Student Code of Conduct

Purpose

This code of conduct is   published in order to give students notice of general conduct which is   prohibited.  It is not an exhaustive   list of misconduct.  For example,   University by-laws, rules, policies and other codes of conduct published by   the University may specify other behaviour which will be misconduct.

Students are accountable for   their misconduct.  Any misconduct may   be subject to disciplinary action by the University under its student   disciplinary rules.

It is a student’s   responsibility to be familiar with this code of conduct and other behaviour   standards required by the University.

Guiding   Principles

The University by publishing   this code of conduct seeks to provide an environment that:

(a) serves the educational mission of the University;

(b) promotes integrity and academic achievement;

(c) is protective of free inquiry; and

A student   must not intentionally or recklessly:

Disruption and harm
(a) disrupt or hinder any University activities;

(b) interfere with the ability of any member of the   University community or any associate of the University to engage in or enjoy   any University activities or to access, occupy, use or move about University   property;

(c) disrupt or hinder the exercise of the right to freedom   of expression by any member of the University community or any associate of   the University;

1. fighting with any person;
2. disrupting a lawful assembly of persons; or
3. doing anything which disturbs the peace;

(e) do anything which may bring the University into   disrepute including by making or publishing false or misleading statements relating   to the University;

1. being   dishonest in dealings with the University;
2. stealing or taking   or using without permission any property of any person or possessing property   which is stolen or taken without permission;
3. using or providing false or misleading   documentation or information for the purpose of obtaining a benefit or advantage   for any person;
4. impersonating another person or relying on the   academic record or any other aspect of another person for the purpose of   obtaining a benefit or advantage for any person; or
5. improperly influencing any University   Representative;

(g) do anything which may endanger the physical or   mental health, safety or well being of any person (including the student);

(h) possess, store or use on University premises any   weapon, explosive materials, fireworks, dangerous chemicals or biological   agents or other dangerous thing, without authorisation from the University;

(i) cause   physical harm to any person or bully, stalk, or haze (including hazing to which the person being   hazed has consented) any person;

(j) engage in   violent or threatening behaviour including   by using threatening or abusive language;

(k)  conduct himself or herself in an offensive   manner or use offensive language, on or near, or within view or hearing from   University premises or whilst engaged in University activities, without a   reasonable excuse;

1. (1)   the alleged misconduct or unlawful conduct   is trivial; or
   (2)   the allegation is made without reasonable   grounds; and
2. the allegation   is made or pursued to harass or annoy, cause delay or detriment to another   person or for another ulterior purpose;

(m) engage in sexual misconduct including sexual assault, sexual harassment, indecent assault or any other conduct of a sexual nature that is non-consensual or has the purpose or effect of threatening, intimidating or coercing a person;

(n) vilify another person or class of persons because   of the actual or perceived gender (including the characteristics of the actual   or perceived gender), gender identity, intersex status, sexual orientation,   race, marital or relationship status or religious beliefs or activities,   disability or age of that person or class of persons;

(o) disclose   or purport to disclose to any person the sexual orientation, gender   identification or intersex status of any person who is gay, lesbian,   transgender or intersex, without that person’s authorisation unless it is   public knowledge because of a public disclosure by or authorised by that   person;

1. condemn, express disagreement   with or take any step to prevent, misconduct by any person;
2. inform the University of the misconduct;
3. participate in an investigation   into alleged misconduct or participate in disciplinary proceedings or legal   proceedings relating to misconduct by any person; or
4. engage in a University   activity;

(q) be drunk on   any public part of University premises;

1. which are   licensed for the sale and consumption of alcohol; or
2. on which the   University otherwise authorises the consumption of alcohol;

(s) use, possess, grow, manufacture, store or   distribute illegal drugs or drug paraphernalia;

