Student misconduct - TAFE Queensland

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Student misconduct

Types of Misconduct

What You Need to Know

What is Misconduct:

Misconduct is any personal conduct or behaviour that is deemed inappropriate by TAFE Queensland.

The types of misconduct are:

  • Academic Misconduct: Inappropriate conduct and behaviour when undertaking education and training activities.
  • Research Misconduct: Inappropriate conduct and behaviour when undertaking research.
  • Non-Academic Misconduct: Inappropriate personal conduct and behaviour.

Examples of Misconduct:

Misconduct is generally broken into two types:

  1. Minor Misconduct; and
  2. Major Misconduct.

Whilst these are sometimes dependent on the context of what has occurred, below are some guidelines of which each involves.

Minor Misconduct:

Personal conduct and behaviour that breaches the standards of conduct set out in the TAFE Queensland Student Rules, but where the extent or impact of the breach is not substantial, such as:

  • Minor breach of assessment and academic progression rules;
  • Use of inappropriate or offensive language;
  • Failure to comply with directions from TAFE Queensland staff;
  • Inappropriate use of personal electronic devices; and
  • Inappropriate clothing, including clothing that contains offensive language or images that may offend others.

Major Misconduct:

Personal conduct and behaviour that breaches the standards of conduct set out in the TAFE Queensland Student Rules, and where the extent or impact of the breach is substantial, such as

  • Cheating and plagiarism;
  • Making false representations about intellectual property;
  • Major breach of assessment and academic progression rules;
  • Any form of harassment, whether based on gender, race, age, sexual preference or religious belief;
  • Behaviour that subjects another person to an unsolicited act of physical intimacy, makes an unsolicited demand or request of a sexual nature to another person, makes a remark with sexual connotations relating to the other person, or engages in any other unwelcome conduct of a sexual nature towards the other person;
  • Abusive or aggressive behaviour that causes offence, fear, or harm to others, such as verbal abuse or making threats to others (including through online and social media methods);
  • Physical violence directed to others;
  • Being under the influence of prohibited drugs and/or substances, including alcohol;
  • Possessing dangerous articles or banned substances;
  • Wilfully obstructing or disrupting any official meeting, ceremony, activity, class or examination;
  • Wilfully damaging or wrongfully dealing with TAFE Queensland property and resources, or the property of others persons;
  • Making a false representation concerning your identity or status as a student;
  • Trespassing or knowingly entering any place within TAFE Queensland premises that is out of bounds to students;
  • Refusing to obey health and safety and emergency procedures; and
  • Repeated instances of minor misconduct.

Consequences of Misconduct

What You Need to Know

Immediate Suspension:

In cases of either minor or major misconduct, TAFE Queensland reserves the right to immediately suspend you from your education/training.

You will be advised of the date you can return to your education/training.

Whilst suspended, you are not entitled to enter TAFE Queensland premises or use its facilities.

Disciplinary Process:

Informal Disciplinary Process:
If the misconduct is minor in nature, TAFE Queensland may deal with it informally.

In this case TAFE Queensland may choose an informal method of addressing the issue, such as an interview, counselling session, or offer of support, with arrangements made to improve your behaviour in the future.

Formal Disciplinary Process:
If the misconduct is either minor or major TAFE Queensland may deal it formally.

In this case TAFE Queensland will provide you with a Student Allegation of Misconduct Notice, to outline the nature of the misconduct and process of dealing with the misconduct.

You have the right to respond to the Student Allegation of Misconduct Notice via a meeting or written submission within 5 business days of the date of the notice.

TAFE Queensland will then inform you of its disciplinary decision through a formal Student Disciplinary Decision Notice.

Misconduct Appeals

What You Need to Know

Internal Appeals:

If you feel that the disciplinary decision is unfair, you have a right to appeal to your TAFE Queensland region's Disciplinary and Appeals Committee. Your request for an appeal must be on one of the following grounds:

  1. The decision is grossly unreasonable;
  2. Procedural requirements were not followed;
  3. Relevant evidence was not considered in reaching the decision, or irrelevant evidence was relied upon in reaching the decision;
  4. Fresh evidence has become available; and
  5. A penalty imposed was excessive or inappropriate.

If you are making an appeal, it must be made in writing and submitted to the regional General Manager within 20 business days of receiving the Student Disciplinary Decision Notice.

The region's Disciplinary and Appeals Committee will then consider the appeal and respond to you.

In exceptional circumstances, you may be able to make a further appeal to the TAFE Queensland Academic Board Disciplinary and Appeals Committee.

If you are making an appeal, it must be made in writing and submitted to the TAFE Queensland Chief Executive Officer within 10 days of receiving the Student Appeals Decision Notice.

External Appeals:

If you are still dissatisfied with the disciplinary decision, you have the right to take the case to an external body, such as:

  1. The Queensland Ombudsman;
  2. Australian Skills Quality Authority; or
  3. Queensland Department of Education and Training (for apprentices/trainees).

If you do so, you must notify TAFE Queensland within 7 days of the final decision notice from TAFE Queensland, to be able to continue your enrolment.

You are only allowed one external appeal decision. TAFE Queensland will give due consideration to the outcome of the external appeal.