(1) The Joint Medical Program (JMP) is committed to promoting the highest standards of academic and research integrity, scholarship, safety and welfare for students and staff. (2) This Rule is made in accordance with the provisions of the University of Newcastle Act (NSW) 1989 and the Student Coursework Plagiarism and Academic Misconduct Rules (approved 13 December 2010) of the University of New England and should be read in conjunction with the following policy documents: (3) The Rule describes what constitutes Joint Medical Program student misconduct and establishes the procedural framework in which the Universities of Newcastle and New England will deal with matters relating to allegations of academic misconduct against students within the JMP, inclusive of research misconduct. (4) This Rule aims to ensure allegations of student academic misconduct are dealt with in a timely, fair and effective manner consistent with the principles of procedural fairness and are applied consistently across the student cohort of JMP regardless of the University of enrolment being the University of Newcastle or University of New England. (5) This Rule applies to all students undertaking B Medicine Joint Medical Program studies at, or offered by, the University of Newcastle and the University of New England and their controlled entities across all campuses, locations and modes of delivery. (6) This Rule also applies to students of the B Medicine JMP who are no longer enrolled at either University (UON or UNE) but who were enrolled at the time of the alleged misconduct. (7) This Rule takes effect on the date determined by the Councils of both Universities when the Rule is approved. (8) In the context of this Rule: (9) Students have a responsibility to their University of enrolment and to the Joint Medical Program to: (10) In considering matters relating to the academic conduct of students and allegations of student academic misconduct, both Universities (UON and UNE) have a responsibility to ensure that principles of procedural fairness are observed. (11) A student shall be presumed innocent unless and until guilt is freely admitted or is determined using the balance of probabilities as the standard of proof. (12) The Universities of Newcastle and New England, through the SACO and all responsible officers, will ensure that: (13) The principles of procedural fairness will be applied with due consideration for confidentiality and privacy concerns as well as the safety and wellbeing of the complainant and other participants in the process. (14) All student misconduct cases, and records relating to them, are maintained confidentially. Information will be made available to people directly involved in the matter and such people are expected to maintain confidentiality and comply with the Privacy and Personal Information Protection Act 1998 (NSW) (PPIPA) and with the Universities’ (UON’s and UNE’s) privacy policies. Breaches may result in disciplinary action. (15) With due consideration for the student’s privacy, the University of Newcastle and/or the University of New England may disclose to a complainant and/or third party affected by the alleged academic misconduct information relating to the misconduct, the outcome of the misconduct process and any penalty imposed. The student will be informed of such disclosures. (16) If the identity of the student is not disclosed, expressly or by implication, the University (UON or UNE) may disclose to the University communities or general public information relating to the misconduct, the outcome of the misconduct process and any penalty imposed. (17) All University records, including those related to student misconduct, are not protected from external legal proceedings or legislative obligations. Material can be subpoenaed or accessed under the provisions of the Government Information (Public Access) Act (NSW) 2009. (18) Action taken under this Rule does not preclude the University (UON or UNE) from: (19) Each University (UON and UNE) will follow its own reporting policy regarding reporting of Student Misconduct cases (Refer to UON Student Misconduct Rule Clause 8.4; and to UNE records management system number SED07/948 Item 9.8). (20) If student academic misconduct is suspected, it is appropriate in most instances for the relevant Course Co-ordinator to be notified, and for the Course Co-ordinator to speak to the student, outlining his or her concerns, and seeking appropriate explanations or clarifications, prior to making any formal allegation. If in the view of the Course Co-ordinator, the student’s conduct may constitute student academic misconduct, but the seriousness does not warrant referral under clause 21 of these Rules, the Course Co-ordinator will counsel and caution the student in writing. (21) If, following the steps outlined in Clause 20, the Course Co-ordinator is of the view that there is a prima facie case of student academic misconduct, the Course Co-ordinator will notify the Student Academic Conduct Officer (SACO), University of Newcastle, in writing that there is an allegation requiring investigation. (22) Notwithstanding Clause 20 above, a written notice of an allegation of student academic misconduct can be lodged to the SACO by students, staff, other members of the University communities or an external person with an association with either University (UON or UNE). (23) Allegations of academic misconduct against B Med JMP students will be referred to the UON School of Medicine and Public Health SACO