(1) Charles Darwin University (‘CDU’, ‘the University’) endeavours to provide a safe and secure residential community environment which is conducive to academic achievement and intellectual enquiry. Each residential complex houses a diverse mix of students from various socio-cultural backgrounds and encourages living in harmony and being academically and socially successful. (2) The University residences promote high standards of personal conduct and behaviour of its residents and guests at all times. (3) This policy outlines the positive standards of behaviour expected within the University’s residential community, and the process for managing unacceptable behaviour and resolving incidents and allegations of resident misconduct at (4) This policy applies to students, staff and other persons who may from time to time reside in any hall of residence or accommodation facility established or provided by the University. (5) The safety and wellbeing of staff, students and residents are of the upmost importance to the University, and all members of the University community share the responsibility for appropriate conduct and reputation of the University. (6) The University Residences are a living, study and work environment and all staff, residents and guests have the right to: (7) Each resident living in a University residence is obliged to act responsibly, with honesty, respect, and integrity during their interactions with others as not to affect the living and study environment of others, or cause injury or harm, nuisance, or annoyance to any other person. In doing so, the University expects individuals who may be using University residences, facilities, and services or who are participating in other (8) Compliance with this policy is a condition of residing at any University residence and visitors and guests are also expected to comply with this document. (9) Any breaches to this policy may result in disciplinary action and/or constitute misconduct and will be managed under this policy. Residents who are students or staff of the CDU may also have penalties applied under related policies, such as the Code of Conduct - Students which may include (10) Unacceptable behaviour such as displays or involvement in disorderly or undesirable conduct that impedes the normal functioning of the University’s residential services, facilities or activities will not be tolerated. (11) Staff members, including (12) Where safe to do so, staff members will address the unacceptable behaviour of a resident or guest in the following steps: (13) An individual who disregards the request of a staff member and continues to exhibit unacceptable behaviour, or where the unacceptable behaviour is considered to require a higher level of response, the matter will be referred to the Residence Manager and may be managed as Misconduct. (14) In volatile, dangerous, or unstable situations, it may be necessary to seek an interim suspension of a resident to avert: (15) The Residence Manager or nominee is responsible for managing incidents and allegations of misconduct at a University residence. (16) Residents who are involved in an allegation of misconduct can involve a support person at any stage of the process (who can attend meetings). (17) A staff member or resident can make an allegation of misconduct to the Residence Manager. (18) Based on the information provided, the Residence Manager will immediately conduct preliminary investigations in order to decide whether to proceed with a misconduct allegation. (19) After a preliminary investigation, the Residence Manager will decide whether a breach occurred, taking into account all of the evidence received and on the balance of probabilities, and subsequently determine how to proceed which may include: (20) A resident who is the subject of an allegation of misconduct, will be notified in writing: (21) The resident is required to complete and submit a written incident report prior to this meeting and must be present at the review meeting, either in person or via electronic means. (22) If the resident or support person becomes unavailable to attend at the agreed date and time, the Coordinator Residence Services may decide to reschedule, or if the resident cannot be present, proceed in their absence. (23) The staff member or resident who referred the allegation of misconduct may be present at the meeting to outline the reasons for the allegation of misconduct and to provide any further information that may be required. (24) The Coordinator Residence Services will make a thorough inquiry into the allegation of misconduct based on oral evidence, signed incident reports and other documentary evidence from the resident and any other persons who may have been involved in the situation or witnessed the incident about the allegation. (25) Following the enquiry, the Coordinator Residence Services will make a finding to: (26) The Coordinator Residence Services will advise the resident in writing or by e-mail within ten (10) working days where: (27) For serious allegations of misconduct, the Residence Manager, will advise the resident in writing or by e-mail of the determination within ten (10) working days, outlining: (28) The penalty amount imposed for misconduct will not exceed ten (10) penalty units. The Penalty Units Act 2009 sets the value of a penalty unit. (29) Examples of misconduct and the applicable penalty level the Residence Manager may impose includes, but is not limited to: (30) A resident may lodge an appeal to the Vice-Chancellor in writing within 7 days of receiving notification of the Residence Manager's determination, outlining