Part 1
General |
| 1. | |
Title |
| |
These are the Student Discipline Regulations
2014. |
| 2. | |
Purpose |
| | The purpose of these regulations is
to |
| | (a) | | define student misconduct |
| | (b) | | explain procedures for making, investigating
and resolving complaints of student misconduct, and |
| | (c) | | set out the penalties that may be
applied where misconduct by a student is substantiated. |
| 3. | |
Date of effect |
| |
These regulations are effective from
4 March 2014. |
| 4. | |
Definitions |
| | In these regulations |
| | chief examiner means the
person appointed by the relevant Dean as the chief examiner for
the paper concerned (the names of the chief examiners are available
from the Head of Student and Academic Services) and includes any
other person appointed by the Dean as an alternate chief examiner
for the sole purpose of exercising summary jurisdiction under these
regulations |
| | class means
a lecture, tutorial, laboratory, workshop, practical session, practicum, placement,
field trip or any other type of learning activity delivered or supervised
by a staff member |
| | hall of residence means
Bryant Hall, College Hall, Orchard Park or Student Village |
| | internal assessment means the portion
of the assessment for a paper that is assigned, supervised and marked
internally within the relevant department; it may include assignments,
practical work, work in tutorials, seminars, written or oral tests,
recitals, performances or attendance requirements |
| | natural justice means the right to
have a decision made by an unbiased decision-maker who observes
fair and impartial procedures |
| | student means
a student enrolled at the University of Waikato |
| | summary jurisdiction means
a process for dealing with a complaint of misconduct, where a
designated person has authority, individually, to obtain and hear
evidence, arrive at a judgement and, within the terms of that authority
as defined in these regulations, impose a penalty |
| | University means
the University of Waikato. |
| 5. | |
Application |
| | (1) | | These regulations apply to the conduct
of students while they are enrolled as students. |
| | (2) | | These regulations apply to the conduct
of students |
| | (a) | | on any property or in any
facility owned or managed by the University |
| | (b) | | in the context of a University activity |
| | (c) | | where the conduct is related directly
to the student's status as a student, or |
| | (d) | | where the conduct has the potential
to harm unfairly the reputation of the University. |
| | (3) | | For the purpose of these regulations,
the period during which a student is deemed to be enrolled as a
student is defined as the period in a given year from (inclusively)
the Monday of the start week of the paper in the student's programme
of study that starts earliest in that year, to the Sunday of the
end week of the paper that ends last. |
| | (4) | | 'Start week' and 'end week' in subsection
(3) are defined for Student Loans and Allowances purposes. |
| | (5) | | The processes for dealing with complaints
of misconduct may extend beyond the period defined in subsection
(3). |
Part 2
Misconduct |
| 6. | |
Definition of misconduct |
| | A student commits misconduct if he or she |
| | (a) | | commits a serious breach
of the obligation, shared by staff and other members of the University
community, to act towards others reasonably, courteously, considerately
and with good faith |
| | (b) | | behaves in a manner that significantly
impedes or subverts the efficient functioning of the University
in accordance with its statutory role |
| | (c) | | behaves in a manner that discredits
the University |
| | (d) | | breaches any regulation published
in the University of Waikato Calendar |
| | (e) | | fails to comply with any reasonable
and lawful policy or instruction approved and notified by the Vice-Chancellor,
Council, Academic Board, or delegated authority of the Vice-Chancellor,
Council or Academic Board |
| | (f) | | uses University property, resources
or funds for other than authorised purposes |
| | (g) | | incurs liability on the part of the
University without authorisation |
| | (h) | | behaves in a manner that is likely
to harm unfairly the reputation or professional prospects of another
student or a member of staff |
| | (i) | | behaves in a manner that jeopardises
the health or safety of another person |
| | (j) | | knowingly misleads the University
in any significant matter |
| | (k) | | encourages, assists, or procures a
person to commit misconduct. |
| 7. | |
Discrimination and harassment |
| | (1) | | The University of Waikato
is committed to providing a work and study environment that is free
from discrimination and harassment. |
| | (2) | | A complainant may choose to have discrimination
or harassment treated as a formal complaint of misconduct under
these regulations. |
| | (3) | | Discrimination means conduct that
results, or is likely to result, in less favourable treatment, or
creates, or is likely to create, a less favourable environment,
for a person or group of people on any of the prohibited grounds
set out in section 21 of the Human Rights Act 1993. The grounds
on which discrimination is prohibited under section 21 of the Human
Rights Act 1993 (unless any of the exceptions in Part II of the
Act apply) are |
| | (a) | | sex, which includes pregnancy
and childbirth |
| | (b) | | marital status |
| | (c) | | religious belief |
| | (d) | | ethical belief |
| | (e) | | colour |
| | (f) | | race |
| | (g) | | ethnic or national origins, which
includes nationality and citizenship |
| | (h) | | disability |
| | (i) | | age |
| | (j) | | political opinion |
| | (k) | | employment status |
| | (l) | | family status |
| | (m) | | sexual orientation. |
| | (4) | | Harassment means serious
or persistent interference in the pursuit of work or study of another
person, by behaviour that is unwelcome, uninvited and unwarranted.
