MANAGING STUDENT MISCONDUCT - Curtin University · 5 ACADEMIC MISCONDUCT Academic Misconduct has...

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MANAGING STUDENT MISCONDUCT

EXPLANATORY GUIDE FOR STAFF ISSUED BY: Office of the Academic Registrar, Curtin University

FIRST EDITION

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Contents 1 ACKNOWLEDGEMENT .................................................................................................................................... 3

2 INTRODUCTION .............................................................................................................................................. 4

3 GENERAL PRINCIPLES ..................................................................................................................................... 5

4 STUDENT MISCONDUCT PROCESS RESPONSIBILITIES ...................................................................................... 6

5 ACADEMIC MISCONDUCT ............................................................................................................................... 7

6 GENERAL MISCONDUCT ................................................................................................................................. 9

7 ACADEMIC RECORD FRAUD ........................................................................................................................... 11

8 BREACH OF EXPECTED STANDARDS OF BEHAVIOUR ...................................................................................... 12

9 REPORTING ALLEGED MISCONDUCT .............................................................................................................. 14

9.1 REPORTING ALLEGED ACADEMIC MISCONDUCT ............................................................................. 16

9.2 REPORTING ALLEGED GENERAL MISCONDUCT ............................................................................... 17

9.3 REPORTING ALLEGED ACADEMIC RECORD FRAUD .......................................................................... 18

10 CONDUCTING AN INQUIRY ............................................................................................................................ 19

10.1 ASSESSING THE SERIOUSNESS OF AN INCIDENT .............................................................................. 22

10.2 EXAMPLE INQUIRY/AUTHORISED OFFICER’S REPORTS ................................................................... 23

10.3 EXAMPLE OF A COMPLETE REPORT: ACADEMIC MISCONDUCT ...................................................... 24

10.4 EXAMPLE OF AN INCOMPLETE REPORT: ACADEMIC MISCONDUCT ................................................ 28

10.5 EXAMPLE OF A COMPLETE REPORT: GENERAL MISCONDUCT ........................................................ 30

10.6 CONDUCTING A STUDENT MISCONDUCT HEARING ........................................................................ 32

11 DETERMINATION BY THE AUTHORISED OFFICER ........................................................................................... 33

12 PENALTY ....................................................................................................................................................... 35

13 APPEAL ......................................................................................................................................................... 37

14 STUDENT MISCONDUCT AT A MAJOR NON‐BENTLEY CAMPUS ...................................................................... 38

15 STUDENT MISCONDUCT TEMPLATES ............................................................................................................. 39

15.1 ACADEMIC MISCONDUCT TEMPLATES ............................................................................................ 39

15.2 GENERAL MISCONDUCT TEMPLATES .............................................................................................. 40

16 APPENDICES .................................................................................................................................................. 41

16.1 STUDENT CHARTER .......................................................................................................................... 41

16.2 ACADEMIC MISCONDUCT PROCESS FLOWCHART ........................................................................... 42

16.3 GENERAL MISCONDUCT PROCESS FLOWCHART ............................................................................. 43

16.4 ACADEMIC RECORD FRAUD PROCESS FLOWCHART ........................................................................ 44

16.5 RESPONSIBILITIES – QUICK REFERENCE GUIDE ............................................................................... 45

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DON’T FORGET…

This booklet is an additional resource. It must not be used as the primary source of information on student misconduct.

When managing student misconduct, staff should always refer to the

relevant misconduct rules for complete procedural details.

2 INTRODUCTION

This booklet is a resource for all staff members to clarify the various roles and responsibilities under the student misconduct rules and provide further information and assistance for managing student misconduct at Curtin University. The booklet should be used in conjunction with Statute No. 10 – Student Discipline and the procedures outlined within the student misconduct rules available at: http://policies.curtin.edu.au/compliance/internallegislation/statutes_rules.cfm Student misconduct is separated into three areas:

Academic Misconduct (including Level II and Level III plagiarism)

General Misconduct

Academic Record Fraud This booklet provides:

further information relating to the procedural details outlined in each of the three student misconduct rules;

a summary of each relevant step in the student misconduct process;

flowcharts to assist staff members involved in the process;

guidance for conducting an inquiry into student misconduct;

guidance for assessing the seriousness of a report of student misconduct;

references to other relevant information; and

general notes to assist in understanding the overall process and responsibilities.

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4 STUDENT MISCONDUCT PROCESS RESPONSIBILITIES

The student misconduct rules define a variety of roles that are assigned to specific positions within the University. These include:

Authorised Officer The Authorised Officer is responsible for making a determination (decision) about a particular misconduct matter. The determination must be made by the relevant Authorised Officer. It cannot be delegated.

Inquiry Officer The Inquiry Officer is appointed to undertake an inquiry (investigation) into an allegation of misconduct. This role is appointed by the Authorised Officer or can be undertaken by the Authorised Officer.

Student Discipline Panel (members and Chair) The Student Discipline Panel is made up of an assigned number of members and a Chair and is responsible for deciding a Category 1 penalty where an Authorised Officer has determined that misconduct occurred.

Board of Discipline (members and Chair) The Board of Discipline is made up of an assigned number of members and a Chair and is responsible for deciding a Category 2 penalty when a matter has been referred by a Student Discipline Panel or the Academic Registrar (in the case of Academic Record Fraud).

Student Discipline Appeals Board (members and Chair) The Student Discipline Appeals Board is made up of an assigned number of members and a Chair and is responsible for deciding appeals where the penalty is decided by a Board of Discipline or the Academic Registrar.

The responsible positions required to undertake these roles vary depending on whether the alleged misconduct is academic, general or academic record fraud. Section 16.5 includes a Quick Reference Guide of responsibilities.

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5 ACADEMIC MISCONDUCT Academic Misconduct has the definition as provided for in Statute No. 10 – Student Discipline. “Academic Misconduct” means conduct by a Student, other than conduct constituting Academic Record Fraud or General Misconduct, that is dishonest or unfair in connection with any academic work, such as:

a. During any exam, test or other supervised assessment activity;

b. In relation to the preparation or presentation of any assessed item or work; and/or

c. In relation to the conduct of research or any other similar academic activity; Academic Misconduct Process The academic misconduct process follows a series of steps that are summarised below. Also provided are the rules references for the procedural details. If dealing with allegations of academic misconduct, refer to the Academic Misconduct Rules for full details prior to commencing any student misconduct process.

Step Academic

Misconduct Rules Ref.

Explanation

1: Reporting Part 2.1 and Schedule A

All instances of academic misconduct must be reported by staff to the Authorised Officer identified in Schedule A of the Academic Misconduct Rules.

2: Initiate Inquiry Part 2.2(1)

Upon receiving a report of possible academic misconduct, the Authorised Officer will review the report and determine if there are sufficient grounds to proceed in an inquiry (investigation).

3: Conduct Inquiry Part 2.2(2) to 2.5 If an inquiry is the recommended action, this must be undertaken by either the Authorised Officer or an Inquiry Officer appointed by the Authorised Officer.

4: Authorised Officer’s Determination

Part 2.6

Upon receiving or completing an Inquiry Officer/Authorised Officer’s Report, the Authorised Officer must review all information and make a determination as to whether or not academic misconduct has occurred.

5: Referral to the Student Discipline Panel (SDP)

Part 2.6(5) If it is determined that academic misconduct has occurred, the matter must be referred to the relevant Student Discipline Panel to apply penalty.

6: Penalty* Part 3.1

The Chair of the relevant Student Discipline Panel will convene the panel to consider an appropriate Category 1 penalty. Available penalties are listed at 1.3 in the Rules.

