Student Code of Conduct

Policy Student Services Student Code of Conduct

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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

Misconduct

Means any conduct which is prohibited under this code of conduct or under any University regulation and includes proposed misconduct. This includes but is not limited to:

  • any unwanted or unwelcome sexual behaviour, which   makes a person feel offended, humiliated or intimidated, this may be either   physical or psychological;
  • removal, theft, intentional damage, tempering,   vandalism, illegal use of, any inappropriate use of, or restriction of access   to James Cook University property or equipment;
  • non-physical systematic behaviour used to harm   other students or staff, this may include bullying, hazing, threats, verbal   abuse or other forms of psychological or emotional abuse, racially motivated   abuse; and
  • acts of violence to other staff or students that   cause physical pain or impairment.

Academic Misconduct

Where a student attempts or succeeds in obtaining unfair academic advantage through misrepresentation, plagiarising, colluding, falsification, cheating, use of social relationships with academic staff or any other breach of academic integrity for their own gain or the benefit of others.

Refer to the Student Academic Misconduct Requirements Policy

Professional Misconduct

Behaviour or actions that a student adopts which are outside the bounds of what is considered acceptable by the governing body of the profession. This may include communication, punctuality, deportment, relationships or other activities.

Research Misconduct

Is defined as fabrication, falsification, or plagiarism in proposing, performing, or reviewing research, or in reporting research results. This can be attributed to both individuals and groups of researchers, however, it does not include honest errors or differences of opinion.

Refer to the Code for Responsible Conduct of Research applicable to staff and students

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

Policy Sponsor

Deputy Vice Chancellor Academic

Approval Authority

Academic Board

Date for next Major Review (in accordance with the Policy Handbook)

06 November 2020

Revision History

Version

Approval date

Implementation date

Details

Author

17-1

06/11/2017

10/11/2017

Major review of policy to clarify University’s expectations on appropriate personal, professional and academic conduct.

Chief of Staff

Appendix 1.         Student misconduct penalty level description

Applies to on-campus and off-campus activities such as learning, research, workplace or clinical placements, fieldwork or other practicum and the online environment, whether in class or out-of-hours and in any social activity that may impact on the University.

Misconduct penalties                                                                                                            

Level 1 Minor

Naïve, inexperience, inadvertent, unaware, not deliberate, poor judgement, extenuating circumstances, first offence, careless, casual or early in academic training. The student is apologetic and the evidence is speculative.

This offence brings limited or no advantage to the student or is not of a significant nature

Level 2 Moderate

Deliberate but not significant, early stages of academic training, small-volume, second offence, may have cultural or language challenges. Despite the deliberate nature and compelling evidence student is remorseful.

This offence would advantage student and constitutes a breach of either academic integrity or the Code of Conduct.

Level 3 Serious

Wilful, serious breach of integrity, systematic misconduct, multiple offences, later in an academic course, undertaking postgraduate studies or HDR. Irrefutable evidence.

This offence constitutes a significant breach of academic integrity, the Code of Conduct or other University Policy and could pose reputational or legal risk factors to the University. Behaviour may be criminal.

Appendix 2.         Academic misconduct penalties

The table below provides examples of academic misconduct, the nature of misconduct and indicative penalties. Authorised delegates should use these tables as a guide in determining penalties for academic misconduct, and refer to the following policies:

  • Copyright
  • Privacy
  • Academic Misconduct Requirements Policy

Misconduct

Considerations

Consequence

Level 1 Minor

Level 2 Moderate

Level 3 Serious

Plagiarism, including:

  • self-plagiarism
  • resubmitting previously   assessed work
  • cheating - copying from   others

