Procedure Statement

The purpose of this procedure is to provide Bendigo TAFE staff with guidelines to address incidents of student misconduct fairly, promptly, and in accordance with both the Bendigo TAFE Student Discipline Policy and the Bendigo TAFE Student Code of Conduct, and impose disciplinary penalties where warranted.

This procedure applies to all students of Bendigo TAFE, including overseas.

Note: Staff working in Corrections Education Centres or at MJJC should familiarise themselves with the relevant CORE/DHS policies & procedures for dealing with & reporting student discipline issues.

Definitions

Committee means the Student Appeals or Grievance Committee, which is a Committee of the Council.

Council means the Bendigo TAFE Council.

Chief Executive Officer means the authorised of nominee.

Exclusion means the removal, for a specified period of time, of a person’s right to enter, remain, and participate in all or specified parts of the precincts of the Institute, and all or specified facilities, classes, examinations, assessments, tests, examinations, and other events or activities of, or under the control of the Institute. “Exclude” shall have a similar meaning.

Expulsion means the termination of a student’s enrolment/s at Bendigo TAFE, and the removal of a person’s right to be a student of the Institute. The permanency of the expulsion will be to the discretion of the CEO based on the misconduct. “Expel” shall have similar meaning.

Institute Refers to Bendigo TAFE.

Show Cause refers to the student’s right of reply, to demonstrate in writing grounds sufficient for the purpose of requesting a change of decision regarding the course of disciplinary action.

Plagiarism means to copy or present other people’s words or ideas as one’s own, i.e., without proper acknowledgement of the original author.

Misconduct means any conduct that wilfully impedes the core function of Bendigo TAFE, or that impairs the reasonable freedom of other persons to pursue their studies or research at the Institute, or to participate safely in the life of the Institute, or breaches the Student Code of Conduct in any other way. Misconduct refers to inappropriate conduct within Bendigo TAFE premises & during attendance at Bendigo TAFE controlled or sponsored events & activities, and includes the following actions:

Failure to comply with any reasonable instruction of a member of staff of the Institute that is for the purpose of maintaining a safe  learning environment, including any instruction given to a student to identify his/herself by the production of a student identity card.

Wilful or negligent damage to, or unauthorized removal of any property belonging to:

a) Bendigo TAFE;

b) any student, or member of staff within the premises of Bendigo TAFE; or

c) any person or organisation within the premises of Bendigo TAFE.

Wilful failure to comply with:

a) any relevant Bendigo TAFE policy or procedure

b) any authorised notice

Behaviour that compromises the safety of any person within the Bendigo TAFE community, including harassment, bullying & assault; therefore acts contrary to the Bendigo TAFE Sexual Harassment Policy or the Bendigo TAFE Bullying & Occupational Violence Policy.

• Acts contrary to the Bendigo TAFE Equal Opportunity Policy.
• Behaviour that adversely affects the learning environment or in any way impedes the delivery of teaching and the learning environment;
• Illegal activity of any kind
• Cheating, plagiarising, or attempting to cheat (i.e., deliberately gain unfair advantage in any way) or knowingly assisting any other student to do so at, or in respect of, any examination, test, assignment, or other means of assessment conducted by, or on behalf of Bendigo TAFE.
• Wilfully entering unauthorized areas within Bendigo TAFE without authorization &/or supervision by a relevant Bendigo TAFE staff member.
• Consumption or use of any alcohol &/or other prohibitive substances, which  includes possession, using, or trafficking in a drug of addition or drugs of dependence within the meaning of the Crimes Act 1958, or the Drugs, Poisons and Controlled Substances Act 1981, or any Act in substitution thereof.
• Exceptions are only given where alcohol is required as part of a training course.
• Smoking within Bendigo TAFE owned or leased buildings (including stairwells & within 5 metres of doorways and air intakes) or vehicles.
• Knowingly publishing any confidential information of, or held by, Bendigo TAFE.
• Failure by or within the required date or period, to pay or otherwise observe any fee or charge, or fine, or other penalty, imposed under any Bendigo TAFE policy or procedure.
• Non-attendance of classes beyond the limit specified by the course & without informing relevant Bendigo TAFE staff of the said reasonable cause.
• Use of obscene or offensive language
• Improper use of computer facilities including hardware, software, the internet or email (see Information Technology Usage Policy Pol303)

Disciplinary Powers means the specified powers held by Bendigo TAFE staff members, according to their position held within the Institute, in responding to incidents of misconduct. The Institute Council has delegated “disciplinary powers” which stipulate the following:

Please note that a staff member which falls into the level one of disciplinary powers does not have the same level of discipline power as a staff member in level 2. This applies to all levels with the disciplinary powers. An issue can be taken to a higher level authority when warranted.

