Student Academic Misconduct Requirements

Student Academic Misconduct Requirements - JCU
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Policy Library
Student Academic Misconduct Requirements
Policy and Procedures
1. Definitions
1.1 Academic Misconduct includes:
1.1.1 plagiarism in non-invigilated and invigilated assessment tasks; or
1.1.2 cheating, or intent to cheat, in association with invigilated assessment tasks; or
1.1.3 falsification of research results; or
1.1.4 any other acts or omissions not included in 1.1.1 - 1.1.3 above which in the opinion of the Chair of
the Academic Board reasonably represents academic misconduct, including the falsification of an
academic record
1.2 Written correspondence between the University and the student means correspondence sent by post,
facsimile, email or any other form of written communication. All written correspondence from the University
shall be identified as being confidential.
1.3 Invigilated assessment is where the assessment task is conducted under the supervision of a member of
staff of the University or a nominee acting on behalf of the University.
1.4 Examinations Officer includes any person so designated by the Director, Student & Academic Services.
1.5 Student Association Case Worker includes any staff member of the Student Association so designated by
the General Manager, JCU Student Association.
2. Where Academic Misconduct May Occur

2.1 Academic Misconduct may occur with:
2.1.1 assignments, essays and other forms of on-course assessment that are not invigilated;
2.1.2 examinations, tests and other forms of assessment that are invigilated;
2.1.3 theses and other work presented as part of honours and postgraduate awards.
3. Rights to Representation
3.1 Students alleged to have engaged in student academic misconduct may be represented by a Student
Association Case Worker during the hearing of the allegation of misconduct.
http://www.jcu.edu.au/policy/allitoz/JCUDEV_005375.html
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3.2 Legal representation is not allowed for any of the processes contained within these Requirements.
4. Record Keeping of Proven Cases of Academic Misconduct

Where the allegation of academic misconduct against the student is proved:
(a)the type of academic misconduct, the penalty imposed and the offering of counselling for the
student shall be recorded in a central records file; and
(b)the existence of a proven allegation of academic misconduct will be noted on the students record on
the Student Information System. This information will not appear on the official transcript of a students
academic record.
5. Student Counselling for Proven Cases of Academic Misconduct

Where any allegation of academic misconduct has been proven, in addition to any action imposed under the
relevant clauses, the student must be offered counselling from the Head of School or an appropriate delegate
relating to the non-acceptability of academic misconduct in Australian universities and advice on the possible
consequences of any further proven breaches of these Requirements.
6. Conflict of Interest
Staff members appointed to serve on:
a) Committee hearing an allegation of student academic misconduct; or
b) Panel undertaking an appeal;
should have no association with the teaching of the subject in which the misconduct is alleged to have
occurred, or have no previous responsibilities associated with the thesis that is the subject of the allegation of
misconduct.
Staff members appointed to serve on a Review Panel shall have had no involvement in the decision made by
the Hearing Committee.
7. Academic Misconduct in Association with Non-invigilated Assessment and Invigilated

