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Please note - Swinburne University of Technology

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General Information<br />

behaviour within the TAFE Division. This is to<br />

ensure that the advancement <strong>of</strong> education is<br />

maintained at the highest level, by promoting<br />

communication between students and staff on<br />

this issue.<br />

The policy is based on natural justice<br />

principles and as such is consistent with the<br />

United Nations Charter <strong>of</strong> Human Rights, and<br />

Acts <strong>of</strong> Parliament such as Victorian Equal<br />

Opportunity Act, Commonwealth Sex<br />

Discrimination and Racial Discrimination Acts.<br />

f. Requirements <strong>of</strong> students<br />

Every school in the TAFE Division has<br />

developed rules and regulations concerning<br />

such things as attendance, social<br />

behaviour, and compliance with course<br />

and college regulations for the programs<br />

under its jurisdiction. Studcnts will be<br />

informed <strong>of</strong> these requirements at the<br />

time <strong>of</strong> their initial enrolment by the<br />

enrolling school.<br />

Any activity that is in breach <strong>of</strong> the<br />

requirements <strong>of</strong> the school in which a student<br />

is enrolled, and which have been circulated by<br />

authorized heads <strong>of</strong> schools or departments,<br />

will be considered as misbehaviour, and thus<br />

be subject to disciplinary action.<br />

2. Informal and formal procedures<br />

This section contains the following:<br />

Definition <strong>of</strong> misbehaviour which could<br />

result in disciplinary action.<br />

Procedure to follow to consider<br />

misbehaviour.<br />

Degrees <strong>of</strong> Punitive Action<br />

2.1 General &.finition<br />

Any activity within the TAFE Division<br />

precincts that harms or threatens to<br />

harm the well being and the<br />

educational welfare <strong>of</strong> a person or<br />

persons or is likely to bring the TAFE<br />

Division into disrepute may be<br />

considered as misbehaviour.<br />

Furthermore, rnisbehaviour will be<br />

defined as any activity which is in<br />

breach <strong>of</strong> the requirements <strong>of</strong> the<br />

school in which the student is<br />

enrolled.<br />

Any person or persons who are<br />

considered to be in breach <strong>of</strong> the<br />

above will be subject to the following<br />

procedure:<br />

2.2 l'rocedure - corrcilialion and resolution<br />

Phase (1) Informal Procedure<br />

(Stages One, Two and Three)<br />

Stage - One<br />

2.2.1 On the instance <strong>of</strong> an act being<br />

reported or identified as<br />

unacceptable, the teaching or<br />

administrative staff member<br />

will attempt to resolve the<br />

matter on a one-to-one or oneto-many<br />

basis.<br />

Stage - Two<br />

2.2.2 If the first action does not<br />

resolve the matter then the<br />

staff member concerned will<br />

raise the matter with the<br />

immediate supervisor who will<br />

attempt an informal discussion<br />

with both partics with the aim<br />

<strong>of</strong> resolving the concern.<br />

Stage - Three<br />

2.2.3 If the second action (stage two)<br />

is not successful, then the staff<br />

member concerned will raise<br />

the matter with the head <strong>of</strong><br />

department. If the staff<br />

member involved in the first<br />

and second stage is the head <strong>of</strong><br />

department the head <strong>of</strong> school<br />

will act as the conciliator in the<br />

third action (stage three).<br />

Phase (2) Formal Procedure<br />

Stage - Four<br />

2.2.4 If the action at stage three fails<br />

to achieve a resolution, then<br />

the head <strong>of</strong> department or<br />

head <strong>of</strong> school (see paragraph<br />

2.2.3) will:<br />

speak to the complainant<br />

speak to the person or persons<br />

against whom the complaint<br />

has been made<br />

raise the matter with the<br />

Student Union<br />

make a decision on punitive<br />

action to the taken after all<br />

parties have been heard<br />

make a written report outlining<br />

the complaint, the action<br />

(Stages One, Two and Three)<br />

and the decision taken<br />

forward a copy <strong>of</strong> the report to<br />

the following:<br />

the complainant<br />

the person or persons against<br />

whom the complaint has been<br />

lodged<br />

the Student Union<br />

the head <strong>of</strong> the school in which<br />

the student is enrolled or<br />

Director, TAFE Division if<br />

appropriate.<br />

2.3 Degrees <strong>of</strong> punitive action<br />

2.3.1 Warning on the first instance.<br />

2.3.2 Suspension for a set period <strong>of</strong><br />

time from class or all classes.<br />

2.3.3 Exclusion from <strong>Swinburne</strong>.<br />

3. Appeals<br />

3.1 If the Complainant or the person or

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