Academic and Student Affairs Statute

The Council makes the following Statute:
Dated:  5 March 2012

Part 1. Preliminary

1. Objectives

The objectives of this Statute are to—

  1. make further provision relating to the objectives, functions and powers of the Academic Senate;
  2. make provision for meetings and procedures of the Academic Senate;
  3. make provision for programs, courses of study, degrees, diplomas, certificates, licences and other awards; and
  4. make provision for other academic and student matters including admission, exclusion, student progress, assessment, conduct, discipline, reviews, hearings and appeals, honorary degrees, titles and academic dress.

2. Authorising provision

This Statute is made under section 28 of the Swinburne University of Technology Act 2010.

3. Definitions

In this Statute—

Academic Senate means the Academic Senate established by the Council under section 20 of the Act; 
Note: 
Section 20 of the Act provides for the Council to establish an academic board or its equivalent. On 9 August 2010 the Council, under section 20 of the Act, established the Academic Senate.
accredited in relation to a degree, diploma, certificate, licence or other award offered by the University means accredited (or reaccredited) by the Academic Senate or by an external body with the power to accredit programs or courses of study offered by an Australian higher education or vocational education provider;
Act means the Swinburne University of Technology Act 2010;
award includes an honorary award;
information technology resources means services provided electronically, computer hardware, systems, networks, software and data;
prescribed means prescribed by regulations;
regulations means regulations of the University made under Part 5 of the Act;
register of awards means the register provided for in section 12;
roll of graduates means the roll provided for in section 14;
section means except when used in reference to the Act, a section of this Statute;
statute means a statute of the University made under Part 5 of the Act;
student misconduct has the meaning given to it in section 18;
University activities includes—

  1. attendance at or participation in University lectures, seminars, assessments and classes;
  2. participating in internships, placements, study tours or student exchanges associated with or organised by the University;
  3. participating in excursions, trips, functions, events, games or competitions associated with or organised by the University;
  4. in excursions, trips, functions, events, games or competitions associated with or organised by the University;

University facilities and services includes any building, equipment, vehicle, service or amenity provided by the University including University library resources and information technology resources;
University legislation means the Act, statutes and regulations;
University premises means premises—

  1. owned by the University;
  2. occupied by the University; or
  3. under the control of the University.

Part 2. Academic Senate

Division 1. Functions of the Academic Senate

4. Functions of the Academic Senate

The functions of the Academic Senate are—

  1. the functions conferred by University legislation;
  2. to accredit, reaccredit, endorse and ratify programs and courses of study
  3. to discuss and develop policy recommendations and approve policies, in relation to the University’s academic programs, both within and across sectors, including—
    1. planning academic activities;
    2. instruction, studies, discipline, examinations, assessments, research, degrees and diplomas, certificates, licences and other awards in the University’s programs;
  4. to monitor academic and research quality and standards;
  5. to report to the Council, at intervals and in the manner specified by the Council, on the performance of its functions;
    1. any issue within the powers and functions of the Academic Senate;
    2. any other issue referred to it by the Council for consideration and report;
  6. to report to the Council, at intervals and in the manner specified by the Council, on the performance of its functions;
  7. to make regulations in accordance with this Statute;
  8. any other functions, not inconsistent with this Statute, conferred by the regulations.

5. Powers

  1. The Academic Senate has power to carry out its functions.
  2. The Academic Senate has power, in accordance with this Statute, to make regulations.

6. Meetings

  1. Notice of meetings must be given in accordance with the regulations.
  2. Meetings of the Academic Senate and its committees—
    1. subject to subsection (3), must be open to members of the University;
    2. must be conducted in accordance with the regulations.
  3. The regulations may provide for—
    1. the number of observers in attendance at a meeting to be limited or for the venue to be changed to accommodate observers; and
    2. persons to be excluded from a meeting due to their behaviour at the meeting.
  4. Minutes of meetings must be published in accordance with the regulations.

7. Effectiveness of acts and decisions

An act or decision of the Academic Senate is effective despite any—

  1. defect in the composition of the Academic Senate or in the appointment, election or qualification of a member of the Academic Senate; or
  2. failure to comply with prescribed requirements for meetings of the Academic Senate and its committees.

Division 2. Review by Council

8. Consideration by Council

The following documents must be placed before the Council for its consideration—

  1. reports by the Academic Senate on issues referred to it by the Council;
  2. reports by the Academic Senate on the performance of its functions;
  3. minutes of meetings of the Academic Senate.

Part 3. Titles and Honorary Degrees

Division 1. Titles

9. University may confer titles on people associated with it

The University may in accordance with the regulations confer a title on a person who is associated with the University in a substantial way, including a person who is not employed or appointed to an established or recurrent position.

Division 2. Honorary degrees

10. University may award honorary degrees

The Council may in accordance with the regulations confer an honorary degree on a person who—

  1. has achieved eminence in an academic field; or
  2. has provided distinguished service to the University or the community.

Part 4. Degrees, Diplomas, Certificates, Licences and Other Awards

Division 1—Conferral or granting of awards

11. Degrees, diplomas, certificates, licences and other awards offered by the University

The Council may determine the degrees, diplomas, certificates, licences and other awards that are offered by the University.

12. Register of awards

  1. The University must maintain a register of accredited degrees, diplomas, certificates, licences and other awards offered by it. 
  2. The register may be kept electronically.

Division 2—Conferral and granting of awards

13. Conferring of awards

  1. The Council may confer degrees and grant diplomas, certificates, licences and other awards. 
  2. If the Council confers a degree or grants a diploma, certificate, licence or other award, the University may issue a testamur for the degree, diploma or the certificate, licence or other award.

14. Roll of graduates

  1. The University must maintain a roll of persons on or to whom accredited degrees, diplomas, certificates, licences or other awards have been conferred or granted. 
  2. The roll may be kept electronically.

Division 3—Revocation of awards

15. Power to revoke degree or other award

  1. The Council may revoke a degree, diploma, certificate, licence or other award if, having complied with the procedure referred to in section 16, it is satisfied that it was obtained—
    1. fraudulently, improperly or by material misrepresentation;
    2. as a result of transgression of ethical research practice; or
    3. as a result of administrative error.
  2. If a degree, diploma, certificate, licence or other award has been revoked, the roll of graduates must be amended to record that fact.
  3. In this section, material misrepresentationincludes a representation relating to a person who subsequently receives a degree, diploma, certificate, licence or other award where—
    1. the representation is untrue; and
    2. if the truth had been known—
      1. the person would not have been allowed to enter the course leading to the award; or
      2. the award would not have been granted.

16. Investigation procedure

The Council must not revoke an award unless an investigation has been conducted in accordance with the regulations.


Part 5. Admission, Conduct and Exclusion

Division 1—Admission

17. Admission as a student

  1. The University must conduct admission of students in accordance with University legislation and the policies and procedures of the University.
  2. Subject to any agreement or arrangement with a government agency or other body empowered to administer the admissions of Victorian universities, the University may decide, in its absolute discretion, whether to accept an application for admission as a student.
  3. Upon enrolment, a student is bound by the University’s statutes, regulations and policies and procedures.

Division 2—Student misconduct

18. Student misconduct

A person commits student misconduct if the person commits—

  1. student academic misconduct; or
  2. student general misconduct.

19. Student academic misconduct

A person commits student academic misconduct if he or she while a student engages in conduct that is prescribed in the regulations to be student academic misconduct.

20. Student general misconduct

A person commits student general misconduct if he or she while a student engages in conduct that is prescribed in the regulations to be student general misconduct.

Division 3. Academic progress

21. Academic progress review

  1. The University may, in accordance with the regulations, review whether a student has maintained satisfactory academic progress.
  2. The University may exclude a student who has failed to maintain satisfactory academic progress.

Division 4. Suspension, exclusion and sanctions

22. Sanctions for student misconduct

A person who is found to have committed student misconduct is liable to the sanction determined under the regulations.

23. Suspension and exclusion

  1. Unless the regulations provide otherwise and subject to subsection (2), if—
    1. the sanction imposed for student misconduct is suspension from the University for a period, the person is immediately suspended from the University for that period;
    2. the sanction imposed for student misconduct is exclusion from the University, the person is excluded immediately upon imposition of that sanction.

      Example
      A sanction of exclusion from the University is applied to a person found to have cheated in an examination. The person is excluded from the University immediately upon the sanction being imposed.

  2. The University may, to enable consideration of an application for review or appeal, stay —
    1. an exclusion;
    2. a suspension; or
    3. any sanction.
  3. The regulations may—
    1. confer on a person who has been suspended or excluded, a right to—
      1. apply for the review of the decision;
      2. appeal the decision or a decision following a review of the decision; and
    2. provide for imposition of an additional sanction (including suspension or exclusion) where—
      1. a sanction other than suspension or exclusion from the University has been determined under the regulations; and
      2. the person has failed to comply with the sanction.
  4. Unless the regulations provide otherwise, a person who has been excluded or suspended, for the duration of the suspension—
    1. does not have the privileges or rights of a student; and
    2. unless permitted by the University or authorised by law, must not enter University premises, attend University activities or access or use University facilities and services.