the reasons for the appeal (31) An appeal will only be accepted where one or more of the following conditions have been met: (32) Residents who proceed with an appeal, may have the outcome of the appeal replace the original penalty, which may be more lenient or harsher than the original penalty. (33) The Vice-Chancellor or delegate will make a thorough review of the allegation and the determination of the Residence Manager. The Vice-Chancellor or delegate may review documentation, seek clarification, or request further information in support of its deliberations. (34) The Vice-Chancellor or delegate will then decide on the appeal outcome based on the evidence to hand. Where there is conflicting evidence, they may make a determination based on the balance of probabilities. (35) The Vice-Chancellor's decision must be formally conveyed to the resident, via written notification within seven (7) working days of having received the appeal, outlining the outcome of the review, a rationale for the decision. (36) All decisions of the Vice-Chancellor are final. (37) A copy of the decision and any associated recommendations will be sent to the Residence Manager. This information will be kept on file and may be referred to in assessing future applications for residency. (38) If a student is dissatisfied with the outcome of the appeal to the Vice-Chancellor, the student may refer the matter to an an appropriate external organisation, which depending upon the nature of the complaint could include the Ombudsman NT. (39) The University Residence Manager will aggregate data to monitor, review and report on allegations of misconduct periodically to the Student Policy and Complaints team for referral to relevant management and governance committees to identify common themes, trends, and drive improvements. (40) All Records relating to investigations of misconduct and/or requests for review will be kept separately from Academic Records. (41) Files will be disposed of according to the relevant University Retention and Disposal Schedules. (42) Non-compliance with Governance Documents is considered a breach of the Code of Conduct – Staff or the Code of Conduct – Students, as applicable, and is treated seriously by the University. Reports of concerns about non-compliance will be managed in accordance with the applicable disciplinary procedures outlined in the Charles Darwin University and Union Enterprise Agreement 2022 and the Code of Conduct – Students. (43) Complaints may be raised in accordance with the Code of Conduct – Staff and Code of Conduct - Students. (44) All staff members have an individual responsibility to raise any suspicion, allegation or report of fraud or corruption in accordance with the Fraud and Corruption Control Policy and Whistleblower Reporting (Improper Conduct) Procedure.University Resident Conduct Policy
Section 1 - Preamble
Section 2 - Purpose
Section 3 - Scope
Top of PageSection 4 - Policy
Managing unacceptable behaviour
Misconduct
Allegations of misconduct
Review by the Coordinator Residence Services
Notification
Penalties
Level 1 Breach
Level 2 Breach
Level 3 Breach
The level to be determined by the Residence Manager
X
X
Eviction from Residence
Excessive lockouts
X
X
X
Littering
X
X
Eviction from Residence
Graffiti
X
X
Eviction from Residence
Abusive or offensive behaviour
Possible Eviction
X
X
Harassment
Possible Eviction
X
X
Bullying
Possible Eviction
X
X
Possession or use of illicit drugs
Possible Eviction
X
X
Possession or use of weaponry
Possible Eviction
X
X
Vandalism
X
X
X
Glass in pool area
X
X
Eviction from Residence
Smoking inside buildings or within 2m of a doorway
X
X
Eviction from Residence
Poor kitchen hygiene
X
X
Eviction from Residence
Leaving key in air conditioner switch when room is unoccupied
X
X
Eviction from Residence
Unauthorised use of personal images
X
X
Eviction from Residence
Failure to follow a reasonable direction given by the Residence Manager or University Staff Member
X
Eviction from Residence
X
Vandalism of, damage to, safety equipment
Possible Eviction
Eviction from Residence
X
Theft (when police action is not pursued)
Possible Eviction
Eviction from Residence
X
Physical violence
Possible Eviction
Eviction from Residence
X
Appeal
External avenues
Reporting
Retention of documentation
Top of PageSection 5 - Non-Compliance
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A Level 1 Breach will not exceed two (2) penalty units and may be applied for a first offence (other than in an instance of serious misconduct), after or in addition to, a resident being issued with a formal warning.
A Level 2 Breach will not exceed four (4) penalty units and may be applied for repetitions of the same or similar instances as in a Level 1 Breach. Once a resident has received a penalty for a Level 2 Breach for the same or similar offence, any subsequent misconduct however minor may result in removal from the residence, or, at the discretion of the Residence Manager, a penalty consistent with a Level 3 Breach.
A Level 3 Breach will not exceed ten (10) penalty units and may be applied in circumstances where, in the opinion of the Residence Manager, the misconduct is such that the offending resident should be given a chance to redeem themself, rather than face immediate eviction. This may include instances that are of an extremely serious nature such as physical violence or behaviour that places the safety and wellbeing of other residents and/or staff members at risk.
Example of misconduct
Level 1 Breach
(Up to 2 penalty points)
Level 2 Breach
(Up to 4 penalty points)
Level 3 Breach
(Up to 10 penalty points)
Excessive noise