7: Appeal Part 4 Students have the right of appeal against a finding of academic misconduct and/or a penalty imposed for an instance of academic misconduct.

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HELPFUL HINT

If the alleged misconduct relates to plagiarism, further information is available at:

academicintegrity.curtin.edu.au

*If the Student Discipline Panel decides that the appropriate penalty is Category 2, the matter will then be referred to a Board of Discipline. Further explanation regarding the process of referral to a Board of Discipline is provided in the Academic Misconduct Rules at 3.2 and under Section 12 of these guidelines. Important Notes

Level II and Level III plagiarism is considered to be academic misconduct and must be handled in accordance with the Academic Misconduct Rules.

The Plagiarism Policy and Procedures (at http://policies.curtin.edu.au/findapolicy/index.cfm)

support the Academic Misconduct Rules and the additional detail included in the Plagiarism Policy and Procedures is to account for the handling of Level I plagiarism which is not considered to be academic misconduct.

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6 GENERAL MISCONDUCT General Misconduct has the definition as provided for in Statute No. 10 – Student Discipline. Below is an extract only and a further expanded definition of what constitutes general misconduct is referenced at 4(2) in Statute No. 10 – Student Discipline. “General Misconduct” means conduct by a Student, other than conduct constituting Academic Record Fraud or Academic Misconduct:

(a) Which contravenes any written law of the Commonwealth of Australia, a State or Territory of Australia or any other country, and where the written law relates to an activity associated with the Student being a Student of the University;

(b) Which contravenes the provisions of the Act or any Statute, rule or by-law, or University policy

or procedure;

(c) Which contravenes any lawful direction by a member of the staff of the University;

(d) Which infringes the reasonable freedom of other persons to:

i. Pursue their study, research duties or other lawful activities on premises owned or controlled by the University, or elsewhere while engaged in an activity under the auspices of the University; or

ii. Participate in the life of the University; or

(e) Which is otherwise detrimental to the proper conduct of the University or the University’s

reputation; General Misconduct Process The general misconduct process follows a series of steps that are summarised below. Also provided are the rules references for the procedural details. If dealing with an allegation of general misconduct, refer to the General Misconduct Rules for full details prior to commencing any student misconduct process.

Step General

Misconduct Rules Ref.

Explanation

1: Reporting Part 2.1 and Schedule A

All instances of general misconduct must be reported by staff to the Authorised Officer identified in Schedule A of the General Misconduct Rules.


Upon receiving a report of possible general misconduct, the Authorised Officer will review the report and determine if there are sufficient grounds to proceed in an inquiry (investigation).

3: Conduct Inquiry Part 2.2(2) to 2.5

If an inquiry is the recommended action, this must be undertaken by either the Authorised Officer or an Inquiry Officer appointed by the Authorised Officer.

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Part 2.6

Upon receiving or completing an Inquiry Officer/Authorised Officer’s Report the Authorised Officer must review all information and make a determination as to whether or not general misconduct has occurred.

5: Referral to the Student Discipline Panel (SDP)

Part 2.6(5)

If it is determined that general misconduct has occurred, the matter must be referred to the relevant Student Discipline Panel to apply penalty.

6: Penalty* Part 3.1

The Chair of the Student Discipline Panel will convene the panel, provide the Inquiry Officer/Authorised Officer’s report to the respondent student and ask for their response in relation to penalty. The relevant Student Discipline Panel will apply the appropriate Category 1 penalty. Available penalties are listed at 1.3 in the Rules.

7: Appeal Part 4 Students have the right of appeal against a finding of misconduct and/or a penalty imposed for an instance of misconduct.

*If the Student Discipline Panel decides that the appropriate penalty is Category 2, the matter will then be referred to a Board of Discipline. Further explanation regarding the process of referral to a Board of Discipline is provided in the General Misconduct Rules at 3.2 and under Section 12 of these guidelines. Important Note The General Misconduct Rules differ from the Academic Misconduct Rules in that a respondent student must be provided a copy of the Inquiry Officer/Authorised Officer’s report by the Chair of the Student Discipline Panel and be invited to make a written submission in relation to penalty. .

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7 ACADEMIC RECORD FRAUD Academic Record Fraud has the definition as provided for in Statute No. 10 – Student Discipline. “Academic Record Fraud” means conduct by a Student, other than conduct constituting Academic Misconduct or General Misconduct that is dishonest in connection with an Academic Record, such as:

(a) Falsifying, or arranging the falsification of, an Academic Record; (b) Giving false or misleading information in relation to an Academic Record; or (c) Allowing a false or misleading Academic Record to be presented on behalf of the Student, or

another person; Academic Record Fraud Process The academic record fraud process follows a series of steps that are summarised below. Also provided are the rules references for the procedural details. If dealing with allegations of academic record fraud, refer to the Academic Record Fraud Rules for full details prior to commencing any student misconduct process.

Step Academic Record Fraud Rules Ref.

Explanation

1: Reporting Part 2.1 All instances of suspected academic record fraud must be reported by staff to the Academic Registrar.


Upon receiving a report of possible academic record fraud, the Academic Registrar will review the report and determine if there are sufficient grounds to proceed in an inquiry (investigation).

3: Conduct Inquiry Part 2.2(2) to 2.5

If an inquiry is the recommended action, this must be undertaken by either the Authorised Officer or an Inquiry Officer appointed by the Authorised Officer.


Part 2.6

Upon receiving or completing an Inquiry Officer/Authorised Officer’s Report the Authorised Officer must review all information and make a determination as to whether or not academic record fraud has occurred

5: Penalty Part 3.1

The Academic Registrar must provide the Inquiry Officer/Authorised Officer’s report to the respondent student, ask for their response in relation to penalty and then apply the appropriate Category 1 penalty or the matter can be referred to a Board of Discipline for Category 2 penalty. Available penalties are listed at 1.3 in the Rules.

6: Appeal Part 4

Students have the right of appeal against a finding of academic record fraud and/or a penalty imposed for an instance of academic record fraud. All appeals in relation to academic record fraud are heard by the Student Discipline Appeals Board.

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8 BREACH OF EXPECTED STANDARDS OF BEHAVIOUR

Not all situations where a student behaves in a manner that is not acceptable warrants full investigation and action under the General Misconduct Rules. Some cases can be handled as a breach of the Student Charter or a breach of the Guiding Ethical Principles of the University, Example 1 – Student Charter Breach

Miss Misconduct received an email from her Unit Coordinator explaining that a class had been rescheduled because of circumstances outside of the University’s control. Miss Misconduct was not happy with the rescheduled class time as she was unable to attend. Rather than advising her Unit Coordinator of this and requesting that the class material be provided to her in an alternative format, Miss Misconduct responded to her Unit Coordinator via email using inappropriate language. Miss Misconduct had never used inappropriate language in an email to her Unit Coordinator prior to this occasion.

In the situation described in the example above, Miss Misconduct would be considered to be breaching the Student Charter under the following clause:

“Behave in an appropriate manner within the learning environment, showing respect for both staff and fellow students at all times.”

The handling of this matter could involve a written notification to the student outlining their responsibilities to behave appropriately. Each situation should be addressed on a case by case basis and depending on the circumstances; the way a matter is handled could vary. To assist staff in handling a breach of expected standards of behaviour, a series of steps to follow is outlined at the end of this section. If guidance is required regarding a particular incident, assistance is available from the Office of the Academic Registrar. Statute No. 11 – Library and Land and Traffic By-Laws The University has other legislation that may be relevant to how specific breaches are to be handled. This legislation includes the Library Rules made under Statute No. 11 – Library and the Land and Traffic By-Laws. In particular, the Library Rules provide guidance for handling behavioural breaches specific to the use of the library. Links to the other relevant legislation are provided below.