Naïve/ first offence

Inadvertent

Lack of understanding

Casual glance

Passing of notes

Poor paraphrasing

Deliberate with wilful intent

Systematic

Significant volume

In the final stages of course

Second/multiple offence

  • Warning letter to student
  • Refer student to learning   development
  • Resubmit assessment item or   sup exam
  • Provide additional material
  • Impose % mark penalty
  • Submission of alternative   assessment item
  • Pass grade only
  • Determine if the academic   misconduct is to be recorded on the academic transcript
  • Additional assessment item   such as an essay on plagiarism
  • Hurdle requirements for assessment (e.g. safe assignment reports,   greater supervisor scrutiny)
  • no marks for an assessment task
  • fail grade for the subject
  • suspension from the subject
  • withholding of results until additional assessment items are completed
  • hurdle requirements as deemed necessary
  • academic misconduct recorded on academic transcript
  • fail subject
  • suspension from the subject
  • suspension from the course
  • expulsion from the University
  • withholding of results for a defined period
  • serious academic misconduct recorded on academic transcript
  • Rescission of award by the University Council
  • Notify professional or legal authorities

Falsification or fabrication of data, including:

  • altering or falsification of   official documents such as medical certificates or other supporting   documentation
  • fraud

Creation of spurious data

Modifying test results

Misrepresentation of data

Status of the document, e.g. legal documents

Sabotage/damage to academic or research material

Inadvertent/accidental

Careless/un-professional

Deliberate with wilful intent

Accessing restricted assessment related material

Obtained unintentionally

Obtained from third-party

Wilful breach of security

Cheating - unauthorised materials

(cell phone, programmable calculator, smartwatch, study notes, inappropriate reference material such as statutes or formulas etc)

Accidental (e.g. cell phone turned off)

Lack of understanding

Inadvertent

Deliberate assessment related

Sophisticated/technological

Academic fraud- impersonation, false representation

Tampering with ID

Commissioning an impersonator

Academic collusion on individual assessment tasks  or in examinations

Inadvertent/misunderstanding

Sharing material

Deliberate with wilful intent

Purchasing, on-selling, commissioning or exchanging assessment items

Significance of the assessment item

Non-compliance of ethics approval/requirements

Inadvertent misunderstanding

Deliberate with wilful intent

Level of contribution to the research

Improper use of University equipment or facilities

Inadvertent/misunderstanding

Deliberate with wilful intent

Failure to comply with penalties imposed

Significance of non-compliance

Appendix 3.         Personal misconduct penalties

The table below provides examples of personal misconduct, the nature of misconduct and indicative penalties. Authorised delegates should use these tables as a guide in determining penalties for misconduct, and refer to the following policies:

  • Discrimination, Bullying and Sexual Harassment Policy
  • Workplace Bullying Policy
  • ICT Acceptable Use Policy
  • Social Media Policy
  • Student’s Suitability to Continue a Course Involving Placement Policy

Misconduct

Considerations

Consequence

Level 1 Minor

Level 2 Moderate

Level 3 Serious

Impairs freedom to study

Naïve/ first offence

Inadvertent

Lack of understanding

Deliberate with wilful intent

Significant impact on others

Interfering with class delivery or other students learning experiences

Second/multiple offence

  • Caution or other   precautionary measure
  • Reprimand
  • Warning letter to student
  • Refer student to counselling
  • Student may be required to   undertake activities designed improve their behaviour
  • Suspension for a defined   period
  • Restrictions to undertake   certain activities on campus or placements
  • Restrictions on access to campus   and campus services (including library, ICT, study facilities)

  • Removed from learning environment, potentially   by security
  • Potential loss of privileges   such as email or access to JCU Learn
  • Suspension for a defined   period
  • Exclusion or restrictions to   undertake certain activities on campus or placements for a defined period
  • Restrictions on access to   campus and campus services (including library, ICT, study facilities)
  • Make restitution where practical or pay damages
  • Make restitution financially
  • Suspension from the subject
  • Suspension from the course
  • Cancellation of enrolment
  • Expulsion from the University
  • Withholding of results for a   defined period
  • Restrictions to activities as   deemed necessary
  • Notify professional or legal   authorities
  • Criminal prosecution
  • Remediation action strategy to be undertaken

