This policy will be in effect from 19 February 2018

Intent

This Student Code of Conduct provides a clear statement of the University’s expectations of students in respect of academic, personal and professional behaviour. This Code provides a structure for the development and management of student conduct in order to promote high levels of professional behaviour and ethical standards within the University and to resolve breaches of the Student Code of Conduct fairly, promptly and efficiently.

Principles

Students studying at James Cook University are expected to:

• allow others to pursue their studies, research, duties, community engagement and other lawful University activities, in an environment of intellectual freedom, critical and open  inquiry and social responsibility;

• act in a manner where tolerance, honesty, inclusivity and respect are the basis of the University learning community;
• uphold high academic standards, intellectual rigour and ethical behaviour to maintain the University’s  academic integrity;
• act in a reasonable and sustainable manner to ensure that University facilities, property and services are used appropriately and available to other students to share and utilise and which minimises environmental impact; and
• ensure that the reputation of the University is upheld.

Scope

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 and staff, affiliates, volunteers, contractors or visitors.

Definitions

Obligations and Expectations

Obligation of personal responsibility

Students will:

• read and comply with their admission conditions and the University's policies, procedures and ethical requirements;
• read and comply with their subject and course requirements (including their Student Contract);
• take responsibility for their own education and direct their own learning;
• monitor their academic progress;
• act with professional integrity when undertaking placement and other industry placement and/or engagement activities associated with their course;
• raise issues or concerns with the University in a timely manner; and
• take responsibility for seeking support and/or assistance from JCU academics and / or support services when required

Obligation to act with honesty and integrity

Students will:

• uphold academic integrity;
• uphold research integrity;
• conduct themselves appropriately when representing the University within the community;
• abide by relevant ethical requirements;
• share responsibility for the success of the University and take a proactive role in its endeavours and activities;
• not do anything which may bring the University into disrepute including by making or publishing false or misleading statements relating to the University;
• avoid using the University's name,  intellectual property, crest or resources for private or business purposes without appropriate authorisation;
• not engage in fraudulent or corrupt behaviour, including the impersonation of another person or use of forged, false, falsified or incomplete evidence of academic standing or immigration status or any other relevant matter in order to gain or maintain admission; and
• declare conflict of interest matters or a matter which has the potential to influence decisions in their interest, or declare a matter which could be perceived to influence decisions in their interest;
• report a breach of the Code if they reasonably believe that they have observed a breach; and
• not engage in unlawful behaviour.

Obligation of respect and fairness

Students will:

• treat other students, staff, affiliates and volunteers with respect and fairness;
• avoid discriminatory conduct on grounds such as gender, sexuality, race, ability, cultural and social background, religion, age or political conviction;
• be responsible for what they write and disseminate through all forms of social media maintaining respect for their audience and respect for copyright;
• not engage in conduct which may objectively be considered as harassment or bullying, or which is otherwise disruptive or intimidating;
• respect the privacy of others in the collection, use or access of personal information whilst undertaking studies;
• not disclose information identified as confidential concerning any matter relating to the University;
• avoid disrupting or interfering with any teaching, learning, research or other academic activity of the University;
• consider their responsibilities and the consequences of their actions when exercising their freedom of expression;
• support legitimate academic debate;
• not impair the rights of others to participate in any legitimate University activity; and
• not encourage, persuade or incite others to engage in conduct or behaviour constituting misconduct in accordance with University policies and procedures.

Obligation to ensure safety and to respect property

Students will:

• not endanger, or potentially endanger, the safety or health of others;
• not cause harm to others, including students and staff, whilst on University premises or University authorised activities;
• conform to the University’s requirements for working with humans, animals and biohazards;
• not participate in any education or research activity conducted by the University (including placements and field trips) or authorised to be held on any University premises while under the influence of alcohol or any prohibited substance;
• not use, possess or supply a prohibited weapon or any prohibited substance at University premises;
• use University property or resources, including communication technology resources, cooperatively, legally, ethically responsibly and appropriately;
• respect the property rights of others, including students and staff, whilst on University premises; and
• comply with any reasonable request or directions from University staff with regard to safety or compliance with policy, procedure or ethical requirements, or to provide name or age or show proof of identity or age or student identity card

Compliance with the Student Code of Conduct

The University is committed to providing students with access to education and training in relation to the requirements of this Code. Where uncertain about the Code’s application or interpretation, students should consult with their Head of Discipline or College Dean (or higher authority if appropriate).

