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Student Conduct policy and Procedures - effective to 18 February 2018
Effective to 18 February 2018, from 19 February 2018 refer to Student Code of Conduct
Policy and Procedures
General guidelines for conduct
1. Students must not engage in any conduct that:
1.1 impairs the reasonable freedom of other persons to pursue their studies, research, duties or lawful activities in the University or to participate in the life of the University; or
1.2 is otherwise detrimental to the operation of the University or causes damage to University property, or the environment or ecology on University property; or
1.3 contravenes federal, state or local law; or
1.4 is otherwise deemed to be inappropriate.
2. Inappropriate conduct includes, but is not limited to:
2.1 disrupting any teaching, study, assessment or research activities or the administration of the University;
2.2 obstructing any officer or employee of the University in the performance of his or her duties;
2.3 damaging or wrongfully dealing with any property, including intellectual property, which is:
(a) under the control of the University; and/or
(b) on University premises; and/or
(c) on a location where a student is present under the auspices of the University;
2.4 wrongful or inappropriate use of University Computing and Communication Facilities as outlined under the ICT Acceptable Use Policy.
2.5 wrongful or inappropriate use of University Library Facilities as outlined under the
2.6 without lawful excuse, disobeying or failing to comply with any Regulatory Provision;
2.7 without lawful excuse, disobeying any lawful instruction of an officer or employee of the University, including failing to leave any building or part of a building when directed to do so;
2.8 knowingly withholding relevant information or furnishing false or misleading information for purposes connected with academic progression or enrolment or proposed enrolment as a student, whether such withholding or furnishing of information takes place before or after the person becomes a student of the University;
2.9 threatening, intimidating or disorderly behaviour;
2.10 endangering the health or safety of a person;
2.11 verbal abuse or physical or sexual assault or any harassment as outlined in the Harassment Policy;
2.12 compromising the privacy of an individual;
2.13 compromising the confidentiality of information;
2.14 failing to comply with any restriction, requirement or condition which has been imposed on the student pursuant to one or more of Sections 1.3.2, 1.3.3, 3.1, 8d, 8e, 8f or 8g of the ‘Student Conduct Policy - Procedure: Allegations of Inappropriate Conduct’.
Referral of allegations of inappropriate conduct
3. Any officer, student or member of the University community or public may immediately refer an instance of suspected inappropriate conduct to the police or other relevant emergency service where circumstances warrant.
3.1 In the first instance, allegations of inappropriate conduct on the part of a student received by the University shall normally be drawn to the attention of the relevant College Dean or, for conduct on the part of student residents taking place within the boundaries or proximity of the JCU Halls of Residence, other University-managed or associated student residences or Affiliated Colleges, to the Manager/Head of Affiliated College for appropriate action.
3.2 Allegations of inappropriate conduct on the part of a student that fall within the parameters of:
- the ICT Acceptable Use Policy.
- the Library Use Policy
- shall also be referred to officers of the University as designated by these policies and shall be dealt with in accordance with these policies.
3.3 All other allegations of inappropriate conduct received by the University shall be lodged with the Director, Student Services, to be dealt with in accordance with the Procedure for Allegations of Inappropriate Conduct.
Referral of allegations of inappropriate conduct
1. In the first instance, allegations of inappropriate conduct on the part of a student received by the University shall normally be drawn to the attention of the relevant College Dean. An allegation of inappropriate conduct on the part of a student that falls within the parameters of the:
will be dealt with under that policy. Allegations of inappropriate conduct on the part of student residents taking place within the boundaries or proximity of the JCU Halls of Residence, other University-managed or associated student residences or Affiliated Colleges, shall be referred to the Manager / Head of College for appropriate action in accordance with Hall/College procedures. All other allegations of inappropriate conduct on the part of a student will be referred to the Director, Student Services, who will conduct a preliminary evaluation of the allegation in consultation with the Deputy-Vice-Chancellor of the relevant Division, or the Deputy-Vice-Chancellor’s nominee. The Director, Student Services may:
1.1 Dismiss the matter if the allegation is deemed to be unfounded or trivial, and send written advice of the dismissal and reasons for the dismissal to the complainant or referring officer; or
1.2 Refer all or part of the matter to the relevant College Dean or other responsible officer for appropriate action; and/or
1.3 Refer the matter for hearing by a Student Discipline Committee; and/may
1.3.1 Where appropriate, refer the matter to the police or other relevant external authority, and/or
1.3.2 Impose particular requirements as a condition of the student’s continued attendance at University under clause 3; and/or
