You are on page 1of 17

TABLE OF CONTENTS

Pages

ORDINANCE TO PROVIDE FOR DISCIPLINE OF STUDENTS 2-3

Part 1 – PRELIMINARY 4

P1 Explanatory Note
P2 Short Title
P3 Definitions

Part 2 – GENERAL CONDUCT 5-6


C1–17

Part 3 – HALLS OF RESIDENCE 7-8


R1 Definitions
R2 Rules Concerning Presence within a Hall
R3 Facilities Accompanying Halls
R4 Restriction on Cooking
R5 Cleanliness and Maintenance of Property
R6 Damage to be Reported
R7 Notification of Absence
R8 No Kava or Pets
R9 Peace and Privacy
R10 Ban on Noise
R11 Powers of the Competent Authority

Part 4 – STUDENTS ASSOCIATION 9-10


S1 Prohibition
S2 Procedure Governing Affiliation Application
S3 Power of USPSA to Discipline
S4 Disciplinary Action Reported to SDC
S5 Appeals
S6 Associations Punishable

Part 5 – DISCIPLINARY PROCEDURES 11-14


D1 Definitions
D2 Discipline Committee
D3 Convening a Meeting
D4 Powers of the Discipline Committee
D5 Disciplinary Powers of the Vice-Chancellor
D6 Complaints against Students
D7 Procedures of the Discipline Committee
D8 Disciplinary Powers of the Committee
D9 Appeals
D10 Summary Adjudication of Complaints

Part 6 – OFFENCES AND PENALTIES 15-16


C1–17
R2–10

1
ORDINANCE TO PROVIDE FOR DISCIPLINE OF STUDENTS
Statute 29 provides that Senate has the powers, duties and functions to:
(a) regulate the discipline of the students of the University in accordance with Ordinances to be made by the
Council after considering the views of the Senate.
(b) expel any student guilty of grave misconduct after giving him or her an opportunity to appear personally
and to be heard by a committee of the Senate to be established under the Ordinances.

Statute 32 provides:
Admission and Discipline of Students
(a) Subject to these Statutes and any Ordinances and Regulations of the University, the Vice-Chancellor may:
(i) exclude or authorise the exclusion of any person from any part of the University or premises in use by
it;
(ii) refuse to admit any person as a student of the University.
(b) The Vice-Chancellor shall report any such exclusion to the Senate at its next meeting.

1. Senate
The Senate exercises general supervision over the discipline of students of the University, and may make
regulations for the discipline of students of the University, both within and outside campus, subject to the
terms of this Ordinance and any other Ordinances made by the Council.

2. Power of Vice-Chancellor to Suspend, Exclude or Refuse Admission


1. The Vice-Chancellor may, if he or she believes upon reasonable grounds that a student has
committed a disciplinary offence within or outside the campus of the University, take one or more of
the following actions:
(a) suspend any student from any programme or course of study;
(b) suspend the student from the use of any facilities, teaching materials or services;
(c) exclude or authorise the exclusion of any student from any part of the University or premises
used by it.
2. The Vice-Chancellor must report any suspension, exclusion or refusal of admission to the Senate as
soon as practicable.

3. Delegation of Powers by Vice-Chancellor


1. The Vice-Chancellor may delegate his or her powers to suspend or exclude any student to one or
more of the Deputy Vice-Chancellors. Pro Vice-Chancellors or Deans, either generally or on such
conditions as the Vice-Chancellor may set.
2 Any Deputy Vice-Chancellor, Pro Vice-Chancellor or Dean exercising powers to suspend or exclude
a student must report the suspension or exclusion to the Vice-Chancellor and to Senate as soon as
possible.

4. Powers Exercisable by other University Officers


1. Subject to any general or specific restrictions the Vice-Chancellor may impose, the following
members of staff may suspend students for disciplinary offences as set out in this clause
2. The person responsible for the management of any student residence may suspend or exclude any
student from a student residence managed by the University if he or she believes on reasonable
grounds:
(a) that the student has committed a disciplinary offence in relation to the student residence or its
occupants; or
(b) that the continued residence of that student in that residence will be severely prejudicial to the
quiet enjoyment of the privilege of residence by other students.