Harassment includes |
| | (a) | | sexual harassment: verbal or physical
behaviour of a sexual nature that is unwelcome, uninvited and unwarranted |
| | (b) | | racial harassment: the use of language
(whether written or spoken), or visual materials, or physical behaviour
that |
| | (i) | | expresses hostility against, or brings
into contempt or ridicule, any other person on the ground of the
colour, race, or ethnic origins of that person |
| | (ii) | | is hurtful or offensive to that other
person (whether or not that is conveyed to the person complained
about), and |
| | (iii) | | is either repeated or of such a significant
nature that it has a detrimental effect on that other person. |
| | (5) | | General information, including
examples of the types of behaviour that constitute discrimination
and harassment and sources of advice and support on campus, is available
from the Head of Student and Academic Services. |
| 8. |
|
Informal methods of dispute resolution |
| |
(1) |
|
As a matter of principle, the University encourages the use of informal methods for resolving disputes, although it is recognised that there are instances in which informal methods are not appropriate or will not be effective. |
| |
(2) |
|
Methods of seeking an informal resolution
to a complaint include the following: |
| |
(a) |
|
the complainant discussing the issue
with a third party but not proceeding further |
| |
(b) |
|
direct discussions between the parties |
| |
(c) |
|
the complainant writing a letter to
the other party |
| |
(d) |
|
a third party representing the complainant's
concerns on his or her behalf |
| |
(e) |
|
discussions between the parties, mediated
by a third party |
| |
(f) |
|
the complainant changing his or her
own position to avoid or accommodate the conflict. |
| |
(3) |
|
Within the University there is a network
of trained staff and students to assist complainants with informal
methods of dispute resolution; further information, including details
of contact persons can be obtained from the Head of Student and
Academic Services. |
| 9. | |
Students accused of misconduct subject to discipline procedures |
| | (1) | | A student against whom a complaint
of misconduct is made, either by a member of the University or another
person, is subject to the discipline procedures set down in Part
3 of these regulations. |
| | (2) | | All authority under these regulations
must be exercised in accordance with the principles of natural justice. |
| | (3) | | Any person who is a party to a complaint
of misconduct, or who provides information pertaining to a complaint
of misconduct, may be required by the relevant authority to sign
a statutory declaration in relation to any aspect of his or her
testimony. |
| | (4) | | If a person who is a party to a complaint
of misconduct fails to respond to a communication by a relevant
authority, provided the authority has made all reasonable effort
to locate and contact that person and to provide adequate opportunity
for a response, the authority may proceed to deal with the complaint
at his or her discretion. |
Part 3
Procedures for Making, Investigating and Resolving Complaints of Student Misconduct, and Penalties where Misconduct is Substantiated |
| 10. | |
Opportunity for preliminary advice |
| | (1) | | A person who considers that
a student has committed misconduct may, if that person wishes, first
seek preliminary advice from one of the following staff members: |
| | (a) | | the Head of Student and Academic
Services or another relevant divisional director |
| | (b) | | the Chairperson of the Student Discipline
Committee |
| | (c) | | a relevant Chairperson of Department |
| | (d) | | a relevant Dean. |
| | (2) | | A staff member from whom
preliminary advice has been sought under subsection (1) must |
| | (a) | | provide all reasonable assistance
and support to the complainant |
| | (b) | | advise the complainant, on the evidence
provided by him or her, whether a formal complaint of misconduct
might appropriately be lodged, and |
| | (c) | | advise the complainant about the appropriate
procedures for lodging a formal complaint should the complainant
choose to lodge one. |
| 11. | |
Procedures for making a formal complaint |
| | (1) | | Any person may lodge a formal
complaint of misconduct against a student |
| | (a) | | even if that person has not
sought or achieved an informal resolution under section 8, and |
| | (b) | | even if that person has not sought
preliminary advice from a staff member under section 10, and |
| | (c) | | regardless of any advice given by
a staff member under section 10. |
| | (2) | | A formal complaint of student
misconduct must be made in writing |
| | (a) | | if it relates to student
conduct in a Hall of Residence or the Rec Centre, to the Head of
Student and Academic Services |
| | (b) | | if it relates to student conduct in
the Library, to the University Librarian |
| | (c) | | if the complainant is an academic
staff member and the complaint involves alleged plagiarism or cheating
in a subject where authority has been delegated to a chief examiner
under section 15, to the relevant chief examiner |
| | (d) | | in cases other than (a) (b) or (c),
to the Chairperson of the Student Discipline Committee. |
| 12. | |
Preliminary procedure in discipline complaints |
| | (1) | | Where the Chairperson of
the Student Discipline Committee receives a complaint of misconduct
against a student, the complaint may be addressed through a tikanga
process under section 13. |