Assessment Administered by a School
7.1 Referral of Allegation
7.1.1 In cases of academic misconduct in relation to non-invigilated assessment or invigilated
assessment administered by a School, the Head of School shall be notified promptly in writing of the
allegation and shall be provided with all relevant material by the academic staff member in charge of
the subject.
7.1.2 If the Head of School is the academic staff member in charge of the subject, the Pro-ViceChancellor of the Faculty shall appoint an academic staff member of the School to perform the role of
Head of School.
7.2 Preliminary Investigation
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7.2.1The Head of School shall consider matters relevant to the allegation, and shall, within seven days of
receipt of the allegation, decide whether the allegation should be dismissed or proceed to a hearing. In
undertaking the investigation, the Head of School may interview any persons deemed relevant to the
allegation.
7.2.1.1 If the Head of School decides that the allegation should be dismissed, the Head of School
shall, within 10 days of receipt of the allegation:
a) notify the academic staff member in charge of the subject that the allegation has been
dismissed; and
b) if the student has been advised of the allegation, notify the student that the allegation has
been dismissed.
7.2.1.2 If the Head of School decides that the allegation should not be dismissed, the allegation
shall proceed to a hearing.
7.3 Hearing
7.3.1 If the Head of School decides the allegation should proceed to a hearing, the Head of School shall,
within 10 days of receipt of the allegation, issue written advice to the student of:
a) the allegation and details of the allegation;
b) the date of the hearing and of their right to be heard in person or be represented by a Student
Association Case Worker at this hearing, which shall not be earlier than 14 days from the date of
issue of this written advice; and
c) their right to submit to the Head of School, within 14 days of the date of this written advice, a
written statement either refuting or pleading guilty to the allegation.
7.3.2 The Head of School shall
a) within 28 days of the date of the decision to proceed to a hearing (see 7.3.1) consider all matters
relevant to the allegation of misconduct including any guilty plea lodged by the student; and
b) consider testimony and/or written submissions of the student; and
c) interview the academic staff member in charge of the subject and any other persons deemed
relevant to the allegation.
7.3.3 The Head of School shall then decide either that the allegation of academic misconduct against
the student is dismissed or that the allegation is proved.
7.3.3.1 Where the allegation is dismissed, the Head of School shall, within seven days of making the
decision, notify the student and the academic staff member in charge of the subject, via written
correspondence, that the allegation has been dismissed.
7.3.3.2 Where the allegation is proved, and the University records do not establish previous proven
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academic misconduct, the Head of School shall decide that the student shall either:
a) receive no penalty; or
b) complete an equivalent alternative assessment, with or without penalty; or
c) receive, as a penalty, no marks for the assessment concerned; or
d) receive other appropriate penalty.
The Head of School shall, within seven days of making this decision, notify the student and the
academic staff member in charge of the subject, via written correspondence, of the decision and
the reasons therefore, and the students right of appeal according to 7.4.
7.3.3.3 Where the allegation is proved, and the University records establish previous proven
academic misconduct, the Head of School shall within seven days of making the decision, notify
the Committee (see 7.3.4) of the repeat offence and shall make a recommendation to the
Committee of which penalty provided for under Clause 7.3.3.2 should apply.
7.3.4 The Committee will comprise:
a) the Chair, Academic Board or nominee (Chair); and
b) one member of the appropriate faculty, appointed by the Chair, Academic Board fromthe
Faculty Pro-Vice-Chancellors nominations; (see 7.3.4.1); and
c) one member of another faculty, appointed by the Chair, Academic Board from the Faculty ProVice-Chancellors nominations (see 7.3.4.1); and
d) a Student Association Case Worker.
7.3.4.1 In January each year, the Faculty Pro-Vice-Chancellors shall nominate for the Committee for
that year, one faculty representative and a reserve nominee.
7.3.4.2 Due regard shall be given to gender balance in determining the final membership of the
Committee.
7.3.5 Within 14 days of receipt of notification of a repeat offence, the Committee shall meet and shall:
a) consider the penalty recommended by the Head of School; and
b) provide an opportunity for the student to make an oral and/or written representation in relation
to the penalty only;
and shall decide either that:
a) the penalty recommended by the Head of School shall apply; or
b) another penalty provided for under Clause 7.3.3.2 shall apply; or
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c) the student be awarded a fail for the subject in which they have most recently been proved
guilty of academic misconduct; or
d) the student be awarded a fail for the subject in which they have most recently been proved
guilty of academic misconduct and not be permitted to re-enrol in that subject for a defined period
of time; or
e) the students enrolment at the University be cancelled and the student not be permitted to reenrol for a defined period of time; or
f) the students enrolment at the University be cancelled and the student be excluded permanently
from enrolment at the University.
7.3.6 The Committee Chair shall, within seven days of the Committee having made a decision under
7.3.5, notify the student, the academic staff member in charge of the subject and the Head of School, via
written correspondence, of all decisions and the reasons therefore made and of the students right of
appeal according to 7.4.
7.4 Appeal
7.4.1 If the allegation of academic misconduct against the student is proved, the student may, within20
working days of the date of despatch to the student of notification of the decision made in accordance
with 7.3.3.2 or 7.3.5, lodge an appeal against the decision, via written correspondence, with the ProVice-Chancellor of the Faculty concerned, stating clearly the grounds of the appeal.
7.4.2 A student may only appeal the decision of the Head of School or the Committee on the grounds
that procedural fairness was not followed during:
a) the process of proving the allegation of misconduct; and
b) the process of deciding what penalty to apply.
7.4.3 The appeal process must commence within 10 working days of lodgement of the appeal with the
Faculty Pro-Vice-Chancellor.
7.4.4 The appeal shall be considered by a Review Panel, comprising the Faculty Pro-Vice-Chancellor
(Chair), two members of the Faculty appointed by the Chair and a Student Association Staff Case Worker
Due regard shall be given to gender balance in determining the final membership of the Panel.
7.4.4.1 The Review Panel shall consider only:
a) the students grounds for lodging an appeal; and
b) such further material as the Panel may, in the exercise of its discretion, permit to be placed
before it if it considers it necessary to make a decision.
7.4.5 The Chair of the Review Panel shall, within seven days of making a decision under 7.4.4, notify the
Head of School, and the student, via written correspondence, of the Panels decision and the reasons
therefore.
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7.4.6 The decision of the Review Panel shall be final.
8. Academic Misconduct in Association with Invigilated Assessment Administered by the