24. Suspension or exclusion on health or safety grounds

The University may refuse to enrol a person as a student or may suspend or exclude a student if it appears that the student—

  1. may be suffering from a health condition or disability which makes the person unable to complete the requirements of a course of study or unit;
  2. has a health condition or disability for which there is a demonstrable reason (based on history or other circumstances) to believe that—
    1. the person may harass other persons;
    2. the enrolment of the person, or the person’s behaviour as an enrolled student, may cause emotional disturbance to other persons or to himself or herself; or
    3. the person may disrupt the provision of University facilities and services or University activities; or
  3. is likely, in the reasonable opinion of the University (based on history or other circumstances) to—
    1. harass or cause emotional disturbance to other persons;
    2. disrupt the provision of University facilities and services or University activities; or
    3. cause health or safety risks to University staff or students.

25. Withholding of results &c

The regulations may provide for—

  1. withholding of assessment or examination results;
  2. withholding of testamurs or academic transcripts; and
  3. exclusion from graduation—

of persons who have outstanding fees, fines or penalties under University legislation.


Part 6. Miscellaneous

Division 1. Regulations

26. Power of Academic Senate to make regulations

  1. The Academic Senate may make regulations under this Statute for or with respect to—
    1. accreditation and re-accreditation;
    2. academic dress and academic titles, ranks or positions;
    3. examinations;
    4. assessment;
    5. graduates;
    6. students;
    7. programs and courses of study;
    8. credit in courses of the University for work done elsewhere;
    9. degrees and other awards.
  2. The Academic Senate must give written notice of regulations to the Vice-Chancellor not less than 30 days before they come into effect.

27. Power of Council to make regulations

Council may make regulations under this Statute for or with respect to—

  1. any subject matter in respect of which the Academic Senate may make regulations;
  2. honorary degrees;
  3. student misconduct;
  4. generally the carrying out of the objects of this Statute.

28. Power of Vice-Chancellor to make regulations

The Vice-Chancellor may make regulations under this Statute for or with respect to any subject matter on which the Council may make regulations.

29. Procedure for making regulations

Regulations made under this Statute must be made and promulgated in the manner prescribed by the Governance and Administration Statute 2012.

Division 2. Evidentiary provisions

30. Evidentiary provisions

  1. A certificate, purporting to be issued by the University, certifying that specified information was, on a specified date, contained in the roll of graduates—
    1. is admissible in evidence;
    2. is sufficient evidence of the facts certified in the certificate unless the contrary is proven.
  2. The roll of graduates is—
    1. admissible in evidence;
    2. sufficient evidence, unless the contrary is proven, that a degree, diploma, licence or other award was granted, conferred or revoked as set out in the roll.

Division 3. Revocation of Statutes

31. Revocation of Statutes

On the commencement of this Statute the following Statutes are revoked—

  1. Statute 13 – Degrees/Diplomas/Certificates and Other Awards;
  2. Statute 14 – Honorary Degrees;
  3. Statute 16 – Discipline;
  4. Statute 18 – Titles for People Associated with the University;
  5. Statute 23 – Academic Dress. Division 4. Transitional Provisions

32. Successor to previous Boards

  1. In this section, previous Boards mean the University’s previous Board of Technical and Further Education Studies and Academic Board. 
  2. The Academic Senate is the successor to the previous Boards.
  3. Without limiting the meaning of subsection (2)—
    1. any hearing, proceeding, investigation or other process commenced by a previous Board may be continued by the Academic Senate as though it were commenced by the Academic Senate;
    2. any policy, procedure, decision, condition or other thing made, adopted or approved by a previous Board will be treated as having been made, adopted or approved by the Academic Senate;
    3. any matter submitted to a previous Board for report to the Council must be treated as having been submitted to the Academic Senate for report to the Council;
    4. any reference in any document to a previous Board shall, unless inconsistent with the context, be taken to include reference to the Academic Senate; and
    5. no decision, matter or thing of the Academic Senate is affected by the further provisions of this Statute.

33. Register and roll

Sections 12 and 14 apply to awards accredited, conferred or granted on or after the commencement of this Statute.