Student General Misconduct Procedures

For matters occurring on or before 31/12/2025, refer to the previous version of this document here.

Intent

This Procedure outlines the University’s management of an allegation of conduct which contravenes the obligations and expectations identified in the Student Code of Conduct. Allegations of Professional, Academic or Sexual Misconduct are excluded from this procedure as they are dealt with under separate procedures.

This Procedure addresses Higher Education Standards Framework (HESF) Standards 2.2, 2.3, 2.4, 5.2 and 7.2.

Scope

This Procedure applies to all students undertaking study or research with James Cook University in respect of all actions and activities (including inaction or inactivity) relating to or impacting on the University or its students, staff, volunteers, contractors, visitors, or members of the public.

The scope of this Procedure includes conduct that may occur at or in connection with (but is not limited to):

• the University’s Australian campuses and study centres;
• managed student accommodation (including University-owned or operated accommodation, and privately owned or operated accommodation, and regardless as to whether the accommodation is within or outside a University campus);
• sporting and recreational clubs and facilities to the extent that they fall within the University Community;
• managed digital environments (including the use of information technology and other University-operated digital platforms); and
• conduct and activities related to the University’s business that are not conducted on University’s premises, including (but not limited to):
  • field trips
  • conferences and workshops
  • student camps
  • inter-University events
  • parties and other social functions

Definitions

Except as otherwise specified in this Procedure, the meaning of terms used in this procedure are as per the Student Code of Conduct. Other terms used in this procedure may also be found in the Policy Glossary.

Procedure

1. General

1.1 Any staff or student or member of the University community or public should immediately refer an instance of suspected criminal conduct to the Police.

1.2 If the alleged inappropriate conduct involves a student living on campus and happens during a residential College activity, or within JCU Halls of Residence, University-managed student housing, or an Affiliated College, the matter will be referred to the relevant Manager or Head of Residence/College to be dealt with under their procedures. Allegations of gender-based violence, sexual harassment or sexual assault are excluded from this process. Conduct on the part of students as part of JCUSA Clubs or Societies activities that may occur on campus or off-campus will be referred to the relevant Club or Society for appropriate action in accordance with the constitutions of said Clubs or Societies (except for gender-based violence, sexual harassment or sexual assault).

1.3 The timelines specified in this procedure are indicative and are intended to support the timely handling of complaints and allegations. Where a timeline is not met, this will be noted in communication to students; however, the validity of decisions made under this procedure is not affected.

2. Referral of allegations of Student Misconduct to Director, Student Services and Support

2.1 Any staff, or student, or member of the University community or public may refer an instance of suspected General Misconduct to the Authorised Delegate, the Director Student Services and Support.

2.2 The Chair of the University’s Behaviour Risk Group (Chief of Staff) may refer an allegation of Student General Misconduct to the Director, Student Services and Support where a pattern of behaviour is identified and has escalated to high risk or escalating inappropriate behaviours in accordance with the Group’s Terms of Reference.

2.3 The Director, Student Services and Support will conduct a preliminary evaluation of the allegation as presented. The Director, Student Services and Support may:

a. dismiss the matter if the allegation(s) is deemed too trivial, not within the jurisdiction of the University to address, or not an allegation or complaint within the framework of the policies and procedures of the University, and send written advice of the dismissal and reasons for the dismissal to the referring person; or

b. refer all or part of the matter to the relevant College Dean or Dean Graduate Research and Researcher Development or other authorised delegate for appropriate action; and/or

c. where appropriate, refer the matter to the Police or other relevant external authority, and/or

d. impose particular requirements (precautionary measures) as a condition of the student’s continued attendance at University under clause 4; and/or

e. commence a preliminary Inquiry in accordance with clause 5 if there is insufficient detail and evidence provided to enable an allegation to be put to the student.

3. Support for students facing General Misconduct Allegations

3.1 Students facing misconduct allegations will be referred to the JCU Student Association Advocates for support navigating JCU complaint processes, and are to be advised of the free and confidential Counselling and Wellbeing Services available.

3.2 Students will also be notified of the right to a support person whilst responding to misconduct processes.

4. Precautionary Measures (suspension, restrictions or conditions placed on enrolment)

4.1 At any time throughout the process, the College Dean, Dean, Graduate Research and Researcher Development, or Chief of Staff where they are involved in the process, or the Director, Student Services and Support may recommend to the Deputy Vice Chancellor, Education to immediately suspend the student, or place restrictions or conditions on the student’s enrolment or access to campus or parts thereof if necessary for the University to discharge its duty of care to its students, staff or Placement Partners until the matter is finalised, and where there is sufficient evidence supporting the allegation(s).

4.2 This may involve conditions or restrictions on access to the Campus, suspension of access to specific workplaces/areas of the University, and/or directions regarding communication with the University, its staff, students or Affiliates. Any immediate suspension, restriction or condition will be placed on the student's file, a sanction applied in the Student Management System, and relevant officers in the University will be notified noting clause 11 below.