1.3.3 Suspend the student under clause 3.
Notification of a hearing
2. If the matter is referred to a Student Discipline Committee under sub-clause 1.3, the Director, Student Services will:
2.1 Notify the student in writing of the allegation, in sufficient detail to enable the student to understand the precise nature of the allegation, and to properly respond to it;
2.2 Notify the student in writing of their rights in the hearing process, as listed under Clause 5.
2.3 Where no suspension, restriction or conditions have been imposed, the hearing must begin as soon as practicable but only after a reasonable time has been allowed for the student and/or complainant to prepare representations and submissions that the student and/or complainant are entitled to under clauses 5 and 5.1.
Suspension, restrictions or conditions placed on enrolment
3. The Director, Student Services, may suspend the student, or place restrictions or conditions on enrolment, if the circumstances of the alleged act of inappropriate conduct are deemed to be such that such action is necessary in order for the University to discharge its duty of care to its students, staff or placement agencies.
3.1 The student may be suspended from the University and its precincts; or any part of the University; or any course and/or subject, or restrictions or conditions placed on the student's enrolment; until the matter is finalised by the Student Discipline Committee.
3.2 If the student is suspended, or restrictions or conditions placed on enrolment, the Director, Student Services will notify the student in writing, stating the reason/s for the suspension, restriction or conditions, and invite the student to respond without prejudice within 10 working days.
3.3 When a student has been suspended, or restrictions or conditions placed on enrolment, under this clause, the hearing of the student's case by the Student Discipline Committee must begin as soon as possible, and within 20 working days of the student being suspended or restrictions or conditions placed on the student's enrolment.
3.4 The suspension of a student under clause 3 may be revoked by the Vice-Chancellor or the Director, Student Services, at any time prior to the matter being finalised by the Student Discipline Committee.
4. The proceedings of any allegation and hearing by the Director, Student Services or the Student Discipline Committee shall be treated as confidential and in the strictest privacy.
Rights of a student during allegation proceedings
5. When an allegation of inappropriate conduct is to be heard by the Student Discipline Committee, the student concerned:
a. shall be notified of the terms of reference and powers of the Student Discipline Committee;
b. shall be entitled to make representations, either orally or in writing or both;
c. shall be entitled to give and call evidence; and
d. may be assisted by a support person, but the support person shall take no part in the proceedings, except at the express invitation of the Chair of the Student Discipline Committee.
e. legal representation would not normally be allowed, but may at the sole discretion of the Student Discipline Committee be allowed where the Committee believes there are special circumstances that justify such representation.
5.1 The Director, Student Services will advise both the student and the complainant in writing that interested parties may tender a written submission regarding the matter to the Chair of the Student Discipline Committee. The deadline for such submissions shall be three working days prior to the hearing.
Student Discipline Committee membership
6. The Student Discipline Committee shall be comprised of:
a. the Deputy Vice Chancellor, Student who will chair the committee;
b. the Chair of the Academic Board;
c. a member of the James Cook University Student Association Support Services appointed by a Director of the James Cook University Student Association;
6.1 People who have an involvement in the initial allegation may not serve as members of the Student Discipline Committee;
6.2 Where the members in (a) and (b) are of the same gender, the person appointed in (c) should as far as practicable be of the other gender.
Student Discipline Committee terms of reference and procedures
7. The Chair of the Student Discipline Committee shall:
7.1 Convene a meeting of members of the committee to formulate questions to be asked in the formal hearing process.
7.2 Schedule interviews between the committee and the student and also schedule any interviews, deemed necessary by the Chair, with the authors of any submitted documents. Where possible interviews will be in person, but telephone or video conferencing may be utilised.
7.3 Convene a hearing in which the committee will interview the student, should the student choose to attend, focusing on the allegation.