| | (2) | | Unless it is agreed to follow a tikanga
process under section 13, the Chairperson of the Student Discipline
Committee may |
| | (a) | | offer summary jurisdiction
to the student, or |
| | (b) | | refer the matter to the Student Discipline
Committee. |
| | (3) | | If the Chairperson of the
Student Discipline Committee offers summary jurisdiction, the student
may choose either |
| | (a) | | to accept the offer of summary
jurisdiction, or |
| | (b) | | to have the matter referred to the
Student Discipline Committee. |
| 13. | |
Tikanga Māori |
| | (1) | | The spirit of tikanga is
to seek resolutions to complaints in a Māori way that encourages
a facilitated open exchange of views, in order to achieve a resolution that
is agreed by all the parties involved. |
| | (2) | | A complaint may only be addressed
through a tikanga process if |
| | (a) | | the complainant |
| | (b) | | the student answering the complaint |
| | (c) | | the Chairperson of the Student Discipline
Committee, and |
| | (d) | | the Pro Vice-Chancellor (Māori) |
| | agree to the arrangements determined
under subsection (3). |
| | (3) | | The Pro Vice-Chancellor (Māori)
is responsible for determining the arrangements for the tikanga
process after discussion with the parties, and is also responsible for
informing the parties of the nature and implications of the process. |
| | (4) | | The process is facilitated
by the Pro Vice-Chancellor (Māori), assisted by a tikanga
panel appointed by the Pro Vice-Chancellor (Māori). |
| | (5) | | Where possible, a resolution
is negotiated by the complainant and the student answering the complaint;
where they are unable to negotiate a resolution between themselves,
a resolution is determined by the Pro Vice-Chancellor (Māori)
in consultation with the Chairperson of the Student Discipline Committee. |
| | (6) | | In determining a resolution
under subsection (5), the Pro Vice-Chancellor (Māori) is
authorised to take any of the actions that are available under summary jurisdiction
procedures, as provided in section 14(6). |
| | (7) | | The Pro Vice-Chancellor (Māori)
is responsible for reporting the resolution negotiated or determined
under subsection (5), in writing, to the complainant and the student
answering the complaint. |
| | (8) | | The Chairperson of the Student
Discipline Committee is responsible for ensuring that all appropriate
records relating to the outcome are maintained. |
| | (9) | | Failure to comply with a
resolution negotiated or determined under this section is misconduct. |
| | (10) | | A resolution negotiated or
determined under this section is final; there is no right of appeal. |
| | (11) | | Subject to the agreement
of the Vice-Chancellor, the Pro Vice-Chancellor (Māori) may
delegate his or her authority under this section. |
| 14. | |
Summary jurisdiction procedures |
| | (1) | | Summary jurisdiction is exercised
by the Chairperson of the Student Discipline Committee, or, if section
15 applies, a chief examiner. |
| | (2) | | A student who accepts summary jurisdiction
by the Chairperson of the Student Discipline Committee may write
an answer to the complaint. |
| | (3) | | The complainant and the student |
| | (a) | | must be given the opportunity
to appear and give evidence at a summary jurisdiction meeting with
the Chairperson of the Student Discipline Committee |
| | (b) | | may be required to attend, at the
Chairperson of the Student Discipline Committee's discretion |
| | (c) | | may be accompanied at the meeting
by any other person to act as an adviser or support person, subject
to any conditions that the Chairperson of the Student Discipline
Committee may impose. |
| | (4) | | Where the Chairperson of
the Student Discipline Committee exercises summary jurisdiction,
he or she determines whether the student has committed misconduct
on |
| | (a) | | the evidence provided by
the complainant and the student, and |
| | (b) | | any other evidence, written or oral,
that he or she may seek or accept at his or her discretion, provided
that this evidence is disclosed to the student and he or she is
given the opportunity to comment on it. |
| | (5) | | The Chairperson of the Student
Discipline Committee may decide at any time to take no further action
on a complaint of misconduct if, in his or her judgement |
| | (a) | | the evidence provided by
the complainant is insufficient |
| | (b) | | the subject matter of the complaint
is trivial |
| | (c) | | the complaint is frivolous, vexatious,
or not made in good faith, or |
| | (d) | | the complaint falls outside the scope
of these regulations. |
| | (6) | | If, having investigated a
complaint, the Chairperson of the Student Discipline Committee determines
that a student has committed misconduct, he or she may take one
or more of the following actions: |
| | (a) | | issue to the student a warning
containing a statement of the possible consequences if the act or
behaviour that provoked the complaint is repeated |
| | (b) | | require an undertaking from the student
as to future behaviour while enrolled at the University and set
in place provisions for monitoring the student's behaviour in keeping
with the undertaking |
| | (c) | | require the student to provide any
appropriate and available remedy to relieve distress, or repair
damage, or correct a mistake |
| | (d) | | require the student to make a public
or private apology, either written or spoken |
| | (e) | | require the student to pay, by a given
date, compensation or a fine of up to $500 |
| | (f) | | arrange for the student to be formally reprimanded by the relevant Dean or by the Deputy Vice-Chancellor, either in person or in writing |
| | (g) | | suspend the student from attendance at any class or programme for up to one year |
| | (h) | | exclude the student from, or limit
access to, any designated part or facility of the University for
up to one year |
| | (i) | | if the misconduct is related to a
particular paper or programme of the University, |
| | (i) | | require the student to repeat or complete
additional assessment |
| | (ii) | | refuse or reduce credit for part or
all of an individual item of assessment, or refuse credit for a
paper as a whole |
| | (j) | | require the student to participate
in a specified educational and/or training programme related to
the misconduct, in terms prescribed by the Chairperson of the Student
Discipline Committee and within a prescribed period. |
| | (7) | | The Chairperson of the Student
Discipline Committee must exercise his or her discretion in the
matter as expeditiously as possible. |
| | (8) | | The outcome must be communicated
to the complainant and the student as expeditiously as possible. |
| 15. | |
Delegation of summary jurisdiction to chief examiners |
| | (1) | | The authority of the Chairperson
of the Student Discipline Committee to exercise summary jurisdiction
under section 14 may be delegated to a chief examiner, provided
that |
| | (a) | | the chief examiner has followed the
process prescribed by the Chairperson of the Student Discipline
Committee for requesting and exercising that delegated authority |
| | (b) | | the complaint involves alleged plagiarism
or cheating in a 100 or 200 level item of internal assessment which
is worth less than 33% of the total assessment for the paper concerned |
| | (c) | | the student who is the subject of
the complaint has not previously been found guilty of misconduct
under these regulations, and |
| | (d) | | the student against whom the complaint
is made accepts the delegated authority of the chief examiner. |
| | (2) | | Where authority to exercise summary
jurisdiction is delegated under this section, the chief examiner
must follow the summary jurisdiction procedures prescribed by the
Chairperson of the Student Discipline Committee. |
| | (3) | | If, having investigated a
complaint under this section, a chief examiner determines that the
student has committed misconduct, the chief examiner may take one
or more of the following actions: |
| | (a) | | issue to the student a warning containing
a statement of the possible consequences if the act or behaviour
that provoked the complaint is repeated |
| | (b) | | require an undertaking from
the student as to future behaviour while enrolled at the University
and set in place provisions for monitoring the student's behaviour
in keeping with the undertaking |
| | (c) | | require the student to repeat or complete
additional assessment |
| | (d) | | refuse or reduce credit for
part or all of an individual item of assessment, or refuse credit
for a paper as a whole |
| | (e) | | require the student to participate
in a specified educational and/or training programme related to
the misconduct, in terms prescribed by the Chief Examiner and within
a prescribed period. |
| | (4) | | If, at any time during a
summary jurisdiction process, a chief examiner considers that the
penalties available to the Chairperson of the Student Discipline Committee
may be more appropriate, or for any other reason, the chief examiner may
refer the matter back to the Chairperson of the Student Discipline Committee,
who will exercise his or her own summary jurisdiction as provided under
these regulations. |
| 16. | |
Constitution and jurisdiction of the Student Discipline Committee |
| | (1) | | The Student Discipline Committee comprises |
| | (a) | | the Chairperson, appointed by the
Vice-Chancellor, and |
| | (b) | | two academic staff members, appointed
by the Chairperson of the Student Discipline Committee from a pool
of eight nominated by the Academic Board, and |
| | (c) | | two students, one of whom is enrolled
at the graduate or postgraduate level, appointed by the Chairperson
of the Student Discipline Committee from a pool of six students,
two of whom are enrolled at the graduate or postgraduate level;
the pool of six students is appointed by the Chairperson of the
Student Discipline Committee in consultation with the President
of the Waikato Students' Union if membership of the Waikato Students'
Union is compulsory, or the student members of the Academic Board
and Council in any other case. |
| | (2) | | A quorum is the chairperson, one academic
staff member and one student member. |
| | (3) | | Written notice of the time,
date and place of the hearing of the Student Discipline Committee,
together with full details of the substance of the complaint, must
be sent to the student against whom the complaint has been made,
at least 14 days before the date of the hearing. |
| | (4) | | The student answering the
complaint may write an answer to the complaint. |
| | (5) | | Both the complainant and
the student answering the complaint |
| | (a) | | must be given the opportunity to appear
and give evidence at the Student Discipline Committee hearing |
| | (b) | | may be required to attend, at the
Committee's discretion |
| | (c) | | may be accompanied at the hearing
by another person to act as an adviser or support person, subject
