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(1) This document supports, should be read in conjunction with, and can only be applied as part of a process under the following: (2) An educative component imposed for a general misconduct finding must be specific, meaningful, and targeted to the conduct found. The educative components available are: (3) Generic conduct training is not sufficient where the conduct indicates a deeper or more specific issue. An educative component must not require an affected person to participate, and must be consistent with the trauma-informed commitments of the Student Misconduct Procedure. (4) Educative components for academic misconduct findings may include: (5) The educative component must be specific, meaningful, and targeted to the conduct found. Generic academic-integrity training is not sufficient where the conduct indicates a deeper or more specific issue. (6) In selecting a penalty, the decision-maker may have regard to mitigating factors, including: (7) In selecting a penalty, the decision-maker may have regard to aggravating factors, including: (8) Where the conduct in an academic matter involves the use of generative artificial intelligence, the decision-maker has regard to where the conduct sits on a spectrum of intent, from inadequate attribution or disclosure at the minor end, to the deliberate outsourcing of authorship, which is captured by the classification of conduct as no less than serious in the Student Misconduct Procedure. (9) For conduct automatically classified as no less than serious in the Student Misconduct Procedure, mitigating factors may operate to select a penalty within the serious-to-severe range but cannot reduce the classification below serious. (10) The decision-maker must act consistently with the principles of fairness, proportionality, and non-discrimination. The applicable anti-discrimination law comprises the Commonwealth anti-discrimination Acts, which apply nationally, together with the anti-discrimination statute of the jurisdiction in which the conduct occurred (the Anti-Discrimination Act 1992 (NT), the Anti-Discrimination Act 1977 (NSW), or the Equal Opportunity Act 1984 (SA)). For international students, the decision-maker also has regard to the obligations arising under the Education Services for Overseas Students Act 2000 (Cth) and the National Code of Practice for Providers of Education and Training to Overseas Students 2018. (11) An educative component must accompany every substantiated finding of misconduct unless the decision-maker records specific reasons why one is not appropriate. The educative component must be specific, meaningful, and targeted to the conduct found. (12) A penalty must be proportionate to the nature, extent, and gravity of the conduct found, the harm caused, and the circumstances of the student. Penalties may be combined where justified. (13) In selecting a penalty, the decision-maker has regard to any safety considerations arising from the matter, including the safety of any affected person, the student, and the University community, and selects any condition necessary to manage an identified risk. (14) Where, in determining a matter, the decision-maker forms a view about classification that differs from the classification on referral: (15) The decision-maker considers each factor in this Schedule and weighs those that apply holistically and not arithmetically; a mitigating factor may outweigh an aggravating factor, and an aggravating factor may outweigh a mitigating factor. In the written reasons, the decision-maker must: (16) Where an admission of responsibility or a statement of contrition has been taken into account, the written reasons must say so and state its effect on the penalty.Student Misconduct Penalty and Educative Response Schedule
Penalty matrix for student general misconduct
Classification
Decision-maker
Higher education (HE) outcome
Vocational education and training (VET) outcome
Educative component
Minor
Tier 1 – Senior Officer (SCCMU Manager)
Formal warning AND a mandatory educative component. The decision-maker may additionally impose a written direction as to future conduct for a specified period.
As for HE. Where the conduct occurred in, or affected, a work-based training or placement setting, the decision-maker may additionally require a structured conduct briefing before the student returns to placement.
Mandatory; selected from the general misconduct educative components list below.
Serious
Tier 2 – Discipline Lead, Dean, or equivalent (per Delegations Register)
Range. Floor: formal warning AND binding conditions on continued enrolment for a specified period, which may include a no-contact condition, a stay-away condition, or restriction of access to specified facilities, services, or activities. Ceiling: suspension of enrolment for a period up to and including 12 months AND restriction of access to specified facilities, services, or activities.
Range. As for HE. In addition, where the conduct occurred in, or affected, a work-based training or placement setting: the decision-maker may suspend or withdraw the student from the placement and, where the conduct bears on the student's suitability for the vocational outcome, refer the matter for consideration under any applicable fitness-for-placement process, which proceeds in parallel and is not a penalty under this Schedule.
Mandatory; selected from the general misconduct educative components list below.
Severe
Tier 3 – Student Misconduct Panel
Range. Floor: suspension of enrolment exceeding 12 months AND conditions on any future return, which may include no-contact and stay-away conditions. Ceiling: exclusion, or expulsion from the University and, where the conduct affects an award already conferred, determination that the award warrants revocation, referred to Council.
Range. As for HE. In addition: withdrawal from any work-based training or placement, notification to any affected placement host to the extent required, and referral under any applicable fitness-for-placement process, which proceeds in parallel and is not a penalty under this Schedule.
Mandatory unless specific reasons recorded; selected from the general misconduct educative components list below.
Educative components for general misconduct
Penalty matrix for student academic misconduct
Classification
Decision-maker
Higher education (HE) outcome
Vocational education and training (VET) outcome
Educative component
Minor
Tier 1 – Senior Officer (SCCMU Manager)
Formal warning AND one of: (a) mark reduction of up to 10% of the affected assessment item; (b) required resubmission with mark capped at the unit pass mark; or (c) zero mark for the portion of the assessment affected, with the unaffected portion marked normally.
Formal warning AND a determination of "Not Yet Competent" for the affected assessment task AND required reassessment within a reasonable timeframe specified by the Trainer or Assessor.
Mandatory; selected from the academic misconduct educative components list below.
Serious
Tier 2 – Discipline Lead, Dean, or equivalent (per Delegations Register)
Range. Floor: formal warning AND zero mark for the affected assessment item. Ceiling: failure of the unit AND suspension of enrolment up to 12 months AND restriction of access to specified facilities, services, or activities.
Range. Floor: formal warning AND "Not Yet Competent" for the affected assessment task AND required reassessment with no further attempts in the affected competency unit during the current enrolment period. Ceiling: “Not Yet Competent" for the entire competency unit AND suspension of enrolment up to 12 months.
Mandatory; selected from the academic misconduct educative components list below.
Severe
Tier 3 – Student Misconduct Panel
Range. Floor: failure of the unit AND suspension of enrolment exceeding 12 months. Ceiling: exclusion, or expulsion from the University and, where applicable, a determination that an award conferred warrants revocation, referred to Council.
Range. Floor: "Not Yet Competent" for the entire competency unit AND suspension of enrolment exceeding 12 months. Ceiling: exclusion or expulsion from the University and, where applicable, a determination that a qualification conferred warrants revocation, referred to Council.
Mandatory unless specific reasons recorded; selected from the academic misconduct educative components list below.
Educative components for academic misconduct
Factors considered in selecting a penalty