THE AUSTRALIAN NATIONAL UNIVERSITy

Academic Integrity Rule 2021

 

I, Professor Brian P. Schmidt, Vice-Chancellor, make the following rule.

Dated 15 July 2021

 

Professor Brian P. Schmidt AC FAA FRS

Vice-Chancellor

 

 

Contents

Part 1— Preliminary

1 Name

2 Commencement

3 Authority

4 Application of instrument

5 Object of instrument

6 Definitions

Part 2— Academic integrity

Division 2.1— The academic integrity principle

7 What is the academic integrity principle?

8 Application of the academic integrity principle

9 Background to the academic integrity principle

10 Orders about the academic integrity principle etc.

Division 2.2— Particular kinds of breaches of academic integrity principle

11 Kinds of breaches of academic integrity principle

12 What is academic misconduct?

13 What is poor academic practice?

Part 3— Reporting breaches and interim action

Division 3.1— Reporting breaches of academic integrity principle

14 Reports of breaches

15 Action for breach without report

Division 3.2— Interim action for breaches of academic integrity principle

16 Interim action by Vice-Chancellor

17 Interim action: procedure and review

Part 4— Academic integrity reviews

Division 4.1— Preliminary

18 Application of Part 4

Division 4.2— Initial decision whether to conduct review

19 Decision whether to conduct review

20 Making decision whether to conduct review

21 Effect of decision whether to conduct review

Division 4.3— Review process

22 Application of Division 4.3

23 Initial notice of review

24 Review process: purpose of review

25 Review process: ending of review and referral to Registrar

26 Review process: meeting between course convener and student

27 Review process: conduct of review generally

28 Review process: matters for consideration

Division 4.4— Finding and action at completion of review

29 Finding by course convener at completion of review

30 Action by course convener after finding of poor academic practice

31 Notice at completion of review

Part 5— Academic integrity inquiries

Division 5.1— Preliminary

32 Application of Part 5

Division 5.2— Referral to inquiry officer

33 Referral of conduct to inquiry officer

34 Changes in inquiry officer

35 Notice of referral to inquiry officer

Division 5.3— Inquiry panels

36 Application of Division 5.3

37 Inquiry panel for initial decision whether to take action

38 Inquiry panel to conduct inquiry

Division 5.4— Initial decision whether to take action

39 Decision whether to take action under this instrument

40 Making decision whether to take action

41 Effect of decision whether to take action

Division 5.5— Inquiry process

42 Application of Division 5.5

43 Notice of inquiry process

44 Inquiry process: purpose of inquiry

45 Inquiry process: inquiry hearing

46 Inquiry process: remote participation by student etc.

47 Inquiry process: changes in inquiry officer

48 Inquiry process: conduct of inquiry generally

49 Inquiry process: matters for consideration

Division 5.6— Findings and action at completion of inquiry

50 Findings by inquiry officer at completion of inquiry

51 Action by inquiry officer after finding of poor academic practice

52 Action by inquiry officer after finding of academic misconduct

53 Notice at completion of inquiry

Part 6— Consequences of action taken for academic integrity breaches

54 Denial of access

55 Exclusion from assessment

56 Undertakings and requirements: finding of poor academic practice

57 Requirements, conditions and undertakings: finding of academic misconduct

58 Suspension of student

59 Immediate suspension of student: procedure and review

60 Liability to pay monetary penalty or compensation

61 Exclusion from University

Part 7— Review and call in of decisions

Division 7.1— Review of decisions under Appeals Rule

62 Meaning of reviewable decision

63 Review of reviewable decisions under Appeals Rule

Division 7.2— Review of certain other decisions by Dean

64 Decisions to which Division 7.2 applies

65 Application for review by Dean

66 Review by Dean

67 Application for procedural review by Deputy Vice-Chancellor

68 Procedural review by Deputy Vice-Chancellor

Division 7.3— Call in of decisions

69 Vice-Chancellor may call in certain decisions

Part 8— Miscellaneous

70 Joint, double or dual programs with other institutions etc.

71 Extension of time

72 Processes under other University legislation

Part 9— Repeal and transitional provisions

Division 9.1— Repeal

73 Repeal

Division 9.2— Transitional provisions

74 General application and savings: conduct in relation to courses

75 General application and savings: conduct otherwise than in relation to courses

76 Transitional orders

77 Application of Legislation Statute, section 26

78 Transitional provisions additional

Part 1—Preliminary

academic integrity inquiry, or inquiry, in relation to conduct engaged in (or that may have been engaged in) by a student, means an inquiry into the conduct under Part 5 (Academic integrity inquiries).