Failure to comply with the Code may lead to disciplinary action, and in serious cases may lead to termination of Admission or Candidature and/or criminal prosecution.

Breaches of the Code of Conduct

Students are expected to uphold the Student Code of Conduct or they will be subject to relevant policy and procedures for breaches of the Code. Where a breach of the University’s policies and procedures also breaches the law, JCU may also report the criminal activity to the police.

JCU has a duty of care to ensure a safe learning environment for all members of the University community and is obliged to take immediate action where a student’s behaviour is inappropriate. Authorised persons can arrange for the immediate removal of students causing disturbances that hinder or interfere with any lawful activities conducted on the University grounds, or which disrupt any teaching activity, examination or official meeting of the University.

JCU reserves the right to administer the relevant policy or procedure and proceed with the investigation/inquiry even if the student withdraws from the University, is no longer enrolled, or subsequently fails to meet the definition of a student while a disciplinary matter is pending.

Management of Misconduct

All breaches of the Student Code of Conduct will be identified, reported and resolved according to the respective policy or procedures for personal, professional or academic misconduct (e.g. Social Media Policy, Discrimination, Bullying and Harassment Policy, ICT Acceptable Use Policy, Library Use Policy amongst others)

The University’s Behaviour Risk Group may also provide early intervention, assessment, and management advice to relevant decision makers regarding matters relating to inappropriate, concerning, or threatening behaviours. Where evidence of misconduct is found, the student will be referred to the appropriate Officer for decision under the requisite conduct policies; and/or to an external organisation or agency.

Penalties

For each breach of the Student Code of Conduct indicative penalties will be provided for the consideration of decision makers, however, the discretion of decision makers with respect to penalty remains unfettered, in most cases this will be determined by an individual Delegate. The misconduct penalty level description is at Appendix 1. Indicative penalties for misconduct in academic, personal and professional behaviours are identified at Appendix 2, 3 and 4 respectively.

Appeals

Where a student has identified appropriate grounds for an appeal in terms of procedural fairness, an appeals committee will be constituted in accordance with the Academic Misconduct Requirements Policy.

Decision making

Matters relating to student conduct will be determined by the appropriate Delegation as defined in the Academic and Student Delegations Register, where the Delegation is conflicted the ‘one up rule’ will be applied.

Timeframes

All allegations of breaches of the Student Code of Conduct will be managed under the Student Misconduct Procedure which includes timeframes for allegations, response by student, notification of decision by Delegate, and appeal processes.

Confidentiality

Matters relating to allegations and hearings associated with breaches of the Student Code of Conduct will be treated as confidential in the strictest privacy as applicable noting the University may have notification obligations to external agencies. Outcomes of appeal hearings will be recorded on the academic record of the student and held confidentially on file in the Student Management System.

Where students are required to meet professional requirements, only the outcomes of relevant breaches to the Student Code of Conduct will be reported to official bodies (such as the Australian Health Practitioner Regulation Agency (AHPRA). If breaches of the Student Code of Conduct are also breaches of the law, JCU may also report the criminal activity to the police.

Related policy instruments

Student Misconduct Procedure (TBI – currently the Student Conduct policy)

Academic Misconduct Procedure (TBI – on review of the Academic Misconduct Requirements Policy)

Professional Misconduct Procedure (TBI)

In addition:

Risk Management Policy

Incident Management Policy

Health, Safety and Environment Policy

Compliance Policy

HDR Code of Conduct

Student Complaints Management Policy and Procedures

Acceptable Use of ICT Policy

Library Use Policy

Discrimination, Bullying and Harassment Policy

Social Media Policy

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

Learning, Teaching and Assessment Policy

JCU Reconciliation Action Plan

Related documents and legislation

The listing below is not meant to be exhaustive and contains key legislation and standards as updated from time to time:

Work Health and Safety Act

Fire and Emergency Services Act

Police Powers and Responsibilities Act

Security Providers Act

Administration

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

Approval Details

Revision History