• Section 1 - Overview and Scope
• Part A - Academic Integrity
• Part B - Breaches of academic integrity
• Part C - Investigations of breaches of academic integrity
• Part D - Student Conduct Appeals Committee
• Section 2 - Authority and Compliance
• Authority
• Compliance
• Section 3 - Quality Assurance
• Section 4 -  Definitions

Section 1 - Overview and Scope

(1) This Policy provides a framework for implementing the principles of academic integrity and for managing student breaches of academic integrity at UNE.

(2) This Policy applies to all students enrolled in undergraduate and postgraduate award and non-award courses offered by UNE, former students, and UNE Representatives. The Policy does not apply to higher degree by research courses.

(3) In the event of any conflict between this Policy and any Joint Medical Program policy or procedures, the provision of the JMP policy or procedure will take precedence.

(4) Within this Policy:

1. Part A covers academic integrity; and
2. Part B covers breaches of academic integrity;
3. Part C covers the investigations of breaches of academic integrity; and
4. Part D covers the Student Conduct Appeals Committee.

Part A - Academic Integrity

(5) Academic integrity is the practice of acting with honesty, trust, fairness, respect and responsibility in learning, teaching and research. UNE is committed to promoting the principles of academic integrity and taking action to prevent and address breaches of academic integrity.

(6) UNE expects its students to act with academic integrity during the course of their studies and is committed to assisting students in this regard. UNE will make available an Academic Integrity Module to provide students with information about academic integrity and ways to maintain academic integrity during their studies. Students are required to complete the Academic Integrity Module before the submission of their first assessment task in their program of study. Students must also be aware of any particular requirements for academic integrity, such as referencing standards, in each individual unit of study.

(7) Unit Coordinators and teaching staff are expected to contribute to the promotion of academic integrity through:

1. being familiar with UNE’s approach to academic integrity, as expressed in this Policy;
2. educating students in each unit about the importance of academic integrity, how to maintain academic integrity in the unit, and the consequences of breaches of academic integrity;
3. reducing opportunities for breaches of academic integrity through assessment design;
4. being familiar with, and using, UNE-provided identification tools for breaches of academic integrity; and
5. detecting and reporting potential breaches of academic integrity in accordance with Part B of this Policy.

Part B - Breaches of academic integrity

General

(8) Breaches of academic integrity involve conduct where a student participates in any actions that give themselves or another student an unfair advantage in an assessment task or improperly disadvantages someone else.

(9) Breaches of academic integrity additionally include, but are not limited to, the following:

1. using another person’s work with out appropriate acknowledgment.  This includes copying or paraphrasing material from any source without adequate or appropriate referencing;
2. presenting under the student’s own name, work substantially written by someone else. This includes contract cheating - paying for another person, internet site, computer program, artificial intelligence tool, or other tool to complete work, or using work freely obtained from another person, internet site, computer program, artificial intelligence tool or other tool;
3. colluding with others (including activities such as file-sharing) to give themselves or other students an unfair advantage in an assessment task;
4. reusing or recycling an assessment task, in whole or in part, previously submitted by the student in a unit at UNE or any other institution, without the prior permission of the Unit Coordinator;
5. undertaking an assessment task or part of an assessment task on behalf of another student;
6. falsifying or fabricating data, information or documents;
7. possessing or using unauthorised material in a supervised assessment task;
8. engaging in unauthorised communication with any person during a supervised assessment task;
9. failing to comply with reasonable instructions from a supervisor in a supervised assessment task;
10. attempting to bribe or coerce a UNE Representative or student in order to gain an academic advantage; and
11. failing to comply with the rules, policies or code of ethics of UNE or the relevant professional and statutory bodies or instructions from supervisors while completing assessment tasks on, or participating in, in work integrated learning placements.