Statute No. 11 - Library http://policies.curtin.edu.au/legislation/internallegislation/statutes_rules.cfm

Library Rules http://policies.curtin.edu.au/legislation/internallegislation/statutes_rules.cfm

Land and Traffic By-Laws http://policies.curtin.edu.au/legislation/internallegislation/bylaws.cfm

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9 REPORTING ALLEGED MISCONDUCT

I am a staff member and I suspect that misconduct has occurred. Do I have to report it? Yes. All staff are required to report any suspected student misconduct to the appropriate Authorised Officer. Who do I notify? Who is the appropriate Authorised Officer?

HEAD OF SCHOOL

CHIEF INFORMATION

OFFICER

EXECUTIVE DIRECTOR,

PROPERTIES

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Receive report of suspected academic misconduct as the

Authorised Officer

(refer to Schedule A of the Academic Misconduct Rules for

further details)

- -

May receive report of suspected

general misconduct as the Authorised Officer

(refer to Schedule A of the

General Misconduct Rules for further details regarding which

position is the appropriate Authorised Officer for a specific

instance of misconduct)

Receive report of suspected academic record fraud as the

Authorised Officer

- - -

How do I make a report to an Authorised Officer? Any suspected student misconduct should be reported in writing to the Authorised Officer. As this initial report may be included as supporting material and be sent to the respondent student it is important that it is clear and unbiased. Your report of the suspected student misconduct should include:

Details of the student/s involved in the suspected misconduct; A summary of the suspected misconduct; Any supporting documentation; Date of the suspected misconduct; and If the suspected misconduct is academic, details of the unit in which it occurred.

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What format should the initial report regarding suspected student misconduct take? Can it be an email? It is preferable that the written report be provided to the Authorised Officer as a memo/word attachment to an email rather than including the details in the actual email. Please date the attachment.

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DON’T FORGET…

All suspected Academic Misconduct cases are to be referred to the Bentley based:

Authorised Officers (Heads of School)

Student Discipline Panels (Faculty)

Pro Vice Chancellors (Faculty)

Board of Discipline

Student Discipline Appeals Board

Academic Registrar

9.1 REPORTING ALLEGED ACADEMIC MISCONDUCT The Head of School acts as the Authorised Officer if the suspected academic misconduct is in relation to:

Suspected cheating in an exam, test or supervised assessment activity; Suspected plagiarism in assignments or other assessable work; Suspected collusion or cheating in assignments or other assessable work; and Suspected falsification of data or other content in assignments or other assessable work

Where the suspected academic misconduct relates to “Other Academic Misconduct”, the Academic Registrar is the Authorised Officer. Rules Reference Schedule A of the Academic Misconduct Rules outlines the appropriate Authorised Officer.

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9.2 REPORTING ALLEGED GENERAL MISCONDUCT The Authorised Officer for general misconduct differs depending on the type of general misconduct. Example 1 If the suspected general misconduct is in relation to suspected inappropriate or prohibited use of University computing equipment, computer programs or computer networks and the breach doesn’t affect or concern a Faculty or a Faculty’s property, the correct authority to report the suspected general misconduct to is the Chief Information Officer. Example 2 If the suspected general misconduct relates to a situation where one student has physically assaulted another student, the Authorised Officer is the Academic Registrar. Example 3 If the suspected general misconduct occurs at Curtin Sarawak, Curtin Singapore or Curtin Sydney, the Authorised Officer is the relevant Pro Vice-Chancellor or Campus Director of the institution. Rules Reference Schedule A of the General Misconduct Rules outlines the appropriate Authorised Officer.

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9.3 REPORTING ALLEGED ACADEMIC RECORD FRAUD Where the suspected student misconduct is in relation to academic record fraud, the matter must be reported to the Academic Registrar. Example 1 A student has changed their grades on their Curtin Academic Transcript and submitted this document as part of their application for credit for recognised learning for a Curtin course. This should be reported to the Academic Registrar, the appropriate Authorised Officer as outlined in the Academic Record Fraud Rules. Example 2 A student has provided a falsified copy of their Curtin award certificate as part of their application for entry into a Post Graduate Curtin course. This should be reported to the Academic Registrar, the appropriate Authorised Officer as outlined in the Academic Record Fraud Rules.

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10 CONDUCTING AN INQUIRY

After receiving a report of suspected student misconduct and depending on the type of misconduct, the initial report is assessed by the relevant Authorised Officer to see if any further inquiry (investigation) into a matter is required.

* If the Authorised Officer believes that further investigation is required, the Authorised Officer can choose to undertake an inquiry or appoint an appropriate staff member as an Inquiry Officer to undertake an inquiry. Who should be appointed to undertake an inquiry? Any staff member appointed by the Authorised Officer to undertake an inquiry should:

Be unbiased; Have no conflict of interest; and Be familiar with unit content and academic matters if the inquiry relates to academic

misconduct. I have been appointed the Inquiry Officer for a matter. Are there any templates for the letters and reports that I can use? Yes. Standardised templates are provided at: studentcentral.curtin.edu.au/references/misconduct.cfm

Responsibilities – Conducting an Inquiry

Authorised Officer

Review the initial report of suspected misconduct

Determine if there are insufficient grounds to warrant further investigation and take no further action

OR Determine if there are insufficient grounds to warrant further investigation but

arrange for the Student to undertake an activity in relation to appropriate behaviour

OR Determine if there are sufficient grounds to warrant further investigation and

initiate an inquiry

Appoint an Inquiry Officer to undertake an inquiry

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DON’T FORGET…

When preparing the report, always remember that it may be viewed by the student or individuals external to the University

I am the Inquiry Officer; what documentation should I be collecting? Depending on the type of student misconduct being investigated and the particulars of the matter, the list of relevant documents may vary. When considering what documentation to include, focus on what is relevant. For example, if a student is being investigated for suspected academic misconduct, a Security report is more than likely not relevant to the case and would not be included as an attachment. If a student is being investigated for suspected general misconduct, there may be a Security report and this would most likely be relevant to the case. The list below contains examples of the types of documents that may be collected:

Student Progress Report (from eAcademic or Student One); Written submission from the student; Statements from any relevant parties including but not limited to experts, staff, students; Security reports; Unit outlines; Relevant policies and procedures; Copies of assessment items, certificates as are relevant to the investigation; and Information provided to students regarding assessment items (e.g. unit outline).

Do not write on or annotate the attachments. I am the Inquiry Officer; I have collected all of the documentation and provided the student the opportunity to respond to the allegations. What do I do now? After all the information relating to the alleged incident has been collected, a report must be completed and provided to the Authorised Officer. If the Authorised Officer is acting as the Inquiry Officer, they must complete the report. See Template A of Section 15. The report must:

Include and list all supporting documentation; Clearly state the alleged misconduct (in reference to Statute No. 10 or the relevant student

misconduct rules); Outline your view on the seriousness of the incident; and Provide the reasons for any recommendation/determination in the matter.

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10.1 ASSESSING THE SERIOUSNESS OF AN INCIDENT How do I assess the seriousness of an incident? In investigating an incident of alleged student misconduct, Inquiry Officers are required to address five criteria as part of their report and recommendation. Some notes about what information should be included against the five criteria are provided.

Criteria 1: The extent to which the behaviour was planned or deliberate -consider:

Do the timelines suggest a “spur of the moment” or opportunistic action or an action

that was pre-meditated or planned? Is there some form of collusion with other individuals? What are the reasons provided for the action e.g. previous failures, poor results,

anxiety, external influences? Did the student contact an outside person or organisation to assist in the action e.g.

attempting to purchase answers, being provided falsified documents by an external party?

