1. Purpose

1.1 The University is committed to ensuring a safe learning environment and to upholding the highest standards of academic integrity.

1.2 The purpose of this policy is to:

(a) promote the principle of mutual respect by defining student behaviour which the University community considers appropriate;

(b) discourage behaviour which the University community considers inappropriate;

(c) promote academic integrity throughout all aspects of its teaching, learning and research activities;

(d) implement fair and just procedures for managing alleged student misconduct; and

(e) implement a transparent framework of educational, remedial actions and penalties that may be applied for student misconduct.

2. Scope and application

2.1 This policy applies to all students of the University of the Sunshine Coast.

2.2 Students are required to comply with the obligations set out in this policy while undertaking any activity in their capacity as a student or while engaged in any activity which impacts on the University or members of the University community. This includes on-campus activities, University or student-related activities at other sites (including, for example, during placements, field trips, study tours or exchange programs) and online or digital environments.

2.3 Where a student is suspected of engaging in unlawful discrimination, bullying, harassment (including sexual harassment), victimisation, vilification, violence or threats of violence, and gender-based violence, the University will manage the matter in accordance with the Sexual Assault and Sexual Harassment and Respectful Relationships (Students) - Governing Policy and procedures and the Prevention and Response to Gender-Based Violence (GBV) -Governing Policy ensuring responses are trauma-informed and culturally safe.

2.5 This policy excludes allegation management of student breaches of responsible research conduct. Refer to the Responsible Research Conduct – Governing Policy and Managing and Investigating Breaches of Responsible Research Conduct – Procedures. The educative remedies and penalties for substantiated findings of student breaches of responsible research conduct are contained within these procedures.

2.6 Refer to the Student Complaints Resolution - Academic Policy and Procedures for information on the review and appeal of decisions made under this policy.

3. Definitions

Please refer to the University’s Glossary of Terms for policies and procedures. Terms and definitions identified below are specific to this policy and are critical to its effectiveness:

Academic integrity “Academic integrity is defined as: ‘a commitment, even in the face of adversity, to six fundamental values: honesty, trust, fairness, respect, responsibility, and courage. From these values flow principles of behaviour that enable academic communities to translate ideals to action’ (International Centre for Academic Integrity, 2014).

For the purposes of USC’s Policy and Procedures, “academic integrity is: ‘the moral code of academia. It involves using, generating and communicating information in an ethical, honest and responsible manner’ (Monash University, 2013). The term ‘ethical scholarship’ has a similar meaning. These definitions apply to the behaviour of teachers, researchers, students or others who are engaged in any form of scholarly activity.’” (1)

“Academic misconduct generally refers to a breach of academic integrity. Cheating, plagiarism, and fabrication or falsification of data are examples of such breaches. A provider’s policy framework should cover the preservation of academic integrity by both staff and students.”(1)

Academic misconduct refers to a breach of academic integrity. Cheating, plagiarism, and fabrication or falsification of data are examples of such breaches actions or behaviour which is contrary to expected student academic integrity outlined in Section 5.2 of Student Conduct – Governing Policy.

Assault has its legal meaning (Section 245 Criminal Code 1899 (Qld)) and includes striking, touching moving or otherwise applies force of any kind to another person without consent.

Bullying refers to repeated and unreasonable behaviour, whether intentional or unintentional, directed towards an individual or a group that creates a risk to health and safety. Bullying can occur in various forms, including physical, verbal, social, or online (cyberbullying). It is not limited to abuse of power by supervisors; staff or students can bully peers or supervisors, and bullying can occur between members of an ostensibly equal group.

Examples of bullying behaviours include (but are not limited to):

• abusive, insulting, or offensive language or comments;
• unjustified criticism or complaints;
• deliberately excluding someone from work or study-related activities;
• withholding information vital for effective performance;
• setting unreasonable timelines or constantly changing deadlines;
• assigning tasks that are unreasonably below or beyond a person’s skill level;
• denying access to information, supervision, consultation, or resources;
• spreading misinformation or malicious rumours;
• changing work or study arrangements to deliberately inconvenience a person.