Any Bendigo TAFE staff member refer to Level 1

Teaching staff members, of the Department in which the student is enrolled refer to Level 2

Executive Director Education and Training and Heads of School and both Campus and Unit Managers in consultation with Heads of School refer to Level 3

The Executive Director refer to Level 4

The CEO refer to Level 5

Contents

1. Summary of Levels of Authority in exercising Disciplinary Powers
2. Level 1
3. Level 2
4. Level 3
5. Level 4
6. Level 5
7. Associated Documents
8. Continuous Improvement
9. Flowcharts

Any Bendigo TAFE staff member has the right to ask a student to discontinue a behaviour that is disruptive to the learning environment, or is breaching the rights of other members of the Bendigo TAFE community.

Notes: Any authority that resides with a lower level staff member, by implication, resides with someone at a higher level.

A Disciplinary Action/Penalty becomes formal when it exceeds verbal reprimand, at Level 2.

The penalty imposed will be determined by the level of severity of the misconduct and by the need to ensure a safe learning environment is maintained.  Proceedings may therefore be referred to a higher level of authority in the first instance of the misconduct, dependent on severity of that misconduct.  Where misconduct continues, the staff member may refer the matter to a higher level of authority, and/or impose a stricter penalty where they hold the disciplinary power to do so.

Any staff member of the Bendigo TAFE community has the right to ask a student to discontinue a behaviour that is disruptive to the learning environment, or is breaching the rights of other members of the Bendigo TAFE community.

2. Level 1

Authorised Staff:

• All staff

Level of Disciplinary Powers:

• Verbal reprimand
• Referral to Head of School (of the program in which student is enrolled) if warranted
• Request for production of Student Identification Card
• Where the student fails to produce an ID card, or confirm their student status, the person is  to be asked to leave.

Action:

• Verbal reprimand issued
• Consultation with Team Leader/Manager as needed
• Ask person to leave, if they are not able to neither confirm student status nor provide valid  reason for being on the premises.
• Email/phone contact with Teaching Department Manager as needed
• Diary entry/email to document incident
• If student agrees refer student at risk to the Bendigo TAFE personal counsellor

Evidence:

• Diary entry of incident
• Email to Head of School

3. Level 2

Authorised Staff:

• Teaching Department Managers
• Teachers within the Department in which the student is enrolled

Action:

• Verbally warn the student that disciplinary action may be taken against them (informal).
• Imposition of a penalty (e.g.. exclusion from Bendigo TAFE premises for up to one (1)  Institute Attendance day). Any formal penalty imposed MUST be advised by writing, either  handed directly to the student or by mail as is practicable to a given situation.  A formal penalty includes any penalty beyond verbal reprimand. For students under the age of 18,  notify parents or guardians
• Formal written warning or advice informing the student of one or more of the following:
• Disciplinary action due to an occurrence of misconduct is being taken against them, including relevant details of the misconduct for which the penalty was imposed; 
• The student is at risk of disciplinary action being taken against them due to misconduct, should the misconduct continue, &/or;
• Request to meet with student to discuss misconduct.

All written correspondence MUST include:

• Details of the misconduct of which the student is being accused,
• Statement of the penalty (if any) imposed,
• a copy of the Student Code of Conduct,
• Advise the student of the right to appeal the decision and that the student may wish to  consider such action within the provisions of the Student Grievance Procedure Proc505.
• Advise the student that they may contact the Bendigo TAFE Personal Counsellor for  support, advice and information;
• Advise the student that they can attend any requested meetings with a support person if  they so desire,
• Provide the student with a copy of the Student Grievance Procedure Proc505 and Student  Grievance Policy Pol503.
• Record incident and any action taken on student file (via notes or copy of Student  Disciplinary Action Form),
• Where formal disciplinary action is imposed on a student, the person imposing the penalty,  to their line manager not later than the next working day, shall report it on a Discipline  Action Form

Applicable to:

• Heads of School
• Teaching Department Managers

Level of Authority:

• Exclude the student from Bendigo TAFE premises for a period of up to three (3) Institute   Attendance days.  For students under the age of 18, notify parents or guardians
• Place the student on a written agreement after counselling and/or discussion with Student Services, the teacher(s) & Heads of School and Director, and where appropriate the    student’s parents/guardians.
• Propose financial penalty for recovery or repair of damages – needs endorsement from CEO.
• AND any of the powers contained in Levels 1-2.

