Being referred to the Student Discipline Committee

How will I know if I have been referred?

If you are the subject of a discipline complaint you will be formally contacted in writing by the Academic Integrity Advisor. The letter will contain information about the type of complaint and the date and time of the meeting and ask for confirmation of attendance. It will be sent by email to your address in the University’s records (keep this address up-to-date via MyWaikato). Attached to the letter will be information about the process and about the complaint.

Why would I be referred to the Student Discipline Committee?

You would be referred to the Student Discipline Committee if someone considers that you have behaved in a way that breaches one or more of the University's Regulations and they have made a formal written complaint about it to the Student Discipline Committee.

At the time of enrolment you (and all students) are required to sign a Student Declaration agreeing to abide by the regulations of the University of Waikato, as published in the Calendar.

The paper outline for each of your papers also contains information about the regulations relevant to your programme of study and it is your responsibility to be aware of these regulations. Anyone can make a complaint about a student's behaviour but only enrolled students are subject to disciplinary procedures.

A finding of misconduct against a student can have serious and long-term consequences, so it is important that if a complaint is made against you, you take it seriously and respond appropriately. See Decision and Outcomes for more information.

What hearing options do I have?

Summary Jurisdiction
This hearing is conducted by one person who makes the decision if there is misconduct and decides what the penalties will be. This is usually the Chairperson of the Student Discipline Committee or Deputy (see sections 14 and 22 of the Student Discipline Regulations), but may be an Academic who has delegated authority (see sections 15 and 22 of the Student Discipline Regulations) to hold summary jurisdiction hearings. This hearing is offered to students with no previous findings of misconduct.
Student Discipline Committee
This hearing is held by the Student Discipline Committee which consists of five people (the chairperson, two staff members and two student members) appointed by the University (see section 24 of the Student Discipline Regulations). This process is used if you have already had a finding of misconduct, the complaint is of a serious or unusual nature, or the assessment item is 100% of the grade, such as a dissertation or thesis.
Tikanga process
This process seeks a resolution to the complaint in a Tikanga (Māori custom) way and it is facilitated by the Deputy Vice-Chancellor Māori assisted by a tikanga panel who have been appointed by DVC Māori (see section 23 of the Student Discipline Regulations). This process is only available when the complainant, the student, the DVC Māori and the Chairperson of the Student Discipline Committee all agree to it.

What can I expect to happen at the hearing?

The hearing is a formal enquiry into the complaint. At the meeting, you will be asked to respond to the complaint. If you want, you can provide supporting information and this might include drafts of an assessment item, emails, study notes, medical certificates, police reports, and/or whatever is relevant to show what happened. Very occasionally the complainant may attend to answer any additional questions the authority may have.

When you have finished presenting your response and all questions have been answered, the authority will end. The authority will then make a decision about whether misconduct was committed and, if so, any penalties or outcomes to be imposed. Discipline hearings usually take between 10-30 minutes but can be longer if necessary.

Natural justice underlies all discipline processes and you have the right to see all evidence considered in relation to the complaint against you and to have that evidence considered by an impartial and unbiased authority.

You are welcome to ask for advice from a WSU support officer, Māori Mentors, a University staff member or a University International Student Advisor prior to the meeting.

May I bring someone to the hearing?

You can bring another person to the hearing; a support person or an adviser. More than one person may be allowed to attend with the Chairperson’s permission.

Support Person: Family member, friend, or classmate.

Advisor: Waikato Student Union (WSU) support officer or any member of your community you choose. For further information about the WSU student advocacy service visit the WSU website.

The Student Discipline Committee can provide an interpreter for Mandarin and Cantonese speakers. If you need one, please email the Academic Integrity Advisor with enough time to arrange this. Speakers of other languages may bring someone to help them with translation if they wish.

What can I expect to happen after a hearing?

After the hearing has concluded, the authority will make a decision. That decision will be based on the information from the complainant, your submissions at the hearing and any further information that may be sought by the authority after the hearing.

How will I find out about the decision and what sort of outcomes can I expect?

If the decision is that misconduct has not been committed, then no further action will be taken and you and the complainant will be advised of this in writing.

If the decision is that misconduct has been committed, the authority making the decision will decide on the outcomes or penalties as outlined in sections 7, 9, 10, 11, 12, 19, 20, 22(6), 23(7), or 24(6) of the Student Discipline Regulations. The decision will be advised to you in writing. You and the complainant will receive a copy of the decision letter by email. If other parties will be involved in the application of any penalties, such as in monitoring your future work or implementing the alteration of your grades, then they will also be advised of the decision.

Penalties and Outcomes

If the misconduct involves an assessment item, penalties applied may affect the marks given. The assessment item may receive a reduction in marks, no marks at all, or, for serious cases, the paper may receive a No Credit grade which goes on your academic record.

Other outcomes may include a fine, the requirement for an apology, the monitoring of future assessment items by staff, or referral to student support services.

If the situation is more serious, there is the option to exclude a student from the University grounds, or to suspend a student from studies. These can either be for a period of time or permanently.