Bullying does not include reasonable management action carried out in a reasonable manner.

Discrimination means discrimination that is unlawful under any anti-discrimination law in force where the conduct occurs. Under the Anti-Discrimination Act 1991 (Qld), discrimination occurs when a person with a protected attribute is treated less favourably than another person, or when unreasonable terms or conditions disadvantage people with a particular attribute. Discrimination may be direct or indirect.

Protected attributes include those listed in the Anti-Discrimination Act 1991 (Qld) and the Fair Work Act 2009 (Cth), such as sex, relationship status, pregnancy, parental status, breastfeeding, age, race, impairment, religious or political belief or activity, trade union activity, sex work activity, gender identity, sexual orientation, sex characteristics, family responsibilities, association with a person identified on the basis of these attributes, and other attributes recognised under law.

For the avoidance of doubt, discrimination includes antisemitism, defined by Australian universities based on the International Holocaust Remembrance Alliance (IHRA) as:
“Discrimination, prejudice, harassment, exclusion, vilification, intimidation or violence that impedes Jews’ ability to participate as equals in educational, political, religious, cultural, economic or social life.”

Expulsion from the University, usually arising from a finding of serious academic or general misconduct, means cancellation of enrolment and prohibited from enrolling in any courses or programs at the University on a permanent basis. An application for re-enrolment following expulsion can only be approved by the University’s Council.

Gender-based violence refers to any act of violence, abuse, or harm, including physical, sexual, psychological, emotional, financial, cultural, spiritual, or technology-facilitated abuse, that is underpinned by gender-based power inequalities, social norms, or discrimination and that causes, or is likely to cause, harm, fear, coercion, control, or loss of liberty.

General misconduct actions or behaviour which is contrary to expected student conduct outlined in Section 5.1 of Student Conduct – Governing Policy.

Harassment refers to any unwelcome, unsolicited, or unreciprocated behaviour that is likely to offend, humiliate, or intimidate. It is usually (but not always) repeated and can be based on any attribute listed under the definition of discrimination. Harassment may include sexual, disability, racial, sexuality, or gender-based harassment.

Examples include (but are not limited to):

• telling insulting jokes about particular racial groups;
• sending explicit or sexually suggestive emails or text messages;
• displaying racially offensive or pornographic posters or screen savers;
• making derogatory comments or taunts about someone’s race;
• asking intrusive questions about someone’s personal life, including their sex life.

Human rights are those rights defined in the Human Rights Act 2019 (Qld) and recognised in international covenants, including the International Covenant on Civil and Political Rights (ICCPR), the Universal Declaration of Human Rights (UDHR), the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP), and the International Covenant on Economic, Social and Cultural Rights (ICESCR).

Examples of rights relevant to the University context include, but are not limited to:

• freedom of thought, conscience, religion and belief;
• freedom of expression;
• peaceful assembly and freedom of association;
• cultural rights, including those of Aboriginal and Torres Strait Islander peoples;
• the right to a fair hearing;
• the right to protection of privacy and reputation; and
• the right to recognition and equality before the law, which entitles every person to be effectively protected against discrimination.

Natural justice (procedural fairness) means that a person who might be adversely affected by an administrative decision (the affected person) must be given a ‘fair hearing’ before the decision is made. However, there are generally considered to be three aspects of natural justice:

1. The notice requirement - The notice to the affected person must identify the critical issues and contain sufficient information for the person to be able to participate meaningfully in the decision-making process.

2. The fair hearing rule - A fair hearing means that the affected person is given a reasonable opportunity to ‘speak or respond’ and also that the decision maker genuinely considers the affected person’s submission in making the decision.

3. Free from bias rule - The person making the decision must be and be seen to be impartial. Bias is a lack of impartiality for any reason and may be in favour of or against the affected person. It may arise from the decision maker having some financial or other personal interest in the outcome of the decision (conflict of interest) or giving the impression that they have prejudged the issue to be decided (prejudgement).

Source: Queensland Ombudsman (2020) Good decisions: Resource Report.

Repeated behaviour refers to the persistent nature of the behaviour and can involve a range of behaviours over time.

