Student Discipline Regulations

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Part 1: General
Part 2: Authorities
Part 3: Procedures for Making, Investigating and Resolving Complaints of Student Misconduct
Part 4: Provisions for Appeal
Part 5: Reporting

Preamble

At the time they enrol, students are required to agree to abide by the regulations of the University of Waikato as published in the University of Waikato Calendar. The Student Discipline Regulations provide the framework for addressing alleged breaches of University regulations by students and for applying penalties where breaches are substantiated.

Members of the University community are entitled to operate and interact in an environment of safety and respect. It is expected that students will act with integrity and demonstrate respect for others.

If differences and disputes arise between members of the University community, it is expected that they will attempt to resolve such conflicts reasonably and co-operatively. Discipline procedures should be used only where other methods of resolving conflicts have been ineffective or would be inappropriate.

It is the policy of the University that all discipline procedures conform to the principles of natural justice. The procedures in these regulations have been adopted to safeguard the rights of individuals in this respect.

Student Discipline Regulations 2020

Part 1
General

Title
These are the Student Discipline Regulations 2020.
Date of effect

These regulations are effective from 2 December 2020.

Purpose
The purpose of these regulations is to:
1. define student misconduct
2. explain procedures for making, investigating and resolving complaints of student misconduct, and
3. set out the penalties that may be applied where misconduct by a student is substantiated.
Application
1. These regulations apply to the conduct of students while they are enrolled as students of the University of Waikato.
2. For the purpose of these regulations, the period during which a student is deemed to be enrolled as a student is defined as:
  1. the period in a given year from (inclusively) the Monday of the start week of the paper in the student's programme of study that starts earliest in that year, to the Sunday of the end week of the paper that ends last
  2. any orientation period immediately prior to the start week of the student’s programme of study in a given year, and
  3. any period in which the student is a resident of University of Waikato student accommodation.
3. The processes for dealing with complaints of misconduct may extend beyond the period defined in subsection (2).
4. These regulations apply to the conduct of students:
  1. on any property or in any facility owned or managed by the University (including the halls of residence)
  2. in the context of a University activity regardless of geographic location
  3. where the conduct is related directly to the student's status as a student
  4. where the conduct has harmed or has the potential to harm unfairly another member of the University community, or
  5. where the conduct has harmed or has the potential to harm unfairly the reputation of the University.
5. A student against whom a complaint of misconduct is made, either by a member of the University community or another person, is subject to the discipline procedures set down in these regulations.
6. All authority under these regulations must be exercised in accordance with the principles of natural justice.
Misconduct
1. A student commits misconduct if they:
  1. commit a serious breach of the obligation, shared by staff and other members of the University community, to act towards others reasonably, courteously, considerately and with good faith
  2. behave in a manner that significantly impedes or subverts the efficient functioning of the University in accordance with its statutory role
  3. behave in a manner that discredits, or has the potential to discredit, the University
  4. behave in a manner that constitutes physical, psychological, sexual or racial assault, harassment, discrimination or bullying of any person
  5. breach any regulation published in the University of Waikato Calendar
  6. fail to comply with any reasonable and lawful policy or instruction approved and notified by the Vice-Chancellor, Council, Academic Board, or delegated authority of the Vice-Chancellor, Council or Academic Board
  7. use University property, resources or funds for other than authorised purposes
  8. incur liability on the part of the University without authorisation
  9. behave in a manner that is likely to harm unfairly the reputation or professional prospects of another student or a member of staff
  10. behave in a manner that jeopardises the health or safety of another person
  11. knowingly mislead the University in any significant matter
  12. encourage, assist, or procure a person to commit misconduct, or
  13. otherwise breach the Code of Student Conduct.
Definitions

