1. Statute No. 1 - The Council
2. Statute No. 2 - Elections
3. Statute No. 3 - The Chancellor and Deputy Chancellor
4. Statute No. 4 - Vice Chancellor and Deputy Vice Chancellor
5. Statute No. 5 - Qualifications required for admission to any Program provided by the University
6. Statute No. 6 - Fees
7. Statute No. 7 - Student misconduct
8. Statute No. 8 - Council's power of preclusion
1.1 The Council must meet regularly for the despatch of business.
1.2 The Chancellor or Vice Chancellor may from time to time call a special meeting of the Council.
1.3 The Chancellor or Vice Chancellor must convene a meeting of the Council upon the written requisition of seven members. The requisition must set out the object for which the meeting is required. The meeting must be held within 14 days after the receipt of the requisition.
1.4 The Council may make, amend, and repeal standing orders for the regulation of its proceedings.
1.5 All proceedings of the Council must be minuted and permanently recorded.
Repealed.
Repealed.
Repealed
From time to time the Council may adopt, alter and repeal policies and procedures prescribing qualifications required for admission to any program of education provided by the University and the credits to be given for the purposes of any program in respect of work completed elsewhere.
6.1 The Council may impose fees in respect of instruction, tuition, applications for awards and any other matters.
6.2 The Council may prescribe those matters in respect of which a fee is to be charged, the categories of persons who are to pay them, the amount to be charged and the time and manner of payment.
6.3 In individual cases an extension of time for payment of fees may be allowed. A student who fails to pay fees at the time prescribed by the Council or within such extended time as may have been allowed may incur an additional fee prescribed by the Council.
6.4 Without limiting the generality of clauses 6.1 and 6.2, the Council may from time to time prescribe fees that are payable by students (or prescribed categories of students) of the University for services provided by an organisation recognised by the University for that purpose, including the student association recognised by the University.
6.5 The fees prescribed from time to time by the Council and the conditions under which they may be paid must be published in the University of South Australia Calendar, or otherwise as the Council decides.
6.6 Where it appears to the Council that there are adequate reasons for doing so, the Council may:
(a) reduce any fee payable by a student or,
(b) exempt a student from liability to pay any fee.
6.7 Subject to clause 6.6, a student may not re-enrol in the University and, notwithstanding the provisions of the applicable degree, diploma or certificate regulations, a candidate will not be admitted to a degree, diploma or certificate of the University unless all outstanding fees and all other financial obligations due to the University have been discharged or satisfactory arrangements for their discharge have been made.
(Amendment approved by Council 17 August 2017; endorsed by the Governor 31 August 2017)
1. For the purposes of this Statute:
'accused student' means a student who is the subject of a complaint of misconduct referred to a Student Misconduct Committee under this Statute;
'appellant' means an accused student who has made an appeal to the Student Appeals Committee;
'cheating' means conduct that constitutes academic misconduct under the University's then current Assessment Policies and Procedures Manual because it involves:
a) plagiarism; or
b) breaches of the prescribed examination procedures; or
c) receiving inappropriate assistance from another person.
'Committees' means the Student Misconduct Committee and the Student Appeals Committee.
'Convenor' means an officer of the University appointed by the Vice-Chancellor to be a Convenor under clause 7 with jurisdiction over the kind of misconduct alleged in the particular case at hand.'enrolled student' means a person who is or was, at the time of the alleged misconduct, enrolled or entitled to be enrolled in
a) any program offered by the University;
b) any audit, non-award or cross-institutional course at the University;
c) any program offered by Open Universities Australia and delivered through the University.
'expulsion' means the cancellation of enrolment of an enrolled student and the termination of all rights and privileges as a student of the University, including the right to re-enrol as a student;
'member of the University' means and includes any enrolled student and any member of the staff of the University;
'misconduct' means any of the following:
a) breach by a student of any code, statute, by-law or Policy of the University or of any order or direction made under a code, statute, by-law or Policy of the University; or
b) an act or omission by a student that constitutes unreasonable interference with the freedom of another person to pursue their studies, research, duties or lawful activities in or in relation to the University, or to take part in the life of the University; or
c) conduct by a student that is threatening to the safety or wellbeing of the student or another member of the University; or
d) any unlawful or unjustified conduct of a student that has, or is likely to have an adverse effect on the University or on any member of the University ; or
e) conduct by a student that is the subject of a determination under By-law 14.1 of the by-laws of the University, where the student has made a request under By-law 14.3, or
f) dishonest, misleading or deceptive conduct by a student in their dealings with the University or with a member of the University : or
g) improper or unauthorised access by a student to information or material that is confidential to a member of the University; or
h) providing assistance to a student in the presentation of individual work, unless this is specifically allowed in the course outline.
but does not include conduct that constitutes cheating.