Criteria 2: The degree of advantage gained or potentially gained - consider:

What advantage could the individual gain as a direct result of their action e.g. pass a previously failed assessment, gain credit unfairly, intimidate another that results in benefit being received unfairly.

Has any assessment process been compromised? Does the action impact others?

Criteria 3: The potential disadvantage to other students - consider:

What impact is there on the grades of other students and have other student’s been unfairly implicated by the action of the individual?

Are other students being placed under obligation against their wishes? Are other students feeling intimidated or threatened because of the actions of this

student? Criteria 4: The potential negative impact on the University’s reputation -

consider:

What is the likelihood of the details of the incident being made public and what is the potential impact of the incident being made public?

Is there any specific media interest in the nature of the suspected misconduct? Criteria 5: Importance of being seen to have taken clear and decisive action in

relation to the matter - consider:

How many students knew about the actions of the individual? What is the possible benefit of staff and students seeing that action is being taken? What is the possible benefit of having taken action should the case come to media

attention at a later date?

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DON’T FORGET…

You must be unbiased.

Focus and report on the facts.

Avoid making statements that are subjective and without basis.

Until an Authorised Officer makes a determination in a matter, any allegations of misconduct are only allegations.

10.2 EXAMPLE INQUIRY/AUTHORISED OFFICER’S REPORTS All reports should state the facts and provide relevant details regarding the suspected student misconduct. Each section of the template report relates directly to requirements under each of the rules. Ensure all sections of the Inquiry Officer/Authorised Officer’s report are completed in full. When preparing the report, avoid making assumptions about what individuals may or may not know. For example, if a student does not respond to the allegations against them, state this in the report. Do not assume that the person reading the report knows that the student did not respond. Always ask why? When completing the report, do not just say something is “important”, explain why it is important. Try to avoid using abbreviations and acronyms without explanation. If there is documentation that supports a particular statement, this should be referenced in the report by indicating the attachment number and the attachment title (e.g. see Attachment 5 – Turnitin Report for Assessment Item 3). Ensure your attachments are labelled correctly, are kept in order and directly relate to the table under Section B of the Inquiry Officer/Authorised Officer’s report titled “Supporting Documentation”. The information provided in the report must be complete and provide sufficient detail to enable an Authorised Officer to make a determination in a matter.

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10.3 EXAMPLE OF A COMPLETE REPORT: ACADEMIC MISCONDUCT The following best practice example report provides basic guidance for the preparation of an Inquiry Officer/Authorised Officer’s report.

Example Section B – Supporting Documentation

ATT NO. DATE SUMMARY

1 n/a Student Progress Report

2 17/05/13

Report of Incident from Unit Coordinator

3 Semester 1, 2013

Unit Outline – Gardening 1001

4

13/05/13 Assessment Item 3

5

13/05/13

Turnitin Report for Assessment Item 3

6

23/05/13 General Misconduct Inquiry Letter

7 28/05/13 Student response to allegations

Example Section C - Summary of Student Misconduct The Unit Coordinator of Gardening 1001 detected a case of suspected plagiarism in Miss Misconduct, Student ID 9999’s third assignment for the unit. The Unit Coordinator referred to Form 1, Schedule A of the Plagiarism Policy and assessed the suspected plagiarism to be Level II. The student is in their final year of a 3 year Bachelor’s degree and submitted Assessment Item 3 (See Attachment 4 – Assessment Item 3),through Turnitin.

Why is this example report considered

to be best practice?

All attachments are clearly labelled

All attachments are clearly numbered. The attachment itself must also be clearly numbered

All attachments are dated

All sections have been completed. A complete report will have every section filled out

The student being investigated is clearly identified

Relevant attachments have been referenced

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Turnitin results showed a significant amount of exact text matching with entire paragraphs from two different published sources being transcribed verbatim in the student’s assignment (See Attachment 5 – Turnitin Report for Assessment Item 3). On page 4 of the assessment item, the Turnitin report shows 3 paragraphs taken from the book “Native Gardening” that have not been referenced. On page 5 of the assessment item, the Turnitin report shows a further paragraph directly copied from the publication “Native Gardening”. At page 6 of the assessment item, a paragraph is exactly copied from an online article titled “Scrubland Renewal”. The Turnitin report shows at least 24% of the assessment item has been directly copied from identified sources and no references are provided for any of the copied material. Miss Misconduct provided her response to the allegations, admitted to copying sections of text and commented that family pressure to achieve good results influenced her decision to copy sections of text (see Attachment 7 – Student Response to Allegations).

Example Section D - View on the seriousness of the incident 1. The extent to which the behaviour was planned or deliberate

The behaviour was deliberate as the student admits to including copied text in her assignment but it is more likely than not that that the behaviour was not planned. Miss Misconduct, in her response to the allegations states that she acted rashly and her actions were not pre-planned (see Attachment 7 – Student Response to Allegations). While Miss Misconduct admits to copying sections of work from other

Every part of Section D has been completed

An interpretation of the Turnitin report has been included. Summary details of the type of plagiarism (copying sections of text in this instance) are provided

Statements made are appropriate and relate specifically to the incident

The reasons for suspecting plagiarism are outlined

Summary details of the student’s response have been included

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sources she states that pressure to achieve good marks influenced her decision and copying the text was a “spur of the moment” action.

2. The degree of advantage gained or potentially gained

High – Miss Misconduct gains advantage over other students by receiving a higher mark than she may have otherwise deserved and by not researching and preparing her own work, there has been no demonstration of writing and research ability.

3. The potential disadvantage to other students

High – By copying her work, Miss Misconduct spent less time and effort on the assessment item than other students. Also, if the suspected plagiarism were not detected, Miss Misconduct may have passed the assignment unfairly.

4. The potential negative impact on the University’s reputation

High – Plagiarism is serious and if the issue were not addressed the University would be allowing students to pass units without demonstrating competencies in achieving learning outcomes. This would impact negatively in that Curtin’s graduate attributes could be called into question.

5. Importance of being see to have taken clear and decisive action in relation to the matter

By not being vigilant in addressing suspected plagiarism, the University’s Academic Integrity may be questioned. In order to ensure the academic output of our graduates are their own work and of an acceptable standard to represent the University, all efforts must be taken to curtail plagiarism and educate our students in correct academic practices.

Comments are not personal and relate directly to the evidence

Reasons have been provided for any views on the seriousness of a matter

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NB: SECTION E MUST BE COMPLETED BY THE AUTHORISED OFFICER.

Example Section E – Reasons for Recommendation/Determination 1. Reasons for determining whether or not misconduct occurred

The student was provided clear instructions about the referencing required for the assessment item and submitted the assessment item as their own work. There is clear evidence that the suspected plagiarism was intentional as the student admits to copying large sections of text. The student has experience (see Attachment 1 - Student Progress Report) and admits to being aware that she was plagiarising (see Attachment 7 – Student Response to Allegations). While Miss Misconduct admits to external pressures, this explains her actions but does not relieve her of taking responsibility for her actions.

2. Findings of material questions of fact leading to determination (refer to evidence)

Unit outline (containing information

relating to correct referencing) Report of Incident from Unit

Coordinator Student response to allegations Turnitin Report

Clear reasons for the decision are provided

All relevant evidence that led to the determination is listed

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10.4 EXAMPLE OF AN INCOMPLETE REPORT: ACADEMIC MISCONDUCT An example of an incomplete report is provided below. In this example, some attachments are unnecessary; the summary detail is lacking and the report includes statements that are not appropriate or relevant to the investigation.

Example Section B – Supporting Documentation ATTACHMENT

NO. DATE SUMMARY

Plagiarism Policy

2/5/13 Student Contact Details

Turnitin Report

Example of Section C - Summary of Student Misconduct The Turnitin report shows plagiarism. I have always thought that the student was cheating because they don’t seem to pay too much attention in their classes and they still pass units.

