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Please note - Swinburne University of Technology

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i) If the Manager, Computer Services and<br />

lnforrnation ~echnology decides to enact<br />

the Network Disciplinary Procedure she<br />

must immediately inform, with reasons, the<br />

student who it is alleged breached 'The<br />

Code <strong>of</strong> Practice'.<br />

ii) The Manager, Computer Services and<br />

lnformation <strong>Technology</strong>, may only suspend<br />

the network access rights <strong>of</strong> a student if<br />

s/he considers it necessary in order to<br />

protect the integrity <strong>of</strong> the network and<br />

also intends to enact the Network<br />

Disciplinary procedure in respect <strong>of</strong> that<br />

student. In such a case, the matter must be<br />

referred to the Student Network Discipline<br />

Panel within five working days and the<br />

student informed, with reasons, by the<br />

Manager.<br />

iii) A nominee selected by the Manager,<br />

Computer Services and lnformation<br />

<strong>Technology</strong>, for the purpose <strong>of</strong> counselling a<br />

student may not enact the Network<br />

Disciplinary Procedure. This shall not apply<br />

in the event the Manager is absent and has<br />

delegated an appropriate person to act for<br />

himlher in respect for hidher responsibilities<br />

under this Disciplinary Code.<br />

2.4 In the event a system administrator detects a<br />

major breach <strong>of</strong> 'The Code <strong>of</strong> Practice' which, in<br />

their judgement, threatens the integrity <strong>of</strong> the<br />

network, s/he may, if the administrator considers it<br />

necessary, immed;ately suspend the network<br />

access <strong>of</strong> a student suspected <strong>of</strong> the breach.<br />

a) After suspending ackess, the responsible<br />

administrator shall immediately inform, with<br />

reasons, the student suspected <strong>of</strong> the breach<br />

that their access to the network has been<br />

suspended pending a review by the Manager,<br />

Computer Services and lnformation <strong>Technology</strong>.<br />

b) Within two working days <strong>of</strong> the suspension,<br />

the responsible administrator shall provide a<br />

detailed report <strong>of</strong> the matter to the Manager,<br />

Comauter Services and lnformation <strong>Technology</strong>. -.<br />

c) On receiving this report the Manager,<br />

Com~uter Services and lnformation <strong>Technology</strong> -.<br />

shall ieview the decision <strong>of</strong> the responsible<br />

system administrator.<br />

d) Following this review the Manager, Computer<br />

Services and lnformation <strong>Technology</strong> shall;<br />

i) immediately restore the student's network<br />

access;<br />

or<br />

ii) at higher discretion confirm the suspension<br />

and enact the Network Disciplinary<br />

Procedure within 5 working days;<br />

or<br />

iii) counsel the student without proceeding<br />

further, in which case the students network<br />

access shall be immediately restored. The<br />

Manager, Computer Services and<br />

lnformation <strong>Technology</strong> shall ensure a<br />

record <strong>of</strong> the counselling session is kept in<br />

accordance with 2.l(a)<br />

3. Network Disciplinary Procedure<br />

3.1 The Manager, Computer Services and lnformation<br />

<strong>Technology</strong>, shall not proceed with a case in<br />

respect <strong>of</strong> a student who has allegedly breached<br />

the Network Access and Code <strong>of</strong> Practice Policy<br />

unless the student has been counselled in<br />

accordance with the Counselling Procedure.<br />

3.2 In enacting this procedure, the Manager,<br />

Computer Services and lnforrnation <strong>Technology</strong><br />

shall, within 10 working days <strong>of</strong> an alleged breach<br />

<strong>of</strong> 'The Code <strong>of</strong> Practice' and in writing, make a<br />

case with supporting evidence to the Student<br />

Network Discipline Panel which will determine the<br />

matter.<br />

3.3 The Student Network Discipline Panel shall<br />

comprise:<br />

The Pro Vice-Chancellor - lnformation<br />

Services, who shall act as Chair<br />

A member <strong>of</strong> academic staff, selected by the<br />

Chair <strong>of</strong> Academic Board or Board <strong>of</strong> Technical<br />

Studies, from a teaching division other than<br />

that in which the student is taught<br />

The President <strong>of</strong> the Student Union, or<br />

nominee.<br />

The decision <strong>of</strong> the panel shall be reached by<br />

majority vote.<br />

3.4 Upon receipt <strong>of</strong> documents from the Manager,<br />

Comauter Services and lnformation Technoloav<br />

enacting the Network Disciplinary ~rocedure,%e<br />

Chair <strong>of</strong> the Student Network Disciplinary Panel<br />

will notify the student, in writing, within three (3)<br />

working days. The Chair will provide the student<br />

with copies <strong>of</strong> the documents supplied to the<br />

Panel by the Manager, Computer Services and<br />

lnformation <strong>Technology</strong> and invite the student to<br />

respond in writing within five (5) working days.<br />

3.5 At a date fixed by the Panel, it will convene to<br />

consider the material placed before it in relation to<br />

the allegation. The Panel may invite the Manager,<br />

Computer Services and lnforrnation <strong>Technology</strong><br />

and the student to appear before it, as well as any<br />

other witnesses it may consider relevant to its<br />

deliberations.<br />

a) If the Panel invites the complainant and<br />

respondent to appear before it, their<br />

appearances must be scheduled such that they<br />

attend separately and at different times.<br />

b) If the Panel invites one party to appear it must<br />

likewise issue an invitation to the other party.<br />

3.6 A prior warning shall not be considered by the<br />

Panel as an admission <strong>of</strong> guilt.<br />

3.6 The actions <strong>of</strong> the panel shall be limited to:<br />

Dismissing the allegation;<br />

or<br />

Upholding the allegation, in which case the<br />

Panel shall determine an appropriate period <strong>of</strong><br />

suspension to network access. The Panel shall<br />

determine this question ins<strong>of</strong>ar as the nature<br />

and seriousness as the breach admits.

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