In these regulations:

bullying means unreasonable behaviour, repeated over time, which is deliberate and intended to humiliate, undermine or otherwise have a detrimental effect on the recipient(s) and/or pose a risk to their health and safety even though it may not be unlawful
class means a lecture, tutorial, laboratory, workshop, practical session, practicum session, placement session, field trip or any other type of learning activity delivered or supervised by a staff member, including those conducted online
discrimination means conduct that results, or is likely to result, in less favourable treatment, or creates, or is likely to create, a less favourable environment, for a person or group of people on any of the prohibited grounds set out in section 21 of the Human Rights Act 1993 or on any other grounds
harassment means any unwelcome comment, conduct or gesture that is insulting, intimidating, humiliating, malicious, degrading or offensive. It might be repeated or an isolated incident that adversely affects someone's performance, contribution or work environment. It can include physical, degrading or threatening behaviour, abuse of power, isolation, discrimination, sexual harassment and racial harassment. It is behaviour that is unwanted by the recipient even if the recipient does not tell the perpetrator that the behaviour is unwanted. It may be unintentional
internal assessment means the portion of the assessment for a paper that is assigned, supervised and marked internally within the relevant Division or the Faculty of Māori and Indigenous Studies; it may include assignments, practical work, work in tutorials, seminars, written or oral tests, recitals, performances or attendance requirements
natural justice means the right to have a decision made by an unbiased decision-maker who observes fair and impartial procedures
programme of study means the selection of papers applied for or taken by a student in any one academic year for a particular qualification
student means a person enrolled at the University of Waikato
summary jurisdiction means a process for dealing with a complaint of misconduct, where a designated person has authority, individually, to obtain and hear evidence, arrive at a judgement and, within the terms of that authority as defined in these regulations, impose a penalty
University means the University of Waikato
University of Waikato student accommodation means a hall of residence (Bryant Hall, College Hall, Orchard Park and Student Village), apartment or other student accommodation operated by the University, and homestay accommodation facilitated by the University.

Annotation of grades

Where a student is refused credit for a paper as a whole as a penalty for misconduct, an NC (No Credit) grade will be awarded for that paper.

Part 2

Authorities

General
1. Unless otherwise specified under Part 3 of these regulations, authorities may determine their own procedures for hearing and deciding complaints of misconduct, provided that they conform to the principles of natural justice, and may issue procedural directions.
2. Authorities may suspend consideration of a complaint of misconduct until such time as any associated Police matter has been concluded.
Authority of staff for discipline in classes
A staff member delivering or supervising a class may dismiss from it, for its duration, any student who, in their judgement, has committed misconduct in that class.
Authority of the Pro Vice-Chancellor of the Division of Health, Engineering, Computing and Science for discipline in laboratories

The Pro Vice-Chancellor of the Division of the Health, Engineering, Computing and Science may exclude from any laboratory in the Division of Health, Engineering, Computing and Science, for up to five working days, any student who, in the Pro Vice-Chancellor’s judgement, has committed misconduct in the laboratory.