(t) give another person or cause another person to be   given or to consume food or drink which contains an intoxicating substance if   the recipient is not aware the food or drink contains the intoxicating   substance or that the food or drink contains more of an intoxicating   substance than the recipient would reasonably expect it to contain;

1. damage, destroy, endanger, vandalise, put at risk, pollute or obstruct; or
2. hinder, disrupt or otherwise interfere with the   operation or availability of,
   any   University property or any property of any member of the University community   or any associate of the University;

(v) enter,   occupy, use or interfere with any University property or enable any other   person to do so, without authorisation from the University;

(w) possess, duplicate   or use or provide other persons   with access codes, keys, access cards, passwords or similar information or   devices to any University property, without   authorisation from the University;

(x) fail to comply with any agreement between the   student and the University;

(y) disobey a   reasonable direction given within their authority by a University   representative;

(z) refuse to   disclose his or her name or age or show proof of identity or age or his or   her student identity card to a University representative if it is reasonable   to request it to be given (it will be taken to be a reasonable request if the   student is on University premises or engaged in or present at University   activities);

(aa) possess   or provide to any University representative false or misleading proof of   identity or age or a false student identity card;

(bb) obstruct   any University representative in the performance of his or her duties;

(cc) do anything which is unlawful in New South Wales   or, if done outside of New South Wales, would be unlawful if it was done in   New South Wales;

1. either:
   A. drive a motor vehicle; or
   B. occupy the driving seat of a motor vehicle and   attempt to put the motor vehicle in motion,
   whilst drunk;
2. as a driver of   a vehicle fail to comply with published speed limits applicable to University   premises including those indicated on signs on University premises; or
3. do anything on   University premises as a driver of a vehicle or a passenger in or on a   vehicle, which would be unlawful if done on a road in New South Wales,
   (terms used in this provision   have the same meaning as in the Road Traffic Act 2013);

(ee)  breach any University regulation;

(ff) breach any applicable standards of professional   conduct;

1. appear before or   otherwise co-operate with a University disciplinary body or person carrying   out any disciplinary function of the University, as directed; or
2. comply with or   complete a disciplinary direction or sanction given or imposed by the   University;

(hh) without reasonable excuse fail to co-operate with a   person carrying out an investigation on behalf of the University, as   directed;

(ii) incite, persuade, conspire with or assist any other   person to engage in misconduct;

(jj) attempt or threaten to do anything which is   misconduct;

(kk) be party to any cover-up of misconduct or the   destruction, concealment, alteration or withholding of any evidence of   misconduct or otherwise conceal the identity or whereabouts of any person who   is alleged to have engaged in misconduct;

(ll) publish or display material which could be understood by a reasonable person as indicating   that somebody intends to engage in misconduct.

Group   responsibility

(a) a student organisation;

(b) the management committee of a student organisation; or

(c) other leaders or spokespersons of a student organisation,

(d) that student organisation;

(e) each member of its management committee; and

(f) each such leader or spokesperson,

will be taken to have also engaged in that misconduct.

A person will not be taken to have engaged in that misconduct if he   or she took all reasonable steps he or she is able to take to prevent it.

(a) whether that   person knew, or ought reasonably to have known, of the misconduct; and

1. promptly notified   the University of it;
2. was able to   influence whether the misconduct occurred;
3. did or should   have done anything to try to dissuade others from carrying out, approving or   encouraging the misconduct;
4. if they are a   member of the management committee, resigned or should have resigned from the   management committee because of the misconduct.

If a   student is a member of a group which engages in misconduct the student will   be taken to have engaged in that misconduct unless he or she has taken all   reasonable steps to promptly disassociate himself or herself from the group’s   misconduct upon becoming aware of it.

Freedom of expression

Every member of the University community and associate of the University has a right to freedom of expression.  It is not misconduct under this code of conduct for a person to exercise that right.  This code of conduct must be interpreted in a manner which is consistent with that right.

Students are free to participate in student societies and associations, provided they comply with the requirements of this Code of Conduct and any relevant legislation.