University
8.1.1 In cases of academic misconduct in relation to invigilated assessment that is administered by the
University, the Director, Student & Academic Services shall be notified promptly in writing of the
allegation and be provided with all relevant material by the Examinations Officer.
8.2.1 The Director, Student & Academic Services shall consider matters relevant to the allegation, and
shall, within seven days of receipt of the allegation, decide whether the allegation should be dismissed
or proceed to a hearing. In undertaking any investigation, the Director, Student & Academic Services
may interview any persons deemed relevant to the allegation.
8.2.1.1 If the Director, Student & Academic Services decides that the allegation should be
dismissed, the Director, Student & Academic Services shall, within 10 days of receipt of the
allegation, notify the student and the Examinations Officer that the allegation has been dismissed.
8.2.1.2 If the Director, Student & Academic Services decides the allegations should not be
dismissed, the allegation shall proceed to a hearing.
8.3 Hearing
8.3.1 If the Director, Student & Academic Services decides the allegation should proceed to a hearing,
the Director, Student & Academic Services shall, within 10 days of receipt of the allegation, issue written
advice to the student of:
c) their right to submit to the Committee (see 8.3.2), within 14 days of the date of this written
advice, a written statement either refuting or pleading guilty to the allegation.
b) one member of the appropriate faculty, appointed by the Chair, Academic Board from the
Faculty Pro-Vice-Chancellors nominations (see 8.3.2.1); and
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8.3.2.1 In January each year, the Faculty Pro-Vice-Chancellors shall nominate for theCommittee for
Committee.
8.3.3 The Committee shall:
a) within 28 days of the date of the decision by the Director, Student & Academic Services in 8.3.1
meet and consider all matters relevant to the allegation of misconduct including any guilty plea
lodged by the student; and
c) interview any other persons whose evidence in its opinion may be relevant.
8.3.4 The Committee shall then decide either that the allegation of academic misconduct against the
student is dismissed or that the allegation is proved.
8.3.4.1 Where the allegation is proved, the Committee shall decide that the student shall either:
a) receive no penalty; or
b) complete an equivalent alternative assessment, with or without penalty; or
c) receive, as a penalty, no marks for the assessment concerned; or
d) receive other appropriate penalty.
8.3.4.2 Where the current allegation of academic misconduct against the student is proved, and the
University records establish previous proven academic misconduct, the Committee shall also
decide whether:
a) no penalty additional to that imposed under 8.3.4.1 be applied; or
b)the student be awarded a fail for the subject in which they have most recently been proved
guilty of academic misconduct; or
c) the student be awarded a fail for the subject in which they have most recently been proved
guilty of academic misconduct and not be permitted to re-enrol in that subject for a defined
period of time; or
d) the students enrolment at the University be cancelled and the student not be permitted to
re-enrol for a defined period of time; or
e) the students enrolment at the University be cancelled and the student be excluded
permanently from enrolment at the University.
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8.3.5 The Chair of the Committee shall, within seven days of the Committee having made a decision
under 8.3.4, notify the student, the Head of School and the Director, Student & Academic
Services,via written correspondence, of all decisions and the reasons therefore made under 8.3.4
and the students right of appeal according to 8.4.
8.4 Appeal
8.4.1 If the allegation of academic misconduct against the student is proved the student may, within20
with 8.3.4, lodge an appeal against the decision, via written correspondence, with the University
Secretary, stating clearly the grounds of the appeal.
8.4.2 A student may only appeal the decision of the Committee on the grounds that procedural fairness
was not followed during:
University Secretary.
8.4.4 The appeal shall be considered by a Review Panel, comprising the Deputy Vice-Chancellor,
University Services & Registrar (Chair), the Senior Deputy Vice-Chancellor or delegated nominee (who
shall be a permanent member of academic staff of professorial status) and a Student Association Case
Worker. Due regard shall be given to gender balance in determining the final membership of the Panel.
Chair, Hearing Committee, the Head of School and the student, via written correspondence, of the
Panels decision and the reasons therefore.
9. Academic Misconduct in Association with Thesis Presentation and Other Work for Awards
of the University Administered by Faculties
9.1.1 In cases of academic misconduct in relation to thesis presentation and other work for awards of
the University that are administered by the Faculties, the relevant Faculty Pro-Vice-Chancellor shall be
notified promptly in writing of the allegation and be provided with all relevant material by the Head of
the appropriate School.
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9.1.2 If the Faculty Pro-Vice-Chancellor is the academic staff member in charge of the subject, the Chair,