Authority of the University Librarian for discipline in the Library
The University Librarian may exclude from the Library, for up to seven days, any student who, in the Librarian’s judgement, has committed misconduct in the Library.
Authority of the Director of Student Systems and Administration for discipline in examinations
1. The Director of Student Systems and Administration may impose a formal warning and/or a fine of up to $100 on any student found to have brought into an examination room an electronic device where that device has, in an examination supervisor’s judgement, made an audible noise during an examination.
2. All other complaints of misconduct in examinations must be directed to the Chairperson of the Student Discipline Committee in accordance with section 14 of these regulations.
Authority of the Director of Student Services and Pastoral Care, Associate Director Student Accommodation and delegated authorities for discipline in University of Waikato student accommodation
1. The Director of Student Services and Pastoral Care has general authority for order and discipline in University of Waikato student accommodation; the Director of Student Services and Pastoral Care has delegated this authority to the Associate Director Student Accommodation.
2. The Associate Director Student Accommodation has delegated authority for day-to-day order and discipline in University of Waikato student accommodation to the relevant Residential Life Manager or equivalent.
3. Where the Director of Student Services and Pastoral Care receives a complaint of misconduct in University of Waikato student accommodation they may
  1. offer summary jurisdiction to the student, or
  2. refer the matter to the Student Discipline Committee.
4. Where the Associate Director Student Accommodation receives a complaint of misconduct in University of Waikato student accommodation they may
  1. offer summary jurisdiction to the student, or
  2. refer the matter to the Director of Student Services and Pastoral Care, or
  3. refer the matter to the Student Discipline Committee.
5. Where a Residential Life Manager or equivalent receives a complaint of misconduct in University of Waikato student accommodation they may
  1. offer summary jurisdiction to the student, or
  2. refer the matter to the Associate Director Student Accommodation
  3. refer the matter to the Director of Student Services and Pastoral Care, or
  4. refer the matter to the Student Discipline Committee
6. If the Director of Student Services and Pastoral Care, Associate Director Student Accommodation or Residential Life Manager or equivalent offers summary jurisdiction, the student may choose to
  1. accept the offer of summary jurisdiction, or
  2. have the matter referred to the Student Discipline Committee.
7. Where the offer to exercise summary jurisdiction is accepted under this section, the Director of Student Services and Pastoral Care, Associate Director Student Accommodation or Residential Life Manager or equivalent must follow the summary jurisdiction procedures set out under section 22 of these regulations.
8. Where the complaint of misconduct is referred to the Student Discipline Committee under this section, the Student Discipline Committee must follow the procedures set out under section 24 of these regulations.
Authority of the Chairperson of the Student Discipline Committee
1. Where the Chairperson of the Student Discipline Committee receives a complaint of misconduct against a student, the Chairperson of the Student Discipline Committee may
  1. offer summary jurisdiction to the student
  2. offer a Tikanga Māori process to the student, or
  3. refer the matter to the Student Discipline Committee.
2. If the Chairperson of the Student Discipline Committee offers summary jurisdiction or a Tikanga Māori process, the student may choose either
  1. to accept the offer of summary jurisdiction or a Tikanga Māori process, or
  2. to have the matter referred to the Student Discipline Committee.
3. Subject to section 15 of these regulations, where the offer to exercise summary jurisdiction is accepted under this section, the Chair of the Student Discipline Committee must follow the summary jurisdiction procedures set out under section 22 of these regulations.
4. Where the offer to exercise a Tikanga Māori process is accepted under this section, the Deputy Vice-Chancellor Māori must follow the procedures set out under section 23 of these regulations.
5. Where the complaint of misconduct is referred to the Student Discipline Committee under this section, the Student Discipline Committee must follow the procedures set out under section 24 of these regulations.
6. Subject to the agreement of the Vice-Chancellor, the Chairperson of the Student Discipline Committee may delegate their authority under these regulations.
Authority of Academic Delegates
1. The authority of the Chairperson of the Student Discipline Committee to exercise summary jurisdiction under section 14 of these regulations may be delegated to an Academic Delegate, provided that
  1. the complaint involves alleged plagiarism or cheating in a pre-degree, 100 or 200 level item of internal assessment which is worth less than 33% of the total assessment for the paper concerned
  2. the student who is the subject of the complaint has not previously had a finding of misconduct against them under these regulations, and
  3. the student against whom the complaint is made accepts the delegated authority of the Academic Delegate.
2. Where authority to exercise summary jurisdiction is delegated by the Chairperson of the Student Discipline Committee to an Academic Delegate under this section, the Academic Delegate must follow the summary jurisdiction procedures set out under section 22 of these regulations.
3. The Chairperson of the Student Discipline Committee is responsible for maintaining a list of Academic Delegates appropriately trained in the summary jurisdiction procedures set out under section 22 of these regulations.
Authority of the Student Discipline Committee