to any conditions that the Student Discipline Committee may impose. |
| | (6) | | The Student Discipline Committee
must convene as soon as is practicable to hear |
| | (a) | | the evidence provided by the complainant
and the student, and |
| | (b) | | any other evidence, written or oral,
that the Committee may seek or accept at its discretion, provided
that this evidence is disclosed to the student and he or she is
given the opportunity to comment on it. |
| | (7) | | The Student Discipline Committee
may decide at any time to take no further action on a complaint
of misconduct if, in its judgement, |
| | (a) | | the evidence provided by the complainant
is insufficient |
| | (b) | | the subject matter of the complaint
is trivial |
| | (c) | | the complaint is frivolous, vexatious,
or not made in good faith, or |
| | (d) | | the complaint falls outside the scope
of these regulations. |
| | (8) | | If misconduct is substantiated,
the Student Discipline Committee may take one or more of the following
actions: |
| | (a) | | issue to the student a warning
containing a statement of the possible consequences if the act or
behaviour that provoked the complaint is repeated |
| | (b) | | require an undertaking from
the student as to future behaviour while he or she remains enrolled
at the University and set in place provisions for monitoring the
student's behaviour in keeping with the undertaking |
| | (c) | | require the student to provide
any appropriate and available remedy to relieve distress, or repair
damage, or correct a mistake |
| | (d) | | require the student to make
a public or private apology, either written or spoken |
| | (e) | | require the student to pay,
by a given date, compensation or a fine of up to $1000 |
| | (f) | | arrange for the student to be formally reprimanded by the relevant Dean or by the Deputy Vice-Chancellor, either in person or in writing |
| | (g) | | suspend the student from attendance at any class or programme for up to one year |
| | (h) | | exclude the student from,
or limit access to, any designated part or facility of the University
for a specified period of time or permanently |
| | (i) | | cancel a student's enrolment
at the University, as a whole or in respect of any paper or programme,
for a specified period of time or permanently |
| | (j) | | if the misconduct is related
to a particular paper or programme of the University, |
| | (i) | | require the student to repeat or complete
additional assessment |
| | (ii) | | refuse or reduce credit for part or
all of an individual item of assessment, or refuse credit for a
paper as a whole |
| | (k) | | require the student to participate
in a specified educational and/or training programme related to
the misconduct, in terms prescribed by the Student Discipline Committee
and within a prescribed period. |
| | (9) | | The Student Discipline Committee
must exercise its jurisdiction in the matter as expeditiously as
possible. |
| | (10) | | The outcome must be communicated
to the complainant and the student as expeditiously as possible. |
| 17. | |
Authority of staff for discipline in classes |
| | A staff member delivering or supervising
a class may dismiss from it, for its duration, any student who,
in his or her judgement, has committed misconduct in that class. |
| 18. | |
Authority of the Dean of Science and Engineering for discipline in laboratories |
| | The Dean of the Faculty of Science
and Engineering may exclude from any laboratory in the Faculty of
Science and Engineering, for up to seven days, any student who,
in his or her judgement, has committed misconduct in a laboratory
in the Faculty. |
| 19. | |
Authority of the University Librarian for discipline in the Library |
| | The University Librarian may exclude
from the Library, for up to seven days, any student who, in his
or her judgement, has committed misconduct in the Library. |
| 20. | |
Authority of the Head of Student and Academic Services for discipline in the halls of residence |
| | (1) | | The Head of Student and Academic Services
has authority for order and discipline in the halls of residence
and may give instructions as he or she thinks fit in accordance
with that authority. |
| | (2) | | Any instructions by the Head
of Student and Academic Services under subsection (1) must |
| | (a) | | be notified individually to each resident
to whom they apply, and |
| | (b) | | be displayed permanently and conspicuously
in an appropriate place in the relevant hall. |
| | (3) | | Where the Head of Student
and Academic Services receives a complaint of misconduct in a hall
of residence, he or she may |
| | (a) | | refer the matter to the Residents'
Discipline Committee of the hall in which the student resides, or |
| | (b) | | offer summary jurisdiction to the
student. |
| | (4) | | If the Head of Student and
Academic Services offers summary jurisdiction, the student may choose
either |
| | (a) | | to accept the offer of summary jurisdiction,
or |
| | (b) | | to have the matter referred to the
relevant Residents' Discipline Committee. |
| | (5) | | A student who accepts summary
jurisdiction by the Head of Student and Academic Services may write
an answer to the complaint. |
| | (6) | | The complainant and the student |
| | (a) | | must be given the opportunity to appear
and give evidence at a summary jurisdiction meeting with the Head
of Student and Academic Services |
| | (b) | | may be accompanied at the meeting
by any other person to act as an adviser or support person, subject
