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Serious disruption to property or individuals, and various forms of cheating, are considered major crimes by the University, and are controlled under the Discipline Regulations.
There are three categories of offence set out in the University Discipline Regulations – “General Misconduct”, “Academic Misconduct” and “Research Misconduct”. You can be charged under the discipline regulations for actions on any Campus. Off Campus students can also be charged with discipline offences relating to their conduct.
General Misconduct General Misconduct includes: - damaging University property,
- threatening the safety of others,
- failing to follow reasonable directions,
- physical or verbal assault,
- unauthorised copying of computer software,
- unauthorised access to an individual’s files and
- interfering with the orderly conduct of classes.
As part of accepting an offer to study and enrolling with the University you accept the University’s regulations and policies. You should make yourself aware of the Discipline Regulations. Due to the serious nature of a Discipline charge you should seek advice from the Student Advocate and Support Coordinator in the Union or your solicitor. You have the right to appeal a Discipline charge. The University Regulations provide for a range of Discipline charges that can result in penalties ranging from fines to exclusion from the University. In some circumstances (such as assault) police charges can be laid.
Academic Misconduct Under the regulations there are two versions of “Academic Misconduct” – examination cheating and non-examination cheating. Examination cheating (or assisting to cheat) is defined by the regulations as: “examination cheating or a student has assisted another student to cheat.” Non-examination cheating is all other cheating. Cheating is defined as “seeking to obtain an unfair advantage in an examination or in other written or practical work required to be submitted or completed by a student for assessment.” If you are accused of academic misconduct your work will be disallowed by prohibiting assessment. Seek advice from the Student Advocate and Support Coordinator or your solicitor. Appealing a Discipline penalty You have the right to appeal a decision made about a discipline charge. If you do want to appeal you have to make a formal written request setting out the grounds for your appeal (it is very handy to make sure you have evidence to back up your story!). You have 28 DAYS from receiving the penalty or notice of disallowance to lodge your appeal! If a Discipline Committee meeting is convened you will receive a letter letting you know when and where the hearing will be held. There are two bodies in the University that field appeals and it is important that you make sure that you pick the right one! Due to the serious nature of these Committees it is recommended that you seek advice from the Union’s Student Advocate and Support Coordinator or your solicitor. A person that is legally qualified like a barrister or a solicitor can accompany you to a Faculty or Central Discipline Committee hearing. Faculty Discipline Committee The Faculty Discipline Committee hears appeals about charges of cheating or assisting to cheat. You would also make an appeal to this Committee if you received a penalty because of general misconduct involving your Faculty. You have to write to the Faculty manager outlining your grounds for appeal. Central Discipline Committee The Central Discipline Committee hears appeals about charges under general misconduct, not involving your Faculty. You will have to write to the Secretariat Manager outlining your grounds for appeal. You can appeal the decisions of both the Faculty and Central Discipline Committees – BUT – you need to make your appeal on the grounds of: - Excessive penalty
- Bias on the part of the Discipline Committee concerned
- Significant procedural irregularity and/or
- Evidence of a substantial nature not presented at the time of the original hearing.
You need to lodge a written notice of appeal to the Secretariat Manager within 28 days after you receive the written notice of the decision from the Faculty or Central Discipline Committees. Read the Discipline Regulations for yourself at: www.monash.edu.au/pubs/calendar/statutes/statutes04.html Discipline is very serious! Get advice and assistance from the MUGSU Student Advocate and Support Coordinator
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