academic integrity principle: see section 7 (What is the academic integrity principle?).

academic integrity review, or review, in relation to conduct engaged in (or that may have been engaged in) by a student, means a review of the conduct under Part 4 (Academic integrity reviews).

course means a subject of scholarly study, whether it is taught:

course convener, for a course, means a person who is appointed as course convener for the course.

coursework means the courses, and other written or oral work (if any), undertaken by a student for a program for a coursework award, but does not include any thesis component of the program of at least 24 units duration.

coursework award has the meaning given by the Coursework Awards Rule, section 7 (Coursework awards).

Dean, in relation to a student and:

engage in conduct means:

inquiry: see the definition of academic integrity inquiry.

inquiry officer, in relation to an inquiry into conduct engaged in (or that may have been engaged in) by a student: see section 33(3) to (5) (Referral of conduct to inquiry officer).

poor academic practice: see section 13 (What is poor academic practice?).

property includes any form of real or personal property.

Example of property

Intellectual property, including intellectual property in any data or information.

research award has the meaning given by the Research Awards Rule, section 6 (Research awards).

review: see the definition of academic integrity review.

reviewable decision: see section 62 (Meaning of reviewable decision).

student means a person who is or was enrolled in a program or course offered by the University, or who is or was given permission by the University to audit a program or course offered by the University.

supervisor, of a student, means a person who is:

University premises means land or premises owned or occupied by the University, and includes, for example, any of the following:

 

[Note: For definitions applying to University legislation generally, see the dictionary in the Legislation Statute. That dictionary defines terms relevant to this instrument, including the following:

Part 2—Academic integrity

[Note: Conduct in relation to any thesis component of a program for a coursework award of at least 24 units duration also cannot be poor academic practice (see section 6 (Definitions), definition of coursework).]

Part 3—Reporting breaches and interim action

[Note See section 32 (Application of Part 5 (Academic integrity inquiries)).]

[Note: See also section 17 (Interim action: procedure and review).]

[Note 1: For certain conduct in relation to information infrastructure or services, action may be taken under the Information Infrastructure and Services Rule.]

[Note 2: For the effect of a denial of access or exclusion from an assessment, see sections 54 (Denial of access) and 55 (Exclusion from assessment).]

Part 4—Academic integrity reviews

[Note See section 32 (Application of Part 5 (Academic integrity inquiries)).]

[Note: For the service (however described) of notices and other documents, see the Legislation Statute, section 24.]

[Note: See section 24 (Review process: purpose of review).]

[Note See section 32 (Application of Part 5 (Academic integrity inquiries)).]

[Note: The notice given to the student under section 23 (Initial notice of review) must, among other things, tell the student that the student is encouraged to meet with the course convener to discuss the student’s conduct.]

Example for subsection (2)

The course convener may consider:

[Note: If the course convener considers that the student’s conduct appears to be academic misconduct, the course convener must end the review and refer the conduct to the Registrar for an inquiry (see section 25 (Review process: ending of review and referral to Registrar)).]

[Note: For action under paragraph (d), (e) and (f), see section 56 (Undertakings and requirements: finding of poor academic practice).]

[Note: For the service (however described) of notices and other documents, see the Legislation Statute, section 24.]

Part 5—Academic integrity inquiries

Referral to Vice-Chancellor or member of staff for inquiry

Reference to Vice-Chancellor includes reference to delegate etc.

[Note: The Vice-Chancellor may, under the Governance Statute, section 66 (Delegation and subdelegation of Vice-Chancellor’s functions), delegate (or authorise the subdelegation of) any or all of the Vice-Chancellor’s functions under this Part (including as inquiry officer). A function exercised by the delegate (or subdelegate) is taken to have been exercised by the Vice-Chancellor (see Acts Interpretation Act, section 34AB(1)(c)).]

