• Section 1 - Purpose, Principles and Scope
• Purpose
• Principles
• Scope
• Definitions
• Section 2 - Misconduct
• Prohibition on Misconduct
• Procedures for Dealing with Misconduct
• Conduct Register
• Section 3 - Decision Making Bodies in Relation to Misconduct
• Authorised Persons
• Constituting a Misconduct Committee
• Constituting the University Misconduct Board
• Constituting the University Misconduct Appeals Board
• Section 4 - Penalties that May be Imposed for Misconduct
• Section 5 - Other Matters
• Campus Service Orders
• Withholding Results
• Direction or Interim Suspension Issued by the Academic Registrar
• Notices
• Refund of Fees for Suspension or Expulsion
• Undischarged Penalties
• Section 6 - Dictionary

Section 1 - Purpose, Principles and Scope

Purpose

(1) Students are expected to conduct themselves in a manner consistent with the standards of behaviour recorded in the Staff Code of Conduct Policy. Students are prohibited from engaging in conduct that amounts to misconduct as defined in the Student Code of Conduct Policy.

(2) These standards of behaviour and prohibition on misconduct are intended to promote and foster the highest standards of honesty and academic integrity, a safe environment for members of the UQ community and the good order and management of the University.

(3) This Policy and the Student Integrity and Misconduct Procedure govern how allegations of misconduct against students at the University are reported, investigated, heard and determined, and penalties are imposed where allegations are proven on the balance of probabilities. This Policy and the Procedure permit the University to regulate its student membership, including by expelling students who engage in misconduct that is serious and/or repeated. 

Principles

(4) This Policy and the Student Integrity and Misconduct Procedure should be interpreted and applied by reference to:

1. the purpose of the Policy as articulated in above clauses 1-3 and the purpose of each section where articulated at the beginning of the section;
2. the Principles for the Protection of Freedom of Speech and Academic Freedom, recorded in the Freedom of Speech and Academic Freedom Policy;
3. relevant human rights, in compliance with the Human Rights Act 2019 (Qld); and
4. the University's commitment to promoting and fostering a safe environment for all members of the UQ community, in compliance with the Higher Education Standards Framework (Threshold Standards) 2021 made under the Tertiary Education Quality and Standards Agency Act 2011 (Cth).

Scope

(5) This Policy and the Student Integrity and Misconduct Procedure apply to conduct of a student which:

1. occurred on land or property owned, leased or occupied by the University (or entities it controls) or a University-affiliated residential college;
2. occurred using, or was facilitated by, the University's ICT resources or other University equipment;
3. occurred in relation to any academic or work experience or placement program which has a connection to the University;
4. occurred when the person was representing the University in any capacity;
5. relates to another member of the UQ community; or
6. otherwise has the potential to affect their suitability to continue as a student of the University having regard to:
   1. whether they may be trusted to comply with the Student Code of Conduct Policy; or
   2. the wellbeing and safety of members of the UQ community.

(6) This Policy and Procedure apply regardless of whether the conduct occurred: 

1. In the person's capacity as a student or in circumstances associated with their status as a student.
2. Before the commencement of this version of the Policy and Procedure.

(7) The Policy and Procedure apply regardless of whether an allegation notice was issued before the commencement of this version of the Policy and Procedure. Where an allegation notice was issued before the commencement of this version of the Policy and Procedure:

1. where the allegation has not already been determined – the Associate Director may refer the matter to a Misconduct Body under the Procedure; or
2. where the allegation has already been determined – the student may appeal the decision under the Procedure;
   1. if the student would have had an appeal available to the Senate Discipline Appeals Committee – to the University Misconduct Appeals Board; or
   2. otherwise – to the University Misconduct Board. 

(8) For the avoidance of doubt, the Associate Director has a discretion not to proceed in relation to an allegation of misconduct in accordance with this Policy and Procedure. 

Definitions

(9) The Dictionary in Section 6 defines particular words used in this Policy.

Section 2 - Misconduct

Prohibition on Misconduct

(10) Students must not engage in misconduct.

(11) Misconduct is defined in the Student Code of Conduct Policy and includes academic misconduct and general misconduct.

Procedures for Dealing with Misconduct

(12) The Associate Director will have primary responsibility for administering the procedures for dealing with misconduct. Given the volume of allegations of misconduct, Integrity Officers are also empowered to make particular decisions and take steps under the Policy and Procedure. Where so empowered, Integrity Officers may consult with the Associate Director on the making of decisions and taking of steps under the Policy and Procedure.