Part C - Investigations of breaches of academic integrity

General Provisions

(10) The following provisions apply to investigations of breaches of academic integrity:

1. UNE is committed to investigations of breaches of academic integrity being conducted in a timely manner and with respect, fairness, sensitivity and confidentiality;
2. investigations and appeals will be conducted as an internal process and are not criminal or civil law matters. The standard of proof is the balance of probability and not proof beyond reasonable doubt;
3. actions under this Policy may proceed, unless prevented by court order or statute, irrespective of any external investigation or action involving the student in any court, commission or tribunal;
4. where a potential breach of academic integrity involves more than one student, the steps required by this Policy must be undertaken separately in relation to each student involved;
5. all notices sent to a student shall be sent to the student's University email address and shall be deemed to have been received by the student;
6. UNE Representatives are entitled to be accompanied by an independent University Representative (who cannot speak on behalf of the UNE Representative) at any relevant interviews or examinations with a student;
7. no records of investigations or found breaches of academic integrity will be included on a student’s academic record other than the penalties of grade of WUN (Withdrawn by the University and Deemed To Have Failed), exclusion, expulsion or revocation of award. A penalty of exclusion, expulsion or revocation of award will note that the penalty is a result of a breach of academic integrity.

Investigating Officers

(11) A Head of School (or nominee) is authorised to act as the Investigating Officer for the investigation of breaches of academic integrity. If the Head of School appoints a nominee, the nominee must be an academic staff member at Level B or above or a professional staff member at HEO8 or above.

Detection and reporting of potential breaches

(12) A report of a potential breach of academic integrity can be made by any person, including Unit Coordinators, other teaching staff, UNE Representatives, students and people external to UNE. Anonymous reports may or may not be accepted.

(13) Where a potential breach of academic integrity is identified before an assessment task is marked and returned to the student, the marking process must cease and no marks or feedback provided to the student until the conclusion of the investigation.

(14) Reports must be made in writing (and submitted in line with each School’s process) and include details of the potential breach and any supporting evidence. The report must be made as soon as possible after the potential breach occurred or was identified. The report will be provided to the Investigating Officer for investigation.

Investigation and determination of potential breaches

(15) The Investigating Officer will review all of the evidence provided and determine whether the case should proceed to investigation or that no further investigation or action is warranted. If the case does not proceed, the Investigating Officer must notify the reporter in writing of the reasons for their decision.

(16) If the Investigating Officer decides to proceed with an investigation, the investigation should be commenced within ten working days of the receipt of the report.

(17) The Investigating Officer must provide the student with written notice of the investigation, including:

1. the details of the potential breach and copies of all relevant evidence;
2. the relevant clauses of this Policy that may have been breached and a link to this Policy;
3. the name of the Investigating Officer;
4. the opportunity to attend an interview or provide a written submission to respond to the potential breach;
5. the timeframe for an interview to be held or a written submission to be provided (a minimum of ten working days from provision of the notice of the investigation);
6. where relevant, details of any written or viva voce examination to assist in the process of determining authorship of an assessment task;
7. the right to bring a Support Person to an interview or examination; and
8. information about student support services, including any relevant Advocacy services.

(18) Any interview or examination must be conducted under the following provisions:

1. attendees should be limited to the Investigating Officer, the Unit Coordinator or another member of the relevant discipline appointed by the Head of School (or nominee), the student, and an optional support person for the student and/or UNE Representative who cannot speak on behalf of the student and/or UNE Representative;
2. the location (whether in person or virtually) must be quiet, non-threatening and discreet;
3. the Investigating Officer must explain the process to be followed and if an interview, conduct the interview through a question and answer format;
4. written notes or a recording of the interview or examination must be kept and a copy provided to the student as soon as possible after the completion of the interview or examination.

(19) A student can apply to the Investigating Officer for an extension (with supporting documentation) to respond to the potential breach. Any extension is at the discretion of the Investigating Officer whose decision is final.

(20) A student who does not attend an interview or examination or provide a written submission without reasonable explanation by the deadline given in the written notice will be deemed not to have defended the potential breach and to have accepted that the case will be determined in the absence of a defense. A late response, without an approved extension, will be considered as an appeal.

(21) The Investigating Officer must consider all the evidence gathered, including any student response, and determine if a breach of academic integrity has occurred. The Investigating Officer must, within ten working days of the student’s response or the due date for a response, inform the student in writing of:

1. the decision and reasons for the decision;
2. the penalty (if a breach has occurred); and
3. the appeal process.

(22) Where this timeframe cannot be met, the Investigating Officer should inform the student of the delay, the reasons for the delay and an expected timeframe for provision of the written determination.

(23) The Investigating Officer will also inform the reporter in writing of the decision and reasons for their decision. The relevant School is responsible for any implementation activities.

Penalties

(24) UNE recognises that some breaches of academic integrity may involve mistakes or inexperienced writing, studying or referencing skills, whereas other breaches are more serious. Consequently, UNE has two categories of breaches of academic integrity for determining penalties:

1. Poor Academic Practice; and
2. Academic Misconduct.

(25) A penalty must be proportionate to the type and circumstances of the breach of academic integrity. In deciding penalties, the following must be considered:

1. history (i.e. any previous findings or reports of breaches) and academic experience of the student;
2. nature, extent, impact and intentionality of the breach; and
3. any student response to, or explanation for, the breach.

(26) If a breach of academic integrity is determined, the Investigating Officer may apply one or more of the following penalties (in order of severity):

1. educational activities;
2. re-take the Academic Integrity Module within 20 working days;
3. resubmission of the assessment task, part of the task, or a comparable task, which may be subjected to a reduction in mark of a maximum of 50% of the mark that the assessed task would otherwise have received. A failure to resubmit the assessment within the set timeframe will result in a mark of zero for the task;
4. reduction in assessment mark;
5. reduction in unit mark or grade; and
6. award of a grade of WUN (Withdrawn by the University and Deemed to have Failed).

(27) In the event of a serious or repeated breaches of academic integrity, the Investigating Officer may recommend to the Executive Principal Education Futures in writing (with supporting evidence) that they consider applying one of the following penalties:

1. exclusion from UNE or enrolment in a particular course permanently or for a period of time;
2. expulsion from UNE; or
3. revocation of Award (for UNE graduates who have been found to have breached academic integrity after conferral of award)

(28) A penalty of expulsion requires the ratification of the VC&CEO (or nominee) and the penalty of revocation requires the ratification of the VC&CEO and approval of Council (on recommendation of the VC&CEO).

(29)  Decision-makers must determine penalties on a case-by-case basis. Further guidance to assist decision-makers in the determination of the nature of a breach and penalties is provided in the Breaches of Academic Integrity – Guidance for Decision-Makers. At their discretion, the Investigation Officer may consult with the Unit Coordinator in determining the penalty.

(30) In all cases of a breach of academic integrity, any submitted assessment content found to be a breach of academic integrity should not be considered in the marking of the assessment task.

Penalties of exclusion, expulsion or revocation of award

(31) Following receipt of a recommendation from an Investigating Officer under clause 27, the Executive Principal Education Futures must commence their consideration of the recommendation within ten working days. At their discretion, the Executive Principal Education Futures may invite the student to respond to the recommendation in writing within a set timeframe (minimum of ten working days).

(32) The Executive Principal Education Futures must consider all the evidence provided, including any student response, and determine whether:

1. the recommended penalty is applied;
2. the recommended penalty is amended; or
3. the recommended penalty is not applied.

(33) Where a student’s response is invited and/or a penalty applied (either as recommended or amended), the Executive Principal must, as soon as practicable, inform the student in writing of:

1. the decision and reasons for the decision;
2. the penalty (if applied);
3. the appeal process; and
4. If a student visa holder and the decision is to exclude or expel the student, UNE’s intention to notify the Commonwealth Government of the decision (subject to any appeal).

(34) The Executive Principal Education Futures will inform the Investigating Officer in writing of the decision and reasons for their decision. The Executive Principal Education Futures will organise any implementation activities.

(35) The following provisions apply to a penalty of exclusion or expulsion:.

1. where a student is excluded or expelled, UNE will maintain the student’s enrolment until the timeframe for lodging an appeal is exhausted or an appeal process is concluded;
2. a student who is excluded or expelled from UNE before a census date will have their enrolment in any units in that teaching period cancelled. A student who is excluded or expelled from UNE after a census date will have a WUN grade recorded for any units in that teaching period;
3. a student who is excluded or expelled from UNE after a census date will not be entitled to remission of HECS-HELP, FEE-HELP, OS-HELP or refund of any fees including any residential college fees that remain outstanding under a payment plan. All unpaid fines or other debts shall be managed under the relevant University policies including encumbrances and/or referral to debt collection agencies;
4. a student who is excluded or expelled from UNE will have all positions they may occupy on UNE and/or residential college committees or boards cancelled;
5. a student who is excluded from UNE may apply for readmission to the course at the end of the period of exclusion. Readmission is not automatic and is subject to the provisions of the Admissions, Credit and Enrolment Policy. Conditions may be applied on the student’s enrolment; and
6. a student who is expelled from UNE must not be re-enrolled except by permission of the VC&CEO, whose permission will not be given within the first five years.

(36) The penalty of expulsion and revocation of award must be ratified by the VC&CEO or nominee. The following process applies:

1. the Executive Principal Education Futures or Committee Chair (if an appeal has been lodged and dismissed) will forward a report and all evidence to the VC&CEO for decision;
2. the VC&CEO will either ratify the penalty or refer the penalty back to the Executive Principal Education Futures or Committee for reconsideration as appropriate. If the VC&CEO ratifies a decision of expulsion, the Executive Principal Education Futures will organise implementation of the decision; and
3. if the VC&CEO ratifies a decision of revocation of award, the recommendation of the VC&CEO must be provided to Council for approval in accordance with the Recession of Award/Correction of an Award Procedure.

Appeals

(37) The following are authorised to receive and determine appeals:

1. The Executive Principal Education Futures (or nominee) for penalties applied under clause 26. At the discretion of the Executive Principal Education Futures, these cases may be referred to the Student Conduct Appeals Committee for determination, otherwise the decision of the Executive Principal Education Futures is final and there is no further avenue of appeal within UNE.
2. The Student Conduct Appeals Committee (Committee) for penalties applied under clause 27. The decision of the Committee is final (excepting the VC&CEO’s ratification of Expulsion and Revocation of Award) and there is no further avenue of appeal within UNE.

(38) Any UNE Representative involved in the determination of an appeal must not have been involved in the initial investigation or determination of the case.

(39) An appeal must:

1. be submitted to the Executive Principal Education Futures or Committee Chair (as detailed in the original determination) in writing within ten working days of the notification of the determination and penalty (or within twenty working days of the notification if the appeal relates to exclusion, expulsion or revocation); and
2. present a case with evidence that demonstrates:
   1. how the original investigation did not conform to this Policy; and/or
   2. that the evidence does not support the Investigating Officer’s determination of a breach; and/or
   3. that the penalty applied is disproportionate or not in accordance with this Policy.

(40) The University will acknowledge receipt of an appeal within three working days.

(41) A student can apply to the Executive Principal Education Futures or Committee Chair for an extension (with supporting documentation) to appeal. Any extension is at the discretion of the Executive Principal Education Futures or Committee Chair whose decision is final. Late appeals may be accepted at the discretion of the Executive Principal Education Futures or Committee Chair and must be supported with an explanation why the appeal could not be submitted within the deadline.

(42) Following receipt of an appeal, the Executive Principal Education Futures or Committee Chair may determine that the appeal does not warrant further consideration because it is frivolous, vexatious or makes no attempt to meet the grounds of clause 39b. The appellant must be informed in writing of the reasons for this decision.

(43) If the appeal warrants further consideration, the available evidence in the original investigation and evidence provided in the appeal will be considered to determine:

1. whether the original investigation conformed with this Policy;
2. whether the evidence supports the Investigating Officer’s determination of a breach; and/or
3. whether the penalty applied is proportionate and in accordance with this Policy.

(44) New evidence will only be accepted in the appeals process where it can be demonstrated that it was not available during the original investigation. Consideration of any new evidence is at the discretion of the Executive Principal Education Futures or Committee Chair.

(45) The Executive Principal Education Futures or Committee Chair may at their discretion invite a student to attend an interview or provide additional written submission regarding their appeal. If this is offered, the student must be notified in writing of:

1. the timeframe for an interview to be held or a written submission to be provided;
2. the right to bring a Support Person to an interview; and
3. information about student support services, including any relevant Advocacy services.

(46) The Executive Principal Education Futures or Committee must commence their consideration of the appeal within ten working day of receipt of the appeal (or if relevant, the student’s response or the due date for a response) and provide a determination in writing to the student as soon as practicable.

(47) The Executive Principal Education Futures or Committee will consider all the evidence gathered and make a decision on the appeal. They may decide that:

1. the determination and penalty remain;
2. the determination remains, but with an amended penalty;
3. the case is referred back to the Investigating Officer (or Executive Principal Education Futures) for reconsideration. The original decision maker must make a new determination which may be appealed in accordance with this Policy; or
4. the determination and penalty are dismissed;

(48) The Executive Principal Education Futures or Committee Chair will inform the student in writing of:

1. the decision and reasons for the decision;
2. the penalty (if remaining the same or amended);
3. the right to lodge an administrative review application with the NSW Ombudsman; and
4. If a student visa holder and the decision is to exclude or expel the student, UNE’s intention to notify the Commonwealth Government of the decision.

(49) The Executive Principal Education Futures or Committee Chair will inform the relevant decision-maker of the decision and reasons for their decision. The School or relevant business area is responsible for any implementation activities.

Student Visa Holders

(50) If a student is excluded or expelled and they are a student visa holder (in accordance with ESOS), UNE will maintain their enrolment until the external administrative review process through the NSW Ombudsman is exhausted.

(51)  A student visa holder in this category wishing to seek an external review must apply to the NSW Ombudsman within twenty working days of receiving the notification from UNE of the outcome of the appeal and provide to UNE evidence of the external review application. If the student visa holder does not notify UNE of the application within the twenty working days, UNE will apply the exclusion or expulsion and notify the Commonwealth Government of the exclusion or expulsion. Should the student provide notification, UNE will await the findings of the NSW Ombudsman before applying the penalty. If the finding of the external review supports UNE’s decision, UNE will apply the penalty and notify the Commonwealth Government of the exclusion or expulsion.

(52) A student visa holder may only access and receive the outcome of one external review process before UNE will action the case.

Part D - Student Conduct Appeals Committee

Membership

(53) The Student Conduct Appeals Committee is appointed for two years by the Vice-Chancellor and Chief Executive Officer (or nominee) and comprises:

1. Deputy Vice-Chancellor or nominee (Committee Chair);
2. a professional staff member (HEO7 or higher);
3. three members of the full-time Academic staff (Level C or higher) each from a different School, at least one of whom is a Head of School;
4. a member of the local community (who shall not be a current or former University Representative); and
5. Director UNE Residential System or a Head of College.

(54) The Director Governance and University Secretary (or nominee) will provide secretarial support.

(55) At least one member of the Committee must have legal qualifications.

(56) In the event that a member of the Student Conduct Appeals Committee has been involved in the initial investigation or determination of the case, the member must not be involved in the appeal and the Committee Chair will co-opt one of the alternate members for the appeal.

Quorum

(57) The quorum for a Student Conduct Appeals Committee shall be four members (or their alternates).

Constitution

(58) The Committee may be constituted with an even number of members, in which case the Chair will have the determinative and casting vote.

Alternates

(59) There shall be two alternates for each member of the Student Conduct Appeals Committee.

Section 2 - Authority and Compliance

Authority

(60) The Vice-Chancellor and Chief Executive Officer, pursuant to Section 29 of the University of New England Act 1993 (NSW), makes this University policy.

(61) The Executive Principal Education Futures (EP Ed Futures) is authorised to make procedures and processes for the effective implementation and operation of this policy, and to publish as associated documents any tool that will assist with compliance.

(62) The Policy Administrator for this policy is the Director Governance and University Secretary who is authorised to make minor administrative updates to this policy.

Compliance

(63) Students and UNE Representatives must observe this policy.

(64) All decisions, supporting evidence, correspondence with students and records of interviews and examinations regarding the investigation and determination of cases of breaches of academic integrity must be stored in the approve UNE Records Management System in accordance with the Records Management Rule.

(65) This policy operates as and from the Effective Date.

(66) Previous policies on academic integrity and/or misconduct are replaced and have no further operation from the Effective Date of this policy.

(67) Notwithstanding other provisions of this policy, the VC&CEO may approve an exception to this policy where the VC&CEO determines the application of this policy would otherwise lead to an unfair, unreasonable or absurd outcome. Approvals by the VC&CEO under this clause must:

1. be documented in writing;
2. state the reason for the exception; and
3. be registered in the approved UNE electronic Records Management System in accordance with the Records Management Rule.

Section 3 - Quality Assurance

(68) The implementation of this policy will be supported through:

1. the Executive Principal Education Futures regularly monitoring and providing an annual report to the Teaching and Learning Committee and Academic Board on the operation of, and compliance with, this policy.

Section 4 -  Definitions

(69) Support Person: means a person who may provide a student with support or advice on a breach of academic integrity case. A Support Person must not be a member of the legal profession, does not speak on behalf of the student and is not an advocate.