Academic Board shall appoint an academic staff member of the Faculty to perform the role of Faculty
Pro-Vice-Chancellor in relation to this matter.
9.2.1 The Faculty Pro-Vice-Chancellor shall consider matters relevant to the allegation, and shall, within
seven days of receipt of the allegation, decide whether the allegation should be dismissed or proceed to
a hearing. In undertaking any investigation, the Faculty Pro-Vice-Chancellor may interview any persons
deemed relevant to the allegation.
9.2.1.1 If the Faculty Pro-Vice-Chancellor decides the allegation should be dismissed, the Faculty
Pro-Vice-Chancellor shall, within 10 days of receipt of the allegation, notify the Head of School and
the student, if the student has been advised of the allegation, that the allegation has been
dismissed.
9.2.1.2 If the Faculty Pro-Vice-Chancellor decides that the allegation should not be dismissed, the
allegation shall proceed to a hearing.
9.3 Hearing
9.3.1 If the Faculty Pro-Vice-Chancellor decides the allegation should proceed to a hearing, the Faculty
Pro-Vice-Chancellor shall, within 10 days of receipt of the allegation, issue written advice to the student
of:
b) one member of the appropriate faculty, appointed by the Chair, Academic Board from the
Faculty Pro-Vice-Chancellors nominations (see 9.3.2.1); and
9.3.2.1 In January each year, the Faculty Pro-Vice-Chancellors shall nominate for theCommittee for
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Committee.
a) within 28 days of the date of the decision by the Faculty Pro-Vice-Chancellor in 9.3.1 meet and
consider all matters relevant to the allegation of misconduct including any guilty plea lodged by
the student; and
c) interview the Head of School and/or any other persons whose evidence in its opinion may be
relevant.
student is dismissed or that the allegation is proved.
9.3.4.1 Where the allegation is proved, the Committee shall decide that:
a) the student receive no recognition for the work involved with the misconduct; or
b) the students enrolment at the University be cancelled and the student not be permitted to
c) the students enrolment at the University be cancelled and the student be excluded
permanently from enrolment at the University.
9.3.4.2 In making the decision in 9.3.4.1, the Committee shall take into account any previous proven
academic misconduct undertaken by the student.
9.3.5 The proceedings before the Hearing Committee may be recorded by electronic means and a
transcript thereof, where required, may be prepared as soon as practicable after the hearing.
under 9.3.4, notify the student, the Faculty Pro-Vice-Chancellor and the Head of School, via written
correspondence, or all decisions and the reasons therefore made under 9.3.4 and include any copy of
transcript from 9.3.5. The student will be informed of their right of appeal according to 9.4.
9.4 Appeal
with 9.3.4, lodge an appeal against the decision, via written correspondence, with the University
Secretary, stating clearly the grounds of the appeal.
9.4.2 A student may only appeal the decision of the Committee on the grounds that procedural fairness
was not followed during:
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University Services & Registrar (Chair), the Senior Deputy Vice-Chancellor or delegated nominee (who
shall be a permanent member of academic staff of professorial status) and a Student Association Case
Worker.Due regard shall be given to gender balance in determining the final membership of the Panel.
9.4.4.1 The Panel shall consider only:
Chair, Hearing Committee, the Faculty Pro-Vice-Chancellor, the Head of School and the student, via
written correspondence, of the Panels decision and the reasons therefore.
10. Academic Misconduct Associated with Thesis Presentation and Other Work for
Postgraduate Degrees Administered by the Higher Degrees by Research Sub-Committee
10.1.1 In cases of academic misconduct in relation to work required for the award of a postgraduate
degree administered by the Higher Degrees by Research Sub-Committee, the Dean, Graduate Research
Studies shall be notified promptly in writing of the allegation. All relevant material shall be provided by
the Head of the appropriate School, or the Higher Degrees by Research Sub-Committee.
10.1.2 If the Dean, Graduate Research Studies, is the Principal Supervisor of the student against whom
the allegation is made, the Deputy Vice-Chancellor (Research and Innovation) shall appoint a staff
member of the University to perform the role of the Dean, Graduate Research Studies.
10.2.1 The Dean, Graduate Research Studies shall consider matters relevant to the allegation, and shall,
within seven days of receipt of the allegation, decide whether the allegation should be dismissed or
proceed to a hearing. In undertaking the investigation, the Dean, Graduate Research Studies may
interview any persons deemed relevant to the allegation.
10.2.1.1 If the Dean, Graduate Research Studies decides that the allegation should be dismissed,
the Dean, Graduate Research Studies shall, within 10 days of receipt of the allegation, notify the
Head of School and the student, if the student has been advised of the allegation, that the
allegation has been dismissed.
10.2.1.2 If the Dean, Graduate Research Studies decides that the allegation should not be
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dismissed, the allegation shall proceed to a hearing.