Student Discipline Committee powers
8. The Student Discipline Committee powers shall include the power to:
a. dismiss the case; or
b. suggest the student transfer to another course of study, if such a transfer is approved by the Deputy Vice-Chancellor to which the student will transfer; and/or;
c. recommend the Vice-Chancellor refer the case to the University’s legal representatives for legal action; and/or
d. suspend the student from the University for a defined period; or
e. exclude the student from enrolment in a particular subject and/or course(s) permanently or for a defined period; or
f. exclude the student from the University permanently or for a defined period; or
g. impose such other penalty as is deemed appropriate.
8.1 In hearing a case, the Student Discipline Committee may seek guidance from legal counsel on the appropriate standard of persuasion and appropriate sentencing.
Notification of a decision of the Student Discipline Committee
9. As soon as is reasonably possible after a decision has been made by the Student Discipline Committee, the Director, Student Services, shall notify the student in writing of the decision, referring them to the terms of the Student Conduct Policy.
Appeal against a decision of the Student Discipline Committee
10. A student against whom a finding of inappropriate conduct has been made has no right of appeal on the merits of the finding; but may appeal to the Council on the basis that the student was not afforded procedural fairness in the processes leading up to the finding. Notice of any such appeal must be given in writing to the Director, Student Services within 20 working days after the date of notification to the student of the finding.
11. On receiving an appeal against a decision of the Student Discipline Committee on the grounds that the student was not afforded procedural fairness, the Chancellor, on behalf of the Council, shall appoint the Disciplinary Appeals Committee, to be comprised of:
a. the Vice Chancellor (Chair);
b. a member of Academic Board who is a member of the staff of the University, nominated by the Chair of the Academic Board;
c. President of the James Cook University Student Association, or nominee; and
d. two members of the Council appointed by the Chancellor from a panel of members of the Council appointed for the purpose of serving on the Disciplinary Appeals Committee.
11.1 Where the members in (a), (b) and (c) are all of the same gender, the two members of Council appointed by the Chancellor should, as far as practicable, be of the other gender.
11.2 None of the members of a Student Discipline Committee may serve on the Disciplinary Appeals Committee for the same matter.
12. The appeal process must commence within 10 working days of lodgement of the appeal with the Director, Student Services.
Disciplinary Appeals Committee terms of reference and powers
13. Any appeal to the Disciplinary Appeals Committee shall be limited to investigating whether the student was afforded procedural fairness by the Student Discipline Committee in hearing the allegation of inappropriate conduct.
13.1 The Disciplinary Appeals Committee may:
a. Confirm the decision;
b. Refer the matter back to the Student Discipline Committee for reconsideration after drawing attention to any procedural irregularity;
13.2 The decision of the Disciplinary Appeals Committee shall be final.
Notification of a decision of the Disciplinary Appeals Committee
14. The decision of the Disciplinary Appeals Committee shall be immediately communicated to the Director, Student Services, who shall, within 7 working days of receiving this communication, notify the student and the relevant Deputy Vice-Chancellor of the decision in writing.
NOTE: Printed copies of this policy are uncontrolled, and currency can only be assured at the time of printing.
Deputy Vice Chancellor (Students)
Date for next review:
Approval date - the date the approval authority approved the establishment, minor or major amendment or disestablishment
Implementation Date - the date the policy was published in the Policy Library and is the date the policy takes effect
Changes made to reflect headline restructure 30/04/2018.
|Quality, Standards and Policy|
Minor amendments: 1. Alignment with Council approved Academic and Student Delegations Register; 2. Clause 11. b. amended to ensure a Council member is represented on the Disciplinary Appeals Committee.
Associate Director, Enrolment and Client Services
Minor amendment - reference to Conditions for Use of University Computing and Communication Facilities replaced with: ICT Acceptable Use Policy.
Quality, Standards and Policy Officer
Policy sponsor and approval authority amended to reflect approved policy framework
Roles changed to reflect new organisation structure
Amendments to clauses 5.1, 6b, 6c and 7.3.
Change of approval authority only from Council to Vice Chancellor
Interim policy approved by Chancellor on 13/11/2003 and ratified by University Council on 04/12/2003.
conduct, behaviour, discipline
There are no related procedures.
There are no other related documents.