What is Misconduct:
Misconduct is any personal conduct or behaviour that is deemed inappropriate by TAFE Queensland.
Misconduct is any behaviour or action that is deemed inappropriate and can disrupt the learning of self and others, interfere with TAFE Queensland operations, inhibit or prevent staff members from carrying out their duties, or endanger the health and safety of yourself, other students or staff.
The types of misconduct are:
Examples of Misconduct:
Misconduct is generally broken into two types:
Whilst these are sometimes dependent on the context of what has occurred, below are some guidelines of which each involves.
Personal conduct and behaviour that breaches the standards of conduct set out in the TAFE Queensland Student Rules and Policies, but where the extent or impact of the breach is not substantial, such as:
Personal conduct and behaviour that breaches the standards of conduct set out in the TAFE Queensland Student Rules and Policies, and where the extent or impact of the breach is substantial, such as:
Engaging in conduct which compromises or threatens to compromise the purpose and conduct of research, including any breach of the Australian Code for the Responsible Conduct of Research).
In cases of either minor or major misconduct, TAFE Queensland reserves the right to immediately suspend you from your education/training for a minimum period of 24 hours. The suspension period may be longer than 24 hours in cases of major misconduct.
You will be advised of the date you can return to your education/training.
Whilst suspended, you are not entitled to enter TAFE Queensland premises or use its facilities.
Informal Disciplinary Process:
If the misconduct is minor in nature, TAFE Queensland may deal with it informally.
In this case TAFE Queensland may choose an informal method of addressing the issue, such as an interview, counselling session, or offer of support, with arrangements made to improve your behaviour in the future.
Formal Disciplinary Process:
If the misconduct is major TAFE Queensland in nature (or involves repeated instances of minor misconduct) TAFE Queensland will deal it formally.
In this case TAFE Queensland will provide you with a Student Allegation of Misconduct Notice, to outline the nature of the misconduct and process of dealing with the misconduct.
You have the right to respond to the Student Allegation of Misconduct Notice via a meeting or written submission within 5 business days of the date of the notice.
If you are attending a meeting, you may invite a parent, guardian or advocate (however, they must not be another student involved in or associated with your case).
If you are not in attendance at the scheduled meeting or do not respond in writing within 5 business days, the disciplinary process will continue to determine whether misconduct is substantiated.
TAFE Queensland will then inform you of its disciplinary decision through a formal Student Disciplinary Decision Notice within 5 business days of the date of the decision. The decision notice will set out the decision findings and your right of appeal.
If you feel that the disciplinary decision is unfair, you have a right to appeal to your TAFE Queensland region's Disciplinary and Appeals Committee. Your request for an appeal must be on one of the following grounds:
If you are making an appeal, it must be made in writing and submitted to the regional General Manager within 20 business days of receiving the Student Disciplinary Decision Notice.
The region's Disciplinary and Appeals Committee will then consider the appeal and respond to you.
In exceptional circumstances, you may be able to make a further appeal to the TAFE Queensland Academic Board Disciplinary and Appeals Committee.
If you are making an appeal, it must be made in writing and submitted to the TAFE Queensland Chief Executive Officer within 10 days of receiving the Student Appeals Decision Notice.
If you are still dissatisfied with the disciplinary decision, you have the right to take the case to an external body, such as:
If you do so, you must notify TAFE Queensland within 7 days of the final decision notice from TAFE Queensland, to be able to continue your enrolment.
You are only allowed one external appeal decision. TAFE Queensland will give due consideration to the outcome of the external appeal.