to any conditions that the Head of Student and Academic Services
may impose. |
| | (7) | |
Where the student accepts
the offer of summary jurisdiction by the Head of Student and Academic
Services, the Head of Student and Academic Services determines whether the student has committed
misconduct on |
| | (a) | | the evidence provided by the complainant
and the student, and |
| | (b) | | any other evidence, written or oral,
that the Head of Student and Academic Services may seek or accept at his or her discretion, provided
that this evidence is disclosed to the student and he or she is
given the opportunity to comment on it. |
| | (8) | | The Head of Student and Academic
Services may decide at any time to take no further action on a complaint
of misconduct if, in his or her judgement, |
| | (a) | | the evidence provided by the complainant
is insufficient |
| | (b) | | the subject matter of the complaint
is trivial |
| | (c) | | the complaint is frivolous, vexatious,
or not made in good faith, or |
| | (d) | | the complaint falls outside the scope
of these regulations. |
| | (9) | | If misconduct is substantiated,
the Head of Student and Academic Services may take one or more of
the following actions: |
| | (a) | | issue to the student a warning containing
a statement of the possible consequences if the act or behaviour
that provoked the complaint is repeated |
| | (b) | | require an undertaking as to future
behaviour |
| | (c) | | require the student to provide any
appropriate and available remedy to relieve distress, or repair
damage, or correct a mistake |
| | (d) | | require the student to make a public
or private apology, either written or spoken |
| | (e) | | require the student to pay, by a given
date, a sum of up to the equivalent of one week's board at the relevant
hall |
| | (f) | | require the student to undertake community
service work in the relevant hall, of whatever nature the Head of Student and Academic Services
thinks fit |
| | (g) | | exclude the student from the relevant
hall for up to one year |
| | (h) | | exclude the student from, or limit
access to, a designated part or facility of the relevant hall for
up to one year. |
| | (10) | | Where a student accused of
misconduct in a hall chooses to have the matter referred to the
Residents' Discipline Committee, the committee must convene as soon
as practicable to hear |
| | (a) | | the evidence provided by the complainant
and the student, and |
| | (b) | | any other evidence, written or oral,
that the Residents' Discipline Committee may seek or accept at its
discretion, provided that this evidence is disclosed to the student
and he or she is given the opportunity to comment on it. |
| | (11) | | Written notice of the time,
date and place of the hearing of the Residents' Discipline Committee,
together with full details of the substance of the complaint, must
be sent to the student against whom the complaint has been made
at least seven days before the date of the hearing. |
| | (12) | | The student answering the
complaint may write an answer to the complaint. |
| | (13) | | The complainant and the student |
| | (a) | | must be given the opportunity to appear
and give evidence at the Residents' Discipline Committee hearing |
| | (b) | | may be accompanied at the hearing
by another person to act as an adviser or support person, subject
to any conditions that the Residents' Discipline Committee may impose. |
| | (14) | | The Residents' Discipline
Committee may recommend to the Head of Student and Academic Services
at any time that no further action be taken on a complaint of misconduct
if, in its judgement, |
| | (a) | | the evidence provided by the complainant
is insufficient |
| | (b) | | the subject matter of the complaint
is trivial, or |
| | (c) | | the complaint is frivolous, vexatious,
or not made in good faith. |
| | (15) | | If misconduct is substantiated,
the Residents' Discipline Committee makes a recommendation to the
Head of Student and Academic Services, who, having taken account
of the advice of the Committee, may take one or more of the actions
listed in subsection (9). |
| | (16) | | The Head of Student and Academic
Services must exercise his or her jurisdiction in the matter as
expeditiously as possible. |
| | (17) | | The outcome must be communicated
to the complainant and the student as expeditiously as possible. |
| 21. | |
Authority of the Head of Student and Academic Services for discipline in the Rec Centre |
| | The Head of Student and Academic Services
may, having taken account of the advice of the Manager of the Rec
Centre, suspend from membership or use of the Rec Centre for up
to one year, any student whom the Manager considers has committed
misconduct in the Centre. |
| 22. | |
Authority of the Vice-Chancellor |
| | (1) | | The Vice-Chancellor may exclude a
student from the University, or limit access to any designated part,
system or facility of the University, if the student has been convicted
of a criminal offence and if, in the Vice-Chancellor's judgement, the
nature of the offence impinges detrimentally on the University or
its staff or students. |
| | (2) | | Whether or not there has been a formal
complaint of misconduct, the Vice-Chancellor may, on suspicion of
possible misconduct, initiate an investigation of the conduct of
a student. Any investigation under this section and any procedure related
to that investigation must be consistent with these regulations. |
| | (3) | | If, having regard to the security