to investigate the matter. The SACO will: (24) Following investigation, the SACO may: (25) In determining any penalty or further referral, the SACO must check the Student Misconduct Record for the student’s record and use the following criteria for determining penalties: (26) The SACO will inform the student in writing of the determination including reasons for the decision. The SACO will also inform other relevant staff within the University and ensure that appropriate University records are maintained as described in Section 12 of this Rule. (27) When an allegation of academic misconduct is referred to the Dean of Medicine - Joint Medical Program (JMP) by the SACO, the Dean will review the allegation of academic misconduct, the supporting material provided and the SACO's recommendation regarding the penalty to be imposed. The Dean may: (28) When an allegation of academic misconduct is referred by the Dean of Medicine - Joint Medical Program (JMP) to the Deputy Vice-Chancellor or Pro Vice-Chancellor, they will review the allegation, the supporting material, and all recommendations and advice from the SACO and the Dean of Medicine - Joint Medical Program (JMP) and make a determination in accordance with this Rule. (29) The Deputy Vice-Chancellor or Pro Vice-Chancellor will inform the student in writing of the determination including reasons for the decision. The relevant officer (Deputy Vice-Chancellor or Pro Vice-Chancellor) will also inform other relevant staff within the University and ensure that appropriate University records are maintained as described in Section 12 of this Rule. (30) If it is determined that the allegation of academic misconduct is sustained, either in full or in part, a penalty may be imposed according to the severity of the misconduct, previous misconduct by the student and any mitigating circumstances. The penalty may also take into account the fact that the student has admitted to the allegation. Conditions may be specified regarding the timing of the imposition of the penalty. (31) To ensure that penalties are imposed as consistently as possible, the SACO, Dean, Deputy Vice-Chancellor and Pro Vice-Chancellor, will consider the penalty with respect to previous/concurrent student misconduct cases of a similar nature within the JMP, but will not be bound by precedent. (32) The SACO has authority to impose the following penalties and if doing so will advise the Dean of Medicine - Joint Medical Program (JMP), Head of School (UON) and the Head of School (UNE) of the penalty applying: (33) The Dean of Medicine - Joint Medical Program (JMP) may consider any one or more of the following actions in determining an appropriate penalty for academic misconduct: (34) Deputy Vice-Chancellor or Pro Vice-Chancellor, may consider any one or more of the following actions in determining an appropriate penalty for academic and/or non-academic misconduct: (35) The SACO and/or Dean of Medicine - Joint Medical Program (JMP) and/or Deputy Vice-Chancellor and/or Pro Vice-Chancellor will prepare a Determination Report to document their decision and relevant considerations in imposing the penalty. (36) All matters relating to student misconduct, including the determination and penalty will be recorded in the Student Misconduct Record and/or other appropriate UON/UNE records. (37) The student will be informed in writing of the determination outlining reasons for the decision and including notification of the right to appeal. (38) Relevant staff within UON/UNE will be informed of the determination and appropriate university enrolment records will be maintained. Usually the following people will be notified: (39) The student should be advised that the investigation into the allegation of misconduct has been completed with summary details of the outcome in accordance with Section 7 of this Rule. (40) Any determination by the SACO, Dean of Medicine - Joint Medical Program (JMP), Pro Vice-Chancellor and/or Deputy Vice-Chancellor will not take effect until the period for appeal has expired. (41) An appeal against a determination in a student academic misconduct matter for a student of the JMP can be lodged by the student if there is: (42) An appeal on the grounds of penalty alone will not be considered. (43) An appeal against a determination made by the SACO or the Dean of Medicine - Joint Medical Program (JMP) may be made in writing to the Pro Vice-Chancellor or Deputy Vice-Chancellor within 20 days of notice of the determination (date of email notification sent to the student’s email address) and the grounds for appeal must be clearly set out. (44) If a case has been referred by the SACO or the Dean of Medicine - Joint Medical Program (JMP) to the Pro Vice-Chancellor or Deputy Vice-Chancellor for determination, an appeal against the determination may be made in writing within 20 days of notice of the determination, and in accordance with each institution’s own Misconduct Rule (at UON Student Misconduct Rule – Document 000935; at UNE, Student coursework Plagiarism and Academic Misconduct Rules – SED07/948). (45) Upon receipt of the appeal the relevant officer (Deputy Vice-Chancellor or Pro Vice-Chancellor) shall undertake a preliminary review to determine the validity of the appeal. Once determined, and within 10 days of receiving the appeal, the relevant officer (Deputy Vice-Chancellor or Pro Vice-Chancellor) may: (46) According to the circumstances of the allegation of misconduct, the relevant officer (Deputy Vice-Chancellor or Pro Vice-Chancellor) has