As well as any penalties that the University might apply, a finding of misconduct can have other serious consequences. For example:

if you are in receipt of a scholarship, you may risk losing it (and having to repay it)
if you are an international student on a student visa and are suspended or excluded from the University, you may lose your eligibility to remain in New Zealand
if, in the future, you seek professional accreditation that involves the assessment of ‘good character’, such as in law or social work, you may be required to disclose whether you have been the subject of a complaint of misconduct, regardless of the outcome.

What if I disagree with the decision?

If you believe that a decision made under the Student Discipline Regulations is unfair, you may appeal the decision. An appeal must be received by the appeal authority not more than 14 days after the date on which the relevant decision was formally notified to you, must be made in writing, and must be based on one or more of the following grounds:

that the process used for addressing the alleged misconduct was unfair
that the decision reached was manifestly at odds with the evidence
that the remedy imposed was manifestly at odds with the misconduct
that significant new evidence has become available that could not have been reasonably obtained and presented during the initial process and that could have a material effect on the decision made.

(section 25(4), 26(4), 27(4) of the Student Discipline Regulations)

Note: A decision made by the Deputy Vice-Chancellor Māori under Tikanga Māori provisions (section 23 of the Student Discipline Regulations) is final and cannot be appealed.

Who can I appeal to?

Appeal to the Chairperson of the Student Discipline Committee
If the complaint was heard by a Pro Vice-Chancellor of Health, Engineering, Computing and Science, the University Librarian, the Director of Student Services, or an Academic Delegate, you can appeal the decision to the Chairperson of the Student Discipline Committee.

The letter of appeal, along with the receipt showing payment of the appeal fee, may be submitted at the reception desk in the Student Centre, or sent to:

The Secretary to the Student Discipline Committee
Academic Office
University of Waikato
Private Bag 3105
Hamilton 3240

academic.integrity@waikato.ac.nz

Fee: $50.00, paid to the Student Centre
Note: An appeal must be received by the appeal authority not more than 14 days after the date on which the relevant decision was formally notified.
Appeal to the Student Discipline Appeals Committee, a committee of Council
If the complaint was heard by the Student Discipline Committee, the Chairperson of the Student Discipline Committee (under summary jurisdiction), or the Vice-Chancellor, you can appeal the decision to the Student Discipline Appeals Committee, a committee of the University Council. The Student Discipline Appeals Committee comprises three members - two members appointed by and from Council and one other member appointed by the Council on the basis of his or her knowledge of legal processes, who is chairperson of the committee.

The letter of appeal, along with the receipt showing payment of the appeal fee, may be submitted at the reception desk in B Block, Gate 5, Hillcrest Road, Hamilton, or sent to:

The Council Secretary
University of Waikato
Private Bag 3105
Hamilton 3240

council@waikato.ac.nz

Fee: $200.00, paid to the Student Centre
Note: An appeal must be received by the appeal authority not more than 14 days after the date on which the relevant decision was formally notified.

What should I include in my appeal?

The letter of appeal should contain all of the information that you think is relevant and necessary to support your appeal, including the following information:

Your full name and student ID number
The email address you would like to be contacted by
A summary of the matter or decision being appealed
The grounds on which the appeal is being made (see section 25(4),26(4) or 27(4) of the Student Discipline Regulations) and relevant details in support of the appeal on each of the grounds.

The letter must be signed and dated.

Attach to the letter copies of any relevant evidence or documentation to support your appeal (if appropriate).

Note: The Waikato Students’ Union (WSU) provides a student advocacy service, and can assist you in the preparation of your appeal letter.

Once your appeal has been received, the appeal authority will advise you of the date, time and location of the appeal hearing. You will be invited to attend the appeal meeting in person to speak to your appeal. Subject to the agreement of the appeal authority, you may bring a support person or an adviser to the hearing if you wish. Also invited to attend will be the original complainant/s and the authority that made the decision you are appealing against.

After the hearing, the appeal authority will make a decision and you will be notified of that decision in writing.

The decision of the appeal authority is final.

The Student Discipline Regulations regarding misconduct

commit a serious breach of the obligation, shared by staff and other members of the University community, to act towards others reasonably, courteously, considerately and with good faith
behave in a manner that significantly impedes or subverts the efficient functioning of the University in accordance with its statutory role
behave in a manner that discredits, or has the potential to discredit, the University
behave in a manner that constitutes physical, psychological, sexual or racial assault, harassment, discrimination or bullying of any person
breach any regulation published in the University of Waikato Calendar
fail to comply with any reasonable and lawful policy or instruction approved and notified by the Vice-Chancellor, Council, Academic Board, or delegated authority of the Vice-Chancellor, Council or Academic Board
use University property, resources or funds for other than authorised purposes
incur liability on the part of the University without authorisation
behave in a manner that is likely to harm unfairly the reputation or professional prospects of another student or a member of staff
behave in a manner that jeopardises the health or safety of another person
knowingly mislead the University in any significant matter
encourage, assist, or procure a person to commit misconduct, or
otherwise breach the Code of Student Conduct.

(Student Discipline Regulations, section 5(a-m))