Definitions and Interpretation

Definitions
In this code of conduct the following definitions apply.

(a) an   examination, that is, a time limited assessment task conducted under   invigilation including tests, practical assessments and final examinations;   and

(b) the   submission and assessment of a thesis, dissertation, essay, practical work or   other coursework and any other exercise (including in the case of graduate   students transfer and confirmation of status exercises) which is not undertaken   in formal examination conditions but counts towards or constitutes the work   for an academic award and includes related research;

“aggravated sexual assault” means a more serious form of sexual assault, with the circumstances of aggravation including where:

(a) a person intentionally or recklessly inflicts actual bodily harm on the other person during a sexual assault;

(b) a person threatens to use a weapon or dangerous instrument;

(c) one or more other people were present when a person commits the sexual assault;

(d) the complainant was under the age of 16;

(e) a person who commits the sexual assault was in a position of trust with, or authority over, the complainant;

(f) the complainant had a serious physical disability or cognitive impairment;

(g) a person who commits the sexual assault also commits a ‘break and enter’; or

(h) the complainant was deprived of their liberty before or after the sexual assault;

“aggravated sexual assault in company” means a more serious form of sexual assault when a person sexually assaults another person in the presence of another person or persons, and the first person:

(a) intentionally or recklessly inflicts actual bodily harm (being any kind of psychological or physical injury that is more than merely transient or trifling) upon the complainant or someone else who is nearby;

(b) threatens to inflict actual bodily harm upon the complainant or someone nearby using a weapon or dangerous instrument; or

(c) deprives the complainant of their liberty before or after the sexual assault;

“alcohol” means a beverage which is reasonably believed, to   contain more than 1.15% ethanol by volume at 20°celsius and includes, beer,   wine, spirits and pre-mixed spirit based drinks;

“assault with intent to commit a sexual act” means a person deliberately or recklessly inflicting actual bodily harm (being any kind of psychological or physical injury that is more than merely transient or trifling) upon another person with the intention of committing a sexual act with that person;

It also includes threatening to inflict actual bodily harm on another person using a weapon or dangerous instrument with the intention committing a sexual act with that person.

(a) any person on   University premises with authorisation from the University; and

(b) any person   engaged in any dealing or discourse with the University or a member of the   University community;

(a) would cause a   reasonable person in the circumstances to be humiliated, intimidated or   seriously offended;

(b) place a   reasonable person in the circumstances in fear of physical or emotional harm   to himself or herself or of damage to his or her property; or

(c) create a   hostile or demeaning environment for a reasonable person in the circumstances;

and includes bullying either in   person or via the internet, email or other electronic means;

“college” means any college of the University, residential   premises of the University or residential premises primarily intended to be   used as student residences (including Macquarie University Village or any   similar premises) whether or not they are owned, operated or managed by the   University;

“consent” means when a person freely or voluntarily gives agreement to engage in an act. A person may be unable to give consent when they:

(a) are asleep or unconscious;

(b) are intoxicated or affected by drugs (including alcohol);

(c) are unable to understand what they are consenting to due to their age or cognitive capacity;

(d) are intimidated or, coerced or threatened;

(e) are unlawfully detained or held against their will;

(f) submit due to the person being in a position of authority or trust; or

(h) are under the mistaken belief as to the identity of the other person;

A person who does not resist physically is not, by reason of that fact alone, considered to have given consent.

This provision does not limit the grounds on which it may be established that a person does not consent.