Sexual harassment is any unwelcome conduct of a sexual nature in relation to a person, in circumstances where a reasonable person would anticipate the possibility that the person would be offended, humiliated, or intimidated. It may involve a single incident or repeated behaviour and can range from subtle actions to explicit demands for sexual activity or assault.

Examples include (but are not limited to):

• unwelcome physical touching;
• sexual or suggestive comments, jokes, or innuendo;
• unwelcome requests for sex;
• intrusive questions about a person’s private life or body;
• display of sexually explicit material (posters, pictures, screen savers);
• unwanted invitations to dates;
• staring or leering;
• sex-based insults or taunts;
• sexually offensive communications, including calls, letters, emails, or digital messages.

Sexual harassment is unlawful under the Anti-Discrimination Act 1991 (Qld) and the Sex Discrimination Act 1984 (Cth) and may constitute serious misconduct under University policy. It is also unlawful to create or permit a workplace environment that is hostile on the basis of sex under the Sex Discrimination Act 1984 (Cth).

Student conduct students are expected to behave in accordance with the expectations outlined in Section 5.1 of Student Conduct – Governing Policy.

Trauma-informed response refers to responses that recognise the impact of trauma, prioritise safety and agency, use clear communication, avoid re-traumatisation, and promote empowerment and choice.

Unreasonable behaviour means behaviour that a reasonable person, having considered the circumstances, would see as unreasonable, including behaviour that is victimising, humiliating, intimidating or threatening.

4. Policy Statement

4.1 The University will promote and foster a safe environment for its students and staff and fulfills its responsibilities and obligations as a registered university in good standing consistent with the Tertiary Education Quality and Standards Agency Act 2011 (Cth) and the Higher Education Standards Framework (Threshold Standards) 2015 (Cth).

4.2 The University will maintain and comply with processes which ensure it fulfills the responsibilities and obligations under natural justice and provide processes to investigate suspected breaches of student conduct and student academic integrity.

4.3 The University will maintain records of suspected and confirmed breaches of student conduct and student academic integrity.

4.4 The University is committed to making decisions consistent with the Human Rights Act 2019 (Qld).

4.5 The University is committed to the Model Code on Freedom of Speech and Academic Freedom.

5. Principles

5.1 Student conduct

The University expects students to behave in a way that:

(a) allows reasonable freedom to others to pursue their studies, research, duties and other lawful activities in the University on its campuses and sites and to participate in the life of the University;

(b) recognises that the pursuit of academic excellence as a key aim of the University and that proper student assessment and research procedures are essential in achieving that aim;

(c) promotes a safe and inclusive learning environment by treating all members of the University community with respect and courtesy, and by refraining from any actions that could reasonably be perceived as unlawful discrimination, bullying, harassment (including sexual harassment), victimisation, vilification, violence or threats of violence, or gender-based violence, whether in person or online;

(d) complies with directions given by University staff to promote the good order and management of the University;

(e) ensures the proper use of University facilities, information and property and the property of other persons on its campuses and sites;

(e) demonstrates a professional manner while undertaking placements, practicums, field trips, study tours, or other forms of work integrated learning or student mobility programs, and maintains the highest standards of professional ethics relevant to the profession or industry for which they are being trained;

(f) complies with all health and safety requirements and instructions given by the University and attend any relevant training if required by the University; and

(g) complies with the policies and procedures of the University.

5.2 Academic integrity

5.2.1 Student academic integrity is fundamental to ensuring the University’s academic standards and quality. The University implements a broad range of communication strategies for educating and informing students and staff on the importance of student academic integrity. Academic integrity is demonstrated by adherence to professional and ethical standards of teaching, learning, research and scholarship.

5.2.2 Academic integrity requires that students:

(a) act ethically in the pursuit of learning and research and in demonstrating the learning or research they have undertaken;

(b) acknowledge, in activities undertaken as part of their learning or research, the contribution of others’ ideas and work, including that of other students and colleagues; and

(c) act in accordance with requirements that ensure the academic standards of the University, for example, instructions for assessment tasks, codes of research conduct.