Example of Section D - View on the seriousness of the incident 1. The extent to which the behaviour was planned or deliberate

It was obviously planned because no-one would be silly enough to copy big chunks of text. Her behaviour was completely deliberate.


High This is pretty self-explanatory.

Why is this example report considered to be incomplete?

Not all attachments are relevant. Attachments are not numbered or dated

No reasons relating to the evidence are provided for the Inquiry Officer’s view on the seriousness of the incident

Comments are personal, subjective and have no relationship to the matter under investigation

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I have no comment regarding this question.


High – This will have a negative impact on the University’s reputation.


It is important.

Example of Section E – Reasons for Recommendation/Determination 1. Reasons for determining whether or not misconduct occurred

The student has previously been penalised for Level II plagiarism and received two warnings for Level I plagiarism so it is more likely than not that she is guilty of plagiarism this time as well.


The plagiarised assessment item.

Section not completed

There are no reasons provided for why this situation might have a negative impact on the University’s reputation or why it is important to take action in relation to the matter

Information incomplete

Previous cases can only be considered when deciding penalty. They are not relevant when making a determination in a matter

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10.5 EXAMPLE OF A COMPLETE REPORT: GENERAL MISCONDUCT

Example Section B – Supporting Documentation ATTACHMENT NO. DATE SUMMARY

1 n/a Student Progress Report

2 28/02/2013 General Misconduct Inquiry Letter

3 8//3/2013 Student response to allegations

4 6/03/2013 Letter from Medical Practitioner

5 03/02/2013 Report from Unit Coordinator

6 03/02/2013 Report from staff member 1



9 n/a Student Charter

10 02/03/2013 Security Report

Example of Section C - Summary of Student Misconduct Miss Misconduct, Student ID 9999 was reported to have behaved in an aggressive and intimidating manner towards staff and students. Reports have been received stating that staff are concerned for their safety and the safety of their students and the resultant stress and anxiety has negatively impacted their ability to perform their duties. In addition, staff are concerned that the time they are required to spend dealing with the alleged inappropriate behaviours of Miss Misconduct, means that other students in the class are not able to be provided a similar level of attention.

Example of Section D - View on the seriousness of the incident 1. The extent to which the behaviour was planned or deliberate

Miss Misconduct, in her response to the allegations indicated that the behaviours she exhibited were not planned or deliberate, (see Attachment 3 – Student Response to Allegations) but occurred because of a severe medical condition which causes her to act in an aggressive manner (see Attachment 4 – Letter from Medical Practitioner).


High – Miss Misconduct behaved in an aggressive manner towards both staff and students and continued receiving preferential treatment by not being required to share space with other students or participate in group work activities for fear that an altercation could occur. This means that Miss Misconduct has a gained advantage by having singular access to resources and preferential treatment to ensure any conflicts with other students are avoided.

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NB: SECTION E MUST BE COMPLETED BY THE AUTHORISED OFFICER.


High – Miss Misconduct consumes the majority of staff time and this means that other students are disadvantaged and not receiving the same focus and attention (see Attachment 5 – Report from Unit Coordinator). Through her actions of behaving aggressively towards other students and intimidating them, there is concern that other student’s progress will be compromised and potentially disadvantaged.


High – The behaviours exhibited by the student have impacted a number of staff members (see Attachments 6, 7 & 8 – Reports from Staff Members) and could have a negative impact on the University’s reputation if no action is taken. It might appear that the University is unwilling to act and should the matter be reported externally, the University will be negatively impacted in that it will be seen to not be managing its responsibilities to all students in an equitable manner.


In accordance with the University’s Student Charter (see Attachment 9), all students are expected to abide by the University’s values and demonstrate appropriate behaviour. Miss Misconduct’s behaviour resulted in Security being called (see Attachment 10 – Security Report) and not following up on the disruptive behaviours is contradictory to the University’s values.

Example of Section E – Reasons for Recommendation/Determination 1. Reasons for determining whether or not misconduct occurred

There is clear evidence that the student does not meet the expected standards of behaviour and is behaving in a manner that is intimidating to staff and disadvantaging other students in the class. The student continued her behaviour despite warnings that it is aggressive and disruptive and in my opinion the information provided by Miss Misconduct is not sufficient to support a finding that misconduct did not occur.


Reports from staff members 1,2 & 3 Report from Unit Coordinator Security Report Letter from Medical practitioner Student response to allegations

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HELPFUL HINT

Always provide as much information as possible to the student prior to their attendance at a misconduct hearing.

The student must be provided the opportunity to respond in writing to

the allegations against them prior to being invited to attend a misconduct hearing.

10.6 CONDUCTING A STUDENT MISCONDUCT HEARING An Inquiry Officer, as part of their investigation into a matter may choose to invite a respondent student to a misconduct hearing. This action is discretionary and may be in addition to the requirement that a student must be formally advised of the allegations against them and provided the opportunity to respond in writing. I am the Inquiry Officer. Do I have to invite a student to a misconduct hearing? This is not a requirement under the student misconduct rules and is at the discretion of the Inquiry Officer. A student should be invited to a student misconduct hearing if the Inquiry Officer believes this would add value to the investigation. For example, it may be appropriate to hold a misconduct hearing if the Inquiry Officer has received a number of varying accounts regarding the same matter and it is not clear which version is correct. It is recommended that at least one additional staff member attend the hearing as a witness and to take notes. I am the Inquiry Officer and I have decided that it would add value to the process to hold a misconduct hearing with the respondent student? What do I do now? If an Inquiry Officer wishes to exercise their discretion and invite a student to a misconduct hearing, the Inquiry Officer must provide the student with an information sheet about attending a student misconduct hearing. The information sheet is a standard template that is available on the Student Central Intranet. For further details regarding templates, see Section 15 of this guide.

What is included on the information sheet? The information sheet provides students with details regarding:

Why they are being asked to attend a hearing; What they can expect from the hearing; Who will be attending the hearing; Whether or not anyone can attend the hearing with the student; Whether they are required to attend the hearing; What will happen after the completion of the hearing; and where they can receive advice and

assistance.

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11 DETERMINATION BY THE AUTHORISED OFFICER

What does “balance of probabilities” standard of proof mean? The “balance of probabilities” standard of proof means that any determination made as the result of the inquiry should establish that it is more probable than not, that misconduct did or did not occur. Can someone other than the Authorised Officer make a determination? No - A “determination” is a decision made by an Authorised Officer relating to an instance of misconduct and must be made by the Authorised Officer. This responsibility cannot be delegated. I am the Authorised Officer. What information should I consider before making a determination? In making a determination in a matter, the Authorised Officer, upon receiving or completing a report must review all the provided documentation and any recommendations. This means that Authorised Officers must consider what is relevant and factual and the findings of material questions of fact before making a determination. This could include:

copies of assignments; an admission by a student; possible weightings of assessment items; and/or mitigating or aggravating circumstances.

The Authorised Officer must act fairly and without bias and can determine one of the following:

student misconduct has occurred; student misconduct has not occurred; or the available information is insufficient to determine if student misconduct has occurred.

I am the Authorised Officer. What if I receive an Inquiry Officer’s report and I would like some more information on a specific point before making a decision. What can I do? If warranted, the Authorised Officer can request the Inquiry Officer undertake further investigations or provide further information.

The Authorised Officer must make a determination in a matter based on the "balance of probabilities"

standard of proof.

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DON’T FORGET…

An Authorised Officer must include their reasons for their determination as part of the Inquiry Officer/ Authorised Officer’s Report.