“consent to sexual acts” occurs when a person freely, voluntarily and unambiguously agrees to engage in specific sexual acts throughout a sexual encounter. Sexual assault occurs when someone is unable to and/or does not give consent to the sexual act(s). A person may be unable to give consent when they:

(a) are asleep or unconscious;

(b) are intoxicated or affected by drugs (including alcohol);

(c) are unable to understand what they are consenting to due to their age, physical disability or cognitive impairment (“vulnerable person”);

(d) are intimidated or, coerced or threatened;

(e) are unlawfully detained or held against their will;

(f) submit due to the person being in a position of authority or trust;

(g) are under a mistaken belief as to the identity of the other person;

A person who does not resist physically is not, by reason of that fact alone, considered to have given consent. Consent may be withdrawn;

People under the age of 16 years and those with a physical disability or cognitive impairment cannot be said to have consented because of their age and vulnerability.

“dishonesty” includes unethical behaviour;

(a) planting,   propagating, growing, harvesting, manufacturing, compounding, converting,   producing, processing, preparing, testing, analysing, repackaging, storing,   containing or concealing any illegal drug or plant; or

(b) injecting,   ingesting, inhaling or otherwise introducing into the human body an illegal   drug;

(a) the person’s   speech, balance, co-ordination or behaviour is noticeably affected; and

(b) it is   reasonable in all the circumstances to believe that the affected speech,   balance, co-ordination or behaviour is the result of the drinking, injection,   ingestation, inhaling or other consumption of alcohol or another drug or a   combination of drugs;

1. involves the humiliation   of the person being hazed; or
2. destroys,   damages or endangers property of any person; and

(b) relates to the   initiation of, admission into, affiliation with or as a condition for   continued membership of or affiliation with, a group or organization,

and includes any assault, physical activity,   exposure to the weather, forced consumption of any food, beverage or other   substance or subjecting the person to mental stress by extended deprivation   of sleep or rest, extended isolation or otherwise;

(a) a plant, drug   or substance the possession, use or distribution of which is unlawful or, if   only available on prescription for which the student does not have a   prescription; and

(b) a substance   the chemical structure of which is substantially similar to the chemical   structure of an illegal drug and has a substantially similar effect to the illegal   drug;

“indecent assault” occurs if a person assaults another person, and at the time of, or immediately before or after the assault, commits an act of indecency on, or in the presence of the other person;

“improperly   influence” means:

(a) corruptly giving or offering, receiving or   soliciting an inducement or reward for doing something; or

1. making   a demand for the purpose  of influencing   the exercise of a duty by any person or otherwise obtaining a benefit or   advantage for any person; and
2. making   or allowing to be made an express or implied threat of detriment to another   person if the demand is not complied with;

“intoxicating” includes stupefying;

“misconduct” means any conduct which is   prohibited under this code of conduct or under any University regulation and includes   proposed misconduct;

“offensive” means in respect of any conduct or language,   anything which a reasonable person would regard as offensive in the circumstances   and includes, in the case of conduct or language directed at any person,   anything which a reasonable person would consider insulting or humiliating in   the circumstances;

“possession” of anything by a person includes that person being   in control of that thing or it being in the vicinity of that person in   circumstances where it is reasonable to assume that it has in the recent past   been in that person’s possession or control;

(a) structure, building, aircraft, vehicle or vessel; or

(b) land or place (whether or not it is enclosed, built on or covered by   water);

“property” includes facilities, resources, equipment, intellectual property and online   and physical infrastructure;

“public part of University   premises” means any part of University premises that the University   community is entitled to access (whether on payment of money, by virtue of   membership of a student organisation or other body or otherwise) or which is   within sight or hearing of such a place;

(a) colour;

(b) descent or ancestry;

(c) nationality or national origin; and

(d) ethnicity or ethnic origin;

“reckless” means in relation to any act by a person, that person doing that act despite   the fact that he or she foresees or a reasonable person would foresee, the   possible consequences of that act;

(a) holding or not holding a   religious belief or view; or

(b) engaging in, not engaging in or   refusing to engage in a religious activity including wearing clothing or adopting   any other aspect of personal appearance in accordance with a religious belief;

(a) in the course of any statement, publication, discussion or   debate made or held for any genuine academic, artistic or scientific purpose   or any other genuine purpose in the public interest;