2
3. The suspension will remain in force until a hearing of the Student Discipline Committee, or such
earlier time as the person responsible for the management of the student residence may stipulate.
4. The University or Campus Librarian, if he or she believes on reasonable grounds that a student has
committed a disciplinary offence in relation to the Library or persons using the Library, exclude the
student from the Library for a period not exceeding one week.
5. If the person responsible for the management of student residences or University or Campus
Librarian suspends a student, he or she must report the suspension to the Vice-Chancellor or the
person nominated by the Vice-Chancellor under this Ordinance as soon as possible.
A member of the teaching staff of the University may, if he or she believes on reasonable grounds
that a student has committed a disciplinary offence in relation to a class, exclude that student for a
period of one day from that
6. class, and report such exclusion to Dean of that Faculty as soon as possible.
7. The Dean must decide whether to refer the matter to the Vice-Chancellor or the person nominated
by the Vice-Chancellor under this Ordinance for disciplinary action, and may extend the period of
suspension where appropriate.
8. Where any suspension or exclusion has been reported to the Vice-Chancellor or the person
nominated by the Vice-Chancellor under this Ordinance, that person must make such enquiries
as he or she believes necessary and decide whether the matter is of sufficient seriousness to be
referred to a Student Discipline Committee.
9. The person to whom the suspension or exclusion has been referred must keep records of all
disciplinary matters referred to him or her, and where the matter has been referred to a Student
Discipline Committee, the outcome of that referral.

5. Discipline Committee
1. The Student Discipline Committee of each Campus must exercise disciplinary control over the
conduct of students of that campus in accordance with Regulations made by the Senate.
2. The Student Discipline Committee must report its decisions to the Senate as soon as practicable.

6. Student Discipline Appeals Committee


1. There must be a Student Discipline Appeals Committee which has authority to hear appeals from
decisions of the Student Discipline Committee. Its composition and rules of procedure are to be
prescribed by regulation by Senate.
2. The Student Discipline Appeals Committee must report its decisions to the Senate as soon as
practicable.

7. Exercise of Powers
1. The powers conferred by this Ordinance to discipline students must be exercised so far as
practicable to ensure that any student who is believed to have committed a disciplinary offence
is allowed a reasonable opportunity to make representations before a decision is made to take
disciplinary action against him or her.
2. One or more of the disciplinary powers set out in this Ordinance may be invoked against a student
at the same time and may be heard together by the Student Discipline Committee. If a penalty has
already been imposed on that student by the Student Discipline Committee, this penalty must be
taken into account if the Committee is considering imposing a further penalty on the student.

8. Disciplinary Offence
A Disciplinary Offence means a breach of any provisions of the Charter, the Statutes of the University,
Ordinances of the Council, Regulations of the Senate, any rules or regulations relating to student residences
or of the Campus, and any other conduct which is or tends to be subversive of discipline or which tends to
bring discredit to the University, its staff or its students.

Approved by the 68th meeting of the USP Council - 4 & 5 June 2009

3
REGULATION GOVERNING STUDENT CONDUCT

Part 1 – PRELIMINARY
P1. Explanatory Note
Students are bound by the laws of the country in which they reside. As students of the University they
are also required to know, and are obliged to observe, the Charter and Statutes of the University and all
relevant Ordinances and Regulations made pursuant to the Charter and Statutes.
Regulations of direct relevance to students include this Regulation Governing Student Conduct.

P2. Short Title


This regulation may be cited as the Student Conduct Regulation.

P3. Definitions
In this regulation except where the context otherwise requires:

(a) “competent authority” includes the Vice-Chancellor, Deputy Vice-Chancellors, Pro Vice-
Chancellors, Deans of Faculties, Heads of Schools/Sections, University Librarian, Directors,
Group Managers, Managers and Programme Coordinators, and shall include all bodies,
committees, and similar institutions of the University that have express or implied authority with
respect to the occupancy, use or employment of University property or facilities.
(b) “Head of a campus or centre” means the individual appointed to oversee the particular campus
or centre.
(c) “misconduct” means any conduct which is or tends to be subversive of discipline or which
tends to bring discredit on the University or its students and includes the breach of any
Statute, Ordinance or Regulation of the University.
(d) “student” means an individual enrolled with the University and includes a student under
suspension.
(e) “University” means the University of the South Pacific.
(f) “University premises” means a campus or centre or any other property, building or facility that
is owned, operated, occupied, controlled, rented or hired by the University.
(g) “Vice-Chancellor” refers to the individual also known as President.
(h) “weapon” means any object or article:
(i) having the purpose of causing death or injury to a person;
(ii) made or adapted for use to cause death or injury to a person; or
(iii) used or threatened to be used by a person to cause death or injury to another.