'Penalty' means a penalty that a Student Misconduct Committee may impose under this Statute.
'Policy' means any policy or procedure approved by the Council;
'student' means:
a) an enrolled student; or
b) a graduand;
c) a person presently precluded from enrolment as a result of the application of this Statute or any other statute or Policy of the University;
d) a person who is on leave of absence or has deferred enrolment in their program at the University; or
e) a person who has applied to the University to become an enrolled student.
'Student Appeals Committee' means the Student Appeals Committee constituted under clause 11 of the University's Assessment Policies and Procedures Manual;
'Student Misconduct Committee" means the committee constituted under clause 2 of this Statute.
'suspension from the University' means the cancellation of enrolment of an enrolled student and the suspension for a specified time of all rights and privileges of that person as a student of the University, including the right to re-enrol as a student, and the right to enter or to be on University grounds.
2. The Student Misconduct Committee will comprise:
a) the Convenor or in their absence, their nominee;
b) two University staff members nominated by the Convenor, at least one of whom must be a member of the academic staff: and
c) a person nominated by USASA.
3. Three members of the Student Misconduct Committee constitute a quorum.
4. The Convenor may, from time to time, remove and replace a person appointed to the Student Misconduct Committee under clause 2(b).
5. USASA may, from time to time, remove and replace a person appointed to the Student Misconduct Committee under clause 2(c).
6. The function of the Student Misconduct Committee is:
a) to hear and adjudicate upon the specific complaint of misconduct referred to it under this Statute; and
b) if thought fit, to impose any penalty provided for in this Statute.
7. The Vice-Chancellor must appoint at least one officer of the University to be the Convenor for the purposes of this Statute.
8. If the Vice-Chancellor appoints two or more Officers to be Convenors, the Vice-Chancellor must, at the same time, identify the kinds of misconduct over which each has jurisdiction.
9. The Vice-Chancellor may, at any time, revoke the appointment of a Convenor and make a substitute appointment
10. A Complaint alleging misconduct on the part of a student must be made in writing to the Convenor.
11. If the Convenor concludes that the allegations made in the complaint could, if made out, constitute misconduct, the Convenor must convene the Student Misconduct Committee to hear the complaint unless the Convenor considers that the allegation would be better dealt with under another Statute or policy of the University.
12. If the Convenor concludes that may be appropriate in the circumstances of the complaint for the matter to be reported to the police or some other external authority, the Convenor must refer the matter to the Vice-Chancellor for decision as to whether or not to make the report and, if the matter is reported, the Convenor may, at the Convenor's discretion, defer convening the Student Misconduct Committee pending the external authority's investigation.
13. If a Student Misconduct Committee finds the complaint before it to have been proven, it may impose one or more of the following penalties on the accused student:
a) withdrawal of an offer of admission to a University program;
b) a caution;
c) a reprimand;
d) a fine up to a limit from time to time determined by the Council;
e) cancellation of enrolment in one, some or all subjects in which the accused student is then enrolled;
f) suspension, for a fixed period of the right to use any University facility, system, building or other property that was affected by the accused student's misconduct;
g) prohibition, for a fixed period from entering the University grounds or a specified part of the University grounds;
h) suspension from the University for a period not exceeding three years;
i) expulsion
14. The Student Misconduct Committee may suspend the imposition of a penalty imposed under clause 13(d), (f), (g) or (h) for a period not exceeding 5 years on condition that, during the term of the suspension, the student does not commit another act of misconduct and on such additional conditions as the Student Misconduct Committee thinks fit. If, at the end of the period of the suspension of a penalty, all of the conditions on which the suspension depends are met, the original penalty will be vacated.
15. A student may appeal to the Student Appeals Committee against the finding of a Student Misconduct Committee, or against the imposition of a penalty or penalties imposed by a Student Misconduct Committee.
16. The appeal must be instituted by notice in writing lodged with the office of the Convenor within 14 days of the date on which the determination of the Student Misconduct Committee was notified to the student.
17. The notice of appeal must state concisely the nature and grounds of the appeal. Unless permitted by the Student Appeals Committee, the appellant will not be entitled, at the hearing of the appeal, to rely on any ground of appeal not specified in the notice of appeal.
