ÁñÁ«ÊÓƵ

Intent

This Student Code of Conduct provides a clear statement of the ÁñÁ«ÊÓƵ’s expectations of students in respect of academic, personal and professional behaviour. All students must meet these standards of behaviour as they participate in ÁñÁ«ÊÓƵ activities and when they interact with other students, staff, and other members of the ÁñÁ«ÊÓƵ Community. This Code provides a structure for the development and management of student conduct in order to promote high levels of professional behaviour and ethical standards within the ÁñÁ«ÊÓƵ and to resolve breaches of the Student Code of Conduct fairly, promptly and efficiently.

Scope

All students undertaking study or research with James Cook ÁñÁ«ÊÓƵ in respect of all actions and activities (including inaction or inactivity) relating to, or impacting on, the ÁñÁ«ÊÓƵ or its students and staff, affiliates, volunteers, contractors or visitors. This includes on-campus activities, ÁñÁ«ÊÓƵ or student-related activities at other sites (including, for example, during placements, field trips or exchange programs, or online).

Definitions

Except as otherwise specified in this Policy, the meaning of terms used in this Policy are as per the Policy Glossary

Principles

Students studying at James Cook ÁñÁ«ÊÓƵ are expected to:

• allow others to pursue their studies, research, duties, community engagement and other lawful ÁñÁ«ÊÓƵ activities, in an environment of Academic Freedom, critical and open inquiry where every person has the right to hold an opinion without interference and has the right to freedom of expression which includes the freedom to seek, receive and impart information and ideas of all kinds (in accordance with the Academic Freedom and Freedom of Speech Policy);
• act in a manner where tolerance, honesty, inclusivity and respect are the basis of the ÁñÁ«ÊÓƵ community and where every person has the right of peaceful assembly and to associate with others;
• uphold high academic standards, intellectual rigour and ethical behaviour to maintain the ÁñÁ«ÊÓƵ’s academic integrity;
• act in a reasonable and sustainable manner to ensure that ÁñÁ«ÊÓƵ facilities, property and services are used appropriately and available to other students to share and utilise and which minimises environmental impact; and ensure that the reputation of the ÁñÁ«ÊÓƵ is upheld.

Obligations and Expectations

Obligation of personal responsibility

Students will:

• read and comply with their admission conditions and the ÁñÁ«ÊÓƵ's policies, procedures, guidelines and ethical requirements;
• read and comply with their subject and course requirements (including their Student Contract); take responsibility for their own education and direct their own learning;
• monitor their academic progress;
• act with professional integrity when undertaking placement and other work integrated learning/experience and/or engagement activities associated with their course;
• raise issues or concerns with the ÁñÁ«ÊÓƵ in a timely manner; and
• take responsibility for seeking support and/or assistance from JCU academics and / or support services when required.

Obligation to act with honesty and integrity

Students will:

• uphold academic and research integrity;
• conduct themselves appropriately when representing the ÁñÁ«ÊÓƵ within the community;
• abide by relevant ethical requirements;
• share responsibility for the success of the ÁñÁ«ÊÓƵ and take a proactive role in its endeavours and activities;
• not make or publish false statements relating to the ÁñÁ«ÊÓƵ;
• avoid using the ÁñÁ«ÊÓƵ's name, intellectual property, crest or resources for private or business purposes without appropriate authorisation;
• not engage in fraudulent or corrupt behaviour, including the impersonation of another person or use of forged, false, falsified or incomplete evidence of academic standing or immigration status or any other relevant matter in order to gain or maintain admission;
• declare conflict of interest matters or a matter which has the potential to influence decisions in their interest, or declare a matter which could be perceived to influence decisions in their interest;
• report a breach of the Code if they reasonably believe that they have observed a breach;
• and not engage in unlawful behaviour.

Obligation of respect and fairness

Students will:

• treat other students, staff, affiliates and volunteers with respect and fairness;
• avoid discriminatory conduct on grounds such as gender, sexuality, race, ability, cultural and social background, religion, age or political conviction;
• be responsible for what they write and disseminate through all forms of social media maintaining respect for their audience and respect for copyright;
• not engage in conduct which may objectively be considered as harassment or bullying, vilifying or abusive;
• respect the privacy of others in the collection, use or access of personal information whilst undertaking studies; not disclose information identified as confidential concerning any matter relating to the ÁñÁ«ÊÓƵ;
• avoid disrupting or interfering with any teaching, learning, research or other academic activity of the ÁñÁ«ÊÓƵ;
• consider their responsibilities and the consequences when exercising their freedom of expression;
• support legitimate academic debate;
• not impair the rights of others to participate in any legitimate ÁñÁ«ÊÓƵ activity; and
• not encourage, persuade or incite others to engage in conduct or behaviour constituting misconduct in accordance with ÁñÁ«ÊÓƵ policies and procedures.

Obligation to ensure safety and to respect property

Students will:

• not endanger, or potentially endanger, the safety or health of others;
• not cause harm to others, including students, staff, affiliates and volunteers whilst on ÁñÁ«ÊÓƵ premises or ÁñÁ«ÊÓƵ authorised activities;
• conform to the ÁñÁ«ÊÓƵ’s requirements for working with humans, animals and biohazards;
• not participate in any learning, research or engagement activity conducted by the ÁñÁ«ÊÓƵ (including placements and field trips) or authorised to be held on any ÁñÁ«ÊÓƵ premises while under the influence of alcohol or any prohibited substance;
• not use, possess or supply a prohibited weapon or any prohibited substance at ÁñÁ«ÊÓƵ premises;
• use ÁñÁ«ÊÓƵ property and resources, including communication technology resources, cooperatively, legally, sustainably, ethically and appropriately;
• respect the property rights of others, including students, staff, affiliates, volunteers and visitors whilst on ÁñÁ«ÊÓƵ premises; and
• comply with any reasonable request or directions from ÁñÁ«ÊÓƵ staff with regard to safety or compliance with policy, procedure or ethical requirements, or to provide name or age or show proof of identity or age or student identity card

Compliance with the Student Code of Conduct

The ÁñÁ«ÊÓƵ is committed to providing students with access to education and training in relation to the requirements of this Code. Where uncertain about the Code’s application or interpretation, students should consult with their Academic Head or College Dean.

Failure to comply with the Code may lead to disciplinary action, and in serious cases may lead to termination of Admission or Candidature and/or criminal prosecution.

Breaches of the Code of Conduct

Students are expected to uphold the Student Code of Conduct or they will be subject to relevant policy and procedures for breaches of the Code. Where a breach of the ÁñÁ«ÊÓƵ’s policies and procedures also breaches the law, JCU may also report the criminal activity to the police.

JCU has a duty of care to ensure a safe learning environment for all members of the ÁñÁ«ÊÓƵ community and is obliged to take immediate action where a student’s behaviour is inappropriate. Authorised persons can arrange for the immediate removal of students causing disturbances that hinder or interfere with any lawful activities conducted on the ÁñÁ«ÊÓƵ grounds, or which disrupt any teaching activity, examination or official meeting of the ÁñÁ«ÊÓƵ.

The ÁñÁ«ÊÓƵ may, to prevent breaches of this Code, issue directions to a student regarding their future behaviour consistent with the requirements of this Code.

JCU reserves the right to administer the relevant policy or procedure and proceed with the investigation/inquiry even if the student withdraws from the ÁñÁ«ÊÓƵ, is no longer enrolled, or subsequently fails to meet the definition of a student while a disciplinary matter is pending.

The ÁñÁ«ÊÓƵ’s Behaviour Risk Group may also provide early intervention, assessment, and management advice to relevant decision makers regarding matters relating to inappropriate, concerning, or threatening behaviours. Where evidence of misconduct is found, or a pattern of behaviour becomes evident, the student will be referred to the appropriate Officer for decision under the requisite conduct policies; and/or to an external organisation or agency.

Decision making

Matters relating to student conduct will be determined by the appropriate Delegation as defined in the Academic and Student Delegations Register, where the Delegation is conflicted the ‘one up rule’ will be applied. In most cases, delegation on matters of misconduct are held by the Academic Head, Dean of College, or Director Student Services.

Reporting Misconduct

A report on student misconduct may be made through a variety or mechanisms including directly to the Academic Head, College Dean, a report to JCU Security or by formal complaint through the Student Complaint Management Policy and Procedures.

The report of misconduct must:

• provide sufficient details of the alleged misconduct; and
• describe clearly the obligations that are alleged to have been breached.

Other Policies of the ÁñÁ«ÊÓƵ also set out expectations of behaviour (e.g. the Social Media Policy, Bullying, Discrimination, Harassment and Sexual Misconduct Policy, ICT Acceptable Use Policy, Library Use Policy amongst others). Any breach of the conduct aspects of those Policies are managed through the academic, professional or general misconduct procedures stipulated. The nature of the alleged misconduct determines the procedure to be used.

Any person make an allegation of misconduct which is frivolous, false, or has malicious purposes in raising the alleged misconduct may themselves be subject to misconduct procedures.

Procedural Fairness

Students responding to an allegation of misconduct can expect:

• a copy of, all relevant documents relating to the alleged misconduct;
• to have a  reasonable  opportunity  to  appear  before  the person considering the matter to answer the allegations;
• to be  accompanied by a Representative or Support Person in any meetings with the person considering the matter; and
• support such as counselling/ or advocacy, this may include academic and other support.

Penalties

The misconduct penalty level description is at Appendix 1. Indicative penalties for misconduct in academic, personal and professional behaviours are identified at Appendix 2, 3 and 4 respectively.

Appeals

Where a student has identified appropriate grounds for an appeal in terms of procedural fairness, an appeals committee will be constituted in accordance with the Student Appeals Policy.

Timeframes

All allegations of breaches of the Student Code of Conduct will be managed under the relevant Misconduct Procedure which includes timeframes for allegations, response by student, notification of decision by the person considering the matter, and appeal processes.

Confidentiality

Matters relating to allegations and hearings associated with breaches of the Student Code of Conduct will be treated as confidential in the strictest privacy as applicable noting the ÁñÁ«ÊÓƵ may have notification obligations to external agencies. Outcomes of appeal hearings will be recorded on the academic record of the student and held confidentially on file in the Student Management System.

Where students are required to meet professional requirements, only the outcomes of relevant breaches to the Student Code of Conduct will be reported to official bodies (such as the Australian Health Practitioner Regulation Agency (AHPRA). If breaches of the Student Code of Conduct are also breaches of the law, JCU may also report the criminal activity to the police.

Related policy instruments

Academic Misconduct Procedure

Student General Misconduct Procedure

Student Professional Misconduct Procedure

In addition:

Academic Freedom and Freedom of Speech Policy

Bullying Discrimination, Harassment and Sexual Misconduct Policy

Compliance Policy

HDR Requirements

Digital Technologies Acceptable Use Procedures

Incident Management Policy

JCU Reconciliation Action Plan

Learning, Teaching and Assessment Policy

Library Use Policy

Review of a Student’s Suitability to Continue a Course Involving Placement

Risk Management Policy

Social Media Policy

Student Complaints Management Policy and Procedures

Work, Health and Safety Policy

Schedules/Appendices

Appendix 1 Misconduct penalty level description

Appendix 2 Student Academic Misconduct penalties

Appendix 3 Student General Misconduct penalties

Appendix 4 Student Professional Misconduct penalties

Related documents and legislation

The listing below is not meant to be exhaustive and contains key legislation and standards as updated from time to time:

Administration

NOTE: Printed copies of this policy are uncontrolled, and currency can only be assured at the time of printing.

Approval Details

Revision History