4
Part 2 – GENERAL CONDUCT
C1. Students shall conduct themselves in a manner which is supportive of the common good and general well-
being of the University and its community.

C2. Students shall show respect for the cultural, religious and linguistic diversity of members of the University.

C3. Students shall show respect for the gender and sexual orientation of individual members of the University.

C4. Students shall maintain and observe the reasonable peace and quiet of a campus or centre of the
University.

C5. Students while on a campus or centre of the University shall have in their possession at all times a valid
student ID card and shall produce the same to an employee of the University on demand.

C6. (1) Subject to sub-regulation (2), no student shall:


(a) bring, possess or consume alcoholic beverages on a campus or centre of the University;
(b) be in the company of another person or persons (other than a member of the USP staff) whom
he/she knows or suspects is bringing, or is in immediate possession of, or is consuming alcoholic
beverages on a campus or centre of the University;
(c) consume alcoholic beverages in the vicinity of the Laucala campus, specifically Drew Street,
Muanikau Street and the ocean areas abounding the upper, lower and Statham areas of the Laucala
campus;
(d) consume alcoholic beverages in the vicinity of any other campus or centre of the University
designated as a dry zone by the Head of a campus or centre.
Provided that this prohibition does not extend to staff quarters on Laucala campus.

(2) Students may:


(a) on Laucala campus purchase and consume alcoholic beverages at the Community Recreation Centre
during licensed opening hours;
(b) on any other campus or centre purchase and consume alcoholic beverages at such time and place as
may be authorised by the Head of the campus or centre;
(c) consume alcoholic beverages at any student organised function that has been duly authorised to sell
or serve alcoholic beverages.

C7. No student shall on University premises use, possess, or distribute drugs or other substances
prohibited by the laws of the land.

C8. No student shall on University premises use or have in their possession any firearm or other weapon.

C9. No student shall on University premises damage, misuse or interfere with property belonging to
another.
C10. No student shall tamper with or misuse safety or emergency equipment located on University premises.

C11. No student shall behave in a manner which tends to impede or disrupt the orderly conduct of normal
activity on University premises.

C12. No student shall threaten, abuse, injure or attempt to injure any member of the University community or any
visitor to the University.

5
C13. No student shall:
(a) provide false or misleading information to any University employee;
(b) forge, alter or misuse any document of the University or document originating with, or
originated by, the University;
(c) misuse any fund of the University or USPSA.

C14. Students shall cooperate with University employees in carrying out their duties for the common good of the
University.

C15. Students shall comply with rules relating to such areas as the library, computer labs, laboratories, swimming
pool, fitness centre, other sporting and recreational facilities/activities, field trips, and overseas trips as made
by the competent authority.

C16. Students shall on University premises observe conventional practices and/or policies relating to such
matters as:
(a) occupational health and safety;
(b) trespass;
(c) the privacy of individuals and families resident on campus.

C17. (1) The following prohibitions apply on University campuses and centres:
(a) no littering;
(b) no spitting (including betel nut);
(c) no urinating in a public place;
(d) no pasting notices other than on the designated notice boards;
(e) no smoking
(i) in any University building and vehicle except in designated areas, single bedrooms and student
married quarters at the Halls of Residence and University staff quarters;
(ii) within 10 metres of any University building and including all walkways;
(iii) in any other area of University premises where ‘No Smoking’ signs are posted;
(iv) on any centre and campus in the Solomon Islands;
(f) no parking other than designated areas;
(g) no speeding (25 km speed limit).

(2) A fine may be levied by a competent authority for breach of this regulation C17.

6
Part 3 – HALLS OF RESIDENCE
The regulations in this Part 3 concern the University’s Halls of Residence.

Residence in the Halls is a privileged status which entails specific rights and obligations on the resident. The rights
include accommodation suitable for study and rest. The obligations include the reasonable care of the premises
and property or equipment in the Halls, behaviour which is consonant with an atmosphere of study and peace, and
respect for the rights of other residents.

Residential status may be withdrawn at any time for reasonable cause.

R1. Definitions
In this Part 3 unless the context otherwise requires;
“Manager” means the individual appointed from time to time to manage the Halls of Residence of a campus
or centre.
“non-resident” means any individual who is not a resident.
“resident” means a student who is, at the relevant time, a resident of any of the University’s Halls of
Residence.