4.3 The Deputy Vice Chancellor, Education will make a reasonable effort (having regard to the seriousness and urgency of the circumstances) to provide the Respondent with an opportunity to explain why the proposed Precautionary Measures should not be imposed where the Respondents right to access campus or learning activities is impacted. Immediate implementation may be required where there are safety concerns for either party.

4.4 Precautionary Measures will end:

a. 28 days after the Precautionary Measures have been imposed, if no allegation letter is given to the Respondent in that time;

b. if an allegation letter is given to the Respondent within 28 days of the Precautionary Measures, then at the conclusion of the disciplinary process after which, if misconduct is proven, a penalty may be applied.

4.5 Restrictions on a student under clause 4 may be revoked or revised by the Deputy Vice Chancellor, Education, should additional relevant information be presented at any time before the matter is finalised.

5. Misconduct Allegations

5.1 On receiving a misconduct complaint, the Director, Student Services and Support may appoint an internal or external investigator to conduct a preliminary inquiry with the Complainant. The inquiry will clarify the key aspects of the complaint, identify potential witnesses and sources of information, and note any outcomes sought.

5.2 The Preliminary Inquiry will include an interview with the Complainant and other relevant people identified. This Preliminary Inquiry is to determine whether sufficient information is available to prepare a letter of allegation(s). All parties must have the opportunity to be accompanied by a support person when they are asked about the matters which are the subject of the Complaint.

5.3 The Inquiry Officer will make recommendation(s) to the Authorised Delegate as to whether there is sufficient information to progress the Complaint to a disciplinary process and provide recommendations on the extent and nature of the allegations to be put to the Respondent.

5.4 If the Inquiry Officer determines that there is insufficient information to progress the Complaint, they may recommend to the Authorised Delegate that the Complaint be closed. If the Authorised Delegate determines to close the Complaint they will notify the Complainant in writing. The University will continue to provide support, including Accommodations to the Complainant. This decision to close a Complaint can be appealed.

5.5 If the Director, Student Services and Support considers from the Preliminary Inquiry that there is sufficient evidence and that allegations can be put to the Respondent to progress the Complaint, they will notify the student in writing that an allegation of General Misconduct has been received (Allegation Letter). In the Allegation Letter, the student will be provided with sufficient detail including supplying any evidence, to enable them to understand the precise nature of the allegation. The student will also be provided information on the potential penalties outlined in Appendix 1 to the Student Code of Conduct and information on support services available.

5.6 In the Allegation Letter, the student will be asked to provide a written response to the allegation(s) within timeframes determined by the Director, Student Services and Support. Due consideration will be given to the nature of the allegation(s), but usually the written response will be required within ten (10) working days.

5.7 A student who receives notice of allegation(s) is to respond in writing and may attend a meeting with the Director, Student Services and Support to address the allegation(s). A member of the Office of Student Matters will attend all such meetings to record the discussion and outcomes.

5.8 A student may be assisted by a support person or representative (such as a JCUSA Student Advocate) to prepare their written response to the allegation(s). The student may be accompanied by a support person or representative when attending any meetings with the Director, Student Services and Support.

5.9 If the student does not respond within ten (10) working days of the notification, or otherwise refuses to engage in the process, this does not halt the misconduct process, and the authorised delegate will move to clause 5.10.

5.10 The Director, Student Services and Support will then make findings of the known facts, after considering:

a. the materials provided by the person alleging the student misconduct weighing up the sufficiency and reliability of various evidence;

b. any oral and/or written testimony provided by the student or others who may have information or evidence relevant to the allegation; and

c. then determine whether the allegation is proven or not proven on the balance of probabilities.

5.11 Within five (5) working days (or as otherwise negotiated with the student) of receiving the Response to Allegations, the Director, Student Services and Support will issue the Respondent a written determination letter of the decision regarding the allegations and, if the allegation(s) of misconduct are proven, the appropriate and proportionate penalty as per the Misconduct and Serious Misconduct penalty tables within the Student Code of Conduct Appendix 1.

5.12 The letter will include the proposed penalty, reasons for the decision, and advice on support services available. The Respondent will be provided with five (5) working days from the date of the determination letter to submit any mitigating circumstances as to why the proposed penalty should not be applied.

5.13 The Director, Student Servies and Support will consider any mitigating circumstances submitted by the Respondent before confirming the penalty to be applied. Where a proposed penalty is to be varied from the Serious Misconduct Penalty Table (Table 1) to a penalty within the Misconduct Penalty Table (Table 2), the variation must be approved by the Deputy Vice Chancellor, Education.