1. The Student Discipline Committee is a committee of the Academic Board with delegated authority to exercise the powers and responsibilities set out in these regulations in accordance with the procedures set out under section 24 of these regulations.
2. The Student Discipline Committee comprises
  1. a staff member with appropriate expertise appointed as Chairperson for a designated term by the Vice-Chancellor
  2. two people appointed by the Chairperson of the Student Discipline Committee from a pool of twelve staff including four based in Tauranga, nominated by the Academic Board for terms of up to three years such that the terms of the members provide for continuity
  3. two students, one of whom is enrolled at the undergraduate level and one of whom is enrolled at the postgraduate level, appointed by the Chairperson of the Student Discipline Committee from a pool of eight students; the pool of students, five of whom are enrolled at the undergraduate level including two based in Tauranga, and three of who are enrolled at the postgraduate level including one based in Tauranga, is appointed by the Chairperson of the Student Discipline Committee after consultation with the student members of the Academic Board.
3. The Chairperson of the Student Discipline Committee may appoint an adviser or advisers to assist at a hearing in relation to particular aspects of a case; the Chairperson may also co-opt the adviser or advisers as a member of the Student Discipline Committee for that hearing.
4. One member of the pool of staff nominated by the Academic Board may be appointed by the Chairperson of the Student Discipline Committee as Deputy Chairperson; the Chairperson of the Student Discipline Committee may from time to time delegate their powers and responsibilities, as set out in these regulations, to the Deputy Chairperson.
5. No meeting of the Student Discipline Committee may be held unless the Chairperson or Deputy Chairperson, at least one staff member and at least one student are present.
Authority of the Student Discipline Appeals Committee
1. The Student Discipline Appeals Committee is a committee of Council with delegated authority to exercise the powers and responsibilities set out in these regulations in accordance with the procedures set out under section 27 of these regulations.
2. The Student Discipline Appeals Committee comprises
  1. two members appointed by and from Council, and
  2. one other member, who is either a member of Council, or a staff member, Emeritus Professor or Honorary Fellow of the University, appointed by Council on the basis of their knowledge of legal processes, who is Chairperson.
3. The Chairperson of the Student Discipline Appeals Committee may appoint an adviser to assist at a hearing in relation to particular aspects of a case; the Chairperson may also co-opt that adviser as a member of the Student Discipline Appeals Committee for that hearing.
4. Subject to the agreement of the Chancellor, the Chairperson of the Student Discipline Appeals Committee may delegate their authority under these regulations.
Authority of the Deputy Vice-Chancellor Māori
1. The Deputy Vice-Chancellor Māori has authority to determine the arrangements for the Tikanga Māori process set out under section 23 of these regulations.
2. Subject to the agreement of the Vice-Chancellor, the Deputy Vice-Chancellor Māori may delegate their authority under these regulations.
Authority of the Vice-Chancellor
1. The Vice-Chancellor may exclude a student from the University, or limit access to any designated part, system or facility of the University, if the student has been convicted of a criminal offence and if, in the Vice-Chancellor's judgement, the nature of the offence impinges detrimentally, or has the potential to impinge detrimentally, on the University or its staff or students.
2. The Vice-Chancellor may, on suspicion of possible misconduct, initiate an investigation of the conduct of a student, whether or not there has been a complaint of misconduct. Any investigation under this section and any procedure related to that investigation must be consistent with these regulations.
3. The Vice-Chancellor may, on suspicion of possible misconduct or pending the resolution of a complaint of misconduct, suspend a student when and to whatever extent they consider it necessary from
  1. any University building, premises, grounds or University of Waikato student accommodation
  2. any class
  3. any event organised by the University
  4. use of any resource of the University.
4. When considering whether to suspend a student under subsection (3) the Vice-Chancellor shall take into account the following:
  1. the best interest of the students, staff and other members of the University community
  2. the physical safety of the students, staff and other members of the University community
  3. the orderly conduct of teaching, research and administration of the University
  4. the protection of the property or resources of the University
  5. the potential effects of suspension on the student’s programme of study, and any other matters raised by the student
  6. any other matters the Vice-Chancellor considers appropriate in the circumstances.
5. The Vice-Chancellor may delegate their authority under these regulations.
Authority of Council
1. Council may withdraw or refuse to grant an academic award if it is satisfied that the candidate has committed misconduct in relation to the award while enrolled, or been otherwise dishonest in relation to the award.
2. Council must consult with the Academic Board before taking a decision under this section; the advice of the Academic Board must be based on a recommendation by the Student Discipline Committee.
3. The principles and processes followed by the Student Discipline Committee in formulating its recommendation to the Academic Board must be consistent with the principles and procedures outlined in these regulations for the investigation and hearing of allegations of misconduct.
4. The Academic Board must make all reasonable effort to ensure that the candidate concerned receives prior notification of the advice that it intends to give to Council and is given an opportunity to make a written submission directly to Council.
5. A decision by Council under this section is final.

