Misconduct Hearings

The procedures used at student misconduct hearings are not as formal as those used in courts, but they are designed to ensure fairness. Hearings are heard via zoom.

The convenor of the hearing will read the allegations made in your case and ask you to respond to each. You may then be asked further question related to these allegations, and to provide a final statement if you wish. At the hearing, all evidence (including any evidence you put forward) will be considered. There may also be witnesses called to give evidence in person. There is no automatic right to cross examine witnesses.

The Authorised Officer or Misconduct Committee will provide you with a time frame in which they will make a decision about your case.

Student Misconduct Committees are not bound by the normal rules of evidence that apply in court proceedings and the standard of proof applied is not the criminal standard of “beyond reasonable doubt”.  The applicable standard is the civil “balance of probabilities” standard.

All proceedings before a Student Misconduct Committee or an Appeals Committee are recorded in an audio or audio-visual format. An Authorised Officer may also designate any interviews or proceedings before them to be recorded at their discretion. If the meeting is recorded, you may request a copy of this at the conclusion of the interview and/or hearing.

No, this is not a criminal hearing and different rules apply. However, if you wish to ask questions of any witnesses then you may do so through the person who is chairing the interview or hearing. You may refer to clause 12 of the Student Misconduct Rule which pertains to questioning witnesses.

A Notice of Hearing must include copies of any evidence available about the allegation. Evidence may be excluded or redacted if disclosure at that time could unreasonably:

1. compromise the integrity of the investigation of the alleged misconduct; or
2. cause the University to breach its obligations under any law or policy regarding privacy; or
3. place the health, safety or welfare of any person, including any witness, at risk.

It’s very important that you attend any hearing so that you have an opportunity to put forward your version of events. If you don’t, you run the risk of an unfavourable finding and sanction being made in your absence.  If you receive a notice, you should:

• Call the contact person listed to confirm your attendance.  If for some valid reason you cannot attend that day (eg, if you are overseas), let the contact person know so that other arrangements can be made.
• Confirm whether there are any witnesses that would be prepared to speak/be questioned at the hearing.
• Confirm whether you will bring a support person or advocate with you.  Please note that it is very important that your support person or advocate is available on that day.
• Consider preparing a written submission and attach any evidence you have so you can hand it in either before or at the hearing.  This can help you to provide some context to what happened.  Also, you may not have time or forget to cover off all points at the hearing, so a written submission might be useful.

On the day of the hearing

• Have your device set up in a comfortable space free of interruptions ready for the hearing. Get set up early with objects like a pen, paper and a glass of water handy.
• Have your student ID ready to show at the start of the hearing.
• Prepare any questions or information that you want to present to the decision maker/s. You may wish to read over this while waiting on the meeting to start, to distract you from any nerves.
• You could try relaxation techniques to prepare for yourself for the hearing. These include things like slowing the pace of your breath, listening to music or a guided meditation, or saying some positive affirmations.

Yes. After the hearing you will receive a report that sets out the following:

1. the findings of fact;
2. a summary of the evidence on which those findings of fact are based;
3. whether the allegation is dismissed or any finding of misconduct made;
4. any applicable sanction(s);
5. a statement of reasons; and
6. the availability of any internal appeal from the decision.

Yes, although it is the same allegation, student misconduct hearings are administrative proceedings and designed to protect the University community.  However, the University will generally wait until those criminal proceedings are concluded before it proceeds with any misconduct hearing. Depending on the seriousness of the allegation and risks to the University and its community, you may be suspended from the University for a period of time.

Yes. All students have a right to appeal the finding and/or any sanction imposed. Appeals are generally decided on papers unless new and/or fresh evidence has been provided, in which case you will be invited to meet with the Appeals Committee.

An appeal can only be made on the following grounds:

1. where there has been a breach of procedural fairness;
2. where substantial and relevant new or fresh evidence is available that was not available for the student to provide when the original decision about the student’s case was made.

It is not sufficient for a student to simply state in the application that they disagree with the decision being appealed. 

Further information and a Student Misconduct Notice of Appeal Form is available at: Academic Appeals Procedures

Your notice of appeal must be submitted no later than 20 business days of receiving the notice of decision. A student does not have an automatic right to appear in person before the Appeals Committee, so applications must include all of the documentation in support of their appeal.

While every case is determined on individual merits. The Sanctions for Academic Misconduct document below provides you with examples of sanctions that students have received if they have been found to have engaged in academic or general misconduct. Further details of sanctions can be found in Clause 22 and Clause 23 of the Student Misconduct Rule.