1) PURPOSE

In accordance with Standard 13 of the National Code 2007, registered providers must inform potential students prior to their enrolment of the grounds on which their enrolment may be deferred, suspended or cancelled.

2) SCOPE

This policy applies to students enrolled within all vocational education and training programmes offered by Study Group Australia Pty Limited, trading as Martin College

This document addresses circumstances where Martin College instigates the temporary suspension of studies or cancellation of enrolment due to a student not complying with this Standards of Conduct Policy. (Student applications for deferment or temporary suspension of studies are addressed under Defer or Temporarily Suspend Studies.)

3) GENERAL STANDARDS OF CONDUCT

Martin College’s standards of conduct for students are patterned on those required in business. Students are expected to observe the College regulations, to follow the directions given by staff and to conduct themselves in a manner that is a credit to the College and their fellow students.

This business environment is reflected in the layout, atmosphere and functioning of the College, so that students may experience the 'business climate' first-hand. Faculty members are carefully selected for their academic qualifications, their industry knowledge, and for their capacity to encourage and develop individual abilities. Staff, therefore, maintain a congenial relationship with students in order to encourage personal development.

When communicating and interacting with staff and other students, each student is required to:

a) treat others with respect and fairness regardless of their background or culture;

b) avoid any behaviour that could offend, embarrass or threaten others:
- refrain from swearing, using obscenities or making offensive remarks in any language; and
- refrain from harassing or disrupting others in the performance of their duties or studies.

The College reserves the right, in the exercise of its sole judgement, to place on probation, temporarily suspend or expel a student if it deems the student’s conduct to be unacceptable, depending on the outcome of an appeals process. The written notification to the student of this intention will inform him/her that he/she has 20 days from the date on that written notification in which to lodge an appeal. (Refer to Complaints and Appeals Policy and Procedure for further information.)

4) CIGARETTE SMOKING

Cigarette smoking is not permitted in the building (including in classrooms, student common rooms, elevators, rest rooms, and foyer area). 

At certain campuses, smoking also is not permitted on the footpath outside the entrance to the College and the adjacent buildings. It is the students’ responsibility to make sure he/she knows the law in relation to cigarette smoking in the State in which he/she is studying; severe fines may apply.

5) EATING

Eating and drinking is permitted only in the students’ Common Rooms, and is NOT allowed elsewhere in the College.

6) ACADEMIC MISCONDUCT

Academic misconduct includes cheating, plagiarism, and collusion.

6.1 Cheating

a. taking any unauthorised material or electronic device into an assessment room, irrespective of whether or not this is used by the student to assist him/her to complete that assessment;

b. copying the answers from another student in an assessment or letting another student copy his/her answers in an assessment;

c. sitting an assessment for another student or having another person sit an assessment on his/her behalf; and

d. taking an assessment question paper from an assessment room when the instructions say not to do so.

6.2 Plagarism

A plagiarist is someone who presents the thoughts or writings of another person as his/her own. Each student is, therefore, required to acknowledge all direct quotations (irrespective of the source), ideas, paraphrased writings and statistical information. (Refer to your Student Study Skills Handout if unsure how to do this.)

6.3 Collusion

Collusion includes, but is not limited to:

a. taking any unauthorised material or electronic device into an assessment room, irrespective of whether or not this is used by the student to assist him/her to complete that assessment;

b. working with another person to write all or part of an assignment unless the assessment’s written instruction states this is acceptable;

c. using another student’s notes or research to prepare an assignment; and

d. a student allowing another student access to his/her work if the other student is doing an assignment on the same topic, but has not yet submitted it, meaning the work would be of assistance to him/her.

7) BEHAVIOURAL MISCONDUCT (MISBEHAVIOUR)

Behavioural misconduct includes, but is not limited to:

a. any breach of Commonwealth or State law that impacts on College operations;

b. any harassment or bullying of other students or of staff;

c. any behaviour which impacts detrimentally on other students pursuing their studies and/or participating in the activities of the College;

d. any act or failure to act that endangers the safety or health of any other person;

e. acting in a way that causes students or staff or other persons within the College to fear for their personal safety, e.g. violent or threatening behaviour;

f. acting in a way that causes wilful damage to College or staff or other students' property;

g. being under the influence of drugs or alcohol whilst on College premises; and

h. not adhering to College Computer Protocols.