10.3 Hearing
10.3.1 If the Dean, Graduate Research Studies decides the allegation should proceed to a hearing, the
Dean, Graduate Research Studies shall, within 10 days of receipt of the allegation, issue written advice to
the student of:
10.3.2 The hearing will be conducted by a Committee comprising:
b) two members of faculty from faculties other than those of the student and the supervisory
committee, appointed by the Chair, Academic Board in consultation with the Dean, Graduate
Research Studies; and
c) a Student Association Case Worker.
Committee.
a) within 28 days of the date of the decision by the Dean, Graduate Research Studies in 10.3.1 meet
and consider all matters relevant to the allegation of misconduct including any guilty plea lodged
by the student; and
c) interview the Head of School (and/or delegated nominee with responsibility for research
training), the members of the students Supervisory Committee and/or any other persons whose
evidence in its opinion may be relevant.
student is dismissed or that the allegation against the student is proved.
10.3.4.1 Where the allegation is proved, the Committee shall decide that:
a) the student receive no recognition for the work involved with the misconduct; or
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b) the students enrolment at the University be cancelled and the student not be permitted to
c) the students enrolment at the University be cancelled and the student be excluded
permanently from enrolment at the University; or
d) another penalty considered appropriate by the Committee.
10.3.4.2 In making the decision in 10.3.4.1, the Committee shall take into account any previous
proven academic misconduct undertaken by the student.
10.3.5 The proceedings before the Hearing Committee may be recorded by electronic means and a
transcript thereof, where required, may be prepared as soon as practicable after the hearing.
under 10.3.4, notify the student, the Dean, Graduate Research Studies and the Head of School, via
written correspondence, or all decisions and the reasons therefore made under 10.3.4 and include any
copy of transcript from 10.3.5. The student will be informed of their right of appeal according to 10.4.
10.4 Appeal
working days of the date of despatch to the student of the decision made in accordance with 10.3.6,
lodge an appeal against the decision, via written correspondence, with the University Secretary, stating
clearly the grounds of the appeal.
10.4.2 A student may only appeal the decision of the Committee on the grounds that procedural
fairness was not followed during:
(Research and Innovation) (Chair), the Senior Deputy Vice-Chancellor or delegated nominee (who shall
be a permanent member of academic staff of professorial status) and a Student Association Case
Worker.Due regard shall be given to gender balance in determining the final membership of the Panel.
10.4.5 The Chair of the Review Panel shall, within seven days of making a decision under 10.4.4, notify
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the Chair, Hearing Committee, the Dean, Graduate Research Studies, the Head of School and the
student, via written correspondence, of the Panels decision and the reasons therefore.
11. Academic Misconduct as Determined by the Chair, Academic Board

In cases of other acts, which in the opinion of the Chair, Academic Board reasonably represent academic
misconduct, the Chair, Academic Board will consult with the University Secretary as to the procedures to be
undertaken.
Approval Details
Policy sponsor:
Director, Student & Academic Services
Approval authority:
Vice-Chancellor
Version no.:
11-1
Date for next review:
09/07/2014
Modification History
Version
no.
Approval
date
Implementation
date
Details
11-1
14/07/2011
15/07/2011
Change of approval authority only from

Council to Vice-Chancellor
09-1
09/07/2009
10/07/2009
08-1
09/10/2008
10/10/2013
05-1
11/08/2005
02-1
05/12/2002
94-1
07/07/1994
Sue Foster of 779staff last updated this page on 21 Aug 2012.
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Student Academic Misconduct Requirements

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Student Academic Misconduct Requirements - JCU

2. Where Academic Misconduct May Occur