R2. Rules Concerning Presence within a Hall


Prohibitions
Rule 1: No male person over the age of 10 years may enter any part of a Women’s Hall and its
immediate surrounds other than a designated common room.
Hours governing a designated common room are detailed in the rules below.
Visitation rights of residents
Rule 2: Male residents may enter a Men’s Hall for the purpose of visiting a resident of the particular
Hall.
Rule 3: Male residents may enter the designated common room of a Women’s Hall for the purpose
of visiting a resident of the particular Hall between the hours of 8:00am and 11:00pm
Rule 4: Female residents may enter a Women’s Hall for the purpose of visiting a resident of the
particular Hall.
Rule 5: Female residents may enter a Men’s Hall for the purpose of visiting a resident of the
particular Hall between the hours of 8:00am and 11:00pm
Visitation rights of non-residents
Rule 6: A non-resident may enter a Men’s Hall between the hours of 8:00am and 11:00pm if invited
and accompanied by a resident of the particular Hall.
Rule 7: A non-resident female may enter a Women’s Hall between the hours of 8:00am and
11:00pm if invited and accompanied by a resident of the particular Hall.
Rule 8: A non-resident male may enter the designated common room of a Women’s Hall between
the hours of 8:00am and 11:00pm if invited and accompanied by a resident of the particular
Hall.
Special permission
Rule 9: The Manager or delegate may in any particular instance vary or waive the time restriction in
Rules 6 and 7 above.

R3. Facilities Accompanying Halls


Common rooms and other facilities (including sports courts, bures or fales) in the vicinity of a Hall and
reserved for the use of residents may not be utilised by non-residents other than at the invitation and in the
company of a resident during regulation visiting hours.

7
R4. Restriction on Cooking
Cooking is prohibited in the Halls except in the following areas:
(a) married students’ quarters;
(b) a designated area.
Students are also to comply with a Hall’s cooking policies concerning equipment, food storage,
cleanliness, cooking hours, and other matters, as advised from time to time.

R5. Cleanliness and Maintenance of Property


Residents shall maintain cleanliness in their rooms and maintain University property in good order.

R6. Damage to be Reported


Residents shall report any damage to Hall premises and/or property to the relevant authority.

R7. Notification of Absence


A resident intending to be absent overnight or longer from their Hall shall inform Halls of Residence staff of
their intended absence.

R8. No Kava or Pets


The following prohibitions apply in the Halls:
(a) No consumption of kava;
(b) No pets (animals and birds).

R9. Peace and Privacy


No student shall cause a nuisance or interfere with the reasonable peace, comfort or privacy of any
occupier of premises in the Halls.

R10. Ban on Noise


(a) No student shall disturb the peace and quiet, in, or in the vicinity of, a Hall between the hours of 12:00
midnight and 8:00am
(b) No student shall create unreasonable noise, in, or in the vicinity of, a Hall between the hours of
8:00am and 12:00 midnight.
(c) During the period commencing with Study Week and concluding with the end of the Examination
Period, no student shall disturb at any time the peace and quiet, in, or in the vicinity of, a Hall.

R11. Powers of the Competent Authority


The competent authority shall have the following powers in supervising student welfare and behaviour in
the Halls:
(a) to inspect or authorise another to inspect any room or area of a Hall or other quarters utilised for
student accommodation or recreation;
(b) to require payment of the cost of replacing or repairing property which has been damaged, destroyed
or removed;
(c) to investigate or authorise another to investigate whether any person is guilty of a breach of the
Student Conduct Regulation in any fashion concerning the Halls;
(d) if satisfied that a person has breached a regulation
(i) to reprimand or impose a regulatory fine;
(ii) to require a resident to move to another room of the Hall, or to another Hall;
(iii) to restrict a person from visiting the residential area, or a Hall, or a room of a Hall;
(iv) to recommend that a student’s privilege of residence be suspended for any period and on terms
considered appropriate by the Student Discipline Committee and/or on advice of the Manager;
(v) to file a complaint of misconduct with the Student Discipline Committee.

8
Part 4 – STUDENTS ASSOCIATION
The regulations in this Part 4 apply to USPSA and all of its Branches, Branch Affiliates and its Affiliated Clubs and
Societies.

All students and student bodies must observe University policy on student demonstrations as established from time
to time by the University Council. The current policy is outlined in the minute below (from the eighth meeting of the
University Council held on 5 and 6 October, 1976):

The University Council


“CONSIDERED that the repercussions of undisciplined and undignified student demonstrations … not only brought
the image of the University into disrepute, but offended a most important aspect of the Pacific tradition of hospitality,
that of courtesy to visitors;
“RECOGNISED the right of students to protest against issues of concern to them, at the same time noting the
implications which the form of such protest may have for the institution as a whole and for the wider University; and
“AGREED that where protests were to take place on the Campus the form of such protests should be first of all
discussed with the Provost and in consultation with the Vice-Chancellor and an ad hoc committee of the Council
comprising both student representatives and two lay members of the Council.”

