(1) This Policy and Procedure outlines the process by which student behaviour issues will be managed by La Trobe University (the University). (2) Where student behaviour issues are assessed as alleged student misconduct, the process is normally governed by the University’s General Misconduct Statute 2009 (the Statute). (3) This Policy applies to all students, including those enrolled in La Trobe courses through third party teaching partners, and short course participants (for ease of reference all are referred to as students in this Policy). (4) Students from other institutions who reside in La Trobe student accommodation are bound by the Rules of Residence. (5) 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. (6) The standards of conduct expected of students are detailed in a range of instruments, including but not limited to the: (7) The University aims to address behaviour which falls short of the standards of conduct expected via a process that: (8) All student behaviour concerns and allegations of student misconduct should be reported to the University’s Safer Community team (information and contact details are available on the Safer Community webpage). Services provided by Safer Community are available to both staff and students at no cost. (9) The initial steps taken by Safer Community will generally include, as appropriate: (10) Safer Community may assist in the informal management of conduct concerns by, amongst other things, educating, facilitating restorative justice and reinforcing the standards of conduct expected of students. (11) Safer Community will advise relevant parties of any decision or outcome within five business days of the conclusion of a matter, and will monitor and ensure the prompt implementation of any actions arising from a decision or outcome. (12) Pending investigation of a matter and having regard to the nature of the alleged conduct and potential risks, the Pro Vice-Chancellor (Student Experience and Employability) may: (13) Where a student or situation is considered by the Manager, Safer Community and Student Conduct as being high-risk, they may notify the Police or Security and the Deputy Director, Integrity and Investigations who will in turn notify the Pro Vice-Chancellor (Student Experience and Employability). The Pro Vice-Chancellor (Student Experience and Employability) will take action as appropriate for the circumstances. This may include: (14) Where the Deputy Director, Integrity and Investigations is satisfied there is enough evidence to suggest a prima facie case of general misconduct they may refer the matter to a University General Misconduct Officer. (15) In considering whether to refer a matter to a General Misconduct Officer, regard will be had to: (16) The Office of Integrity and Investigations provides support and assistance to General Misconduct Officers, who will hear and determine alleged general misconduct. (17) The General Misconduct Officer may: (18) Prior to being required to respond to an allegation, students will be informed in writing of the following: (19) In exceptional circumstances (e.g. very serious cases and/or where there are complex evidentiary issues), the General Misconduct Officer may allow a student to have representation. The General Misconduct Officer may also seek advice/support from a suitably qualified person (e.g. they may appoint a lawyer to assist in the hearing). (20) 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, Integrity and Investigations or other suitably qualified individuals on the appropriate arrangements for conducting the hearing. (21) The procedural requirements are set out in Section 11 of the General Misconduct Statute 2009. In hearing and determining any general misconduct matter, the General Misconduct Officer: (22) The General Misconduct Officer: (23) Once the General Misconduct Officer has heard from the student, the General Misconduct Officer may: (24) 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. (25) Where the Vice-Chancellor is satisfied that: (26) 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. (27) 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. (28) A student must comply with an exclusion decision and a student who fails to comply will breach/commit general misconduct. (29) The University will record all student conduct matters in accordance with the requirements of the Higher Education Threshold Standards 2021, the National Code of Practice for Providers of Education and Training to Overseas Students 2018 and the University’s Records Management Policy. (30) A summary of student conduct matters handled each year is included in the Safer Community and Student Conduct annual report for submission to the Office of the Deputy Vice-Chancellor (Academic). (31) Where a student has any concerns about the way in which this Policy has been applied (as opposed to an appeal about the outcome that has been determined under the Statute), including any concerns about a breach of confidentiality, they may lodge a complaint with the Office of the University Ombudsman. If their concerns relate to the way in which their issue is handled by the University Ombudsman, they may lodge a complaint with an external organisation such as the Australian Human Rights Commission, Victorian Privacy Commissioner, Victoria Police or Victorian Ombudsman. (32) For the purpose of this policy and procedure: (33) This Policy is made under the La Trobe University Act 2009.Student Conduct Management Policy
Section 1 - Key Information
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Policy Type and Approval Body
Administrative – Vice-Chancellor
Accountable Executive – Policy
Deputy Vice-Chancellor (Academic)
Responsible Manager – Policy
Deputy Director, Integrity and Investigations
Review Date
30 May 2027
Section 2 - Purpose
Section 3 - Scope
Section 4 - Key Decisions
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Key decisions/Responsibilities
Role
Exclude a student from all or any part of the University indefinitely or for a period, and/or suspend or terminate the student’s enrolment in line with the La Trobe University Act 2009 and/or the General Misconduct Statute 2009.
Vice-Chancellor
Make temporary directions to eliminate or reduce any identified risk to the health and safety of persons in connection with misconduct allegations or conduct concerns made against a student or students, including the limitation or withdrawal of a student’s right to attend any University campus, facility and/or University-managed activity or event (see - Instrument of Delegation No.2 of 2024).
Deputy Vice-Chancellor (Academic)
Impose other temporary health and safety measures and/or investigation/integrity measures in connection with misconduct allegations or conduct concerns such as a direction not to contact a person, or request that a student attend a medical examination (see - Instrument of Delegation No.2 of 2024).
Pro Vice-Chancellor (Student Experience and Employability)
Section 5 - Policy Statement
Top of PageSection 6 - 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
Part D - Recording and Reporting of Student Conduct Matters
Part E - Breaches of this Policy
Section 7 - Definitions
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Section 8 - Authority and Associated Information
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the Vice-Chancellor may, in accordance with Section 13 of the General Misconduct Statute 2009: