• Section 1 - Preliminary Matters
• Citation
• Commencement
• Principles
• Objects
• Definitions
• Interpretation
• Section 2 - Application and Relationship with University Instruments
• Application
• Supporting instruments
• Inconsistency
• Standard of proof and evidence
• Section 3 - Misconduct
• Meaning of misconduct
• Classification
• Section 4 - Immediate Response and Interim Measures
• Immediate response powers
• Interim measures
• Section 5 - Intake, Investigation, and Separation of Functions
• Centralised misconduct management
• Investigation
• Separation of functions and conflicts of interest
• Section 6 - Decision-making Structure
• Decision-making tiers
• Student Misconduct Panel
• Section 7 - Penalties and Educative Responses
• Available outcomes
• Penalty selection
• Effect of misconduct proceedings and penalty
• Breach of penalty or interim measure
• Section 8 - Student Rights, Complainant Rights and Procedural Fairness
• Rights of respondent students
• Rights of complainants and affected persons
• Confidentiality and privacy
• Section 9 - Review and Appeal
• Review of minor decisions
• Appeal of serious and severe decisions
• External avenues
• Section 10 - Concurrent and External Processes
• Concurrent processes
• External referral and reporting
• Criminal proceedings and self-incrimination
• Section 11 - Records, Reporting, and Accountability
• Registers and records
• Section 12 - Administration
• Training
• Notices
• Section 13 - Repeal, Savings, and Transitional Provisions
• Repeal
• Savings
• Transitional application of Policy, Procedure, and Schedule

Section 1 - Preliminary Matters

Citation

(1) These by-laws may be cited as the Charles Darwin University (Student Misconduct) By-laws 2026.

Commencement

(2) These by-laws commence on the later of:

1. the day on which they are made by Council; and
2. the day specified by Council by resolution.

Principles

(3) The following principles apply to all misconduct matters under these by-laws and their associated procedures:

1. Educative - the University's first response to suspected misconduct is to understand context and support learning. Significant or repeated misconduct will attract proportionate consequences. Both positions are held simultaneously.
2. Proportionate - the University's response must be proportionate to the nature and gravity of the misconduct, the student's prior history, and the impact on others.
3. Procedurally fair - students are entitled to timely notice of allegations, access to evidence relied upon, a reasonable opportunity to respond, impartial decision-makers, and written reasons for decisions.
4. Trauma-informed - processes are conducted with awareness of the potential for trauma, particularly in matters involving gender-based violence, harassment, or other significant harm. Staff involved in misconduct processes must be trained in trauma-informed practice.
5. Culturally safe - misconduct processes are conducted in a manner that is culturally safe and responsive to the needs of First Nations students and other students from culturally and linguistically diverse backgrounds. This may include access to a cultural support person and, where practicable and necessary, modification of standard procedural steps to support participation.
6. Consistent - the centralised investigation model ensures that comparable matters receive comparable responses regardless of faculty, discipline, or delivery mode.
7. Protection from adverse action - the University will make every reasonable effort to ensure that any person who reports suspected misconduct or participates in a misconduct process is protected from adverse action. Attempting to unduly influence a misconduct outcome or adversely affect a person who has made a report is itself misconduct.
8. Right to report - the right to make a complaint or report misconduct is fundamental to a safe and fair University community. The procedures under these by-laws address vexatious, frivolous, bad-faith, or unreasonable allegations and complainant conduct, but those provisions are not to be applied in a manner that discourages legitimate reporting.

(4) Nothing in these by-laws prohibits or discourages the lawful expression of opinion, academic freedom, or participation in lawful protest activities. Conduct that falls within the reasonable exercise of academic freedom and freedom of speech, consistent with the University's Academic Freedom and Freedom of Speech Policy, does not constitute misconduct.

Objects

(5) The objects of these by-laws are to:

1. establish the University's authority to manage student misconduct in a fair, consistent, proportionate, educative, culturally safe, and trauma-informed manner;
2. codify the University’s duty of care to provide a safe study, work, and research environment;
3. protect the safety, well-being, academic integrity, reputation, property, operations, and regulatory standing of the University;
4. authorise the making and application of the Student Misconduct Procedure, Student Misconduct Penalty and Educative Response Schedule and other operational protocols issued under these by-laws;
5. establish decision-making, review, appeal, delegation, interim-measure, record-keeping, and reporting powers for student misconduct matters; 
6. preserve procedural fairness and the separation of investigation, determination, and appeal functions; and
7. uphold the University’s commitment to ensure that students achieve their full academic potential, while being cognisant of the diverse backgrounds from which our students originate.

Definitions

(6) In these by-laws, unless the contrary intention appears:

1. Academic misconduct, conduct by a student that is contrary to academic integrity requirements, including conduct of a kind described in these by-laws, Student Misconduct Procedure, Academic Integrity Policy, or another University governance document.
2. Affected person, a person directly affected by alleged misconduct, including a complainant, where the alleged conduct was directed at that person.
3. Applicant, a person who has applied for admission, enrolment, credit, advanced standing, a transfer, or another student-related status with the University.
4. Authorised Officer, a staff member or other person authorised under these by-laws, the Student Misconduct Procedure, the Delegations Register, or an instrument made under these by-laws to exercise a function in relation to student misconduct.
5. Working day, a day other than a Saturday, Sunday, public holiday in the relevant jurisdiction, or University closedown day.
6. Complainant, a person who has lodged a complaint under a University complaints process about conduct that may also be considered under these by-laws.
7. Council, the Council of Charles Darwin University.
8. Decision-maker, a person or body authorised to determine whether misconduct is substantiated or to impose a penalty or educative response under these by-laws or an instrument made under these by-laws.
9. Delegations Register, the University instrument identifying positions or bodies authorised to exercise functions under these by-laws and related instruments.
10. Educative response, a non-punitive or corrective response intended to support learning, repair, reflection, academic integrity, community standards, professional expectations, or future compliance.
11. Expulsion, permanent removal from the University, subject only to any express readmission process approved by the University.
12. Exclusion, prohibition for a specified period on enrolment, re-enrolment, admission, attendance at University premises, access to University systems or facilities, or participation in specified University activities, subject to any conditions stated in the decision.
13. General misconduct, conduct by a student that is contrary to the standards expected of students and that is not academic misconduct, including conduct of a kind described in the  Student Misconduct Procedure, Code of Conduct - Students, or another University governance document.
14. Interim measure, a temporary measure imposed to manage risk pending finalisation of a misconduct matter and is not a penalty or finding of misconduct.
15. Misconduct, academic misconduct or general misconduct.
16. Penalty, a consequence imposed by the University in response to a substantiated finding of misconduct.
17. Procedure, the Student Misconduct Procedure as approved, amended, or replaced from time to time.
18. Referrer, a person or source notifying the University of suspected misconduct, including a Unit Coordinator, Trainer/Assessor, or other staff member; an external source such as a regulator, placement host, or other institution; an anonymous source; or a student in respect of their own conduct (self-disclosure). A referrer is a notifier and is not, by virtue of making a referral, an affected person or complainant for the purposes of these by-laws.
19. Schedule, the Student Misconduct Penalty and Educative Response Schedule, operating under the Procedure, as approved, amended, or replaced from time to time.
20. SCCMU, the Student Conduct and Complaints Management Unit, or any successor organisational unit responsible for student conduct and complaints management.
21. Student, a person who is enrolled at the University or with a partner organisation or third-party provider in a course, unit, training product, short course, pathway program, higher education program, vocational education and training program, research training component, placement, exchange, mobility activity, or other University activity. Student includes a former student where the alleged conduct occurred while the person was a student.
22. Student Misconduct Panel, the panel established under these by-laws for severe misconduct matters.
23. University, Charles Darwin University.
24. University activity includes teaching, learning, research training, assessment, examination, placement, work-integrated learning, clinical or professional experience, fieldwork, student accommodation, student association activity, online learning environment, University-affiliated event, University-supported event, or any activity conducted under the auspices of the University.
25. University premises, land, buildings, facilities, residential premises, vehicles, vessels, digital systems, online environments, partner premises, placement sites, or other places used for, controlled by, or connected with University activities.

Interpretation

(7) A reference to a person holding an office or position includes a person acting in, performing the duties of, or succeeding to that office or position.

(8) A function conferred on a person or body under these by-laws may be exercised by a delegate or authorised nominee where permitted by the Delegations Register.

(9) Nothing in these by-laws limits the University's powers under contract, property law, workplace health and safety law, child protection law, anti-discrimination law, privacy law, education regulation, professional accreditation requirements, or another applicable law.

(10) These by-laws must be interpreted consistently with procedural fairness, natural justice, academic freedom, freedom of speech, cultural safety, trauma-informed practice, and applicable law.

(11) Outcomes under these by-laws are disciplinary actions authorised by s.46(2)(r) of the Charles Darwin University Act 2003 (NT) (the Act) and are not penalties within the meaning of s.48 of the Act

Section 2 - Application and Relationship with University Instruments

Application

(12) These by-laws establish the University’s framework for managing student misconduct.  They are the principal instrument for addressing student misconduct and are supported by procedures that outline the operational steps for all such matters.  They aim to ensure incidents are dealt with consistently, fairly, and transparently and applies to misconduct by a student, former student, or applicant where the alleged conduct is connected to:

1. admission, enrolment, credit, advanced standing, assessment, progression, placement, conferral, certification, or another student-related status;
2. a University activity;
3. University premises or University-controlled digital systems;
4. another member of the University community by reason of that person's role at, or association with, the University;
5. a partner organisation, work-based training site, professional placement host, clinical environment, fieldwork site, research-training environment, or third-party provider; or
6. the University's functions, property, reputation, academic standards, regulatory obligations, safety obligations, or community standards.

(13) These by-laws apply whether the conduct occurs on campus, online, in person, in a workplace, in the field, in student accommodation, in a partner setting, overseas, or in another context connected with the University.

(14) These by-laws apply to individuals not yet enrolled when their conduct is linked to their application for admission, enrolment, credit, or advanced standing, including providing false, falsified, or fraudulent documentation or information. When such conduct is established, the University may take appropriate action, including refusing, cancelling, or revoking any admission, enrolment, credit, or advanced standing gained through that conduct.

(15) These by-laws apply even if the person is no longer a student when proceedings are commenced, continued, or finalised, provided the person was a student at the time of the alleged conduct. 

(16) These by-laws are applicable regardless of the elapsed time before the initiation of proceedings. The University considers the severity of the alleged conduct, the accessibility of evidence, and fairness to the individual when determining whether to proceed.

(17) These by-laws do not apply to:

1. potential breaches of the research components of higher degree by research programs, which are managed under the Responsible Conduct of Research Procedure; or
2. the conduct of employees, which is governed by the Code of Conduct - Employees and the applicable enterprise agreement. However, in cases where an individual simultaneously holds the status of both a student and an employee, such matters shall be addressed in accordance with the framework that is most directly relevant to the conduct in question.

Supporting instruments

(18) The Vice-Chancellor, or another authority specified in the University's governance framework, may approve, amend, replace, suspend, or revoke the Procedure and operational protocols, templates, workflows, instruments, or guidance supporting these by-laws.

(19) The by-laws, Procedure, Schedule, Student Misconduct Panel Terms of Reference, Student Appeals Committee Terms of Reference, Delegations Register, and approved operational protocols are instruments made for the purposes of these by-laws.

(20) The Procedure may prescribe operational requirements, including intake, triage, investigation, pathway selection, notices, evidence gathering, timeframes, support arrangements, interim measures, decision notices, review, appeal, record-keeping, and external referrals.

(21) The Schedule may prescribe classifications, penalty ranges, educative responses, automatic minimum classifications, aggravating factors, mitigating factors, VET and higher education outcomes, placement-related outcomes, and penalty-selection guidance.

Inconsistency

(22) If there is an inconsistency between these by-laws and the Procedure, Schedule, or another subordinate instrument, these by-laws prevail to the extent of the inconsistency.

(23) A proceeding, decision, penalty, review, appeal, or action under these by-laws is not invalid merely because of a vacancy, defect in appointment, minor procedural irregularity, or administrative error, unless the defect caused, or could reasonably have caused, practical unfairness or material error.

Standard of proof and evidence

(24) Findings of misconduct are determined on the balance of probabilities. A student's misconduct history does not serve as evidence for the current allegations.

(25) Previous misconduct, the seriousness of the allegations, and the possible repercussions for the student are not pertinent to the evidence or the standard of proof; however, they may be taken into account during the penalty assessment.

(26) A finding of misconduct must be based on credible evidence. This may encompass academic judgment; however, automated detection tools, including indicators for AI-generated content, are insufficient independently to substantiate such a determination.

(27) The University bears the onus of proving that the alleged conduct occurred. The student is not required to prove their innocence.

Section 3 - Misconduct

Meaning of misconduct

(28) Misconduct is conduct by a student that:

1. breaches, or is reasonably alleged to breach, any provision of these by-laws, the Code of Conduct - Students, Academic Integrity Policy, Procedure, Schedule, or another University governance document applying to students;
2. impairs the safety, wellbeing, dignity, rights, participation, work, study, research, assessment, or reasonable freedom of another person in the University community;
3. disrupts, obstructs, damages, or undermines University activities, University premises, University systems, University property, or the property of another person connected with the University;
4. compromises academic integrity, assessment integrity, research-training integrity, competency assessment, professional placement integrity, certification, admission, credit, advanced standing, or conferral;
5. involves dishonesty, fraud, falsification, impersonation, unauthorised assistance, contract cheating, facilitation or concealment of misconduct, or unauthorised use of technology or generative artificial intelligence in connection with assessment or University processes;
6. involves harassment, bullying, discrimination, vilification, hate-based conduct, stalking, coercive control, gender-based violence, violence, threats, retaliation, or other conduct that may cause harm;
7. breaches an interim measure, penalty, reasonable direction, condition of enrolment, undertaking, or University-imposed requirement;
8. brings, or is reasonably likely to bring, the University into disrepute where the conduct is connected with the person's status as a student or with University activities; or
9. otherwise falls within a category of academic misconduct or general misconduct prescribed by the By-laws, Procedure, or Schedule.

(29) Misconduct includes attempting, encouraging, inducing, assisting, facilitating, concealing, or retaliating in connection with misconduct by another student.

(30) Misconduct may consist of a single act, omission, pattern of conduct, repeated conduct, or aggregated conduct.

(31) Conduct is not misconduct merely because it involves lawful expression of opinion, academic freedom, freedom of speech, lawful protest, or participation in a University process, provided the conduct is consistent with applicable law and University governance documents.

Classification

(32) A substantiated finding of misconduct must be classified as minor, serious, or severe, reflecting the gravity of the conduct, having regard to the circumstances, and determines the tier at which the matter is decided.

(33) The classification determines the authorised decision-maker and available penalty range.

(34) An allegation that is not substantiated must be dismissed.

(35) The Procedure and Schedule may prescribe classification criteria, automatic minimum classifications, escalation rules, and matters relevant to classification.

Section 4 - Immediate Response and Interim Measures

Immediate response powers

(36) A staff member of the University may give a reasonable immediate direction to a student where the staff member reasonably believes the direction is necessary to manage an immediate risk to safety, order, assessment integrity, University property, University activities, or the rights of another person.

(37) An immediate direction may require the student to leave, cease specified conduct, comply with safety or order requirements, identify themselves, or refrain from conduct for the duration and circumstances prescribed by the Procedure.

(38) An immediate direction is not a finding of misconduct and is not a penalty.

(39) A person who gives an immediate direction must report the matter to SCCMU within the timeframe prescribed by the Procedure.

Interim measures

(40) Pending the resolution of a misconduct matter, the University may impose interim measures where reasonably necessary to protect the safety of any person, the integrity of the investigation, or the prevention of further alleged misconduct.

(41) An interim measure is not a finding of misconduct and is not a penalty.

(42) The procedures set out the necessity test, available measures, notice and review requirements, consideration of consequences for students who hold an Australian student visa, and delegations governing the imposition, variation, and lifting of interim measures.

Section 5 - Intake, Investigation, and Separation of Functions

Centralised misconduct management

(43) The Student Conduct and Complaints Management Unit (SCCMU) is the University’s centralised intake, triage, coordination, and investigation unit for misconduct matters unless Council or the Vice-Chancellor approves another arrangement.

(44) Anyone who suspects misconduct has been committed, must refer suspected misconduct to SCCMU and must not conduct informal investigations, seek substantive admissions, or impose penalties outside the process authorised by these by-laws and the Procedure.

(45) SCCMU may triage, dismiss, refer, investigate, resolve through an educative pathway, or present a matter to a decision-maker in accordance with these by-laws and the Procedure.

Investigation

(46) A formal investigation may be conducted where authorised in accordance with the Procedure.

(47) An investigation must be conducted impartially, proportionately, and in accordance with procedural fairness.

(48) A student who is the subject of an allegation must be given sufficient information about the allegation, evidence to be relied upon, possible consequences, and opportunities to respond before adverse findings are made.

(49) The Procedure may prescribe qualification, training, conflict-of-interest, evidence, interview, recording, confidentiality, and brief-preparation requirements for investigators.

(50) External investigators may be appointed where authorised under the procedure or by the Vice-Chancellor, including where independence, specialist expertise, capacity, conflict management, trauma-informed capability, or complexity requires external appointment.

Separation of functions and conflicts of interest

(51) The SCCMU may investigate, provide evidence, analysis, and recommendations to a decision-maker, but the decision-maker must determine whether misconduct is substantiated, the final classification, and any penalty or educative response.

(52) Decision-makers at any level must not conduct investigations. They may instruct the SCCMU to conduct further inquiries or gather additional evidence, but the conduct of such inquiries shall remain the responsibility of the SCCMU.

(53) The investigation, determination, and appeal functions must be carried out by different individuals in a matter unless explicitly allowed by these by-laws, provided that such differentiation does not cause practical unfairness. 

(54) A single individual should not perform more than one of the functions in (53) above, within the same matter.

(55) A decision-maker must not exercise authority under these by-laws in a matter in which the decision-maker has been involved as an investigator, witness, complainant, supervisor of the student, or in any other capacity that could give rise to an actual, potential or perceived conflict of interest or reasonably affect impartiality.

(56) Conflicts must be declared and managed in accordance with the Procedure and University governance requirements.

Section 6 - Decision-making Structure

Decision-making tiers

(57) Decisions about misconduct are made within a three-tier structure. The Delegations Register identifies the positions or bodies authorised to exercise Tier 1, Tier 2, Panel, interim-measure, review, and appeal functions. 

(58) Tier 1 decision-makers must be Authorised Officers authorised to determine allegations classified as minor, including the authority to dismiss such allegations, impose educative responses, and impose penalties prescribed for minor misconduct.

(59) Tier 2 decision-makers must be Discipline Leads, Deans, VET Team Leaders or their equivalent, authorised to determine allegations classified as serious. They may impose penalties available for serious misconduct, including suspension of enrolment for a period not exceeding 12 months.

(60) The Tier 3 decision-making authority is the Student Misconduct Panel, which has the authority to determine allegations classified as severe.  The Panel may impose penalties available for severe misconduct, including suspension exceeding 12 months, exclusion, expulsion, and may recommend that the revocation of an award or qualification be warranted for referral to the body authorised to revoke the award or qualification.

(61) A matter must be referred to the Student Misconduct Panel if the conduct, if proven, may warrant suspension for more than 12 months, exclusion, expulsion, or revocation of an award. The procedure outlines the referral mechanism.

(62) A decision-maker at any tier may refer a matter to: 

1. a higher tier where the matter is, in the decision-maker's view, beyond the appropriate scope of the tier, or where the decision-maker has a conflict of interest; or
2. an alternative person at the same tier where the decision-maker has a conflict of interest.

(63) A person who has imposed an interim measure or made a decision at any tier in a matter, is excluded from sitting as a member of the Student Appeals Committee in that matter.

Student Misconduct Panel

(64) The Student Misconduct Panel is established as the University's third-tier decision-making body for student misconduct matters.

(65) The Panel determines matters afresh on the evidence presented and is not bound by a prior recommendation, classification, or view.

(66) The Panel may impose any penalty available under these by-laws, the procedure, and the Schedule within the severe classification.

(67) Where the Panel determines that conduct warrants revocation of an award or qualification, the Panel must refer that determination to the University Council to revoke the award or qualification.

(68) The constitution, membership, quorum, chairing, training requirements, conflict of interest, voting, secretariat arrangements, hearing, and operational conduct for the Student Misconduct Panel are prescribed by these by-laws, Procedure, and Student Misconduct Panel Terms of Reference.

(69) The Panel is supported by a secretariat that is operationally separate from the SCCMU.

Section 7 - Penalties and Educative Responses

Available outcomes

(70) Where misconduct is not substantiated, the allegation must be dismissed.

(71) Where misconduct is substantiated, the decision-maker must impose one or more penalties or educative responses authorised by these by-laws and the Schedule.

(72) The available penalties are framed from least to most severe and include:

1. educative outcomes, including required completion of academic integrity modules or conduct training;
2. formal warnings;
3. reduced or zero marks for affected work, or required resubmission, in academic misconduct matters;
4. failure of a unit in academic misconduct matters;
5. restriction of access to specified University facilities, systems, services, activities, accommodation, placements, or persons;
6. suspension of enrolment for a specified period;
7. exclusion or expulsion from the University; and
8. referral for consideration of revocation of an award, qualification, credit, advanced standing, admission, enrolment, or certification; and
9. another outcome prescribed by the Schedule or Procedure.

Penalty selection

(73) Penalties and educative responses must be proportionate to the misconduct found, and may be combined where justified.

(74) An educative component must accompany every substantiated finding of misconduct unless the decision-maker records specific reasons why it is not appropriate in the circumstances. The educative component must be specific and meaningful, targeted to the nature of the conduct found.

(75) In selecting a penalty, the decision maker must consider the Student Misconduct Penalty and Educative Response Schedule.

(76) Suspension exceeding 12 months, exclusion, and expulsion may be imposed only by the Student Misconduct Panel. A determination that conduct warrants the revocation of an award conferred may be made only by the Student Misconduct Panel and is referred to the University Council for a decision on revocation.

(77) A decision-maker must not impose a penalty outside the decision-maker's authority or outside the range available for the classification unless the matter is referred to the appropriate tier.

Effect of misconduct proceedings and penalty

(78) A penalty imposed under these by-laws for serious or severe misconduct does not take effect until:

1. the time for lodging an appeal has expired without an appeal being lodged; or
2. where an appeal has been lodged, the appeal has been finally determined.

(79) Where misconduct proceedings are underway against a student who is a candidate for the conferral of a degree or other award, the award must not be conferred until the proceedings (including any review or appeal) are finalised and any penalty imposed has been satisfied, unless the Vice-Chancellor determines otherwise.

(80) Interim measures take effect on imposition, continue subject to the procedures, and are not affected by clauses (78) and (79).

Breach of penalty or interim measure

(81) A breach of a penalty imposed under these by-laws constitutes misconduct and may be dealt with in accordance with the applicable procedure. 

Section 8 - Student Rights, Complainant Rights and Procedural Fairness

Rights of respondent students

(82) A student who is the subject of a misconduct allegation has the right to:

1. be informed in writing of the allegation, the evidence relied upon, and the possible consequences;
2. a reasonable opportunity to respond before any finding is made;
3. an impartial decision-maker, free from conflict of interest;
4. a support person, advocate, or, where relevant, a cultural support person at any stage of the process;
5. an interpreter or reasonable adjustments where required;
6. access to University support services, including counselling, academic skills support, and student advocacy, during and after the process;
7. have the matter dealt with in a timely way;
8. written reasons for any finding and any penalty imposed; and
9. review of a Tier 1 decision and appeal of a Tier 2 or Panel decision.

(83) The rights set out in clause (82) apply at every tier and at every stage of a misconduct matter, subject to any modification expressly required by any interim measures imposed.

Rights of complainants and affected persons

(84) An affected person in a matter considered under these by-laws may, where appropriate, be eligible to:

1. be informed in writing of how the matter will be handled, including likely timeframes;
2. access to University support services, including counselling and student advocacy, during and after the process;
3. a support person, advocate, or, where relevant, a cultural support person at any stage of the process in which the affected person participates;
4. an interpreter or reasonable adjustments where required;
5. protection from adverse action; and
6. in matters involving alleged conduct directed at the affected person, an opportunity to provide an impact statement to the decision-maker for consideration at the penalty selection stage. An impact statement is an opportunity and not a precondition; a penalty may be selected without one.

(85) Following the resolution of a matter, to the extent permitted by privacy law, the Privacy and Confidentiality Policy, and the Student Misconduct Procedure, the University will communicate the outcome to the referrer(s) and affected person(s).

(86) An affected person is not required to participate in the misconduct process.

(87) A referrer does not, by virtue of making a referral, acquire the rights of an affected person. A referrer's recourse, where a referral is dismissed, is the right to a fresh-evidence re-referral set out in the applicable procedure. Where a referrer is also an affected person, the affected person's rights under this clause apply.

(88) The University will provide affected persons and, where relevant, complainants with information about external avenues of support and complaint, including the National Student Ombudsman (for higher education students), the Northern Territory Ombudsman (for VET students), and police where the conduct may constitute a criminal offence. Where a matter under these by-laws is brought to the University via a complaint, the complainant's rights regarding the outcome of the complaint are governed by the Complaints Policy - Students and its associated procedures.

Confidentiality and privacy

(89) The University's approach to confidentiality in misconduct matters is designed to protect the integrity of the process and the privacy of those involved, while preserving each person's right to seek support and to discuss their own experience.

(90) The University will treat the following information as confidential, subject to the permitted disclosures under these by-laws:

1. the identity of any person who reports suspected misconduct, where confidentiality has been requested;
2. the identity of any witness, where confidentiality has been requested;
3. the substance of evidence and submissions made in the course of a matter;
4. the deliberations of any decision-maker; and
5. the records of misconduct matters, including findings and penalties, except as published in aggregate form as required by law.

(91) A student who is involved in a misconduct matter (whether as a respondent, complainant, witness, or other participant) may, at any time and without seeking the University's permission, discuss their own experience with:

1. family members, friends, and other personal supports of their choosing;
2. health professionals, including counsellors, medical practitioners, and mental health practitioners, whether internal or external to the University;
3. lawyers and other legal advisers;
4. student advocates, including the CDU Student Council;
5. the National Student Ombudsman, the Australian Skills Quality Authority, the Northern Territory Ombudsman, police, and other government agencies; and
6. any trusted adviser, including academic staff, where the discussion is for the purpose of seeking support.

(92) Any confidentiality obligations imposed on a student in connection with a misconduct matter end upon the conclusion of the matter, including any review or appeal. The notice of outcome provided to the student must state the date on which confidentiality obligations end and confirm that the student is released from those obligations and is free to discuss what occurred during the process. This clause does not affect the University's continuing obligations of confidentiality and privacy.

(93) The Privacy and Confidentiality Policy outlines the University’s approach to protecting personal privacy and information, including situations where information may be disclosed

Section 9 - Review and Appeal

Review of minor decisions

(94) A Tier 1 decision made by an Authorised Officer may be challenged by way of an intra-procedural review, on the grounds and within the timeframes set out in the procedure. 

(95) The review must be conducted by an independent Tier 2 decision-maker who has no prior decision-making or investigative involvement in the matter.

(96) A discretionary stay of the penalty pending review may be granted by the reviewing Tier 2 decision-maker.

Appeal of serious and severe decisions

(97) A person may appeal a Tier 2 or Student Misconduct Panel decision to the Student Appeals Committee (SAC) in accordance with these by-laws and the Student Misconduct Procedure.

(98) The grounds of appeal to the Student Appeals Committee are:

1. procedural unfairness in the conduct of the matter;
2. new evidence of significance that was not reasonably available at the time of the decision;
3. that the decision was manifestly unreasonable on the evidence; or
4. that the penalty imposed was disproportionate to the conduct found.

(99) A penalty imposed in a Tier 2 or Panel decision is stayed pending the appeal.

(100) The Student Appeals Committee may confirm, vary, set aside, substitute, remit, or otherwise deal with the decision in accordance with its Terms of Reference and these by-laws.

(101) The constitution, powers, and procedures of the Student Appeals Committee are set out in the Student Appeals Committee Terms of Reference.

External avenues

(102) The Student Appeals Committee is the final internal avenue of appeal for serious and severe misconduct matters. A student may appeal externally:

1. to the National Student Ombudsman, for higher education students; and
2. to the Northern Territory Ombudsman, for VET students.

(103) Nothing in these by-laws prevents a student, complainant, affected person, or other person from seeking external review, complaint, advice, or assistance from an external body where available by law or policy.

Section 10 - Concurrent and External Processes

Concurrent processes

(104) A misconduct matter under these by-laws may proceed concurrently with, and independently of, any criminal, civil, regulatory, or external complaint process, and does not preclude the University from referring a matter to external authorities, including law enforcement. 

(105) The University reserves the right to suspend or resume internal proceedings as necessary to prevent prejudice to other external processes, ensure safety, or comply with legal or regulatory obligations, and must notify the student in writing.

(106) A stay of the substantive misconduct matter does not automatically lift an interim measure.

External referral and reporting

(107) The University may refer or report a matter externally, where authorised or required by law, contract, professional accreditation, or University governance documents.

(108) The Procedure may prescribe mandatory reporting, sign-off, approval, student notification, complainant consultation, and record-keeping requirements for external referrals.

Criminal proceedings and self-incrimination

(109) Where a misconduct matter relates to conduct that is, or may become, the subject of a criminal investigation or prosecution:

1. the student may decline to answer specific questions where the student reasonably believes that the answer could potentially incriminate them in the criminal matter;
2. no adverse inference will be drawn from a refusal under (a) in itself; the matter will be determined on the evidence available; and
3. the student may request that the misconduct proceedings be stayed pending the resolution of the criminal matter, in accordance with the procedures.

Section 11 - Records, Reporting, and Accountability

Registers and records

(110) SCCMU, on behalf of the University, must maintain accurate, complete and confidential records and registers of misconduct matters in accordance with the Records and Information Management Policy and Procedure, the University’s retention and disposal schedules, and applicable Northern Territory records legislation.

(111) Records may be used for pattern detection, classification, penalty selection, reporting, quality assurance, regulatory reporting, support coordination, and continuous improvement, subject to privacy and confidentiality requirements.

Section 12 - Administration

Training

(112) A person must not exercise investigation, decision-making, Panel, review, or appeal functions under these by-laws unless the person has completed training required by the By-laws, Procedure, or Vice-Chancellor, or is acting under an approved supervised arrangement.

Notices

(113) A notice or document under these by-laws may be given by email to the student's University email account, personal email account recorded by the University, case management system, learning management system, post, personal delivery, or another method prescribed by the Procedure.

(114) A notice is taken to be given at the time prescribed by the Procedure or, if not prescribed, when it would reasonably be received in the ordinary course of the method used.

Section 13 - Repeal, Savings, and Transitional Provisions

Repeal

(115) The Charles Darwin University (Student Conduct) by-laws, and any other by-laws or rules inconsistent with these by-laws to the extent of the inconsistency, are repealed on commencement of these by-laws.

Savings

(116) Any misconduct matter commenced before the commencement of these by-laws may continue under the instrument under which it commenced, unless the University determines that these by-laws should apply and doing so would not cause procedural unfairness.

(117) Any suspension, exclusion, expulsion, direction, undertaking, penalty, condition, interim measure, decision, appeal, record, or action validly made or taken before commencement continues to have effect as if made or taken under these by-laws, to the extent consistent with these by-laws.

(118) Any person appointed, authorised, or delegated under a repealed or replaced instrument continues to hold equivalent authority under these by-laws until replaced, revoked, or amended.

Transitional application of Policy, Procedure, and Schedule

(119) The Student Misconduct Procedure, Student Misconduct Penalty and Educative Response Schedule, Student Misconduct Panel Terms of Reference, and Student Appeals Committee Terms of Reference in force on commencement of these by-laws are taken to be instruments made under these by-laws, until amended or replaced.