Meaning of references to inquiry officer: general

Referral to Vice-Chancellor: effect of subsequent delegation etc.

Meaning of references to inquiry officer: referral to delegate etc. of Vice-Chancellor

Meaning of references to member of staff

Where Vice-Chancellor is inquiry officer

Where member of staff is inquiry officer

[Note: For the service (however described) of notices and other documents, see the Legislation Statute, section 24.]

[Note: For the inquiries for which the Vice-Chancellor is the inquiry officer, see section 33(5) (Referral of conduct to inquiry officer).]

[Note: See subsection (6) for the meaning of ‘excepted reference’.]

[Note: See subsection (8).]

Example for paragraph (b)

A criminal investigation or prosecution, or another legal proceeding, has begun in relation to the conduct.

[Note: For the service (however described) of notices and other documents, see the Legislation Statute, section 24.]

[Note: See section 44 (Inquiry process: purpose of inquiry).]

[Note: If the inquiry is conducted by a panel, a reference in paragraphs (b) to (i) to the inquiry officer is a reference to the Chair of the panel (see section 38(5)(c) (Inquiry panel to conduct inquiry)).]

[Note: If the inquiry is conducted by a panel, the reference in paragraph (c)(ii) to the inquiry officer is a reference to the Chair of the panel (see section 38(5)(c) (Inquiry panel to conduct inquiry)).]

[Note: If the student participates in the inquiry under a permission or requirement under section 46(2), the student is taken to have appeared in person at the inquiry (see section 46(5)).]

inquiry includes any part of the inquiry.

relevant person means:

[Note: If the inquiry is conducted by a panel, a reference in this section to the inquiry officer is a reference to the Chair of the panel (see section 38(5)(c) (Inquiry panel to conduct inquiry)).]

Examples of methods of communication for remote participation

1 teleconference

2 videoconference

Example for subsection (2)

The inquiry officer may consider:

[Note: For action under paragraph (d), (e) and (f), see section 56 (Undertakings and requirements: finding of poor academic practice).]

[Note: For requirements under this subsection, conditions under paragraph (i) or undertakings under paragraph (m), see section 57 (Requirements, conditions and undertakings: finding of academic misconduct).]

[Note: For the effect of a denial of access, see section 54 (Denial of access).]

[Note: See section 58 (Suspension of student).]

[Note: For the effect of a denial of access, see section 54.]

[Note: See section 60 (Liability to pay monetary penalty or compensation).]

[Note: See section 60 (Liability to pay monetary penalty or compensation).]

[Note: For the service (however described) of notices and other documents, see the Legislation Statute, section 24.]

Part 6—Consequences of action taken for academic integrity breaches

Example

If the student does not comply with a requirement imposed in relation to an assessment, the student may not be eligible to be assessed for coursework undertaken by the student to which the assessment relates (see Assessment Rule, section 6 (Eligibility to be assessed)).

Example

If the student does not comply with a requirement imposed in relation to an assessment, the student may not be eligible to be assessed for coursework undertaken by the student to which the assessment relates (see Assessment Rule, section 6 (Eligibility to be assessed)).

[Note: See section 59 (Immediate suspension of student: procedure and review).]

Part 7—Review and call in of decisions

[Note: The decisions specified in this subsection are academic integrity decisions and reviewable decisions under the Appeals Rule (see Appeals Rule, sections 7 and 5).]

[Note: The Vice-Chancellor may not call in a reviewable decision if an application has been made under the Appeals Rule for review of the decision (see section 69(3)).]

[Note: The Appeals Rule provides that a student may, in accordance with that rule (including required time limits), apply for review of a reviewable decision affecting the student in the student’s capacity as a student (see Appeals Rule, section 9).]

[Note: See section 62 (Meaning of reviewable decision).]

Part 8—Miscellaneous

relevant University official means:

[Note: For an inquiry conducted by a panel, a reference in paragraph (c) to the inquiry officer conducting the inquiry is a reference to the Chair of the panel conducting the inquiry (see section 38(5)(e) (Inquiry panel to conduct inquiry)).]

[Note: The time limit may be extended even though the relevant time has ended (see Legislation Statute, section 22 (Power to extend time)).]

Part 9—Repeal and transitional provisions