General Misconduct

General Misconduct is behaviour that is considered offensive, disruptive and/or harmful to others.

What’s this page for?

The University has a number of policies regarding student behaviour, and if you are suspected of breaching any of these policies, you may face an allegation of misconduct. This page will help you understand how these processes work and where you may be able to ask for help.

If you have concerns about someone else’s behaviour, refer to our self-help resources on the student Complaints and Grievances process here or the Bullying, Discrimination & Sexual Harassment advocacy page here.

How is this different to Academic Misconduct?

There are separate University policies for Academic Misconduct, which is concerned with issues to do with plagiarism, collusion, or not following exam rules. If you need help on academic misconduct, have a read of our self-help resources here.

FAQs

What does being part of the University of Melbourne community mean?

When you enrol as a student, you enter into an agreement with the University of Melbourne. In this agreement, the University provides assurances you will be able to pursue your education in a safe, supportive, inclusive and diverse study environment and in return you are responsible for engaging with your studies and demonstrating respect for other students and staff, the University’s resources and the campus and digital environment.

What’s the student charter?

The student charter sets out the key principles that underpin your partnership with the University.

You can read the charter here.

What is the Student Conduct Policy and the Vice-Chancellor Regulation?

The Student Conduct Policy aims to ensure that the University is a healthy and respectful environment for everyone to learn and work. These are standards of behaviour that the University expects of its students and staff to ensure good order and the management of the University.

The definition of General Misconduct is wide-ranging and can include behaviour such as:

  • disrupting lectures or University events
  • misusing computers or other facilities
  • causing fear or intimidation in and around the University
  • harassing staff or other students
  • illegal behaviour
  • damaging property
  • failing to comply with a reasonable request
  • supplying misleading information
  • encouraging others to engage in general misconduct.

Part 6 of the Vice-Chancellor Regulation sets out the definition of student general misconduct and the possible penalties if a finding of general misconduct is made after a formal student discipline committee hearing. Penalties can range from issuing a reprimand or a caution, to a fine, to the more serious outcomes of suspension and termination.

Investigation of allegations

If you are invited to participate in an investigation, we strongly suggest getting in contact with us for advice.

How does the investigation stage work?

When a complaint is made to the Academic Registrar, the University may seek your participation in a misconduct investigation. Your participation in this process is voluntary.

The investigation will be conducted by a University investigator who will determine whether there is sufficient evidence to establish whether the misconduct occurred. Essentially, they want to listen to your side of the story, review any supporting evidence you may have and use this to form a report on whether any or all of the alleged misconduct is substantiated on the balance of probabilities (that is it’s more likely than not the misconduct occurred in the Investigator’s judgement).

Once the report has been finalised it will be provided to the Academic Registrar who will assess how the matter might be most appropriately progressed. Should the matter be referred to a student discipline committee, you will receive a formal notice. No penalties can be imposed during the investigation process.

Should I participate in the investigation stage?

This is an excellent question. Please contact us to discuss the particulars of your matter further. When you do, make sure to upload any correspondence from the University regarding this matter.

Educative responses (warning letter)

If the Academic Registrar believes that the alleged behaviour or action may have been unintentional; and/or where the allegation is in relation to a minor matter and where there has not been any previous allegation of General Misconduct, then the Academic Registrar may determine that an educative response to an allegation of General Misconduct in the form of a warning is appropriate.

In this case you will receive an email containing a warning letter advising you that the alleged conduct, while inappropriate, is not deemed to be General Misconduct, and that an educative response will be offered to raise awareness of the University’s behavioural expectations of its students. The letter will also caution you that the consequences of not meeting the University’s expectations in relation to student conduct in future may include a finding of General Misconduct and may lead to any of the available penalties for General Misconduct, including termination of enrolment.

If you receive a warning, you should take it seriously and seek advice from us about what it means for you and what actions you may be required to take.

The formal allegation process

The University must collect enough evidence to proceed with an investigation under the Vice-Chancellor Regulation Part 6 and the Student Conduct Policy.

This evidence is then brought to the attention of the Academic Registrar. If the Academic Registrar determines that an allegation of student General Misconduct should be investigated, the Academic Registrar must provide a notice to the student within 10 business days of the allegation being brought to their attention.

You cannot be given a penalty for General Misconduct unless you have had the opportunity to be heard before a properly constituted committee known as the Student Discipline Committee.

How do I know that I have received an allegation notice?

If the University has sent you a formal General Misconduct allegation, it should include:

  • a clear outline of the nature of the misconduct
  • information regarding any evidence of which the senior officer is aware relating to the allegation
  • an opportunity to respond in writing as well as an invitation to attend a hearing, and specific timelines for these responses
  • the name of the chair of the committee that will be investigating the allegation and
  • inclusion of, or reference to, the penalties that can be applied under Vice Chancellor Regulation Part 6.

This notice will be sent to your student email address. If you receive this notice, please contact us and make sure to upload the complete suite of documentation that you receive from the University.

What happens once I receive the allegation notice?

You will be given the opportunity to submit a response and attend a hearing about the matter.

We strongly suggest you do both.

Before responding to the allegation, we encourage you to get in touch with us here. Getting advice before you respond is critical because some forms of General Misconduct can have legal (civil and criminal) consequences, so it is best to get professional advice before proceeding.

Immediate Orders

What are immediate orders?

An immediate order can be put in place to:

  • restrict attendance or participation in University activities related to a student’s enrolment,
  • exclude a student from enrolment or re-enrolment,
  • limit a student’s access to or contact with another student or staff member, and/or
  • limit a student’s access to University premisses or using University facilities.

Who has the authority to recommend immediate orders?

The Academic Registrar may recommend that the Vice-Chancellor makes an Immediate Order in accordance with section 29 of the Vice-Chancellor Regulation to prevent one or more of the following risks:

  • to the health, welfare and safety of the student or to any other person who is on University premises,
  • of material damage to University property,
  • of material disruption of any activity sanctioned by the University, and/or
  • that conduct that may amount to student general misconduct.

Please contact us here if you receive any notice of immediate orders by the University.

Once I go through a formal allegation process, can I appeal the decision made by the student discipline committee?

Yes. You can review our appeals page for more information on this process or contact us for assistance.

Student protests

How can I participate in student activism safely?

Being part of the University community also means engaging in civic discourse and, if you’re so inclined, participate in peaceful protests and demonstrations. Read our page on safe student activism to understand the rules that govern this space.