(b) in the performance, exhibition or distribution of an   artistic work;

1. a fair and accurate report of any event or matter of   public interest;
2. a fair comment on any event or matter of public interest   if the comment is an expression of a genuine belief held by the person making   the comment; or
3. material for the purpose of discouraging misconduct;

(d) in making or publishing a fair and accurate criticism of or   a complaint about the University or any member of the University community;

“Sexual acts” means

(a) sexual connection caused by the penetration, to any extent, of a person’s genitalia or anus using any body part of another person or any object manipulated by another person or

(b) sexual connection occasioned by the introduction of any part of the penis of a person into the mouth of another person, or

(c) oral sex performed on female genitalia or

(d) the continuation of sexual acts as defined in paragraphs (a), (b) or (c)

“Genitalia” includes a surgically constructed vagina.

“sexual assault” means when a person is forced, coerced or tricked into sexual acts against their will or without their consent. Sexual assault also occurs if a child or young person under 16 or a person with a serious physical disability or cognitive impairment is exposed to sexual acts;

“sexual harassment” means a person:

(a) making an unwelcome sexual advance, or an unwelcome request for sexual favours, to another person; or

(b) engaging in other unwelcome conduct of a sexual nature in relation to another person (including making a statement of a sexual nature to, about or, in the presence of another person);

in circumstances in which a reasonable person, having regard to all the circumstances, would have anticipated the possibility that the person harassed would be offended, humiliated or intimidated;

“sexual misconduct” incorporates a range of behaviours including sexual assault, sexual harassment, indecent assault, and any other conduct of a sexual nature that is non-consensual, or has the purpose or effect of threatening, intimidating or coercing a person;

(a) contacting, communicating or causing a communication   with another person for no legitimate purpose after being asked to stop;

(b) continuing to follow another person for no legitimate   purpose after being asked to stop;

(c) surveiling or causing another person to surveil a   person for no legitimate purpose;

(d) the surveiling or frequenting of the vicinity of, or   an approach to, a person’s place of residence, study or work or any place   that a person frequents for the purposes of any social or leisure activity,   for no legitimate purpose; or

(e) sending gifts to a person for no legitimate purpose   after being asked to stop;

(a) a person who   is enrolled in or auditing a program or a unit of study provided by the   University;

(b) a person who   is enrolled in a program or a unit of study at or offered by an affiliated   educational institution which is approved as an award program or a unit of   study by the University;

(c) a person who   has accepted an offer of admission to the University but who has not yet   enrolled in any program or unit of study;

(d) a student of   another educational institution who is authorised by the University to be on   or to have access to or use of University property;

(e) a person who   was a student at the time of any alleged misconduct ;

(f) a person who   became admitted or enrolled as a student after having done so by misleading   or dishonest means;

(g) any person who   has been suspended or excluded from a program or unit of study at the   University;

(h) a person who   is on leave of absence from or who has deferred enrolment in a program or   unit of study offered by the University or by an affiliated educational   institution which is approved as an award program or unit of study by the   University;

(i) any person who   undertakes any academic exercise on University premises or which is part of a   program or unit of study provided, supervised or assessed by the University; or

(j) a person who   has consented to be subject to this code of conduct.

(a) which is affiliated with or otherwise associated with the University;  or

(b) which takes or attempts to take action in a collective manner on   University premises or at any University activity;

(a) Macquarie University;

(b) its controlled   entities;

(c) any affiliated   institution;

(d) any college;   and

(e) any   educational institution located on University premises;

“University Activities” means the activities of the University and the University Community including:

1. teaching, study and research at the University; and
2. the conduct of any Academic Exercise; and
3. recreational, commercial, disciplinary or ceremonial activities of the University or the University Community; and
4. any clinical, professional or practical work, research, workshops, camps or field or vocational placements and any other activities arranged, sponsored, controlled or supervised by the University, whether or not it is part of a program or unit of study at the University; and
5. the provision by the University of services to the general community; and
6. the use or enjoyment of any University Property by any person authorised by the University; and
7. the management or administration of the University; and
8. anything incidental to any activities of the University or the University Community;

