Policy Statement

To ensure Student Discipline matters are dealt with promptly, fairly and equitably, in the spirit of maintaining a safe, secure and equitable learning environment, and that the process observes the principles of natural justice.

This policy and its procedures apply to all students of Bendigo TAFE .

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

This policy is to clarify that Bendigo TAFE will undertake to address incidents of student misconduct in a fair and appropriate manner, and to ensure that the boundaries of authority which Bendigo TAFE Council and staff members hold, enable the management of student discipline issues, in order to ensure that:

• A safe learning environment is maintained;
• Studies are assessed in the spirit of fairness;
• The core business of Bendigo TAFE is carried out in a fair & equitable manner

This policy defines the powers of both the Bendigo TAFE Council and delegated staff members to impose appropriate penalties due to misconduct by students, in order that a well ordered Institute with a good learning environment is maintained.

Bendigo TAFE requires that all students observe the Student Code of Conduct (as outlined in the Student Handbook & on the Business Management System), and that where student misconduct occurs, staff exercise relevant disciplinary powers in accordance with the Student Discipline Procedures.  The level of disciplinary action will be dependent on the extent of the misconduct.

In keeping with the Student Code of Conduct, Bendigo TAFE acknowledges the right of the student to appeal decisions which impact on their status at Bendigo TAFE (e.g. exclusion or expulsion), and to complain where they are of the view that any disciplinary action taken was unwarranted, unfair or discriminatory (refer to Student Grievance Policy & Procedures).

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 Regional Institute of 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

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

Roles/Responsibility

Executive Director  Education & Training

References

Crimes Act 1958
Drugs, Poisons and Controlled Substances Act 1981

Associated Documents

Proc504   Student Discipline Procedure
Pol702     Workplace Bullying and Occupational Violence
Pol206     Equal Opportunity
Pol701     Sexual Harassment

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