I am the Authorised Officer and have determined that misconduct HAS occurred. What do I do now? If the matter relates to academic misconduct, the Authorised Officer must give the Chair of the Relevant Student Discipline Panel a copy of their report and any other information collected as part of the inquiry. If the matter relates to general misconduct, the Authorised Officer must provide the Chair of the Relevant Student Discipline Panel a copy of their report and any other information collected as part of the inquiry. A covering memo must be included when referring a matter to a Student Discipline Panel. I am the Authorised Officer and have determined that misconduct HAS NOT occurred. What do I do now? Written notification of the determination that misconduct did not occur must be provided to the student. I am the Authorised Officer and have determined that the available information is insufficient to determine if student misconduct occurred. What do I do now? If the Authorised Officer determines that the available information is insufficient to decide if student misconduct occurred, they are able to:

notify the student and take no further action; or notify the student and arrange for the student to attend counselling or a lecture, seminar,

workshop or similar activity in relation to appropriate behaviour.

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12 PENALTY

What are the penalties that can be applied where there has been a determination that student misconduct occurred? The two levels of penalties that can be given in any case of misconduct are referred to as Category 1 and Category 2 penalties under the rules. Category 1 and Category 2 penalties differ slightly between the rules associated with Statute No. 10 – Student Discipline. This is to ensure the penalty is appropriate for the different types of misconduct. I am looking into a matter and it appears to be Level I plagiarism. Is this Academic Misconduct and can I apply a penalty? When suspected plagiarism is reported, specific criteria will be reviewed to assess whether the matter should be handled as academic misconduct. These criteria are listed in the Plagiarism Policy and Procedures as being relevant to Level I, II or III plagiarism. If the criteria show the suspected plagiarism to be Level I, then the matter is not considered to be academic misconduct and no penalty should be applied. Instead, the student should be offered some remedial support. If the suspected plagiarism is considered to be either Level II or Level III plagiarism the matter must then be investigated further as a case of suspected academic misconduct. For further guidance; please refer to the publication Academic Integrity at Curtin – Staff Guidelines for Dealing with Student Plagiarism available at academicintegrity.curtin.edu.au. Who can apply a penalty? When a determination has been made by an Authorised Officer that either academic or general misconduct has occurred, the matter is referred to a Student Discipline Panel to decide a Category 1 penalty. If, after reviewing the documentation, the Student Discipline Panel feels that the situation warrants a higher penalty consideration, the matter can be referred to the Academic Registrar for a Category 2 penalty to be determined by a Board of Discipline. Student Discipline Panels are only able to apply one or more penalties within Category 1. A Board of Discipline is able to apply either a Category 1 or Category 2 penalty. Only the Board of Discipline can decide a Category 2 penalty unless the matter is an appeal heard by the relevant Pro Vice-Chancellor. Who should be advised of what penalty has been applied for a particular student misconduct matter? Once a decision on penalty has been made, the Chair of the Student Discipline Panel must provide the student concerned with written notification of the penalty details. The Chair of the Student Discipline Panel must send a copy of the penalty decision to the Academic Registrar. The relevant staff member who is required to action the penalty must also be informed. If a matter is referred to a Board of Discipline, the Pro Vice-Chancellor of the relevant Faculty must be notified of the referral and recommendation.

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DON’T FORGET…

The Student Discipline Panel can only decide a Category 1 penalty or refer a matter to a Board of Discipline for a Category 2 penalty.

It cannot reverse or change any determination made by an

Authorised Officer.

If a Student Discipline Panel decides to refer a matter for a Category 2 penalty, they cannot apply a Category 1 penalty and

then refer the matter. In this situation, the Board of Discipline decides the penalty.

How do I refer a matter so a Category 2 penalty can be decided by a Board of Discipline? In order for a Board of Discipline to be convened, the relevant Student Discipline Panel is responsible for recommending that the seriousness of a matter warrants the application of a Category 2 penalty by a Board of Discipline and all information must be forwarded to the Office of the Academic Registrar. Please refer to the checklist below for examples of what documents should be included when referring a case to a Board of Discipline.

Covering Memo; Inquiry Officer/Authorised Officer’s Report; All attachments collected as part of the inquiry (including letters to the student and responses

from the student); and Documents related to previous cases (e.g. Student Discipline Panel penalty decisions, letter

advising student of penalty, all attachments) If you are unsure what documentation to include, the Office of the Academic Registrar is able to provide advice.

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13 APPEAL

Do students have the right of appeal? All students have the right of appeal against a finding of misconduct and/or a penalty imposed for an instance of misconduct. Students must be notified in writing of their appeal rights. Students must be given the right of appearance at an appeal hearing as well as the right to submit a written statement in regards to their appeal. Written statements and supporting documentation must be provided to the party hearing the appeal two clear days before the hearing. Who decides an appeal? An appeal must be heard by a party or parties not involved in the original decision. All appeals against a finding of misconduct made by an Authorised Officer (who is not the Academic Registrar) must be decided by the relevant Faculty Pro Vice-Chancellor. All appeals against a penalty decided by a Student Discipline Panel must be decided by the relevant Faculty Pro Vice-Chancellor. All other appeals are heard by the Student Discipline Appeals Board. How long does a student have to submit an appeal? Appeals must be made within 14 days of a student being notified of a penalty imposed by the Student Discipline Panel or the Board of Discipline.

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14 STUDENT MISCONDUCT AT A MAJOR NON-BENTLEY CAMPUS

What is a “Major Non-Bentley Campus”? In each of the three rules, the Major Non-Bentley Campuses are:

Curtin Sarawak Curtin Singapore Curtin Sydney

Academic Misconduct at a Major Non-Bentley Campus Any suspected academic misconduct must be initially reported to the defined Faculty/Bentley based Authorised Officer. Any inquiry can then be undertaken by an appointed location based Inquiry Officer. If an inquiry results in a determination that misconduct occurred, the matter must then be referred to the relevant Bentley based Student Discipline Panel. Any involvement of a Board of Discipline, Pro Vice-Chancellor or Student Discipline Appeals Board in a matter (for penalty and appeal purposes) must be referred to the Bentley based boards or positions. General Misconduct at a Major Non-Bentley Campus Any suspected general misconduct at a Major Non-Bentley Campus must be reported to the defined location based Authorised Officer (e.g. suspected general misconduct at Curtin Sarawak must be reported to the Pro Vice-Chancellor, Curtin Sarawak). If an inquiry results in a determination that misconduct occurred, the matter must then be referred to a location based Student Discipline Panel. Any involvement of a Board of Discipline, Pro Vice-Chancellor or Student Discipline Appeals Board in a matter (for penalty and appeal purposes) must be referred to the Bentley based Boards or positions. Academic Record Fraud at a Major Non-Bentley Campus Any suspected academic record fraud at a Major Non-Bentley Campus must be reported to the Academic Registrar at Bentley.

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15 STUDENT MISCONDUCT TEMPLATES

15.1 ACADEMIC MISCONDUCT TEMPLATES Templates are subject to regular review and are available for staff online at: https://studentcentral.curtin.edu.au/references/misconduct.cfm Descriptions of the templates are provided in the table below.

Template Document Details

A

Academic Misconduct – Inquiry Officer/Authorised Officer’s report [.pdf]

This report is used to provide the inquiry information to the Authorised Officer. This document may also be provided to the student during the misconduct process.

B

Academic Misconduct- inquiry letter to student [.doc]

This letter is sent to the student by the staff member undertaking the investigation (inquiry). It informs the student of the substance of the allegations against them and provides the student the opportunity to respond.

B1

Academic Misconduct - notification of hearing [.doc]

This letter is optional. It should only be sent if the investigating officer wishes to meet with the student as part of the inquiry. Template B1a must be sent as an attachment to this letter.