discretion to determine whether or not a suspension will be imposed, with our without conditions, during the appeal process. If, at the conclusion of the appeal process, the suspension was considered unwarranted, the student may apply for consideration of special circumstances in relation to their studies. (47) The appeal determination (made by the relevant officer (Deputy Vice-Chancellor, Pro Vice-Chancellor or Student Misconduct Appeal Committee (UON) or the Student Conduct Appeals Committee (UNE)) is final and there is no further avenue of appeal. However, the student and/or complainant do have the right to lodge a case for consideration by the University (UNE) Ombudsman or the NSW Ombudsman. Students and/or complainants wishing to do this should contact the Complaints Office (UON) or the Service Quality Unit (UNE) for assistance. (48) In making a determination in relation to the appeal, the original determination may be confirmed, varied or set aside. In varying the penalty, any one or more of the actions listed in Part D of this Rule may be considered. (49) The student will be informed in writing of the appeal determination outlining reasons for the decision. (50) Relevant staff within the University will be informed of the appeal determination and appropriate University records will be maintained. (51) Timelines specified in this Rule are provided as a guideline in the interests of dealing with allegations of misconduct efficiently and fairly. In exceptional circumstances they may be extended or reduced at the discretion of the Pro Vice-Chancellor or Deputy Vice-Chancellor. (52) The failure to meet timelines specified in this Rule is not in itself grounds to dismiss or not proceed with an allegation of misconduct. Consideration will be given if unfair consequences arise from a failure to meet these specified timelines. (53) All correspondence and notifications will be sent in writing to the student’s University of enrolment email address in the first instance and will be deemed to have been delivered at the time of sending. (54) Correspondence and notifications may also be served in writing by being: (55) Correspondence and notifications served under Clause 54c will be deemed to have been received by the student: (56) A student cannot be qualified for an award of the University of enrolment while an allegation of academic misconduct is being considered in accordance with this Rule. If an allegation of academic misconduct has been considered and a determination made in accordance with this Rule, the student cannot be qualified for an award of the University of enrolment until the period of appeal has expired and/or the imposed penalty (including conditions) has been served. (57) The Vice-Chancellor or Deputy Vice-Chancellor or Pro Vice-Chancellor may determine that a student cannot re-enrol at the University of Newcastle OR the University of New England, access examination results and/or return from suspension until after an allegation of academic misconduct has been dealt with in accordance with this Rule, the period of appeal has expired and/or the imposed penalty (including conditions) has been served. (58) Any person with concerns regarding the proper implementation of this Rule in relation to a specific misconduct matter may advise the Vice-Chancellor of UON or of UNE in writing. The Vice-Chancellor may take any action they consider to be appropriate to address the concern. (59) Any proceedings for academic or general misconduct that have commenced but not completed before the commencement of this Rule must be completed as if the previous versions of these Rules had not been replaced. (60) Any allegation of academic misconduct which was alleged to have occurred prior to the date of commencement of this Rule must be dealt with under the previous version of this Rule unless the student and Deputy Vice-Chancellor and Pro Vice-Chancellor agree in writing to deal with the matter under this Rule. (62) Notice to Show Cause Template – under development (63) Student Misconduct Rule 000935 (64) Academic Integrity and Ethical Academic Conduct Policy 000608 (65) Complaints Resolution Policy 000745 (66) Complaints Resolution Procedure 000898 (67) Complaints Resolution Guideline 000899 (68) Student Coursework Plagiarism and Academic Misconduct Rules – SED07/948JMP - Bachelor of Medicine Student Academic Misconduct Rule
Part A - Introduction
Section 1 - Purpose
Section 2 - Scope
Section 3 - Commencement
Section 4 - Definitions
Part B - Guiding Principles
Top of PageSection 5 - Student Responsibilities
Top of PageSection 6 - Procedural Fairness
Section 7 - Confidentiality
Section 8 - Reporting
Part C - Reporting Student Academic Misconduct
Top of PageSection 9 - Initial Actions in cases of suspected Student Academic Misconduct
Section 10 - Allegations of Academic Misconduct
Actions taken by the SACO
Referral to Dean of Medicine – JMP
Part D - Penalties and Outcomes
Top of PageSection 11 - Authorised Penalties
Top of PageSection 12 - Recording Outcomes
Part E - Appeals
Top of PageSection 13 - Appeal Process
Part F - Other Provisions
Top of PageSection 14 - Timelines
Section 15 - Notification to students
Top of PageSection 16 - Undischarged Penalties
Section 17 - Improper Process
Section 18 - Transitional Provisions
Section 19 - Essential Supporting Documents
University of Newcastle
University of New England
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This is not a current document. It has been repealed and is no longer in force.