B2 STUDENT CODE OF CONDUCT AND DISCIPLINARY POLICY Policy Number: B2LYC-HE Policy Name: Student Code of Conduct and Disciplinary Policy Authority: Academic Manager Version: Version 2 Date Approved: October 2008 Date last Amended: April 2013 Date of Next Review: April 2017 1) Powers and responsibilities a) The General Manager/Academic Manager, or any other person appointed by the General Manager/Academic Manager for such purpose, is authorised to: * 1) suspend any registered learner from the whole or part of any learning program of study on the grounds of a breach of discipline or otherwise; * 2) suspend any registered learner, other than a member of staff of Educor, from the whole or any part of the College Campus/ or Library or other facilities used by the College for the purpose of academic processes/study. b) The General Manager or an Academic, or the person appointed by the General Manager/Academic Manager for such purpose, shall then ensure that action is taken forthwith under the Disciplinary Procedures contained herein. c) A registered learner that is suspended shall be informed in writing of such suspension and shall forfeit all rights and privileges applicable to learners until such time that the matter is finalised. 1.2) Responsibilities a) Each learner admitted to a program of study offered by the College, shall be informed in writing of the requirements relating to conduct and discipline and shall undertake to comply with them. b) Each learner shall ensure that he/she is familiar with the regulations and policies relating to conduct and discipline 2) Disciplinary matters 2.1) Conduct a) No learner shall engage in any conduct which: (i) may be detrimental to the reputation or good standing of the College; (ii) deliberately obstructs, harasses, abuses, assaults, attempted assault on, or in any way interferes with, or incites others deliberately to obstruct, harass, abuse, or assault or in any other way interfere with any member of the staff (i.e. Academic, Finance, Sales, Assessment, Student support, Management), temporary staff, invigilators, or assistant invigilators; Lyceum College Pty Ltd QA Manual 119
(iii) (iv) (v) (vi) misappropriates, destroys, damages, defaces or improperly uses or attempts to do so - any property, equipment, or facilities of the College or any facilities and equipment leased or hired or used by the College for the purpose of instruction, or belonging to any employee, temporary employee, invigilator, assistant invigilator, contractor, visitor or other learner therein; is uncouth, rowdy, aggressive, use of foul or derogatory, insolent or defamatory language; will damage the company s reputation; is threatening or abusive towards the College s employee(s) or superior; 2.2) Unlawful acts a) No learner shall commit any act which: (i) prevents, or is intended to prevent, the exercise of a person s constitutional right to freedom of speech and to enjoy academic freedom on the College premises or any other premises used by the College for the purpose of instruction; (ii) is in breach of any relevant legislation including but not limited to copyright, computer misuse, use/abuse of illegal or other substances which have a narcotic effect on College premises or any other premises used by the College for the purpose of instruction (iii) is in contravention of the rules and regulations of any other institution (including the use of their premises and equipment) for the purpose of instruction by the College. b) No learner shall: (i) falsify, forges or misuses College records and documents, or attempts to do so; (ii) submit any falsified document or statement in an attempt to gain entry into any academic program of the College; (iii) contravene any rule or regulation applicable to examinations and examination centres. (iv) breach any requirements, regulations, rules of conduct etc. pertaining to assessments, or engage in any academic misdemeanour, including cribbing, cheating, committing plagiarism or falsifying data. 3) Disciplinary Committee a) A disciplinary Committee will be established to consider cases relating to alleged serious breaches of discipline by registered learners. b) The Disciplinary Committee shall consist of the following members:- (i) the General Manager/Academic Manager and one Head of School appointed by the General Manager, the latter whom must be knowledgeable in respect of the case but with no involvement therein as an ad-hoc member (ii) one member of the Academic Board appointed by the Board and in the absence of such a member; any member of an Advisory Committee established by the College. (iii) The term of office for the members is one year and that of the Chairperson two years Lyceum College Pty Ltd QA Manual 120
(iv) (v) (vi) If the Chairperson is unable to attend any meeting of the Disciplinary Committee, the General Manager will appoint another senior academic to act in his/her stead. If any of the members of the Disciplinary Committee are unable to attend a meeting, the Chairperson may appoint any other lecturer to act in his/her stead The Chairperson will appoint a person as Secretary for the Committee. The Secretary will be responsible for administrative functions pertaining to the activities of the Committee. 4) Disciplinary procedures 4.1) Informal procedure:- (i) Wherever appropriate and practicable, any allegation of misconduct made against a learner, shall be resolved informally by the General Manager/ Academic Manager or Head of School. The result of such an informal process shall be recorded in writing and filed on the learners file. The learner shall also be notified in writing of the outcome hereof. 