8) IMMEDIATE CONSEQUENCES OF ACADEMIC MISCONDUCT OR MISBEHAVIOUR

a. Where a Commonwealth or State law appears to have been breached, the matter will be referred to the Police or other appropriate authority. If the student is in Australia on a Student Visa, the Department of Immigration and Citizenship (DIAC) will be advised.

b. If a teacher or assessment supervisor believes a student is involved in academic misconduct within an assessment:

- the student will be immediately informed of such, but will be allowed to finish the assessment;
- the teacher or assessment supervisor will prepare a written report on the alleged academic misconduct and attach the report to the student’s assessment item; and
- the matter will be referred to the Campus Director of Studies (or his/her nominee) for appropriate action, as outlined in the Formal Disciplinary Process.

c. If a student ignores the warnings given by a teacher in relation to any misbehaviour in a class, the teacher can immediately suspend the student from attendance at that class for a period of 24 hours. 

d. At the conclusion of the class, the teacher will provide a written report to the Campus Director of Studies, detailing the circumstances of the suspension.  Appropriate action then will be taken, as outlined in the Formal Disciplinary Process below.

e. Serious misconduct or repeated instances of misconduct may incur a longer period of suspension, and may seriously impact on the student’s studies and/or visa.

f. If the student is under 18 years, the parent/guardian also will be notified, unless the student is an independent person with a Centrelink account.

g. Any student may invite his/her parents or a guardian or a support person to the interview/s during a disciplinary and appeal process.

h. The disciplinary and appeal process will continue whether or not parents or guardian or support person choose to attend the interview/s.

9) FORMAL DISCIPLINARY PROCESS

When information of alleged misconduct is received by the Campus Director of Studies, the student will be advised in writing. This will commence the formal disciplinary process, as follows.

The written notification will inform the student that he or she:

a. has a period of 5 working days in which to make an oral and/or written response presenting his/her case to the Campus Director of Studies regarding the alleged incident of misconduct, and

b. is able to access the College’s Complaints and Appeals process, and has 20 working days in which to do so. (Refer to the Complaints and Appeals Policy and Procedure.)

Within 5 working days after this initial response period, the Campus Director of Studies may dismiss the charge

OR

modify it

OR

submit a report to the Campus Director recommending one or a combination of the following penalties:

a. if the misconduct was related to assessment, then that submitted assessment be invalidated, and the assessment outcome for the SGA Learning Unit be recorded as ‘Not Yet Competent’;
- the student be placed on Probation;
- the student be scheduled to re-commence that full SGA Learning Unit, and additional fees applied;
- if excellent attendance is maintained during the duration of the SGA Learning Unit, the student be allowed to re-attempt the assessment components for the SGA Learning Unit concerned. (Illness covered by a medical certificate will not be exempt, unless approved by the Campus Director or his/her nominee.)
- the student not be eligible for a Performance Graded outcome subsequent to competency being demonstrated within assessment;

b. the issuing of a reprimand and warning against any repetition of the breach of discipline;

c. suspension of the student from attending classes for a period not exceeding 14 days which will include any period of suspension already imposed;

d. suspension of the student from using all or some of the College’s facilities and/or services, including computing and library facilities;

e. cancellation of the student’s enrolment, including the loss of all rights to a refund of fees and to any assistance with work placement.

f. The Campus Director will review the report and may approve or alter the penalty.

g. Within 5 working days of the report being submitted to the Campus Director, the student will be provided with a written statement detailing the decision (including the potential impact on the student’s visa, if applicable), and notifying the student that he or she has 20 working days to access the College’s Complaints and Appeals process.

If the student accesses the College’s Complaints and Appeals process within that 20 working day period, temporary suspension or cancellation of the student’s enrolment will not take effect until the internal appeals process is completed, unless extenuating circumstances relating to the welfare of the student apply. (These are detailed within the Complaints and Appeals Policy and Procedure.)

If the student does not access the College’s Complaints and Appeals process during that 20 day period, the nominated penalty will apply.