Student Professional Misconduct Procedure

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

Intent

This Procedure outlines James Cook University’s (JCU; the University) management of allegations of misconduct by students occurring in a professional setting, including on campus, and as referenced in the Student Code of Conduct.

This Procedure addresses Higher Education Standards Framework (HESF) Standards 1.5, 2.3, 2.4, 6.2 and 7.2.

Scope

This Procedure applies to all students (including Higher Degree by Research candidates) undertaking study, work integrated learning, or research with JCU in respect of all actions and activities (including inaction or inactivity) relating to professional conduct in clinical, professional experience, industry, government or other workplace settings, and during coursework.

For JCU students studying in Australia, the administration of all professional misconduct matters will be facilitated by the Office of Student Matters. For students studying in Singapore, the administration of all professional misconduct matters will be facilitated by the Examinations and Graduation Office. Each is referred to as the ‘Professional Misconduct administration team’.

Professional Misconduct may be observed:

• on-campus in association with formal coursework; and/or
• off-campus associated with work-integrated learning, professional placements, practicums, clinical placements, fieldwork or excursions; and/or
• in professional research settings; and/or
• during any activities of the Academic Group that take place in a professional setting.

Definitions

Except as otherwise specified in this procedure, the meanings of terms used in this procedure are as per the Student Code of Conduct. Other terms used in this procedure appear in the Policy Glossary.

Introduction

Professional Misconduct as defined in the Student Code of Conduct means behaviour or conduct that:

• is outside the bounds of what is considered acceptable by the governing or accrediting body of the profession, and/or
• is of a lesser standard than what might be reasonably expected of a novice practitioner, and/or
• contravenes what is reasonably expected of a student in a clinical or professional setting.

Instances of Professional Misconduct include activities, actions and decisions in breach of professional Codes of Conduct or Professional Standards of the discipline’s governing body including:

a. Offensive/inappropriate language or poor levels of communication

b. Inappropriate dress or contravention of personal protective equipment safety requirements

c. Inappropriate or unlawful sharing of clients’/patients’ personal or private details, images or records

d. Cultivation of relationships inappropriate to the workplace

e. Inappropriate use of social media prior to, during or following professional placement

f. Lack of reliability or punctuality

g. Inappropriate use of equipment/technology

h. Creating potential health and safety risks in a workplace

i. Failure to comply with occupational requirements

j. Unlawful activity

k. Discriminating against others within the meaning of applicable anti-discrimination laws in Australia or Singapore as relevant (e.g. Commonwealth and Queensland legislation relating to age, disability, race and sex).

l. Placing the public at risk of harm because the student has acted in a way that constitutes a significant departure from professional standards and/or scope of practice

m. Attending an academic or clinical environment while intoxicated by alcohol or drugs

n. Inappropriate sexual behaviour/ activities in a professional setting or context, or

o. Engaging in behaviour which causes a placement provider to exclude the student from a professional setting

Procedure

Any person; including staff, students, members of the University community or public; may refer an instance of suspected Professional Misconduct to the respective Office (Student Matters in Australia, Examinations and Graduation in Singapore) using the Report Academic or Professional Misconduct online form, attaching evidence to support the allegations.

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.

1. Process for referring suspected Professional Misconduct

1.1 All relevant materials associated with the suspected Professional Misconduct, including the details of the allegation, will be referred to the relevant Academic Head (or College Dean in the event of a conflict) by the relevant Professional Misconduct administration team as soon as practicable.

1.2 Where the relevant Professional Misconduct administration team considers there is sufficient material and the matter would, if proven clearly be serious misconduct, then it may be referred directly to the Dean as per clause 3.

1.3 Upon receiving that allegation, the Academic Head may also consider:

a. whether precautionary measures may be sought from the Director, Student Services and Support (or Senior Director, Academic Services and Progressions in Singapore) 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); and

b. given the seriousness of the allegation (such as breaches of client/patient privacy, unlawful behaviour or significant health and safety or ethical breach) whether a Review of a Student’s Suitability to Continue a Course Involving Placement is undertaken, bypassing this procedure.

1.4 If the allegation is not referred under clause 1.3 b, the Academic Head will, within 15 working days of receiving the referral, conduct a preliminary evaluation of the allegation and determine an appropriate action based on the evidence provided.

1.5 The Academic Head will, within that 15-day period:

a. dismiss the matter if the evidence is insufficient, or the allegation(s) is deemed to be unfounded, vexatious or trivial, sending written advice of the dismissal and reasons for the dismissal to the referring person, and notifying the student if the allegations were brought to the student’s attention; or

b. if sufficient detail and evidence are available to determine that an allegation(s) progress to hearing, the Academic Head will, according to clause 3 below, proceed as follows:

i. matters which are deemed to be misconduct as specified in Table 2, Appendix 1of the Student Code of Conduct, will be considered and decided by the Academic Head; or

ii. matters considered to be serious misconduct as specified in Table1, Appendix 1 of the Student Code of Conduct, will be referred to the Dean of the College to consider and decide.

2. Support for students facing Professional Misconduct Allegations

2.1 Students facing professional misconduct allegations will be referred to the JCU Student Association Advocates for support navigating JCU complaint processes (Australia) or the Student Advisory team (Singapore), and are to be advised of the free and confidential Counselling and Wellbeing Services available.

