of unacceptable behaviour on any La Trobe University campus, or when representing La Trobe University within the broader community.

(5) This Policy does not preclude action in response to criminal activity or serious violations of La Trobe University rules, policies, or procedures.

(6) The University will respect the rights of students by endeavoring to wherever practicable and appropriate:

  1. provide transparency regarding the process;
  2. provide clear communication regarding expectations and outcomes as appropriate;
  3. provide procedural fairness; and
  4. maintain all personal information in accordance with the University’s Privacy – Personal Information Policy and Privacy – Health Information Policy.

(7) The University will support students, wherever practicable and appropriate by:

  1. providing counselling and wellbeing support services;
  2. making reasonable adjustments to academic study;
  3. informing students of application processes for special consideration or remission of debt outcomes, where appropriate;
  4. facilitating leave from study.
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Section 4 - Procedures

Part A - Reporting Unacceptable or Concerning Conduct

(8) Any member of the University can report student conduct concerns to Safer Community.

(9) In an emergency or in circumstances of immediate danger on-campus, call:

  1. Police or Emergency Services (24 hours): 000
  2. and then Campus Security(24 hours): 03 9479 2222

Part B - Considering Complex Conduct Concerns

(10) Where either Director, Health, Wellbeing & Inclusion (or their delegate), or the Deputy Director, Student Conduct & Investigations (or their delegate) considers a student’s conduct to be complex, involve potential behavioural threats and/or they believe the student may have a serious health condition which is negatively impacting the student or the University community, they may recommend to the Deputy Director, Student Conduct & Investigations that they convene a meeting of the Threat Assessment and Management Team (TAMT) to consider the most appropriate course of action. The Deputy Director, Student Conduct & Investigations may also convene a TAMT meeting as appropriate.

(11) The Threat Assessment and Management Team (TAMT) will meet within 24 hours, wherever practicable, and be made of at least 4 staff as follows:

  1. Director, Health, Wellbeing & Inclusion or their nominee;
  2. Senior Manager, Strategy, Prevention & Education or their nominee;
  3. Senior Manager, Mental Health & Wellbeing or their nominee;
  4. Senior Manager, Student Conduct & Investigations or their nominee;
  5. Senior Manager, AccessAbility or their nominee;
  6. One member of staff from Security;
  7. One member of staff from Legal Services;
  8. One member of staff from Graduate Research School, Human Resources or an academic, where applicable.

(12) The Director, Health, Wellbeing & Inclusion or the Deputy Director, Student Conduct & Investigations will generally Chair these meetings, but may designate this task to another TAMT staff member.

(13) The TAMT will meet to consider the case and in doing so may make such enquiries and consult such person as it thinks fit, for example the TAMT may:

  1. request that the student undergo medical examination, behavioural risk assessment or psychological assessment by persons specified by the University;
  2. request persons with special knowledge of the state of health or disability of the student to report to or consult with the TAMT;
  3. seek information from the purported target/s of the conduct to understand the impact of the behaviour;
  4. consult with and seek a response from the student directly.

Part C - Recommendations

(14) Following consideration of the available information/evidence, the Chair of the TAMT will communicate the TAMT’s recommendation to the Deputy Vice-Chancellor (Students) who will act as the decision maker. Those recommendations in relation to the student may include, but are not limited to, one or more of the following:

  1. That they be prohibited from participating in a University affiliated activity, excursion, tour or conference;
  2. That changes be made to their placement location, class, exam timetable or office location;
  3. That they be directed not to contact a member or members of the University community;
  4. That conditions be placed on their enrolment, for instance that they transfer to an equivalent online course;
  5. That the matter be referred to a General Misconduct Officer under Part 3 of the General Misconduct Statute 2009 and managed as general misconduct under the Student Conduct Management Policy;
  6. The matter be referred to the Vice-Chancellor under Part 5 of the General Misconduct Statute 2009 and managed as high-risk conduct or serious misconduct under the Student Conduct Management Policy. This may include recommending that the Vice-Chancellor:
    1. exclude the student from the University or any part or facility of the University indefinitely or for a period; and
    2. suspend or terminate the student’s enrolment.
  7. The matter be referred to an external agency (eg the relevant Crisis Assessment and Treatment Team (CATT), Victoria Police, eSafety Commissioner, National Security Hotline)
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Section 5 - Definitions

(15) For the purpose of this Policy:

  1. Serious health condition: an illness or health condition, including chronic illness, mental health condition or disability which adversely impacts on a student’s capacity to successfully progress in or benefit from a course of study or results in behaviour that could reasonably be expected to cause:
    1. physical psychological injury to the person concerned or any other person;
    2. unacceptable behaviour that significantly impacts any member or visitor of the University or during activities associated with the University;
    3. serious emotional disturbance;
    4. serious disruption to academic or other activities;
    5. serious damage to property.