“University Community” means the:

1. members of the University’s council and Staff Members of the University; and
2. Students; and
3. Student Organisations; and
4. tenants and licensees of University Premises and their officers and staff; and
5. persons conducting an authorised business or other activity upon University Premises; and
6. persons otherwise involved in University Activities;

“University Premises” means

1. any premises owned, operated, supervised, occupied or controlled by the University, including premises of which the University is the landlord; and
2. any premises on which University Activities take place; and
3. any Residential College premises;

“University property” means any facility, resource or property which is:

1. owned by the University or in which the University has an interest or right;
2. in the custody or control of the University;
3. provided by the University; or
4. on University premises,
   and includes any University premises;

“University Regulations” means the by-laws, rules, codes of conduct, policies and directions from time to time of the University and includes this Procedure;

“University representative” means any officer, employee, contractor or agent   of the University or any employer or subcontractor of a contractor to the   University who:

(a) in the   circumstances would appear to a reasonable person to be a University   representative; or

(b) if requested by   a student, identifies himself or herself to the student as a University   representative;

“vilify” means engage in   conduct that incites hatred against, serious contempt for or revulsion or   severe ridicule of, a person;

“weapon”means   any object or substance designed to wound, cause injury or incapacitate   including any firearm, ammunition, pellet gun, spear, sword, knife or other   blade, stun gun and any chemicals such as capsicum spray, Mace or tear gas.

(a) the management, good governance   or discipline of the University;

(b) the reputation of the   University;

(c) the rights, health, safety or well   being of members of the University community or of associates of the   University;

(d) the safety of the property of   the University, members of the University community or of associates of the   University,

and includes any conduct:

(e) anywhere (including   on or off University premises or the premises of any college) or at any time   (including when the University is in or not in session) in any of those contexts;

(f) relating to University activities; or

1. a student is acting as or identifies himself or herself or is otherwise   readily identifiable as being a member of the University community (including   where a student is representing the University or a student organisation in   any capacity); or
2. any act affects a person acting as or who identifies himself or herself   as being a member of the University community or is otherwise readily identifiable   as a member of the University community.

Broad interpretation
This code of   conduct must be interpreted broadly and as operating to the full extent of,   but so as not to exceed, the powers of the University.

(a) it will be a valid provision to the extent to which   it does not exceed that power; and

(b) the remainder of this code of conduct and the   application of the provision to other persons, subject matters or   circumstances, will not be affected.

(a) the   mention of anything after the word “include” or any derivative of it does not   limit the nature or class of things included; and

(b) a   reference to anything includes a part of it.

(a) cease engaging   in a University activity; or

(b) leave University   premises,

because the student is drunk or putting himself,   herself or others at risk of harm.

4 August 2020 - Inclusion of the sentence: “Students are free to participate in student societies and associations, provided they comply with the requirements of this Code of Conduct and any relevant legislation.” under the Freedom of expression section as approved by the Deputy Vice-Chancellor (Academic) and Deputy Vice-Chancellor (Research).

16 October 2018 - Contact Officer changed from PVC (Students) to Registrar, change of position title for Deputy Vice-Chancellor (Academic) – removing ‘and Registrar’ from title within  Approval Authority section.

Student Discipline Rules
Student Discipline Procedure
Student Discipline Procedure Appendix 1: Handling and resolving allegations of Academic misconduct (process map with links to supporting resources)
Student Discipline Procedure Appendix 2: Handling and resolving allegations of General misconduct (process map with links to supporting resources)

Student Code of Conduct Frequently Asked Questions
Managing Complaints at Macquarie – Training Video and Supporting Resources
Respect.Now.Always – Support and Resources