18. On receipt of the notice of appeal, the Convenor must convene the Student Appeals Committee and transmit to it a report of the proceedings before the Student Misconduct Committee, together with any documents or other evidence presented to the hearing of the Student Misconduct Committee.
19. The Student Appeals Committee may affirm, annul or vary the findings of a Student Misconduct Committee and may also (or alternatively) confirm, annul, reduce or increase any Penalty, or impose other Penalties in place of those imposed by a Student Misconduct Committee.
20. An accused student is entitled:
a) to a copy of the complaint against them and copies of any other written material that is to be presented at a hearing of either of the Committees;
b) to not less than 14 days' prior notice of a hearing of a Committee;
c) to be present at a hearing of a Committee and to be accompanied by a person of their choice, but not a legal representative
21. A hearing of a Committee will take place in camera unless the Committee otherwise decides.
22. At a hearing of a Committee:
a) the Chair is responsible for the conduct of the hearing and the determination of matters of procedure, and of the admissibility of evidence;
b) the Committee may proceed with the hearing in the absence of the accused student, if the Committee is satisfied that the accused student has had adequate notice of the hearing; and
c) the Committee is not bound by the rules of evidence.
23. A Committee is empowered on such conditions as to confidentiality as the Chair may determine, to require the production at the hearing of material or documents that are in the possession or control of the University or a member of the University, and that the Committee considers relevant to the hearing of the complaint.
24. A fine imposed by a Committee acting under this Statute:
a) must be paid within 21 days of the date on which the accused student was given notice of the imposition of the fine, but the obligation to pay a fine imposed by a Student Misconduct Committee will be suspended pending determination of an appeal made to the Student Appeals Committee under this Statute;
b) will be received into the general funds of the University; and
c) may, if unpaid, be recovered by civil action in addition to any default penalty imposed in that event by the Committee.
25. Any notice given to an accused student in respect of a complaint made under this Statute must be given in writing and will be sufficiently given, if given in person to the student, or if sent by pre-paid post addressed to the student at the last postal address known to the University as the student's place of residence or if sent by email to the last email address of the student known to the University.
26. A notice given by post will be deemed to have been received by the student at the expiry of four clear days after posting and a notice given by email will be taken to have been received by the student on the day following the day on which it is sent
27. Nothing in this Statute affects the power of any person or body in the University duly authorised to do so under any other statute, or any Policy of the University, to take any action required or permitted to be taken under that statute or Policy, and in particular, but without limitation, nothing in this Statute affects any power of any person or body within the University to preclude a student from a program, or otherwise to deal with the student's case by reason of the student's failure to satisfy the University's academic requirements.
8.1 Notwithstanding the provisions of any other statute of the University or of any policy or procedure approved by the Council, a person may be precluded in the manner provided in this Statute from entering upon, proceeding with or graduating from a program or programs of study at the University.
8.2 If the Vice-Chancellor in good faith decides (whether as a result of conduct coming within the definition of 'misconduct' for the purposes of Statute No 7 or otherwise) that it is in the best interests of:
(a) the University; or
(b) the students, or a particular group of students of the University; or
(c) the public, or a particular section of the public,
that a particular person be precluded from enrolling for, or proceeding with, or graduating from a program or programs of study at the University, the Vice Chancellor may forward to the Council a recommendation to that effect, together with a statement of the grounds upon which the recommendation is made.
8.3 Subject to clauses 8.4 and 8.5, the Council may by resolution adopt the Vice Chancellor's recommendation with or without modification, whereupon the person who is the subject of the resolution will be precluded in accordance with the terms of the resolution.
8.4 The Council may not adopt a recommendation made by the Vice Chancellor under clause 8.2, with or without modification, unless and until the person who is the subject of the recommendation has had an opportunity, in accordance with clause 8.5, of being heard and of adducing evidence in opposition to the recommendation.
8.5 A hearing for the purposes of clause 8.4 must be conducted by a committee appointed by the Council for that purpose, including at least three members of the Council. At the conclusion of its hearing the committee must report in writing to the Council, and the Council must take the committee's report into account in reaching its decision for the purposes of clause 8.3.
8.6 The Council may at any time review and, if it thinks fit, rescind a resolution made under clause 8.3.
8.7 Any resolution passed by the Council under this Statute must be communicated in writing as soon as possible to the person who is the subject of it.
8.8 Nothing in this Statute affects any power of any person or body within the University to preclude a student from a program of study, or otherwise to deal with the student's case by reason of the student's failure to satisfy the University's academic requirements.