(13) The Associate Director or an Integrity Officer will decide how to deal with an allegation of misconduct in accordance with the Procedure.

(14) Where the Associate Director or an Integrity Officer decides to refer a matter to a misconduct proceeding, it will be heard and determined by a Misconduct Body in accordance with the Procedure (and where relevant, will include the imposition of a penalty permitted by the Policy).

(15) A student may appeal a final decision made by a Misconduct Body in accordance with the Procedure.

(16) Where a student decides to appeal a decision of a Misconduct Body, it will be heard and determined by an Appeal Body in accordance with the Procedure.

Conduct Register

(17) The Associate Director must ensure the Conduct Register is established and maintained, to record details required by this Policy and Procedure in relation to allegations and findings of misconduct.

Section 3 - Decision Making Bodies in Relation to Misconduct

(18) The purpose of this section is to constitute (or provide for the constitution of) bodies to make decisions under this Policy.

Authorised Persons

(19) The Associate Director must ensure that the following details relating to authorised persons are maintained on the Conduct Register:

1. their name;
2. whether they have:
   1. completed the Complaint and Misconduct Management Module; or
   2. been granted an exemption from the need to complete the module by the Academic Registrar;
3. the date they last completed the Complaint and Misconduct Management Module (if relevant);
4. the date they are due to complete the Complaint and Misconduct Management Module again (if relevant).

Constituting a Misconduct Committee

(20) The Associate Director or an Integrity Officer may:

1. constitute a Misconduct Committee as a Misconduct Body under this Policy by entering the name of the committee on the Conduct Register;
2. convene as many Misconduct Committees as are required, with staff members within a School, Faculty, across Faculties and centrally;
3. manage the allocation of matters to Misconduct Committees; and
4. in consultation with the relevant line Manager, manage the allocation of staff to Misconduct Committees.

(21) A Misconduct Committee can be constituted as:

1. a standing committee, constituted for an indefinite time; or
2. an ad hoc committee, constituted for a limited time. 

(22) A Misconduct Committee will comprise two authorised persons who are staff of the University, with one member to serve as the chairperson. 

(23) Both members of a Misconduct Committee are required to constitute a quorum.

(24) Members of a Misconduct Committee will endeavour to make consensus decisions. In the event both members cannot agree on a particular decision, the chairperson holds a casting vote.

(25) The Associate Director or an Integrity Officer may:

1. appoint authorised persons to serve on any Misconduct Committee.
2. appoint the chairperson of any Misconduct Committee.
3. remove or replace a member of a Misconduct Committee at any time.

(26) The powers in clause 25 can be exercised even whilst a disciplinary proceeding is being heard by a Misconduct Committee.

(27) The Associate Director must ensure that the following details relating to Misconduct Committees are maintained on the Conduct Register:

1. for each committee:
   1. its name (for example, the "Engineering Misconduct Committee").
   2. the date it was constituted.
   3. whether it was a standing committee or an ad hoc committee.
   4. its historical and current membership.
   5. the period during which each member served on the committee.
   6. where relevant, the date it was disbanded.
2. for each misconduct proceeding heard and determined by a committee:
   1. whether it was a standing committee or ad hoc committee.
   2. the names of members of the committee who heard and determined the misconduct proceeding, including any replacement authorised persons.

Constituting the University Misconduct Board

(28) The University Misconduct Board is established by this Policy as a standing committee of the University, constituted for an indefinite period of time.

(29) The University Misconduct Board will comprise: 

1. a Chairperson, who is a senior member of academic staff;
2. the member of academic board who has been elected as a member of Senate;
3. five further members of staff;
4. five students; and
5. any ad hoc members of staff, who are appointed for a limited time in accordance with clause 32(e).

(30) Three members of the University Misconduct Board, including the chairperson or acting chairperson appointed in accordance with clause 32(c), are required to constitute a quorum. A quorum for a misconduct proceeding cannot include any member that was involved in determining a misconduct proceeding from which the student is appealing. 

(31) Members of the University Misconduct Board will endeavour to make consensus decisions. In the event members cannot agree on a particular decision, decisions will be made by majority vote and the chairperson or acting chairperson holds a casting vote.

(32) The Deputy Vice-Chancellor (Academic) may:

1. appoint persons to serve on the University Misconduct Board for:
   1. in the case of a student – a 1 year period, with an option to serve for up to a 2 year period at the discretion of the Deputy Vice-Chancellor (Academic);
   2. in the case of a member of staff – a 2 year period, with an option to serve for up to a 3 year period at the discretion of the Deputy Vice-Chancellor (Academic);
2. appoint the chairperson of the University Misconduct Board;
3. in the event that the chairperson appointed under clause 32(b) is unavailable (including, without limitation, as a consequence of the chairperson having to recuse themselves due to a conflict or perceived conflict of interest either before or during a hearing) appoint another member of the University Misconduct Board (including an ad hoc member appointed in accordance with clause 32(e)) to act as the chairperson for a limited time or for a particular misconduct proceeding;
4. remove or replace a member of the University Misconduct Board at any time; and
5. appoint an additional ad hoc member to the University Misconduct Board for a particular misconduct proceeding, where considered necessary or appropriate to bring specialist skills, expertise and experience to bear in hearing the misconduct proceeding. The ad hoc member will enter into an employment contract with the University for the limited purpose of serving on the University Misconduct Board. The Deputy Vice-Chancellor (Academic) may determine that the ad hoc member will serve as chairperson of the Board for the hearing and determination of the misconduct proceeding.

(33) The powers of the Deputy Vice-Chancellor (Academic) in clause 32 can be exercised even whilst a misconduct proceeding is being heard by the University Misconduct Board.

(34) The Associate Director:

1. will ensure that a quorum is achieved to hear and determine all misconduct proceedings;
2. will use best endeavours to arrange for a student member to attend to hear and determine all misconduct proceedings (but a student member is not required in order for there to be a quorum); and
3. if there are insufficient members available to achieve a quorum in any case (including, without limitation, as a consequence of members having to recuse themselves due to a conflict or perceived conflict of interest either before or during a hearing), will request the Deputy Vice-Chancellor (Academic) to appoint a replacement member for the purpose of achieving a quorum to hear and determine the misconduct proceeding.

(35) The Associate Director must ensure that the following details relating to the University Misconduct Board are maintained on the Conduct Register:

1. its historical and current membership;
2. the period during which each member served on the board; and
3. for each misconduct proceeding heard and determined by the board, the names of members of the board who heard and determined the misconduct proceeding, including any replacement and/or ad hoc members.

Constituting the University Misconduct Appeals Board

(36) The University Misconduct Appeals Board is established by this Policy as a standing committee of the University, constituted for an indefinite period of time.

(37) The University Misconduct Appeals Board will comprise: 

1. a chairperson, who is a senior member of academic staff and not a member of a Misconduct Committee or the University Misconduct Board.
2. the President of the Academic Board.
3. five further members of staff.
4. five students; and
5. ad hoc members of staff, who are appointed for a limited time in accordance with clause 40(e) or clause 41(a).

(38) Four members of the University Misconduct Appeals Board, including the chairperson or acting chairperson appointed in accordance with clause 40(c), are required to constitute a quorum. A quorum for a misconduct proceeding cannot include any member that was involved in determining the misconduct proceeding from which the student is appealing. 

(39) Members of the University Misconduct Appeals Board will endeavour to make consensus decisions. In the event members cannot agree on a particular decision, decisions will be made by majority vote and the chairperson for the misconduct proceeding holds a casting vote.

(40) The Vice-Chancellor may:

1. appoint persons to serve on the University Misconduct Appeals Board for:
   1. in the case of a student – a 1 year period, with an option to serve for up to a 2 year period at the discretion of the Vice-Chancellor;
   2. in the case of a member of staff – a 2 year period, with an option to serve for up to a 3 year period at the discretion of the Vice-Chancellor;
2. appoint the chairperson of the University Misconduct Appeals Board;
3. in the event that the chairperson appointed under clause 40(b) is unavailable (including, without limitation, as a consequence of the chairperson having to recuse themselves due to a conflict or perceived conflict of interest either before or during a hearing) appoint another member of the University Misconduct Appeals Board (including an ad hoc member appointed in accordance with clause 40(e)) to act as the chairperson for a limited time or for a particular misconduct proceeding;
4. remove or replace a member of the University Misconduct Appeals Board at any time; and
5. appoint an additional ad hoc member to the University Misconduct Appeals Board for a particular misconduct proceeding, where considered necessary or appropriate to bring specialist skills, expertise and experience to bear in hearing the misconduct proceeding. The ad hoc member will enter into an employment contract with the University. The Vice-Chancellor may determine that the ad hoc member will serve as chairperson of the board for the hearing and determination of the misconduct proceeding.

(41) The Chairperson of the University Misconduct Appeals Board may:

1. appoint additional ad hoc members of staff to the University Misconduct Appeals Board for a particular misconduct proceeding.
2. remove or replace an ad hoc member of staff appointed under this clause at any time.

(42) The powers of the Vice-Chancellor in clause 40 and the powers of the chairperson of the University Misconduct Appeals Board in clause 41 can be exercised even whilst a misconduct proceeding is being heard by the University Misconduct Appeals Board.

(43) The Associate Director:

1. will ensure that a quorum is achieved to hear and determine all misconduct proceedings;
2. will use best endeavours to arrange for a student member to attend to hear and determine all misconduct proceedings (but a student member is not required in order for there to be a quorum); and 
3. if there are insufficient members available to achieve a quorum in any case (including, without limitation, as a consequence of members having to recuse themselves due to a conflict or perceived conflict of interest either before or during a hearing), will request the Vice-Chancellor or chairperson to appoint a replacement member for the purpose of achieving a quorum to hear and determine the misconduct proceeding.

(44) The Associate Director must ensure that the following details relating to the University Misconduct Appeals Board are maintained on the Conduct Register:

1. its historical and current membership;
2. the period during which each member served on the board; and
3. for each misconduct proceeding heard and determined by the board, the names of members of the board who heard and determined the misconduct proceeding, including any replacement and/or ad hoc members.

Section 4 - Penalties that May be Imposed for Misconduct

(45) The purpose of this section is to specify the penalties that can be imposed where there is a finding of misconduct by a Misconduct Body or an Appeal Body.

(46) A Misconduct Committee may impose one or more of the following penalties:

1. for general misconduct:
   1. suspend the student from the University for a specified period of time of 2 weeks or less.
   2. suspend the student from school, institute, library or information technology facilities or services for a specified period of time of 2 weeks or less;
   3. impose a probationary enrolment that is provisional on the student's good behaviour;
   4. a campus service order in accordance with clause 49 of this Policy;
   5. direct a student to pay compensation of not more than $1,000 to the University, in accordance with directions to be issued by the Associate Director;
   6. direct the student to take action or behave in a specified way that it considers is necessary or appropriate;
   7. direct the student to undertake remedial or educational activities;
   8. direct the student to undertake counselling;
   9. a written warning or reprimand;
2. for academic misconduct:
   1. any of the penalties referred to in clause 46(a);
   2. direct the student be allocated a mark for the student's assessment item, based on the portion of the assessment item that was unaffected by the academic misconduct;
   3. direct that the student be allowed to resubmit or amend an assessment item to achieve a mark no higher than the minimum "pass" mark for the item;
   4. direct the student to undertake replacement assessment to be awarded a grade no higher than a 4 for the course;
   5. direct the student to exclude the affected work from an honours/postgraduate coursework dissertation/thesis;
   6. direct the student to rewrite an honours/postgraduate coursework dissertation/thesis within a specified timeframe;
   7. direct there be a reduction in the total marks or final grade obtained by the student in the course in which misconduct occurred;
   8. direct the student receive a nil mark for the assessment item (or part thereof) affected by the academic misconduct;
   9. direct the student receive a fail grade for the course in which the academic misconduct occurred;
   10. direct the imposition of a limit on the grade the student may be awarded in the course, or piece of assessment in which misconduct occurred;
   11. annul a thesis examination report.

(47) Subject to clause 48, the University Misconduct Board may impose one or more of the following penalties:

1. any of the penalties referred to in clause 46(a) (for general misconduct or academic misconduct) or clause 46(b) (for academic misconduct);
2. refuse or cancel credit for any course;
3. revocation of an award;
4. suspension from the University (or any part of it) for a specified period of up to 5 years;
5. expulsion from the University.

(48) An Appeal Body may only impose a penalty that the Misconduct Body had power to impose at first instance.

Section 5 - Other Matters

Campus Service Orders

(49) A Campus Service order:

1. requires the student to perform campus service of not more than 30 hours without remuneration at the places and times, in the way and subject to the conditions the Misconduct Body imposing the order decides;
2. may include a direction that the student not be awarded a result in any assessment or receive or be granted credit for any course or program or receive any degree or other award of the University, until all service is completed to the satisfaction of the Misconduct Body;
3. is not complied with until the Misconduct Body considers that the service required has been satisfactorily completed; and
4. will not lead to an offer of employment to carry out similar services for the University in the future.

Withholding Results

(50) If a student has been given an allegation notice under the Procedure, the Academic Registrar may withhold the student's academic results until the misconduct proceeding (including an appeal) is finalised or until any penalty has been served or discharged to the satisfaction of the Academic Registrar.

Direction or Interim Suspension Issued by the Academic Registrar

(51) This section applies if there is a report of misconduct, concerning a student, under the Procedure. 

(52) The Academic Registrar may issue a written direction to the student, including (without limitation) to direct a student to leave the University's land (or a part of the University's land) (interim suspension), if the Academic Registrar considers it necessary to avert a substantial risk:

1. to the safety of persons;
2. of damage to property; or
3. of serious disruption of a University activity.

(53) Before imposing the interim suspension, the Academic Registrar will make a reasonable effort (having regard to the seriousness and urgency of the risks) to provide the student with an opportunity to explain why the suspension ought not to be imposed.

(54) The Academic Registrar must, as soon as practicable, give written notice of the suspension to the student (suspension notice).

(55) A suspension takes effect when the suspension notice is received by the student, or is reasonably expected to have been received by the student. Without limitation, the suspension notice can reasonably be expected to have been received by the student 24 hours after the suspension notice has been sent to the student's University email address.

(56) Subject to clause 57, a suspension ends if 28 days after the date of the suspension notice (notice end date) no allegation notice has been given to the student.

(57) The notice end date may be extended for up to a further 28 days by the Vice-Chancellor if a decision has not yet been made on whether to give the student an allegation notice.

(58) If an allegation notice has been given to the student by the notice end date, the suspension will continue until the misconduct proceeding (including any appeal) is finalised or it is lifted by the Academic Registrar.

(59) The power of the Academic Registrar to impose an interim suspension supports the good operation of the University having regard to an assessment of risk by the Academic Registrar. The decision to impose an interim suspension is not a determination or imputation that the allegations of misconduct have or will be proven.

(60) The Academic Registrar must end the suspension if satisfied that the risk that necessitated the suspension has passed. The student may request that the Academic Registrar exercise their power at any time during the misconduct proceeding.

(61) A decision of the Academic Registrar under this section is not subject to any appeal or review at the University.

Notices

(62) A notice to a student under this Policy is sufficient if it is in writing and is:

1. given to the student via the student’s University email address; or
2. posted by mail to the student at the address which was most recently advised by the student as their mailing address.

Refund of Fees for Suspension or Expulsion

(63) No fees paid by a student relating to a period when the student’s enrolment is cancelled under this Policy are refundable or repayable to the student.

(64) No fees paid by a student are refundable or repayable to the student when the student is suspended or expelled from the University under section 4 of this Policy.

Undischarged Penalties

(65) If a penalty imposed on a student under this Policy and Procedure remains outstanding, the Associate Director may issue a notice requiring the student to appear before the Misconduct Body or Appeal Body to review the original penalty or penalties imposed on the student and determine whether to impose a new and/or further penalty.

(66) The notice must include:

1. a description of the penalty or penalties that remain outstanding;
2. the date, time and location of the hearing;
3. a statement inviting the student to attend the hearing and advising that the student may be accompanied by a support person who is not a lawyer; and
4. a statement that the hearing may proceed in the student’s absence if the student does not attend the hearing.

(67) The hearing must proceed in accordance with the procedures described in clauses 34 to 42 of the Procedure.

(68) After considering any evidence presented by the student, the Misconduct Body or Appeal Body must review the appropriate penalty or penalties and may, in their discretion, impose any penalty or penalties available to the Misconduct Body or Appeal Body.

(69) As soon as practicable after the Misconduct Body or Appeal Body makes a decision, they must:

1. give the student a written notice of the decision, including reasons for the decision; and
2. give a copy of the written notice to the Associate Director.

(70) Despite clause 68, the University may, during the period in which any penalty imposed on a student remains outstanding:

1. refuse to release to the student the result for any assessment item completed by the student;
2. refuse to grant to the student credit for the completion of any course at the University; or
3. refuse to confer on the student an award for which the student is otherwise eligible.

(71) A student may apply to the Academic Registrar for the release of results, or the grant of credit or the conferral of an award, which will only be allowed in exceptional circumstances.

Section 6 - Dictionary

(72) In this Policy: