(1) This Code outlines the principles, expectations and rules for the conduct of all College Members at the University of New England (UNE). College Members agree to abide by this Code when entering into an accommodation agreement with the Colleges. (2) This Code applies to all College Members, Affiliates and Visitors and must be read in conjunction with the documents listed in the Associated Information. It relates to: (3) The University Student Behavioural Misconduct Rules applies to all (4) Colleges are living, study and work environments and all College Members and Staff have the right to: (5) Breaches of this Code may result in disciplinary action in accordance with the Code, the policies and rules of a Member’s College and those of the University (including, without limitation, the University’s Student Behavioural Misconduct Rules). Any unresolved question of interpretation regarding this Code should be referred to the Director UNE Residential System. (6) A staff member acting as or delegated by the Director UNE Residential System can exercise the Director’s delegations. (7) College Staff and Student Leaders are entitled to respect at all times. College Members must: (8) Without limitation, a person to whom this Code applies may be found to be in breach of this Code by their: (9) Breaches of the Code may be determined to be either a minor breach or a serious breach, including (without limitation), by having regard to the below and, in the first instance, will be addressed according to the Investigations, Penalities and Appeals clauses of this Code. (10) Represent first time breaches by a College Member; and/or (11) Threaten the physical or psychological safety or wellbeing of any College Member or Staff Member; and/or (12) All (13) Residents are reminded non-consensual sex is a serious crime. UNE’s student Counselling Service, Student Grievance Unit, and community-based services provide comprehensive support and reporting mechanisms in cases of (14) If you have witnessed an assault, or suspect someone you know has been assaulted, you can report your observations confidentially to the Head of College, the Student Grievance Unit, and/or the Armidale Police. (15) Initiation or hazing activities are prohibited. Hazing is any action or situation (with or without the consent of participants) used for the purpose of initiation, admission into, affiliation with or as a condition for continued membership or acceptance in a group. Hazing activities may be intentional or unintentional, may involve humiliation, discomfort, embarrassment or physical and/or emotional harm to any individual or group. (16) Encouraging, initiating, participating in and/or supporting such activities is prohibited. Any retaliation against a person who reports, is a witness to, or cooperates with a hazing investigation, is strictly prohibited. (17) Consent or willing participation will not be accepted as an excuse for hazing. (18) If you have been hazed, have witnessed hazing or suspect someone you know has been hazed you can report your observations confidentially to the Head of College or the Student Grievance Unit. (19) Each Resident is entitled to privacy and the safety of their property. Residents must respect other residents’ property and their rooms. College Members must NOT: (20) Residents must be able to care for themselves and safely participate in their College environment. They must avoid putting themselves or others at personal risk, whether or not on College or University premises. Residents should avoid undertaking dangerous activities which include, but are not limited to: (21) University can be a stressful time for all (22) Sometimes a person’s behaviour can impact significantly upon the physical and psychological wellbeing of other residents. The Head of College considers the wellbeing of ALL (23) Residents returning to College following treatment or absence for any serious health-related reason are strongly encouraged to inform the Head of College at any time, including after hours. (24) Where there is risk to self and others, residents are strongly encouraged to report to Head of College for safety planning. (25) (26) The Head of College (or nominee) may contact the resident’s named emergency contact and/or next of kin in the event of any emergency involving the resident. (27) Following incidents of high-risk behaviour residents may be required to develop a care plan in consultation with a health professional. This is a proactive measure intended to increase a student’s professional support network and enhance their adjustment to College. (28) In emergency situations, always call ‘000’. Then call UNE Safety & Security on 6773 2099 for assistance until emergency services arrive. (29) College Members must comply with the University Alcohol Management Policy at all times. All individuals and groups organizing events involving alcohol consumption must observe licensing and other legal requirements. Customs that exert social pressure to drink to excess, particularly competitive, binge, or excessive drinking games and practices such as “all you can drink” events are not permitted. (30) Residents aged 18 years and over are permitted responsible consumption of alcohol in their rooms or in small groups in social areas of a College, not designated as Alcohol Free Areas, subject to the guidelines below: (31) The effects of intoxication will not be accepted as an excuse for any breach of this Code or the UNE Student Behavioural Misconduct Rules. (32) All College Members must respect the rights of Residents living in an Alcohol Free Area and comply with the Rules governing an Alcohol Free Area. (33) No alcohol can be stored or consumed in a designated Alcohol Free Area and no person is permitted in a designated Alcohol Free Area while under the influence of alcohol. (34) The UNE’s Smoke-Free Workplace Protocol is in force across the entire campus, including Colleges. This includes E-Cigarettes. College members who smoke may do so only within designated smoking areas. (35) All Residents must comply with the law in relation to drugs while living in or staying in a College. (36) Drugs, other than those prescribed by a medical practitioner, or available over the counter without prescription, are prohibited within the College. (37) College Members are not permitted to misuse any drugs, dangerous substances or other chemicals, or offer, induce or compel other Residents to do so. (38) Possession of equipment for use of prohibited drugs, possession, cultivation or growing, manufacture, distribution and use of illegal drugs and dangerous substances and other breaches of the relevant laws. All breaches of the relevant laws will be reported. (39) Residents must report observations of illegal drug activity to the Head of College or the Student Grievance Unit. This information will be treated in confidence. (40) Any misuse of any social media is considered a breach of this Code and may result in disciplinary action undertaken by the UNE Residential System and the University. Social media misuse can jeopardise your College residential status, (41) Residents must not use phones, computers or other equipment to harass, intimidate or infringe the privacy of other College Members or members of the public. A breach of this Rule may constitute serious breaches of either University policies or current State or Federal legislation and may constitute criminal behaviour. (42) To minimise the risk of fire and to reduce the threat to life as a result of any incidents, Residents must: (43) A College Member must not, intentionally or recklessly, interfere with or misuse anything provided in the interests of health, safety and welfare under Workplace Health and Safety legislation and the UNE Workplace Health and Safety Rule, such as fire-fighting or other fire safety equipment. (44) Any material, be it of an electronic or printed nature, that could be considered to be offensive must not be produced or displayed in any part of a College, or transmitted by any College Member. Any material deemed to be offensive will be removed or reported to the relevant site administration for removal. (45) If a College Member is alleged by a member of Staff to have engaged in illegal activity under the laws of any State, Territory or Commonwealth jurisdiction, the matter may be reported to the police within that jurisdiction for investigation. (46) A College name cannot be used without prior written approval from the relevant Head of College or the Director UNE Residential System. This includes stickers, posters, clothing and any publications, be they printed or electronic, which include the name of the College or any recognisable section of the College. College Members MUST: (47) It is important Colleges maintain a safe and orderly environment for their College Members. College Members and their guests must use College furniture and facilities appropriately and with due care. (48) College Members must contribute to the proper running of a College by NOT: (49) In addition to any penalty imposed, the costs of repair, replacement, cleaning or other costs associated with restoring good order after breaches of the above rules, will be charged to the College Member responsible for the damage concerned. (50) Residents are reminded as part of their Accommodation Agreement, guests will stay no longer than a maximum of eight(8) nights in a calendar year. (51) Each Resident is free to decorate their room. To avoid damage to structures and finishes, the following rules apply: (52) All College Members are entitled to the quiet enjoyment of their surroundings. Colleges are, however, living and learning environments and there will be a degree of noise to adjust to. Excessive noise levels within a College is a critical factor that may impact negatively on the environment of others. Residents are strongly encouraged to manage noise problems at a peer level in a civil and constructive manner. If you do not feel comfortable to do so, please approach your Residential Fellows for assistance. (53) Out of consideration for all Residents, a noise level that disturbs others, irrespective of the time, is considered inappropriate. Any noises must not disturb others at any time, within reason. (54) The reasonable time period for normal daily activities is 8.00am to 11.00pm. Between the hours of 11.00pm and 8.00am it is expected that the Colleges will be quiet areas, unless you have Head of College approval for a function or event. (55) Failure to comply with the directions of a Staff member or Student Leader in relation to noise constitutes a breach of this Code. The Head of College will deem what is reasonable or unreasonable by applying the reasonable person test. (56) For a period of no less than two weeks prior to the designated exam period and for the designated exam period an Exam Curfew will be in place in each College. (57) Except between 12.00pm and 2.00pm and between 5.00pm and 7.00pm, there is to be a quiet study-oriented atmosphere in the College. (58) During the exam curfew no unauthorised functions are permitted on College Premises. (59) Social gatherings are an integral part of College life and facilitate the productive development of social skills, friendships, mutual cooperation and College spirit. To maintain good order in planning, conduct and clean-up of the event, the following rules apply: (60) College or JCR organised events are occasions when a College as a whole will celebrate. Higher than normal levels of noise and/or periods of noise as compared to those outlined in clauses 52-55 may be tolerated: (61) Failure to comply with the reasonable directions of a Staff member or Student Leader in relation to noise from College or JCR organised events constitutes a breach of this Code. (62) Unless approved through the UNE Event Registration Form, the use of inflatable pools (regardless of size) and other recreational equipment (e.g., backyard slip and slide toys, jumping castles, bucking bull amusement rides) is prohibited. (63) Computer facilities and laboratories must be used in a manner that is ethical, lawful, and considerate of others, such that: (64) Please also refer to the Student Computer Laboratories Operating Procedures and the Information and Communication Technology Facilities and Services Rule. (65) Firearms or replicas of firearms (including ammunition or magazines), weapons (including items such as hunting knives, swords, crossbows, arrows and other dangerous weapons), inflammables, explosives or dangerous instruments are prohibited on College premises. (66) With the exception of fish the keeping of any animal or pet by Residents on College premises is prohibited. (67) Penalties will be imposed as outlined in Appendix A: Residential Colleges Code of Conduct Penalty Guidelines, as applicable. Alleged Level 1 breaches will be referred to a Head of College who will make a preliminary determination as to whether the breach is of a Level 1 or 2 nature. The Head of College has the discretion to escalate any matter to the Student Grievance Unit if they believe the circumstances warrant escalation. (68) Without in any way limiting clause 67, one or more penalties may be imposed upon any College Member found to have acted in breach of this Code. (69) Minor Penalties (70) Major Penalties (71) A College Member found in breach of this Code or a College rule or regulation may be assigned one or more Penalty Points per breach (clause 69c). Penalty Points are cumulative, and are carried between Colleges. (72) When ten (10) Penalty Points have been accumulated, the Head of College will impose an Exclusion from College for a period not exceeding three (3) years. Penalty Points remain active for twelve (12) months from the date of the imposition of the penalty. (73) If a College Member excluded from a College/s appeals the decision, the College Member will be required to abide by the Exclusion until the appeal process is finalised. (74) In addition to any penalty imposed, the College Member is required to pay the costs of: (75) If a College Member responsible for damage or mess is not immediately or readily identifiable then the penalty/penalties and/or the full cost of any restoration may be charged to: (76) Any payment for repair or restitution imposed by the College will be placed onto the College Member’s account as an encumbrance. (77) If a College Member is Excluded from a College for a period of one Trimester or more, they will automatically relinquish all positions they may occupy on any committee or sporting or cultural team associated with the College or with any affiliation to the College. (78) Where a Student becomes aware that a College Member (or ex-College Member) has failed to comply with a penalty, or penalties, imposed, they must immediately notify the relevant Head of College. (79) Where a College Member (or ex-College Member) is found on College Premises when excluded from a College or Colleges, UNE Safety, Security and Information and/or Police will be notified immediately. (80) Any person may report an alleged breach of the Code. The alleged breach will be referred to a Head of College (or nominee) who will make a preliminary determination as to whether the alleged breach is a Minor Breach or a Serious Breach. (81) Where a Head of College (or nominee) determines that an alleged breach of this Code is: (82) As part of its consideration of any matter referred to it under clause 81b, the Student Grievance Unit will determine (having regard to the nature of the alleged breach) whether it is more appropriate that the matter is managed under this Code or under the Student Behavioural Misconduct Rules. If the Student Grievance Unit considers that it is more appropriate that the matter be managed under this Code then they will confirm this (and will provide any relevant report or recommendation) to one of the following officers: (83) NB to avoid doubt: (84) The following officers or bodies are authorised to investigate and/or determine matters and/or impose penalties in relation to alleged Minor Breaches of the Code: (85) Where a Head of College has made a determination under clause 80 that the alleged breach of the Code is an alleged Minor Breach, they will also make a preliminary determination as to whether it is appropriate for a Student Leader to be given written authority as a nominee to investigate, make a preliminary determination and recommendation of penalty. (86) A Head of College, the Residential System Disciplinary Committee or the Director UNE Residential System may request an authorised officer or body as outlined clause 84, to conduct an independent investigation on their behalf and provide recommendations upon which the Head of College, Residential System Disciplinary Committee or Director UNE Residential System may make a final determination. In such a situation the Investigator will have the role to investigate the complaint and to make a preliminary determination and penalty recommendation for referral back to the requesting officer. (87) Subject to clause 88, either of the following University members is authorised to act as an Appeal Officer: (88) The Appeal Officer must not be the University member who was authorised to act as an Investigating Officer or who was otherwise involved in the initial investigation or determination of the matter. The decision of the Appeal Officer is the final internal decision. (89) Appeals must be (90) Appellants should structure their appeal in terms of clause 91a-c and provide evidence to support their appeal. (91) Appeals review the record of the initial investigation and its supporting documents for one or more of the following reasons: (92) In the case of a successful appeal under clause 91a, the matter may be referred back to the initial investigator or decision maker with appropriate advice from the Appeal Officer. (93) Previously unconsidered material may be presented only at the discretion of the Appeal Officer. The College Member will be advised (94) Appeal Interviews shall: (95) After the appeal interview the College Member will be advised (96) If the appeal process results in a decision that supports the College Member, the Residential System will promptly implement any decision and/or correction and preventative action required and will advise the College Member of the outcome. (97) All decisions from an appeal shall be appropriately recorded in accordance with the University Records Management Rule. (98) A Head of College may impose upon a College Member/s an emergency transfer to another College or an emergency Exclusion from College if, in their reasonable assessment: (99) Medical intervention may be sought in the case of an emergency Exclusion imposed arising from an assessment of an immediate threat of harm to the College Member or others as a result of a disorder, illness or disease that affects the College Member’s thought processes, perception of reality, emotions or judgement or that results in disturbed behaviour. (100) An Emergency Exclusion may apply to the College Member’s usual College of residence and all other Colleges in the UNE Residential System. (101) An emergency Exclusion or emergency Transfer is to be regarded as temporary until a complaint is investigated and determined. (102) For an emergency Exclusion determinations may include the requirement for the College Member to attend counselling sessions, develop a self-care plan, or provide evidence of a disability support plan. (103) The College Member has the right to appeal such a decision by following the processes as outlined under the Appeals section of the Code. (104) Affiliate is a person who is associated with a College and has thereby accepted the terms of this Code and other relevant policies or rules governing affiliation. (105) Alcohol Consumption Ban means a prohibition on a College Member consuming alcohol at any time or place within the College; at any College Function outside College premises or entering College premises after drinking alcohol outside the College. (106) Alcohol Free Area is an area designated by a College as alcohol free. Designated areas will be clearly identified with appropriate signage, and will include study/bedrooms rooms and adjacent corridors, relevant bathrooms, common rooms and kitchenettes, if they are within the boundary of the Alcohol Free Area. (107) Code means this Residential College Code of Conduct. (108) College includes any on-campus accommodation. This includes separate accommodation facilities associated with a College, such as on-campus houses and/or flats that are used by Residents and Students as well as the buildings, blocks, floors, courts, grounds and parking areas associated with these buildings. (109) College Member means a Resident or an Affiliate of a College. (110) College Premises means College buildings including its blocks, floors, courts, grounds and parking areas. (111) Discrimination is the act of treating a person unfairly because of their race, colour, nationality, descent, ethnicity, ethno-religious background, sexual preference, socio-economic background, disability or other personal characteristics. (112) Exclusion from College means the College Member is prohibited from entering one or more of the Colleges and attending College Functions sponsored by or participated in by the College/s for a specified period not exceeding three (3) years. On completion of the specified period of Exclusion, the College Member is eligible to return to a College although conditions on readmission may be applied. (113) Expulsion from College means the termination of a College Member’s permission to reside at or enter upon College Premises. (114) Function is a social gathering or event authorised by the College or University. For the purposes of this Code, a Function may be organised by the College Junior Common Room (JCR), College Club, other Affiliated Club or Association or College Member. (115) Harassment is any form of behaviour that is unwelcome and unreciprocated, and makes the situation unpleasant, humiliating or intimidating for the person who is the target of that behaviour. Harassment can be sexual or may arise from discrimination on the basis of gender, race, disability, sexual preference or may arise from any other unwelcome behaviour. (116) Head of College is the Master or Principal or Dean of a College. (117) Interview means oral communication between the College Member and a University Member, and includes communication both in face-to-face settings and through electronic mediating devices such as telephone, computer or tablet device. (118) Minor breach includes (without limitation) any Level 1 behaviour as set out in Appendix A: Residential College Code of Conduct Penalty Guidelines. (119) Occupant is a person who has been made an official offer to reside in a University Residential College and has accepted the terms of the UNE Residential System Accommodation Agreement and this Code. (120) Penalty Points are imposed for discipline matters and have a unit value ranging from 1 to 10 points. (121) Probation means a specified period not exceeding twelve (12) months wherein, if the College Member having been given a Reprimand, is found guilty of further acts of Behavioural Misconduct, further penalties may be imposed. (122) Racial Vilification is an act that demonstrates, or could incite others to demonstrate, hate, contempt, or severe ridicule of/for a person or group of people on the basis of their race, colour, nationality, descent, ethnicity or ethno- religious background. (123) Reasonable person means a hypothetical person in society who exercises average care, skill and judgment in conduct. (124) Reprimand means a notification in writing to the College Member that they have been found guilty of Behavioural Misconduct and is thereby formally admonished with a record kept on the College Member’s individual College file. (125) Resident has the same meaning as Occupant. (126) Residential System Disciplinary Committee is the disciplinary committee authorised to investigate alleged breaches and impose penalties under this Code. (127) Responsible consumption of alcohol is informed by Australian Government health guidelines which advise drinking no more than two (2) standard drinks on any day to reduce the risk of harm from alcohol-related disease or injury over a lifetime. Drinking no more than four (4) standard drinks on a single occasion reduces the risk of alcohol-related injury arising from that occasion. (128) Staff means the staff retained by the Colleges, staff employed by UNE, contractors and employees of contractors engaged by the Colleges. (129) Student Leader is a senior student who has been appointed or elected to a position of responsibility.Residential College Code of Conduct
Section 1 - Overview
Section 2 - Scope
Top of PageSection 3 - Breach of Code
Minor Breaches
Serious Breaches
Top of PageSection 4 - College Rules
Safe, Respectful Relationships
Initiation or Hazing
Privacy
Personal and Interpersonal Safety
Alcohol and Other Drugs
Consumption of Alcohol
Alcohol Free Areas
Smoking, E-Cigarettes and Vapes
Drugs
Social Media
Communication Equipment and Behaviours
Fire Safety
Health, Safety and Welfare Equipment
Offensive Materials
Alleged Illegal Activity
College Reputation
Good Operation of the College
College and University Property
Accommodation Rooms
Noise Levels, Quiet Enjoyment
Exam Curfew
Social Functions
College and JCR Events
Use of Inflatable and Other Recreational Equipment
Computer Facilities
Firearms and Dangerous Weapons
Pets
Section 5 - Penalties
Penalty Points
Section 6 - Investigations and Appeals
Appeals
Emergency Exclusion from College or Emergency Transfer to Another College
Section 7 - Definitions
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For the purposes of this document the following definitions apply.