5.14 Following the finalisation of the misconduct process, the University may issue reasonable management directions to safeguard the wellbeing of those involved. These are not penalties but protective actions, such as requiring the Respondent to refrain from contact with specified students or staff members for a period considered necessary or appropriate.

5.15 The Respondent’s Academic Head is responsible for managing and enforcing protective measures, including non-contact directions, particularly where the Complainant and Respondent are enrolled in the same discipline, course, or subject. The Director, Student Services and Support will communicate these measures to the relevant parties.

5.16 Any breach of a University directive issued as part of a misconduct outcome may give rise to further general misconduct proceedings.

6. Withdrawal or referral of allegations

6.1 At any stage the person who referred the allegation of student misconduct to the Director, Student Services and Support may withdraw the allegation. All parties will be notified in writing that the allegation(s) has been withdrawn. In most instances, the University will then deem the matter resolved.

6.2 In certain circumstances, the University may deem the matter serious enough to continue to investigate the allegation and make a determination or to refer the matter to an external agency (such as the Police).

7. Internal Appeal

7.1 A student may appeal any determination made by the Director, Student Services and Support in accordance with the University's Student Review and Appeals Policy and Complaint and Conduct Decisions Appeal Procedure.

8. External Appeal

8.1 A student may appeal a decision to external bodies, including but not limited to:

a. the Queensland Ombudsman:  has jurisdiction to investigate  administrative actions, i.e., those relating to procedural fairness rather than issues relating to academic or professional judgement and will usually only review a matter once all internal rights of review have been exhausted;

b. the National Student Ombudsman (NSO): provides an independent complaints handling service for higher education students in Australia who believe their provider has not appropriately handled their complaint, and can resolve complaints by referring the student back to the University, use an alternative dispute resolution process or a restorative justice engagement process, or investigate a complaint.

c. the Human Rights Commission Queensland: can investigate complaints of discrimination and human rights breaches under Queensland laws;

d. the Australian Human Rights Commission: can investigate complaints of discrimination and human rights breaches under federal laws; and

e. the Tertiary Education, Quality and Standards Agency: considers complaints about non-compliance with the Higher Education Thresholds standards or the TEQSA Act.

9. Record keeping

9.1 Notes and documentation must be kept at all stages of the Student Misconduct process, including records of meetings, discussions, and precautionary measures proposed or taken. These documents may be used in Appeal processes.

9.2 All records and notes produced, and documents considered, must be stored in an appropriate, confidential University file. The file must be created and stored in line with University policy.

10. Privacy and Confidentiality

10.1 Misconduct complaint matters are confidential and private to the parties involved. All participants in the process set out in this Procedure, including persons contacted as part of investigation of a Complaint and the Respondent, must respect and maintain confidentiality, and confidentiality directions may be provided in writing by the Director, Student Services and Support.

10.2 The requirement to maintain privacy and confidentiality directions during a conduct process does not in any way preclude any person involved from seeking any type of professional or personal support including health, psychosocial, legal or external recourse, for example the National Student Ombudsman.

10.3 Information and records about a misconduct matter are only divulged to those with direct involvement with the following exceptions:

a. where there is a risk of harm to a person or persons, it may be necessary to share information;

b. where the matter is subject to legal proceedings or other action which require the presentation of JCU-held records by way of subpoena or similar;

c. where a student lodges a complaint or appeal regarding a decision under these procedures; or

d. where there is a clear public interest or obligation to share information (such as a duty to disclose information to a professional accreditation board, placement provider, or a duty to report under legislation).

10.4 A breach of privacy or confidentiality directions in relation to processes set out in this Procedure are considered a breach of the Code of Conduct.

10.5 Privacy and confidentiality restrictions relating to any Complaint and its outcomes are lifted from the Complainant and Respondent at the conclusion of the process.

Related policy instruments

Student Code of Conduct

Academic Freedom and Freedom of Speech Policy

Compliance Policy

Risk Management Policy

Higher Degree by Research Policy

Digital Technologies Acceptable Use Procedures

Learning Outcomes and Assessment Policy

Visiting Speaker and Event Policy

Social Media Policy

Student Review and Appeal Policy

Student Academic Misconduct Procedure

Student Professional Misconduct Procedure

Student Complaints Management Policy and Procedures

Gender-based Violence and Sexual Misconduct Policy

Incident Management Policy

Work Health and Safety Policy

Library Use Policy

Review of a Student’s Suitability to Continue a Course Involving Placement

Related documents and legislation

Human Rights Act (Qld) 2019

Fire and Emergency Services Act 1990 (Qld)

Police Powers and Responsibilities Ac 2000 (Qld)

Criminal Code 1899 (Qld)

Security Providers Act 1993 (Qld)

Work Health and Safety Act 2011 (Qld)

Information Privacy Act 2009 (Qld)

Administration

NOTE: Printed copies of this policy are uncontrolled, and currency can only be assured at the time of printing.

Approval Details

Revision History