5.2.3 Student academic integrity is demonstrated by students taking such actions as:

(a) appropriately acknowledging in their work the inclusion or use of others’ ideas; words; information (including charts, tables, graphs and other illustrative materials); and other contributions (including data manipulation, editing and research design) – usually through use of standard academic referencing and citation systems and incorporation of acknowledgements in appropriate places;

(b) demonstrating the extent to which the student has consulted appropriate references and source materials – usually through compilation of a bibliography or reference list;

(c) including and analysing complete and accurate research data when researching and reporting research findings and conclusions;

(d) complying with all instructions for preparation and presentation of their individual work as part of group work; and

(e) complying with all instructions for presenting, undertaking or submitting individual work for assessment, including tests and examinations.

5.3 Student general misconduct and academic misconduct

5.3.1 Student’s behaviour which is contrary to Section 5.1 expectations may constitute general misconduct. Examples of behaviour that is contrary to Section 5.1 are provided in the Student Misconduct – Procedures.

5.3.2 Student’s behaviour which is contrary to Section 5.2 expectations may constitute academic misconduct. Examples of behaviour that is contrary to Section 5.2 are provided in the Student Misconduct – Procedures.

5.3.3 The University will implement the Student Misconduct – Procedures when there is a suspected of breach of Sections 5.1 and 5.2.

5.3.4 Formal disciplinary action including the imposition of a range of educational, remedial actions and penalties proportionate to the circumstances of the breach may be applied to confirmed cases of student general misconduct and academic misconduct.

5.4 Freedom of expression

5.4.1 The University supports the right of its students to free expression, including on campus and in USC online environments. Freedom of expression may be exercised, for instance, by engaging in intellectual inquiry, holding and expressing opinions and beliefs, contributing to public debate, or participating in student associations such as the USC Student Guild or other student clubs and societies.

5.4.2 In exercising this right, students must act consistently with other obligations set out in this policy, in particular, the obligations to respect others and their human rights. Consequently, freedom of expression is not an absolute right. It does not entail freedom from critique, particularly in regard to academic matters. Freedom of expression may be subject to legal limitations such as defamation and anti-vilification laws, and the University also imposes other reasonable and proportionate limitations to ensure the good order of the University and the wellbeing of other students and of staff.

5.4.3 Students must exercise their rights to freedom of expression in a way that promotes a safe and inclusive learning environment by treating all members of the University community with respect and courtesy, and by refraining from any actions that could reasonably be perceived as unlawful discrimination, bullying, harassment (including sexual harassment), victimisation, vilification, violence or threats of violence, or gender-based violence, whether in person or online.

6. Authorities/Responsibilities

6.1 As the Approval Authority, Council approves this policy in accordance with the University of the Sunshine Coast Act 1998 (Qld).

6.2 As the Responsible Executive Member the Vice-Chancellor and President can approve procedures and guidelines to operationalise this policy. All procedures and guidelines must be compatible with the provisions of this policy.

6.3 As the Designated Officer the Deputy- Vice-Chancellor can approve associated documents to support the application of this policy. All associated documents must be compatible with the provisions of the policy.

6.4 This policy operates from the last amended date, with all previous iterations of policy documents on Student Conduct replaced and no longer operating from this date.

6.5 All records relating to Student Conduct must be stored and managed in accordance with the Records Management - Procedures.

6.6 This policy must be maintained in accordance with the University Policy Documents – Procedures and reviewed on a standard 5 year policy review cycle.

6.7 Any exception to this policy to enable a more appropriate result must be approved in accordance with the University Policy Documents – Procedures prior to deviation from the policy.

6.8 Refer to Schedule C of the University Delegations – Governing Policy in relation to the approved delegations detailed within this policy.

The following authorities/responsibilities are delegated under this policy:

Footnotes

(1) Guidance Note: Academic Integrity Version 1.2 (28 March 2019) Tertiary Education Quality and Standards Agency.

(2) Good decisions Queensland Ombudsman (https://www.ombudsman.qld.gov.au/improve-public-administration/public-administration-resources/good-decisions)

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