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1996 Swinburne Higher Education Handbook

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status or private life, the complainant has the<br />

right to present a complaint to the appropriate<br />

10.2 Where internal gievance procedures are being<br />

followed, the complainant may wish to refer<br />

the mat& to the appropriate dxternd<br />

authority at any stage of the process, and in<br />

particular:<br />

a) when no further action is taken;<br />

b) when he/she may wish to appeal<br />

against the Committee's decision.<br />

10.3 Where the matter is taken up with the external<br />

authority, the internal grievance procedure<br />

shall cease to apply in the case.<br />

10.4 The appropriate external authority in the case<br />

of discrimination complaints is the Office of<br />

the Commissioner for Equal Opportunity in<br />

Victoria.<br />

11. Confidentiality<br />

11.1 Confidentiality will be strictly observed<br />

throughout the conciliation and resolution<br />

process. Information and records related to<br />

complaints will be considered exempt<br />

documents under Freedom of Information<br />

legislation.<br />

12. Record keeping and storage<br />

12.1 The written record of the complaint will be<br />

retained for a of twelve months in a<br />

confidential manner.<br />

12.2 Where all appeal mechanisms are exhausted or<br />

where the complaint is not sustained, written<br />

documentation of the case will be destroyed.<br />

12.3 The Manager, Equity Unit shall have access to<br />

statistical information concerning<br />

discrimination related complaints.<br />

13. Conflict of interest<br />

13.1 If the Head of School feels that to undertake<br />

conciliation of a complaint would place him/<br />

herself in the situation of a conflict of interest,<br />

the Head of School will direct the student to<br />

take the grievance to the Pro Vice-Chancellor<br />

or the Head of School.<br />

13.2 A complainant may at any stage of the<br />

informal procedure seek the assistance of the<br />

Pro Vice-Chancellor or Head of School if he/<br />

she believes a conflict of interest exists or may<br />

arise as a result of the complaint.<br />

14. Resources<br />

14.1 The complainant may at any stage of the<br />

grievance procedure approach where relevant,<br />

the following offices or persons for advice<br />

and/or support:<br />

a) Student Union;<br />

b) <strong>Swinburne</strong> Student and <strong>Education</strong>al<br />

Services;<br />

c) Equity Unit.<br />

14.2 Members of staff so contacted are advised to<br />

direct the complainant to hidher Head of<br />

School.<br />

14.3 The respondent may approach the staff<br />

association or union for advice and support.<br />

Council Policy (as amended) December 1993.<br />

Student Disciplinary Code<br />

Computer and Network<br />

Version 2.OD May 1994<br />

Preamble<br />

Electronic means of communication are now an intrinsic<br />

part of <strong>Swinburne</strong> University of Technology's academic<br />

infrastructure. In order to protect the integrity and thereby<br />

maximise the academic utility to the <strong>Swinburne</strong> community<br />

of the University's electronic information systems it has<br />

become necessary to develop a student disciplinary<br />

procedure.<br />

This disciplinary code provides a mechanism for handling<br />

allegations against students of abuse in a fair and appropriate<br />

manner whilst, at the same time, providing administrators<br />

with responsible flexibility in terms of maintaining the<br />

integrity - . of <strong>Swinburne</strong>'s electronic information systems.<br />

Implicit in this disciplinary code is the recognition that to<br />

refuse, restrict or remove a student's access to the<br />

University's electronic information systems constitutes a<br />

serious academic penalty. As such, the disciplinary code does<br />

not assume that in every case an allegation of abuse is<br />

necessarily mischievous. With this in mind it has been<br />

designed to solve problems at the most direct level and with<br />

a view to counselling a student(s), in the first instance, on<br />

the appropriate use of <strong>Swinburne</strong>'s electronic information<br />

systems.<br />

It should be noted that whilst the preamble has been framed<br />

to broadly cover the University's electronic information<br />

systems in general, the student disciplinary code that follows<br />

is, for the present, more specific is in its scope. As such it is<br />

to be regarded as an interim and shall apply only in a breach<br />

to the University's Network Access and Code of Practice.<br />

1. Application of computer and network<br />

student disciplinary code<br />

1.1 The Computer and Network Student<br />

Disciplinary Code ('Disciplinary Code')<br />

shall be regarded as interim and until<br />

otherwise be proclaimed by the University<br />

shall apply only in respect of a breach by a<br />

student of the University's Network Access<br />

and Code of Practice Policy ('The Code of<br />

Practice').<br />

1.2 For the purposes of section 15 of the<br />

Network Access and Code of Practice any<br />

reference to due process, whether it involves<br />

a decision to refer a breach of 'The Code of<br />

I

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