B1a

Attending a student misconduct hearing - information sheet [.pdf]

This template must be sent as an attachment to Template B1. It is an information sheet that explains to students what to expect if they are being asked to attend a hearing.

C

Academic Misconduct - penalty decision [.doc] Academic Misconduct - penalty decision (editable) [.pdf]

This document is completed by the Chair, Student Discipline Panel. All members of the Student Discipline Panel must sign this completed document. A copy of the document must be forwarded to the Academic Registrar.

D

Academic Misconduct - notification of determination and penalty [.doc]

This letter is forwarded to the student by the Chair, Student Discipline Panel to advise the student of the determination and of the penalty imposed.

E

Academic Misconduct - PVC appeal determination [.doc]

This letter is sent by the relevant Pro Vice-Chancellor in response to an appeal against a determination of academic misconduct or a penalty decided by the relevant Student Discipline Panel.

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15.2 GENERAL MISCONDUCT TEMPLATES Templates are subject to regular review and are available for staff online at: https://studentcentral.curtin.edu.au/references/misconduct.cfm Descriptions of the templates are provided in the table below.

Template Document Details

A

General Misconduct – Inquiry Officer/Authorised Officer’s report [.pdf]

This report is used to provide the inquiry information to the Authorised Officer. This document is provided to the student.

B General Misconduct - inquiry letter to student [.doc]

This letter is sent to the student by the staff member undertaking the investigation (inquiry). It informs the student of the substance of the allegations against them and provides the student the opportunity to respond.

B1 General Misconduct - notification of hearing [.doc]

This letter is optional. It should only be sent if the investigating officer wishes to meet with the student as part of the inquiry. Template B1a must be sent as an attachment to this letter.

B1a

Attending a student misconduct hearing - information sheet [.pdf]

This template must be sent as an attachment to Template B1. It is an information sheet that explains to students what to expect if they are being asked to attend a hearing.

C General Misconduct - notification of determination [.doc]

This letter is sent by the Chair of the Student Discipline Panel to a student informing them that a determination of misconduct has been made by the relevant Authorised Officer. It provides the student with the opportunity to respond in relation to penalty. A copy of the Inquiry Officer/Authorised Officer’s report must be provided to the student as an attachment to this letter.

D

General Misconduct - penalty decision [.doc] General Misconduct - penalty decision (editable)[.pdf]

This document is completed by the Chair, Student Discipline Panel. All members of the Student Discipline Panel must sign this completed document. A copy of the document must be forwarded to the Academic Registrar.

E General Misconduct - notification of penalty [.doc]

This letter is forwarded to the student by the Chair, Student Discipline Panel to advise the student of the penalty imposed.

F General Misconduct - PVC appeal determination [.doc]

This letter is sent by the relevant Pro Vice-Chancellor in response to an appeal against a determination of general misconduct or a penalty decided by the relevant Student Discipline Panel.

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16 APPENDICES

16.1 STUDENT CHARTER The Student Charter is available at: http://students.curtin.edu.au/rights/student_charter.cfm Curtin University values its students and recognises the importance of the overall student experience. With this in mind, the University is committed to providing a welcoming, supportive and safe environment, conducive to learning and research and the development of individuals who display the Curtin values of Integrity, Respect, Fairness and Care. To achieve this, the University undertakes to: 1. Ensure that students have access to all relevant laws, University Statutes, rules, by-laws, the

University’s Guiding Ethical Principles, policies and procedures relating to their rights as a student.

2. Provide support services which take into consideration the requirements of all students. 3. Provide a study environment free from unlawful discrimination, bullying or harassment. 4. Provide a safe environment for study, research and other university related activities and to

observe all relevant legislation. 5. Embrace and recognise diversity. 6. Ensure the availability of core units and other course requirements to enable program completion

within allowable timeframes. 7. Provide accurate and accessible information about all relevant aspects of a course including unit

learning outcomes, content, assessment and timetables in a timely manner before the start of each study period.

8. Provide reasonable access to staff to discuss program matters, address concerns and complaints; and ensure timely fair and constructive assessment of work.

9. Provide appropriate facilities and equipment to support student learning. 10. Ensure that students have representation on University committees to enable participation in

decision making. 11. Ensure students have opportunities to provide feedback on unit quality, teaching performance,

support services and facilities. 12. Ensure that any campus related disruption that may affect students during their course of study is

kept to a minimum and is communicated in a timely manner. 13. Recognise the legal rights of students including those relating to intellectual property and privacy. Students also have responsibilities and are expected to: 1. Inform themselves of, and comply with, all relevant laws, University Statutes, rules, by-laws, the

University’s Guiding Ethical Principles, policies and procedures relating to their rights as a student.

2. Participate constructively in the learning experience. 3. Be aware of course and unit requirements and their individual academic progress. 4. Behave in an appropriate manner within the learning environment, showing respect for both staff

and fellow students at all times. 5. Use University facilities and services in an honest and responsible manner. 6. Recognise that cheating, plagiarism and fabrication or falsifications of data are not acceptable. 7. Embrace and recognise diversity. 8. Adhere to the proper use of copyright material. This Student Charter was developed in partnership between the University and Curtin Student Guild and was approved by Academic Board on 27 June 2008.

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16.2 ACADEMIC MISCONDUCT PROCESS FLOWCHART

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16.3 GENERAL MISCONDUCT PROCESS FLOWCHART

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16.4 ACADEMIC RECORD FRAUD PROCESS FLOWCHART 5.

VIC

E

CH

AN

CE

LLO

R

AP

PE

AL

2. I

NQ

UIR

Y3.

PE

NA

LTY

4.S

TU

DE

NT

AP

PE

AL

1. IN

ITIA

TIO

N Alleged Academic Record Fraud reported to Academic Registrar

(AR)

AR to determine if there are grounds to warrant

further investigation

NO

YES

Inquiry conducted and student informed of

allegation and given 7 days minimum to

respond.

NO

YES

NO

YES

No further action, inform student

Arrange for student to receive counselling

Academic Registrar (AR) to provide report to the

student stating their determination on

Academic Record Fraud.

Student provided 7 days to provide written

submission regarding penalty

AR refers matter to a Board of Discipline

(BoD)

Student notified and given minimum 7 days to provide written submission.

BoD considers AR report and student submission and imposes Category 2

penalty

BoD to notify student and Academic Registrar of

outcome in writing

Appeal submitted in writing to the Student

Discipline Appeals Board (SDAB) c/o AR within 14

days of notification of outcome

AR to notify student

Appeal submitted in writing to the Student

Discipline Appeals Board (SDAB) c/o AR within 14

days of notification of outcome

Appeal to be heard by SDAB within 28 days of

receipt of notice of appeal

Each party to be given 7 days notice by SDAB to

provide written submissions

AR and student advised of decision of SDAB. Decision is final and higher penalty can be

imposed.

Appeal to be heard by SDAB within 28 days of

receipt of notice of appeal

Each party to be given 7 days notice by SDAB to

provide written submissions

AR and respondent advised of decision of SDAB. Decision is final

and higher penalty can be

imposed

AR to determine if student should be

counselled regarding appropriate behaviour

NO

YES

No further action, inform student

Arrange for student to receive counselling

UNSUREAR to initiate inquiry

AR to decide if student should be counselled regarding appropriate

behaviour

AR to determine if Academic Record Fraud

has occurred

AR determines

Category 1 penalty

AR determines Category 2 penalty

may be warranted

Student has right of

appeal (see below)

Student has right of

appeal (see below)

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16.5 RESPONSIBILITIES – QUICK REFERENCE GUIDE This is a quick reference guide only. Please refer to the relevant misconduct rules for specific details regarding responsibilities. All responsibilities must be undertaken in accordance with the relevant rules.