of University property or the best interests of students and staff,
the Vice-Chancellor is satisfied that the nature of a complaint is
sufficiently serious, the Vice-Chancellor may suspend the student
to whom the complaint relates from attendance at any class or programme,
or from the campus, until the complaint has been investigated and
settled. |
| 23. | |
Authority of Council to withdraw or refuse to grant an academic award |
| | (1) | | Council may withdraw or refuse
to grant an academic award if it is satisfied that the candidate
was guilty of misconduct in relation to the award while enrolled,
or otherwise dishonest in relation to the award. |
| | (2) | | Council must consult with the Academic
Board before taking a decision under this section; the advice of
the Academic Board must be based on a recommendation from the Student
Discipline Committee. |
| | (3) | | The principles and processes followed
by the Student Discipline Committee in formulating its recommendation
to the Academic Board must be consistent with the principles and
procedures outlined in these regulations for the investigation and
hearing of allegations of misconduct. |
| | (4) | | The Academic Board must make all reasonable
effort to ensure that the candidate concerned receives prior notification
of the advice that it intends to give to Council and is given an
opportunity to make a written submission directly to Council. |
| | (5) | | Council may determine its own procedures
for considering a matter under this section provided they conform
with the principles of natural justice. |
| | (6) | | A decision by Council under this section
is final. |
| 24. | |
Annotation of academic records and grades |
| | (1) | | Where misconduct is found, the student's academic record will be annotated accordingly, either permanently or for a period of time designated by the relevant authority, unless the authority decides on the basis of the seriousness of the misconduct that it is not warranted. |
| | (2) | | Where a student is refused credit for a paper as a whole as a penalty for misconduct, an NC (No Credit) grade will be awarded for that paper. |
Part 4
Provisions for Appeal |
| 25. | |
Provision for appeal to the Chairperson of the Student Discipline Committee |
| | (1) | | A student may appeal to the
Chairperson of the Student Discipline Committee against any decision
taken by |
| | (a) | | a chief examiner under section
15 |
| | (b) | | a staff member under section 17 |
| | (c) | | the Dean of Science and Engineering
under section 18 |
| | (d) | | the University Librarian under section
19. |
| | (2) | | An appeal must be addressed
and submitted in writing to the Chairperson of the Student Discipline
Committee (Student and Academic Services Division), together with
the prescribed fee; it must include a postal address and must be signed. |
| | (3) | | An appeal must be received by the
Chairperson of the Student Discipline Committee not more than 14
days after the date on which the relevant decision was formally
notified, and must include details of the grounds for the appeal. |
| | (4) | | An appeal may be made only on one
or more of the following grounds: |
| | (a) | | that the process used for addressing
the alleged misconduct was unfair |
| | (b) | | that the decision reached was manifestly
at odds with the evidence |
| | (c) | | that the remedy imposed was manifestly
at odds with the misconduct |
| | (d) | | that significant new evidence has
become available that could not reasonably have been obtained and
presented during the initial process and that could have a material
effect on the outcome. |
| | (5) | | The student and the authority that
made the original discipline decision |
| | (a) | | must be given the opportunity
to appear and give evidence at the appeal hearing |
| | (b) | | may be accompanied by another person
to act as an adviser or support person, subject to any conditions
that the Chairperson of the Student Discipline Committee may impose. |
| | (6) | | The Chairperson of the Student Discipline Committee may |
| | (a) | | dismiss the appeal and uphold
the original decision |
| | (b) | | vary the decision |
| | (c) | | require any appropriate and available
remedy to settle the appeal. |
| | (7) | | The Chairperson of the Student
Discipline Committee must hear the appeal as expeditiously as possible. |
| | (8) | | The outcome must be communicated to
the student and the authority that made the original discipline
decision as expeditiously as possible. |
| | (9) | | The decision of the Chairperson of
the Student Discipline Committee on an appeal is final. |
| | (10) | |
At the discretion of the Chairperson
of the Student Discipline Committee, the fee for an appeal may be refunded, either in full or in part, if the appeal is decided in the student's favour. |
| 26. | |
Provision for appeal to Council |
| | (1) | | Any party to a complaint
of student misconduct (the complainant or the student who was the
subject of the complaint) may appeal to Council against any decision
under these regulations |
| | (a) | | by the Head of Student and
Academic Services |
| | (b) | | unless it is an appeal decision under
section 25, by the Chairperson of the Student Discipline Committee |
| | (c) | | by the Student Discipline Committee |
| | (d) | | by the Vice-Chancellor. |
| | (2) | |
An appeal must be addressed
and submitted in writing to the Secretary to Council (Office of the Assistant Vice-Chancellor (Executive)), together with the prescribed fee; it must include a postal