Part 3

Procedures for Making, Investigating and Resolving Complaints of Student Misconduct

Procedures for making a complaint
1. Any person may lodge a complaint of misconduct against a student.
2. A complaint of student misconduct must be made in writing
  1. if it relates to student conduct in University of Waikato student accommodation, to the Director of Student Services and Pastoral Care, Associate Director Student Accommodation or relevant Residential Life Manager or equivalent
  2. if it is of the nature set out under section 15(1)(a) of these regulations and the authority of the Chairperson of the Student Discipline Committee has been delegated to an Academic Delegate under section 15(1), to the relevant Academic Delegate
  3. in cases other than (a) or (b), to the Chairperson of the Student Discipline Committee.
3. If a person who is a party to a complaint of misconduct fails to respond to a communication by a relevant authority, provided the authority has made all reasonable effort to locate and contact that person and to provide adequate opportunity for a response, the authority may proceed to deal with the complaint at their discretion.
Summary jurisdiction
1. Summary jurisdiction may be exercised by the following authorities:
  1. the Director of Student Services and Pastoral Care, Associate Director Student Accommodation or Residential Life Manager or equivalent under section 13 of these regulations
  2. the Chairperson of the Student Discipline Committee under section 14 of these regulations
  3. an Academic Delegate under section 15 of these regulations.
2. A student who accepts summary jurisdiction may write an answer to the complaint.
3. The complainant and the student
  1. must be given the opportunity to appear and give evidence at a summary jurisdiction meeting with the relevant authority
  2. may be required to attend, at the authority’s discretion
  3. may be accompanied at the meeting by any other person to act as an adviser or support person, subject to any conditions that the authority may impose.
4. Where an authority exercises summary jurisdiction, it determines whether the student has committed misconduct on
  1. the evidence provided by the complainant and the student, and
  2. any other evidence, written or oral, that they may seek or accept at their discretion, provided that this evidence is disclosed to the student and they are given the opportunity to comment on it.
5. The authority may decide at any time to take no further action on a complaint of misconduct if, in their judgement
  1. the evidence provided by the complainant is insufficient
  2. the subject matter of the complaint is trivial
  3. the complaint is frivolous, vexatious, or not made in good faith, or
  4. the complaint falls outside the scope of these regulations.
6. If, having investigated a complaint, an authority determines that a student has committed misconduct, they may take one or more of the following actions:
  1. issue to the student a warning containing a statement of the possible consequences if the act or behaviour that provoked the complaint is repeated
  2. require an undertaking from the student as to future behaviour while enrolled at the University and set in place provisions for monitoring the student's behaviour in keeping with the undertaking
  3. require the student to provide any appropriate and available remedy to relieve distress, or repair damage, or correct a mistake
  4. require the student to make a public or private apology, either written or spoken in the case of summary jurisdiction exercised by the Director of Student Services and Pastoral Care, Associate Director Student Accommodation, Residential Life Manager or equivalent under section 13 of these regulations
  5. require the student to pay, by a given date, a sum of up to the equivalent of one week's board or rent at the relevant University of Waikato student accommodation
  6. require the student to undertake community service work in the relevant University of Waikato student accommodation of whatever nature the authority thinks fit
  7. require the student to participate in a specified educational and/or training programme related to the misconduct, in terms prescribed by the Director of Student Services and Pastoral Care, Associate Director Student Accommodation, Residential Life Manager or equivalent and within a prescribed period
  8. impose an alcohol ban
  9. impose a visitor ban
  10. require the student to transfer to other University of Waikato student accommodation
  11. exclude the student from the relevant University of Waikato student accommodation for up to one year
  12. exclude the student from, or limit access to, a designated part or facility of the relevant University of Waikato student accommodation for up to one year, in the case of summary jurisdiction exercised by the Chairperson of the Student Discipline Committee under section 14 of these regulations
  13. require the student to pay, by a given date, compensation or a fine of up to $500
  14. arrange for the student to be formally reprimanded by the relevant Pro Vice-Chancellor or Deputy Vice-Chancellor, either in person or in writing
  15. suspend the student from attendance at any class or programme for up to one year
  16. exclude the student from, or limit access to, any designated part or facility of the University for up to one year
  17. if the misconduct is related to a particular paper or programme of the University,
    1. require the student to repeat or complete additional assessment
    2. refuse or reduce credit for part or all of an individual item of assessment, or refuse credit for a paper as a whole
  18. require the student to participate in a specified educational and/or training programme related to the misconduct, in terms prescribed by the Chairperson of the Student Discipline Committee and within a prescribed period
  19. annotate the student's academic record accordingly, either permanently or for a period of time designated by the Chairperson of the Student Discipline Committee, in the case of summary jurisdiction exercised by an Academic Delegate under section 15 of these regulations
  20. require the student to repeat or complete additional assessment
  21. refuse or reduce credit for part or all of an individual item of assessment
  22. require the student to participate in a specified educational and/or training programme related to the misconduct, in terms prescribed by the authority and within a prescribed period.