Academic Misconduct General Misconduct Academic Record Fraud

Vice Chancellor

Delegate to a Staff Member or authorise a person to carry out on their behalf, the Vice Chancellor’s functions under the rules

Appoint a Legal Practitioner as

Chair of a Board of Discipline or Student Discipline Appeals Board

Revoke the appointment of the

Chair of the Board of Discipline and Student Discipline Appeals Board

Appeal against a determination

relating to academic misconduct, penalty or both.

Provide a direction to temporarily

exclude or deny a student access to any or all facilities of the University for over 4 weeks

Withdraw any direction to

temporarily exclude or deny a student access to any or all facilities of the University

Delegate to a Staff Member or authorise a person to carry out on their behalf, the Vice Chancellor’s functions under the rules






relating to general misconduct, penalty or both.


exclude or deny a student access to any or all facilities of the University for over 4 weeks



Delegate to a Staff Member or

authorise a person to carry out on their behalf, the Vice Chancellor’s functions under the rules






relating to academic record fraud, penalty or both.


exclude or deny a student access to any or all facilities of the University for up to and over 4 weeks



Academic Registrar

Delegate to a Staff Member or authorise a person to carry out on their behalf, the Academic Registrar’s functions under the rules



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Academic Misconduct General Misconduct Academic Record Fraud Appoint a particular person to be

the Authorised Officer in respect to an instance of possible academic misconduct

Act as Authorised Officer as

specified in with Schedule A of the Academic Misconduct Rules

Where they are the Authorised

Officer, appoint an Inquiry Officer Act as Inquiry Officer

Make a determination regarding an

instance of academic misconduct where they are the Authorised Officer

Call for nominations for student

members for the Board of Discipline and Student Discipline Appeals Board

Call for nominations for staff


Convene a Board of Discipline

when referred a matter by a Student Discipline Panel

Convene a Student Discipline

Appeals Board when referred an appeal to be heard by the board

Randomly select staff members for

a Board of Discipline and Student Discipline Appeals Board from a pool of nominations

Appoint a particular person to be the Authorised Officer in respect to an instance of possible general misconduct

Act as Authorised Officer as

specified in Schedule A of the General Misconduct Rules


Officer, appoint an Inquiry Officer

Act as Inquiry Officer

Make a determination regarding an instance of general misconduct where they are the Authorised Officer

Call for nominations for student




Convene a Board of Discipline

when referred a matter by a Student Discipline Panel

Convene a Student Discipline

Appeals Board when referred an appeal to be heard by the board



Act as Inquiry Officer Act as the Authorised Officer Appoint a particular person to be

the Inquiry Officer in respect to an instance of possible academic record fraud

Make a determination regarding an

instance of academic record fraud

Apply a relevant Category 1 penalty

Refer a matter to be heard by a

Board of Discipline

Call for nominations for student members for the Board of Discipline and Student Discipline Appeals Board



Convene a Board of Discipline to

hear a matter

Convene a Student Discipline Appeals Board when referred an appeal to be heard by the board



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Academic Misconduct General Misconduct Academic Record Fraud Randomly select student members

for a Board of Discipline and Student Discipline Appeals Board from a pool of nominations

Approve and issue guidelines and

procedures not inconsistent with Statute No. 10 or the rules


exclude or deny a student access to any or all facilities of the University for up to 4 weeks

Withdraw a direction of the Pro

Vice-Chancellor or Head of School to temporarily exclude or deny a student access to any or all facilities of the University

Randomly select student members for a Board of Discipline and Student Discipline Appeals Board from a pool of nominations


procedures not inconsistent with Statute No. 10 or the rules.


exclude or deny a student access to any or all facilities of the University for up to 4 weeks

Withdraw a direction of the Pro

Vice-Chancellor or Head of School to temporarily exclude or deny a student access to any or all facilities of the University

Randomly select student members for a Board of Discipline and Student Discipline Appeals Board from a pool of nominations


procedures not inconsistent with Statute No. 10 or the rules

Provide a direction or withdraw

their own direction to temporarily exclude or deny a student access to any or all facilities of the University for up to 4 weeks

Pro Vice-Chancellor

Delegate to a Staff Member or authorise a person to carry out on their behalf, the Pro Vice-Chancellor’s functions under Part 4 of the rules

Appoint the Chair of the Faculty

Student Discipline Panel

Appoint a staff member to the Faculty Student Discipline Panel

Hear and determine an appeal

against a determination of academic misconduct made by an Authorised Officer (other than the Academic Registrar) and against any penalty imposed by the Student Discipline Panel, or both


exclude or deny a student access

Delegate to a Staff Member or authorise a person to carry out on their behalf, the Pro Vice-Chancellor’s functions under the rules

Appoint the Chair of the Faculty


Appoint a staff member to the Faculty Student Discipline Panel

Hear and determine an appeal

against a determination of general misconduct made by an Authorised Officer (other than the Academic Registrar) and against any penalty imposed by the Student Discipline Panel, or both


exclude or deny a student access

n/a

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Academic Misconduct General Misconduct Academic Record Fraud to any or all facilities of the University for up to 2 weeks

Withdraw a direction of the Head of

School to temporarily exclude or deny a student access to any or all facilities of the University

to any or all facilities of the University for up to 2 weeks

Withdraw a direction of the Head of

School to temporarily exclude or deny a student access to any or all facilities of the University

Pro Vice-Chancellor, Curtin Sarawak

n/a

Act as Authorised Officer as specified in Schedule A of the General Misconduct Rules

Act as Chair of the Curtin Sarawak


Appoint a staff member to act as the Chair or a member of the Curtin Sarawak Student Discipline Panel

n/a

Pro Vice-Chancellor, Curtin Singapore

n/a


Act as Chair of the Curtin

Singapore Student Discipline Panel

Appoint a staff member to act as the Chair of a member of the Curtin Singapore Student Discipline Panel

n/a

Campus Director, Curtin Sydney

n/a


Act as Chair of the Curtin Sydney


Appoint a staff member to act as the Chair or a member of the Curtin Sydney Student Discipline Panel

n/a

Chief Information Officer

n/a Act as Authorised Officer as


n/a

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Academic Misconduct General Misconduct Academic Record Fraud Executive Director, Properties

n/a Act as Authorised Officer as


n/a

Head of School

Act as Inquiry Officer

Act as Authorised Officer as specified in Schedule A of the Academic Misconduct Rules



Make a determination regarding an instance of academic misconduct where they are the Authorised Officer


exclude or deny a student access to any or all facilities of the University for up to 1 week

Act as Inquiry Officer Act as Authorised Officer as




Make a determination regarding an instance of general misconduct where they are the Authorised Officer


exclude or deny a student access to any or all facilities of the University for up to 1 week

n/a

Student Guild President

Call for nominations of students to act on a Faculty Student Discipline Panel

Provide a list of the student

nominations to each Faculty Pro Vice-Chancellor

Call for nominations of students to act on a Faculty Student Discipline

Provide a list of the student

nominations to each Faculty Pro Vice-Chancellor

n/a

Equivalent to Student Guild President at a Major Non-Bentley Campus

n/a

Call for nominations of students to act on the relevant Major Non-Bentley Campus Student Discipline Panel

n/a

Any Staff Member

Report an incident of suspected academic misconduct to the appropriate Authorised Officer

Act as Inquiry Officer if appointed

to do so by the appropriate Authorised Officer

Report an incident of suspected general misconduct to the appropriate Authorised Officer



Report an incident of suspected academic record fraud to the appropriate Authorised Officer



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