1996 Swinburne Higher Education Handbook

c) On receiving this report the
Manager, Computer Services and
Information Technology shall
review the decision of the
responsible system administrator.
d) Following this review the Manager,
Computer Services and Information
Technology shall;
i) immediately restore the
student's network access;
or
ii) at hidher discretion confirm the
suspension and enact the
Network Disciplinary
Procedure within five working
days;
or -.
iii) counsel the student without
proceeding further, in which
case the students network access
shall be immediately restored.
The Manager, Computer
Services and Information
Technology shall ensure a
record of the counselling session
is kept in accordance with 2.l(a)
3. Network Disciplinary Procedure
3.1 The Manager, Computer Services and
Information Technology, shall not proceed
with a case in respect of a student who has
allegedly breached the Network Access and
Code of Practice Policy unless the student has
been counselled in accordance with the
Counselling Procedure.
3.2 In enacting this procedure, the Manager,
Computer Services and Information
Technology shall, within ten working days
of an alleged breach of 'The Code of
Practice' and in writing, make a case with
supporting evidence to the Student Network
Discipline Panel which will determine the
matter.
3.3 The Student Network Discipline Panel shall
comprise:
The Pro Vice-Chancellor -
Information Services, who shall act
as Chair
A member of academic staff, selected
by the Chair of Academic Board or
Board of Technical Studies, from a
teaching division other than that in
which the student is taught
The President of the Student Union,
or nominee.
The decision of the panel shall be
reached by majority vote.
3.4 Upon receipt of documents from the
Manager, Computer Services and
4. Appea
4.1
Information Technology enacting the
Network Disciplinary Procedure, the Chair
of the Student Network Disciplinary Panel
will notify the student, in writing, within
three working days. The Chair will provide
the student with copies of the documents
supplied to the Panel by the Manager,
Computer Services and Information
Technology and invite the student to
respond in writing within five working days.
At a date fixed by the Panel, it will convene
to consider the material placed before it in
relation to the allegation. The Panel may
invite the Manager, Computer Services and
Information Technology and the student to
appear before it, as well as any other
witnesses it may consider relevant to its
deliberations.
a) If the Panel invites the complainant
and respondent to appear before it,
their appearances must be scheduled
such that they attend separately and
at different times.
b) If the Panel invites one party to
appear it must likewise issue an
invitation to the other party.
A prior warning shall not be considered by
the Panel as an admission of guilt.
The actions of the panel shall be limited to:
Dismissing the allegation;
or
Upholding the allegation, in which
case the Panel shall determine an
appropriate period of suspension to
network access. The Panel shall
determine this question insofar as
the nature and seriousness as the
breach admits.
The Student Network Discipline Panel will
conduct proceedings in strict accordance
with the doctrine of natural justice, which
entitles students to a hearing which is free
from bias.
A student shall have the right of appeal to
the Vice-Chancellor from a decision of the
Student Network Discipline Panel. This
right shall extend the imposition of any
~enalty, as well as, the finding of the Panel.
A student shall have the right to appeal to
the Vice-Chancellor if there has been a
breach of process by the Student Network
Disciplinary Panel.
A student shall have the right to re-argue
their case and/or submit new evidence.