Contravention of student policies

Significance of the breach contravention

Sabotage/damage to University property

Inadvertent/accidental

Careless/un-professional

Deliberate with wilful intent

Withholds or falsifies official documents such as medical certificates or other supporting documentation

Status of the document

Fraud/legal documents

Psychological violence or harassment

Mild first offence

Serious

Multiple offences of deliberate nature

Physical violence

Accidental

Intentional not severe

Intentional severe

Verbal abuse or inappropriate language

Mild first offence

Is considered discriminatory or offensive, denigrates, excludes, isolates or humiliates

Multiple offences, unprofessional

Disruption of University activities

Naïve

Deliberate-low-impact

Deliberate-high impact which is threatening or violent

Systemic

Divulging confidential personal information (physically or through social media)

Naïve

Deliberate-low-impact

Deliberate-high impact

Systemic

Failure to follow reasonable and lawful instructions by university staff

Inadvertent/ misunderstanding

Deliberate with wilful intent causing serious disruption

Use of illicit substances on University property

First offence

Multiple offences

Access to restricted areas of the University

Inadvertent/ misunderstanding

Deliberate with wilful intent

Level of benefit derived

Improper use of University equipment or facilities

Inadvertent/misunderstanding

Ignores safety guidelines in using University facilities and equipment

Deliberate with wilful intent

Failure to comply with penalties imposed

Significance of non-compliance

Appendix 4.         Professional misconduct penalties

The table below provides examples of professional misconduct, the nature of misconduct and indicative penalties. Professional conduct may be observed on campus in association with formal coursework, and/or off-campus associated with work integrated learning, professional placements, fieldwork or excursions, or any other activities associated with the discipline in a professional setting. Authorised delegates should use these tables as a guide in determining penalties for professional misconduct, and refer to the following policies:

  • Social Media Policy
  • Student’s Suitability to Continue a Course Involving Placement Policy

Misconduct

Considerations

Consequence

Level 1 Minor

Level 2 Moderate

Level 3 Serious

Behaving inappropriately or

Behaviour contrary to professional standards:

Naïve

Misunderstanding

Poor induction

Misinformation given

Contrary protocols

First offence

Patterned behaviour

Deliberate-low-impact

Deliberate-high impact

Multiple offences

Systemic

  • Caution or other   precautionary measure
  • Reprimand
  • Warning letter to student
  • Refer student to counselling
  • Student may be required to   undertake activities designed improve their behaviour
  • Suspension for a defined   period
  • Restrictions to undertake   certain activities on campus or placements
  • Restrictions on access to   campus and campus services (including library, ICT, study facilities)

  • Removed from learning environment, potentially   by security
  • Potential loss of privileges   such as email or access to JCU Learn
  • Suspension for a defined   period
  • Exclusion or restrictions to   undertake certain activities on campus or placements for a defined period
  • Restrictions on access to   campus and campus services (including library, ICT, study facilities)
  • Make restitution where practical or pay damages
  • Make restitution financially
  • Suspension from the subject
  • Suspension from the course
  • Cancellation of enrolment
  • Expulsion from the University
  • Withholding of results for a   defined period
  • Restrictions to activities as   deemed necessary
  • Notify professional or legal   authorities
  • Criminal prosecution
  • Remediation action strategy to be undertaken

Offensive/inappropriate language

Inappropriate dress code or contravention of safety requirements

Sharing personal and private details of clients

Cultivation of relationships inappropriate to the workplace

Inappropriate use of social media whilst on professional placement

Lack of reliability or punctuality

Inappropriate use of equipment/technology

Creating risk for professional clients

Creating potential health and safety risks in a workplace

Failure to comply with occupational requirements

Discriminating against others on the basis of race, religion, appearance or social standing whilst on professional placement

Breaches of the law

Bringing the profession into disrepute

Contravention of JCU student policies whilst on professional placement or other WIL activities

Significance of the breach

Activities in breach of either personal or academic codes of conduct whilst on professional placement

Significance of the breach (see procedures and protocols for personal and academic misconduct)