7. The authority must exercise their discretion in the matter as expeditiously as possible.
8. The authority is responsible for communicating the outcome of the complaint, in writing, to the complainant, the student answering the complaint, and the Chairperson of the Student Discipline Committee as expeditiously as possible.
Tikanga Māori
1. The spirit of tikanga is to seek resolutions to complaints in a Māori way that encourages a facilitated open exchange of views, in order to achieve a resolution that is agreed by all the parties involved.
2. A complaint may only be addressed through the Tikanga Māori process if
  1. the complainant
  2. the student answering the complaint
  3. the Chairperson of the Student Discipline Committee, and
  4. the Deputy Vice-Chancellor Māori agrees to the arrangements determined under subsection (3).
3. The Deputy Vice-Chancellor Māori is responsible for determining the arrangements for the Tikanga Māori process after discussion with the parties and for informing the parties of the nature and implications of the process.
4. If, at any time after having agreed to the agreements determined under subsection (3), the complainant or the student answering the complaint wishes to withdraw from the Tikanga Māori process, they may do so only with the agreement of all other parties listed under subsection (2); in such cases, the complaint will be referred back to the Chairperson of the Student Discipline Committee for reconsideration under section 14 of these regulations.
5. Under the Tikanga Māori process a resolution is negotiated by the complainant and the student answering the complaint.
6. The process is facilitated by the Deputy Vice-Chancellor Māori, assisted by a tikanga panel appointed by the Deputy Vice-Chancellor Māori
7. In negotiating a resolution under subsection (5), the complainant and the student answering the complaint are authorised to take any of the actions that are available under summary jurisdiction procedures, as provided under section 22 of these regulations.
8. A resolution negotiated by the complainant and the student answering the complaint is final; there is no right of appeal.
9. The Deputy Vice-Chancellor Māori is responsible for reporting the resolution negotiated under subsection (5), in writing, to the complainant, the student answering the complaint, and the Chairperson of the Student Discipline Committee as expeditiously as possible.
10. The Chairperson of the Student Discipline Committee is responsible for ensuring that all appropriate records relating to the outcome are maintained.
11. Failure to comply with a resolution negotiated under this section is misconduct.
Procedures of the Student Discipline Committee
1. The Student Discipline Committee must convene as soon as is practicable to hear
  1. the evidence provided by the complainant and the student, and
  2. any other evidence, written or oral, that the Committee may seek or accept at its discretion, provided that this evidence is disclosed to the student and they are given the opportunity to comment on it.
2. Written notice of the time, date and place of the hearing of the Student Discipline Committee, together with full details of the substance of the complaint, must be sent to the student against whom the complaint has been made, at least 14 days before the date of the hearing.
3. The student who is the subject of the complaint may write an answer to the complaint.
4. Both the complainant and the student answering the complaint
  1. must be given the opportunity to appear and give evidence at the Student Discipline Committee hearing
  2. may be required to attend, at the Committee's discretion
  3. may be accompanied at the hearing by another person to act as an adviser or support person, subject to any conditions that the Student Discipline Committee may impose.
5. The Student Discipline Committee may decide at any time to take no further action on a complaint of misconduct if, in its judgement,
  1. the evidence provided by the complainant is insufficient
  2. the subject matter of the complaint is trivial
  3. the complaint is frivolous, vexatious, or not made in good faith, or
  4. the complaint falls outside the scope of these regulations.
6. If misconduct is substantiated, the Student Discipline Committee may take one or more of the following actions:
  1. issue to the student a warning containing a statement of the possible consequences if the act or behaviour that provoked the complaint is repeated
  2. require an undertaking from the student as to future behaviour while they remain enrolled at the University and set in place provisions for monitoring the student's behaviour in keeping with the undertaking
  3. require the student to provide any appropriate and available remedy to relieve distress, or repair damage, or correct a mistake
  4. require the student to make a public or private apology, either written or spoken
  5. require the student to pay, by a given date, compensation or a fine of up to $1000
  6. arrange for the student to be formally reprimanded by the relevant Pro Vice-Chancellor or Deputy Vice-Chancellor, either in person or in writing
  7. suspend the student from attendance at any class or programme for up to one year
  8. exclude the student from, or limit access to, any designated part or facility of the University for a specified period of time or permanently
  9. cancel a student's enrolment at the University, as a whole or in respect of any paper or programme, for a specified period of time or permanently
  10. if the misconduct is related to a particular paper or programme of the University,
    1. require the student to repeat or complete additional assessment
    2. refuse or reduce credit for part or all of an individual item of assessment, or refuse credit for a paper as a whole
  11. require the student to participate in a specified educational and/or training programme related to the misconduct, in terms prescribed by the Student Discipline Committee and within a prescribed period
  12. annotate the student's academic record accordingly, either permanently or for a period of time designated by the Chairperson of the Student Discipline Committee.
7. The Student Discipline Committee must exercise its jurisdiction in the matter as expeditiously as possible.
8. The outcome must be communicated to the complainant and the student as expeditiously as possible.
9. Failure to comply with a resolution negotiated or determined under this section is misconduct.