4.2) Formal procedure:- a) Any allegation of serious misconduct which cannot be appropriately or practicably resolved in accordance with Regulation 4 (a)(i) shall be submitted to the General Manager/Academic Manager. b) The General Manager/Academic Manager may consider the evidence to determine whether the learner has a case to answer and take any of the following steps:- (i) that the alleged breach of discipline has not occurred or does not warrant a formal enquiry; (ii) that a breach of discipline has occurred but that it does not warrant a formal enquiry in which case the learner will be reprimanded in writing; (iii) that a serious breach of discipline has occurred and that the learner has to attend a formal enquiry; c) If a learner rejects the findings in terms of Regulation 4.2(b)(i)(ii), the General Manager/ Academic Manager has the option to arrange that a formal enquiry be conducted by the Disciplinary Committee. 5) Consideration by a Disciplinary Committee 5.1) Procedure for convening a Hearing a) A hearing of the Disciplinary Committee shall be arranged when instructed to do so by the General Manager/Academic Manager i.e. to consider a formal allegation in terms of Regulation 4.2(b)(iii) above. b) The Secretary of the Committee shall give the learner at least 10 working days notice of the date and the time of the hearing. c) The learner shall be advised of his or her right to attend the hearing and to:- (i) be accompanied by a friend or co-learner who may, if the learner so wishes, present his or her case; Lyceum College Pty Ltd QA Manual 121
(ii) respond to the allegation and to hear and question all the evidence given at the hearing. d) No party i.e. neither the College nor the learner may be represented by a legal practitioner e) No learner shall be obliged to attend a hearing and his or her absence shall in no way prejudice the consideration of the allegation by the Committee. f) Any costs associated with the learners attendance at a hearing shall be borne by the learner. 5.2) Proceedings at the hearing a) If a learner fails to attend the hearing of the Disciplinary Committee and the Chairperson is satisfied that due and proper notice of the hearing has been given to the learner, the hearing may proceed. b) The allegation(s) against the learner shall be presented by a person appointed for that person by the General Manager/Academic Manager to represent the College. c) Both parties shall have the right to:- (i) call witnesses (ii) question witnesses (iii) make concluding statements provided that the learners concluding statement shall be heard last. d) A learner shall have the right to be present during the meeting of the Disciplinary Committee except when the Committee commences with its findings and decisions, which shall be conducted in private. e) The Secretary of the Committee shall maintain full and accurate records of the Committee s proceedings. 5.3) Decisions by the Committee a) The Disciplinary Committee may make any of the following decisions:- (i) that no serious breach of College discipline has occurred or been proven; or (ii) that a serious breach of discipline has occurred but that no further action should be taken; or (iii) that a serious breach of discipline has occurred and that the learner should be reprimanded; or (iv) that a serious breach of discipline has occurred and that, for a specific period, the learner concerned should be suspended from studying and/or excluded from utilising the facilities of the College. (v) that a serious breach of discipline has occurred and that the learner should be permanently excluded from studying at the College. b) The learner shall be informed, by the Secretary of the Committee, in writing of the decision of the Committee as soon as possible and practicable after the meeting. c) The decision of the Committee shall be reported to the Academic Board for information and/or ratification. Lyceum College Pty Ltd QA Manual 122
6) Right of Appeal a) In the event that the Disciplinary Committee imposes a penalty as contemplated in 5.3 (a)(iv) and (v) above, the learner shall have the right to appeal the imposition of such a penalty. The learner shall in writing inform the Secretary of the Committee - within 10 days after being notified of the outcome of the decision by the Committee - that he/she wants to submit an appeal for consideration. b) The notification referred to above shall be referred to the General Manager/Academic Manager. c) There shall be no right of appeal for the imposition of a penalty as contemplated in 5.3(ii) above. 7) Procedure for the Hearing of Appeals a) An appeal to the Committee shall be concluded as soon as possible but within 14 days after receipt thereof by the College. b) The Secretary of the Committee shall as soon as a date for the appeal hearing has been set, inform the learner of such date as well as his/her right to be accompanied by a friend who may speak on his/her behalf. c) Only new information - not previously considered may be presented at the appeal hearing. d) The Appeal Committee shall consist of one person designated by the General Manager who was not part of the Disciplinary Committee and one person who was part of the Disciplinary Committee. e) The decision of the Committee shall be reached in private and may include the following:- (i) if the grounds for appeal is established and proved, the Committee shall recommend to the General Manager that the decision of the Disciplinary Committee be rescinded or varied as proposed by the Appeal Committee (ii) if no grounds for appeal have been established, the decision of the Disciplinary shall stand. f) The Secretary of the Disciplinary Committee shall keep record and minutes of the Appeal Committee hearing. g) The learner will be notified of the outcome of the Appeal Committee hearing as soon as possible but within 14 days after the hearing has been conducted. h) The decision of the Appeal Committee is final. 8) Examinations, Course Fees and Expenses 8.1) A learner will be permitted to write an examination during the period that the processes described in this policy have not been concluded. 8.2) Course fees shall not be refunded to a learner suspended from a learning program, unless the Disciplinary Committee recommends to the contrary. 8.3) If a learner s appeal is upheld, the Appeal Committee may recommend that the learner be compensated for expenses incurred, either partially or in full. Lyceum College Pty Ltd QA Manual 123