Document ID: chunk:federal_register_of_legislation:F2021L00998:reg:18
Version: federal_register_of_legislation:F2021L00998
Segment Type: reg
Provision Reference: reg 18
Character Range: 32089–33302

18      Decision whether to take action under this instrument: Vice-Chancellor

(1)    This section applies if the Vice-Chancellor becomes aware that a student (the respondent) has, or may have, engaged in conduct that is misconduct.

(2)    The Vice-Chancellor must initially decide whether action should be taken under this instrument in relation to the respondent's conduct.

(3)    The Vice-Chancellor may decide that action should not be taken under this instrument if the Vice-Chancellor considers:

(a)    that there are not adequate grounds for believing either or both of the following:

(i)    that the respondent engaged in the conduct;

(ii)    that the conduct is misconduct; or

(b)    that it is otherwise inappropriate for action to be taken, or taken for the time being, in relation to the respondent under this instrument.

          Examples for paragraph (b)

          1 A complaint is being, or is to be, dealt with under other University legislation or alternative policies and procedures of the University.

          2 A criminal investigation or prosecution, or another legal proceeding, has begun in relation to the conduct.

          3 The conduct is not University-related conduct.