Part 4

Provisions for Appeal

Provision for appeal to the Director of Student Services and Pastoral Care
1. Any party to a complaint of student misconduct (the complainant or the student who was the subject of the complaint) may appeal to the Director of Student Services and Pastoral Care against any decision taken by the Associate Director Student Accommodation or Residential Life Manager or equivalent with authority for discipline in University of Waikato student accommodation under section 13 of these regulations.
2. An appeal must be addressed and submitted in writing to the Director of Student Services and Pastoral Care.
3. An appeal must be received by the Director of Student Services and Pastoral Care not more than 14 days after the date on which the relevant decision was formally notified, and must include details of the grounds for the appeal.
4. An appeal may be made only on one or more of the following grounds:
  1. that the process used for addressing the alleged misconduct was unfair
  2. that the decision reached was manifestly at odds with the evidence
  3. that the remedy imposed was manifestly at odds with the misconduct
  4. that significant new evidence has become available that could not reasonably have been obtained and presented during the initial process and that could have a material effect on the outcome.
5. The Director of Student Services and Pastoral Care must hear the appeal as expeditiously as possible.
6. The appellant and the authority that made the original discipline decision
  1. must be given the opportunity to appear and give evidence at the appeal hearing
  2. may be accompanied by another person to act as an adviser or support person, subject to any conditions that the Director of Student Services and Pastoral Care may impose.
7. Having heard an appeal, the Director of Student Services and Pastoral Care may
  1. dismiss the appeal and uphold the original decision
  2. vary the decision with respect to the original complaint
  3. require any appropriate and available remedy to settle the appeal.
8. The Director of Student Services and Pastoral Care may not impose a penalty that could not otherwise be imposed under these regulations by the authority that made the decision appealed against.
9. The outcome must be communicated to the appellant, the authority that made the original discipline decision and the Chairperson of the Student Discipline Committee as expeditiously as possible.
10. Failure to comply with a resolution negotiated or determined under this section is misconduct.
11. The decision of the Director of Student Services and Pastoral Care on an appeal is final.
Provision for appeal to the Chairperson of the Student Discipline Committe
1. Any party to a complaint of student misconduct (the complainant or the student who was the subject of the complaint) may appeal to the Chairperson of the Student Discipline Committee against any decision taken by
  1. the Pro Vice-Chancellor of Health, Engineering, Computing and Science under section 10 of these regulations
  2. the University Librarian under section 11 of these regulations
  3. the Director of Student Services and Pastoral Care under section 12 or section 13 of these regulations, unless it is an appeal decision under section 27 of these regulations, or
  4. an Academic Delegate under section 15 of these regulations.
2. An appeal must be addressed and submitted in writing to the Chairperson of the Student Discipline Committee, together with the prescribed fee; it must include a postal address and must be signed.
3. An appeal must be received by the Chairperson of the Student Discipline Committee not more than 14 days after the date on which the relevant decision was formally notified, and must include details of the grounds for the appeal.
4. An appeal may be made only on one or more of the following grounds:
  1. that the process used for addressing the alleged misconduct was unfair
  2. that the decision reached was manifestly at odds with the evidence
  3. that the remedy imposed was manifestly at odds with the misconduct
  4. that significant new evidence has become available that could not reasonably have been obtained and presented during the initial process and that could have a material effect on the outcome.
5. The Chairperson of the Student Discipline Committee must hear the appeal as expeditiously as possible.
6. The appellant and the authority that made the original discipline decision
  1. must be given the opportunity to appear and give evidence at the appeal hearing
  2. may be accompanied by another person to act as an adviser or support person, subject to any conditions that the Chairperson of the Student Discipline Committee may impose.
7. Having heard an appeal, the Chairperson of the Student Discipline Committee may
  1. dismiss the appeal and uphold the original decision
  2. vary the decision with respect to the original complaint
  3. require any appropriate and available remedy to settle the appeal.
8. The Chairperson of the Student Discipline Committee may not impose a penalty that could not otherwise be imposed under these regulations by the authority that made the decision appealed against.
9. The outcome must be communicated to the appellant and the authority that made the original discipline decision as expeditiously as possible.
10. Failure to comply with a resolution negotiated or determined under this section is misconduct.
11. The decision of the Chairperson of the Student Discipline Committee on an appeal is final.
Provision for appeal to the Student Discipline Appeals Committee
1. Any party to a complaint of student misconduct (the complainant or the student who was the subject of the complaint) may appeal to the Student Discipline Appeals Committee, a committee of Council, against any decision made under these regulations
  1. by the Vice-Chancellor under section 19 of these regulations
  2. by the Chairperson of the Student Discipline Committee under section 22 of these regulations
  3. by the Student Discipline Committee under section 24 of these regulations.
2. An appeal must be addressed and submitted in writing to the Secretary to the Student Discipline Appeals Committee, together with the prescribed fee; it must include an email address and must be signed.
3. An appeal must be received by the Secretary to the Student Discipline Appeals Committee not more than 14 days after the date on which the relevant decision was formally notified, and must include details of the grounds for the appeal.
4. An appeal may be made only on one or more of the following grounds:
  1. that the process used for addressing the alleged misconduct was unfair
  2. that the decision reached was manifestly at odds with the evidence
  3. that the remedy imposed was manifestly at odds with the misconduct
  4. that significant new evidence has become available that could not reasonably have been obtained and presented during the initial process and that could have a material effect on the outcome.
5. The Student Discipline Appeals Committee must hear appeals as expeditiously as possible.
6. The appellant must be given the opportunity to appear and give evidence at the appeal hearing and may be accompanied by another person to act as an adviser or support person, subject to any conditions that the Student Discipline Appeals Committee may impose.
7. The other parties to the complaint, including the authority that made the original discipline decision, must also be given the opportunity to appear and give evidence.
8. Having heard an appeal, the Student Discipline Appeals Committee may
  1. dismiss the appeal and uphold the original decision
  2. vary the decision with respect to the original complaint
  3. refer the complaint back to the authority that made the decision appealed against, for rehearing.
9. The Student Discipline Appeals Committee may not impose a penalty that could not otherwise be imposed under these regulations by the authority that made the decision appealed against.
10. The outcome must be communicated to the student and the other parties to the complaint, including the authority that made the original discipline decision, as expeditiously as possible.
11. Failure to comply with a resolution negotiated or determined under this section is misconduct.
12. The decision of the Student Discipline Appeals Committee on an appeal is final.
13. At the discretion of the Chairperson of the Student Discipline Appeals Committee, the fee for an appeal may be refunded, either in full or in part, if the appeal is decided in the appellant's favour.