Action:

• Student must be formally notified in writing of any action/penalty taken as a result of their   misconduct (advise in writing as per detailed in Level 2)
• Student may be requested in writing to attend a meeting in relation to their misconduct.
• Outcome of meeting may include Student Discipline Written Agreement.
• Regardless of whether a student signs an agreement, they can be placed in the Student   Discipline Written Agreement, which stipulates the behavioural boundaries by which they   must abide in order to continue to participate in their studies at Bendigo TAFE.
• Record of the meeting is to be placed on the student’s file, and the student to be informed   in writing of outcome of the meeting.
• Where a student fails to attend a meeting, and cannot provide a legitimate excuse, they   are to be informed in writing of the decisions made with regard to any disciplinary action   incurred. Action may include placing the student on a Student Discipline Written     Agreement, referring the matter to the Executive Director, or other penalties listed above.
• Refer matter to appropriate Executive Director where staff member considers that, in    addition to summary penalty imposed, the misconduct of the student warrants referral for   further disciplinary action.  The person making the referral shall inform the student in    writing.
• Where a financial penalty is to be imposed, the certification by the CEO as to the value of   the property damaged shall be conclusive and fully documented.
• Where exclusion has been imposed notify the Executive Director Education & Training in   writing.

Evidence:

• File copy of Written Agreement
• File copy of correspondence
• Email/Memo

5. Level 4

Applicable to:

• Executive Director

Level of Authority:

• Exclude the student from Bendigo TAFE premises for a period of up to five (5) Institute   Attendance days.  For students under the age of 18, notify parents or guardians
• Propose financial penalty for recovery or repair of damages – needs endorsement from   CEO.
• AND any of the powers contained in Levels 1-3.

Action:

• Written correspondence requesting that the student attend a meeting and/or issuing notice   of penalty.
• Written correspondence informing the student of the period of exclusion.
• Document/file all correspondence.
• Minute relevant meeting(s) held and file meeting record.
• Refer matter to CEO where Executive Director considers that, in addition to summary    penalty imposed, the misconduct of the student warrants referral for further disciplinary   action.  The person making the referral shall inform the student in writing.
• Where a financial penalty is to be imposed, the certification by the CEO as to the value of   the property damaged shall be conclusive and fully documented.

Evidence:

• File copy of correspondence
• Meeting record(s)
• File notes
• Email/Memo

6. Level 5

Applicable to:

• CEO

Level of Authority

• Expel the student
• Vary the student’s assessment or grade the student having failed in any subject in which misconduct in relation to assessment of that subject has occurred.
• Impose a financial penalty for damage to Bendigo TAFE property incurred by the student.
• Overturn penalties imposed by staff members where there are clear grounds for appeal.
• AND any of the powers contained in Levels 1-4.

Action:

• Written correspondence requesting that student attends a meeting and/or issuing notice of penalty.
• Where a financial penalty is to be imposed, the certification by the CEO as to the value of the property damaged shall be conclusive and fully documented.
• Written correspondence informing student of the penalty imposed MUST include the student’s right to Show Cause, that is, the student’s right to respond in writing to the CEO with the opportunity to explain and provide any supporting evidence which may benefit his/her position towards having the decision overturned, within (5) working days of the date of the correspondence.
• Document/file all correspondence.
• Minute relevant meeting(s) held and file meeting record.
• Student Services to be notified so a block can be put on all outgoing information and Library and IT units notified.

Evidence:

• File copy of correspondence.
• Meeting record (s)
• File notes.
• Email/Memo.

7. Associated Documents

The following documents are available on the Business Management System (BMS) unless stated otherwise:

BENDIGO TAFE Policies and Procedures

Pol303 Information Technology Usage Policy
Pol206 Equal Opportunity Policy
Pol701 Sexual Harassment Policy
Pol504 Student Discipline Policy
Pol503 Student Grievance Policy
Proc505 Student Grievance Procedure
Proc202 Equality of Access Procedure
Proc705 Preventing Workplace Bullying and Occupational Violence Procedure
Proc704 Sexual Harassment Procedure

Guidelines

GTA014 Guidelines for dealing with Students who are alcohol and drug affected

Forms

FTA010 Student Discipline Summary & Action Form
FTA011 Student Discipline Written Agreement
FOH017 Workplace Bullying Incident Report Form 

General Information

BSA003 Student Code of Conduct

For suggestions and improvements : quality@britafe.vic.edu.au

9. Flowcharts

Proc504 Student Discipline Procedure flow chart.pdf - please note: an issue can be taken to a higher level authority when warranted without the need of going through the steps.  The procedure is not a step by step approval.

Warning – Uncontrolled when printed. The current version of this document is kept on the BMS.