Document ID: chunk:federal_register_of_legislation:F2021L00998:reg:37:p1
Version: federal_register_of_legislation:F2021L00998
Segment Type: reg
Provision Reference: reg 37 (pt 1/2)
Character Range: 55938–58880

37      Action by Vice-Chancellor after finding of misconduct

(1)    This section applies if the Vice-Chancellor finds that the respondent has engaged in conduct that is misconduct.

(2)    The Vice-Chancellor may do 1 or more of the following:

(a)    decide to take no action;

(b)    reprimand the respondent;

(c)    deny the respondent access to all or any University facilities, to all University premises, any University premises or any part of University premises, or to all or any activities conducted by or on behalf of the University, for a specified period (including a period of longer than 12 months);
[Note: For the effect of a denial of access, see section 39 (Denial of access).]

(d)    suspend the candidature or enrolment of the respondent in a program or course in which the respondent is admitted or enrolled, and prohibit the resumption of candidature or enrolment, for a specified period of no longer than 12 months;
[Note: See section 42 (Suspension of student).]

(e)    determine conditions under which the respondent may attend classes or lessons, use any facility of the University, or otherwise continue with the respondent's studies or research program;
[Note: For conditions under paragraph (e), requirements under paragraph (h) or undertakings under paragraph (i), see section 41 (Requirements, conditions and undertakings: finding of academic misconduct).]

(f)    impose on the respondent a monetary penalty of not more than $500 for each occurrence of misconduct to which the finding relates;
[Note: See section 44 (Liability to pay monetary penalty or compensation).]

(g)    if, as a result of the misconduct, property was damaged or a person incurred expense or suffered loss or harm—require the respondent to pay the owner of the property or the person who incurred the expense or suffered the loss or harm , as the case requires, compensation determined, in writing, by the Vice-Chancellor;

(h)    require the respondent to apologise, or take the other action the Vice-Chancellor considers appropriate, with a view to mitigating the effect of the misconduct;

(i)    accept an undertaking from the respondent, including, for example, an undertaking to attend University Counselling (or another appropriate counselling provider) to address behavioural issues;

(j)    exclude the respondent from the University;
[Note: See section 45 (Exclusion from University).]

(k)    determine that the relevant award for the program the student is or was studying should not be conferred;

(l)    revoke an award of the University conferred on the respondent;

(m)    tell any relevant professional, government or other organisation or agency about the finding and any action taken in relation to it.

(3)    In deciding what action (if any) should be taken in relation to the respondent, the Vice-Chancellor must take all relevant matters into account, including, for example, the following:

(a)    the nature