Part 5

Reporting

Reports to the Academic Board

The Chairperson of the Student Discipline Committee must submit an annual report through the Education Committee to the Academic Board, including

an overview of summary jurisdiction decisions taken during the relevant year by the Chairperson of the Student Discipline Committee, Academic Delegates and any others who have exercised authority delegated by the Chairperson of the Student Discipline Committee
an overview of decisions through the Tikanga Māori process
an overview of decisions by the Student Discipline Committee
an overview of appeals heard by the Chairperson of the Student Discipline Committee or their delegate
an overview of student discipline matters, including any patterns or trends
an statement about the appropriateness and effectiveness of current regulations, policies and processes concerning student discipline, and
any recommendations with respect to current regulations, policies and processes concerning student discipline.

Reports to Council
The outcome of any appeal heard by the Student Discipline Appeals Committee must be reported to the next meeting of the Council.
Confidentiality
1. All processes and decisions under these regulations are confidential to the parties involved and to staff responsible for administering student discipline processes and maintaining students’ academic records.
2. Relevant information may be made available to relevant Pro Vice-Chancellors, Heads of Schools, Deans and other staff responsible for student progress and for maintaining the University’s academic standards and the integrity of its assessment processes.
3. Relevant information may be made available to relevant staff responsible for the placement of students in work placements and practicums as part of a safety check (vetting) process.