address and must be signed. |
| | (3) | | An appeal must be received by the
Secretary to Council not more than 14 days after the date on which
the relevant decision was formally notified, and must include details
of the grounds for the appeal. |
| | (4) | | An appeal may be made only on one
or more of the following grounds: |
| | (a) | | that the process used for addressing
the alleged misconduct was unfair |
| | (b) | | that the decision reached was manifestly
at odds with the evidence |
| | (c) | | that the remedy imposed was manifestly
at odds with the misconduct |
| | (d) | | that significant new evidence has
become available that could not have been reasonably obtained and
presented during the initial process and that could have a material
effect on the decision made. |
| | (5) | |
The Council delegates authority
to hear and decide appeals on its behalf to the Student Discipline Appeals Committee, which comprise: |
| | (a) | |
two members appointed by and from Council, and |
| | (b) | |
one other member, who is either a member of Council, or a staff member, Emeritus Professor or Honorary Fellow of the University, appointed by Council on the basis of his or her knowledge of legal processes, who is Chairperson. |
| | (6) | |
The Chairperson of the Student Discipline Appeals Committee may appoint an adviser to assist at a hearing in relation to aspects of a case; the Chairperson may also co-opt that adviser as a member of the Student Discipline Appeals Committee for that hearing. |
| | (7) | |
The Student Discipline Appeals Committee may determine its own procedures for hearing and deciding appeals, provided that they conform with the principles of natural justice, and may issue procedural directions. |
| |
(8) |
|
At an appeal hearing |
| |
(a) |
|
the appellant must be given the opportunity to appear and give evidence and may be accompanied by an adviser and/or support person, subject to any conditions that the Student Discipline Appeals Committee may impose. |
| |
(b) |
|
the other parties to the complaint, including the authority that made the original discipline decision, must also be given the opportunity to appear and give evidence. |
| |
(9) | |
Having heard an appeal, the Student Discipline Appeals Committee may |
| |
(a) |
|
dismiss the appeal |
| |
(b) |
|
allow the appeal and vary the decision with respect to the original complaint |
| |
(c) |
|
refer the complaint back to the authority that made the decision appealed against, for rehearing. |
| |
(10) | |
The Student Discipline Appeals Committee may not impose a penalty that could not otherwise be imposed under these regulations by the authority that made the decision appealed against. |
| |
(11) | |
The Student Discipline Appeals Committee must hear appeals as expeditiously as possible. |
| |
(12) | |
The outcome of the appeal must be communicated to the appellant and the other parties to the complaint, including the authority that made the original discipline decision, as expeditiously as possible. |
| |
(13) |
|
The decision of the Student Discipline Appeals Committee on an appeal is final. |
| |
(14) | |
At the discretion of the Chairperson of the Student Discipline Appeals Committee, the fee for an appeal may be refunded, either in full or in part, if the appeal is decided in the appellant's favour. |
Part 5
Provisions to Delegate Authority |
| 27. | |
Delegation of authority by the Chairperson of the Student Discipline Committee |
| | Subject to the agreement of the Vice-Chancellor,
the Chairperson of the Student Discipline Committee may delegate
his or her authority under these regulations. |
| 28. | |
Delegation of authority by the Vice-Chancellor |
| | The Vice-Chancellor may delegate his
or her authority under these regulations. |
Part 6
Monitoring and Reporting |
| 29. | |
Reports to the Academic Board |
| | The Chairperson of the Student Discipline Committee must submit an annual report to
the Education Committee, including |
| | (a) | | an overview of summary jurisdiction
decisions taken during the relevant year by the Chairperson of the
Student Discipline Committee, chief examiners and any others who
have exercised authority delegated by the Chairperson of the Student Discipline
Committee |
| | (b) | | an outline of decisions by the Student
Discipline Committee |
| | (c) | | an overview of decisions through tikanga
processes |
| | (d) | | an outline of appeals heard by the
Chairperson of the Student Discipline Committee or his or her delegate |
| | (e) | | an overview of student discipline
matters, including any patterns or trends |
| | (f) | | a statement about the appropriateness
and effectiveness of current regulations, policies and processes
concerning student discipline, and |
| | (g) | | any recommendations with respect to
current regulations, policies and processes concerning student discipline. |
| 30. | |
Reports to Council |
| |
The outcome of any appeal heard by the Student Discipline Appeals Committee must be reported to Council. |
| 31. | |
Confidentiality |
| | Subject to section 24, all processes and decisions under these regulations are confidential to the parties involved, and to staff responsible for administering student discipline processes and maintaining students’ academic records. Relevant information may also be made available to Deans and other staff responsible for student progress and for maintaining the University’s academic standards and the integrity of its assessment processes. |