2.2 Students will also be notified of the right to a Support Person whilst responding to misconduct processes.

3. Professional Misconduct Allegation

3.1 The Authorised Delegate (i.e. Academic Head, Dean of the College, Dean, Graduate Research and Researcher Development, or relevant Deputy Vice Chancellor) will, within 15 working days of receipt of the allegation, notify the student via the Professional Misconduct administration team in writing that an allegation of Professional Misconduct has been made against them. The student will be provided with sufficient detail, including the supply of any evidence presented, to enable them to understand the precise nature of the allegation, and to respond to it properly.

3.2 A student who receives notice of allegation(s) must respond in writing within 10 working days and will subsequently attend a hearing with the Authorised Delegate. A student may be assisted by a support person or representative (such as a JCUSA Student Advocate) to prepare a written response to the allegation(s). The student may be accompanied by a support person or representative at the hearing with the Authorised Delegate

3.4 If the student does not respond within 10 University Working Days of the notification of allegation/s, or otherwise fails to engage in the process, this does not halt the process and a hearing of the matter will proceed.

4. Professional Misconduct Hearing

4.1 In consultation with the Authorised Delegate the relevant Professional Misconduct administration team will set a date, time and location for the hearing of the allegation/s, but will not be sooner than 10 working days after the allegation has been sent, to allow sufficient time for the student to seek advice and/or support. An officer from the Professional Misconduct administration team will attend the hearing to record the discussion and outcomes.

4.2 The student will be given the opportunity to be heard by the Authorised Delegate. That opportunity may be provided in person, or by video conference, additional written submission or by other means of communication approved by the Authorised Delegate. If conducted by video conference, only the student and their Support Person or JCUSA Student Advocate may be in attendance. The Authorised Delegate may request an environmental scan to ensure this.

4.3 The Authorised Delegate considering the allegations and the student’s response will determine through a hearing whether the allegation is proven or not proven on the balance of probabilities, after considering:

a. the materials provided by the person alleging the Professional Misconduct, weighing up the sufficiency and reliability of various pieces of evidence; and

b. any oral and/or written testimony provided by the student or other evidence relevant to the allegation.

5. Notice of Hearing Decision

5.1 Within 10 working days of the hearing date, the Authorised Delegate will notify the student of the determination via the Professional Misconduct administration team and, if the decision is that Professional Misconduct was proven, the penalty applied.

5.2 The outcome letter must contain detail of the considerations made in determining the matter, reasons for the decision, and information about the students’ rights of appeal. The outcome must also be communicated by the Professional Misconduct administration team as appropriate to the relevant College and/or to staff in Student Services and Support for any record-keeping or other actions required. The Director, Student Services and Support or Senior Director, Academic Services and Progressions (Singapore), and Academic Head are responsible for ensuring that administrative actions triggered by the decision are undertaken.

5.3 Where any allegation of Professional Misconduct has been proven, in addition to any penalty imposed, the student must be offered professional skills coaching by the Academic Head or College Dean to reinforce the importance of maintaining professional integrity, including advice on the possible consequences of any further Professional Misconduct.

5.4 Where instances of a second or repeat offences of Professional Misconduct are proven, the Authorised Delegate may apply a serious penalty/ies as specified in the Student Code of Conduct, Appendix 1.

6. Notification requirements and consequential actions

6.1 Where allegations of Professional Misconduct have been proven, notification may be required to professional or regulatory authorities (eg Australian Health Practitioner Regulation Agency (APHRA), Office of the Health Ombudsman, Queensland Teachers College etc), or to Placement Partners where breaches of misconduct are a notification requirement within contracts or deeds (eg Queensland Health Overarching Student Placement Deed), as determined by the Dean.

6.2 The Review of Suitability to Continue a Course Involving Placement Policy may also be engaged, as determined by the Dean.

7. Internal Appeal

7.1 A Student may appeal any determination made by an Authorised Delegate 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 studying at an Australian campus may appeal a decision of the University to:

a. the Queensland Ombudsman. The Ombudsman focuses on issues 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). The NSO 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.

8.2 Students studying at the Singapore campus can appeal a decision of the University via the Singapore Government’s SkillsFuture Singapore (SSG) dispute resolution service. The student may approach SkillsFuture Singapore for help. Note: after reviewing a complaint, SkillsFuture Singapore may refer students to the SSG Mediation – Arbitration Scheme and there may be additional costs to use this scheme.

9. Record keeping

9.1 All misconduct related matters will be documented, consistent with University records policies. Notes and documentation must be kept at all stages of the misconduct process including records of hearings, discussions, and precautionary actions 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 and confidential file in line with University policy.

9.3  Where an allegation of Professional Misconduct against the student is proven, the outcome letter, including details of the type of Professional Misconduct and the penalty imposed, shall be recorded on the Student Management System.

10. 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 Authorised Delegate.

10.2 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, or a duty to report under legislation).

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

Related policy instruments

Student Code of Conduct

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

Social Media Policy

Digital Technologies Acceptable Use Procedure

Student Complaints Policy and Procedures

Gender-based Violence and Sexual Misconduct Policy and Procedures

Student Review and Appeal Policy

Student Academic Misconduct Procedure

Student General Misconduct Procedure

Schedules/appendices

Nil

Administration

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

Approval Details

Revision History