S1. Prohibition
No Branch Affiliate, Club or Society may in any fashion purport to be an institution of the University or
to function within the University until it has applied to the Branch Association of the relevant campus for
affiliation and has had such affiliation granted.

S2. Procedure Governing Affiliation Application


(a) An application for affiliation shall be made to the Branch Association of the relevant campus.
(b) The Branch Association shall without undue delay decide upon an application.
(c) Written notice of the Branch Association’s decision shall be provided to the applicant/s within three
days of the decision.
(d) In the event the application is dismissed written reasons shall be provided with the notice of decision.
(f) An applicant/s refused affiliation may appeal the decision of the Branch Association to USPSA
Federal Council.
(g) An appeal shall be in writing and be lodged with the Secretary General within 14 days of receipt of
the notice of decision.
(h) The Secretary General shall list the appeal as an agenda item at the next meeting of USPSA Federal
Council.

S3. Power of USPSA to Discipline


USPSA may discipline a Branch Association, a Branch Affiliate or affiliated Society or Club or any individual
student member/s thereof for breach of:
(a) any law, regulation or rule of USPSA;
(b) any relevant law, regulation or rule of a Branch Association, Branch Affiliate or affiliated Society or
Club;
(c) any valid order or direction of USPSA or a Branch Association, Branch Affiliate or affiliated Society or
Club.

S4. Disciplinary Action Reported to Student Discipline Committee


Any exercise of USPSA power to discipline shall be reported to the Permanent Chair of the Student
Discipline Committee on the relevant Campus.

9
S5. Appeals
Students disciplined by USPSA may appeal to the Student Discipline Committee. An appeal shall be in
writing and be lodged with the Secretary of the Student Discipline Committee within fourteen days of
USPSA’s decision.
An appeal shall not stay the decision under appeal: provided however that USPSA or the Permanent Chair
of the Student Discipline Committee may on application stay the decision.

S6. Associations Punishable


A Branch Association, a Branch Affiliate or affiliated Society or Club may be subject to punishment or
sanction.

10
Part 5 – DISCIPLINARY PROCEDURES
D1. Definitions
In this Part 6, unless the context otherwise requires;
“Committee” means the Discipline Committee established hereunder;
“meeting” includes a hearing conducted by the Committee.
“Permanent Chair” means the individual nominated by the Vice-Chancellor to head the Committee.
“Secretary” means the individual appointed by the Vice Chancellor as secretary to the Committee.

D2. Discipline Committee


(1) There shall be Discipline Committees of the Senate for Alafua, Emalus and Laucala Campus.

(2) The Committee shall consist of the following members


(a) the Vice-Chancellor or nominee on the Alafua, Emalus and Laucala Campuses, who shall be the
Permanent Chair of the Committee;
(b) three members selected from a panel approved by the Senate and submitted to the Vice-
Chancellor. The panel for a Committee shall contain no less than six names;
(c) two executive members of the Branch Association;
(d) a member of USPSA Federal Council nominated by the Council.

(3) Three members of the Committee shall form a quorum at a meeting of the Committee. Meetings shall
be chaired by the Permanent Chair. In the absence of the Permanent Chair the Committee shall elect
a chair from among its members.
A decision of the majority of members present at a meeting shall be the decision of the Committee. In
the event of an equality of votes, the Chair shall have the casting vote.

(4) Persons appointed to a panel of the Committee shall attend at least two meetings in a year, failing
which their membership will lapse and reported in writing by the Chair of the Committee to Senate.

D3. Convening a Meeting


The Permanent Chair of the Committee shall at his/her own discretion, or on the direction of the Senate,
or upon the written request of two members of the Committee, or upon request of the Vice-Chancellor
& President or delegate on Alafua, Emalus and Laucala Campuses convene or cause to be convened a
hearing of the Committee.

D4. Powers of the Discipline Committee


(1) The Committee shall have full power to hear complaints of misconduct of a student:
(a) within the precincts of the respective Campus or any University premises;
(b) at any ceremony, meeting or event wherever held, conducted under the auspices of the
University Council, the Senate, the Students Association, or any of the University Clubs and
Societies; and
(c) in any case where the Senate or the Committee considers that the interests of the University or
of students are affected.

(2) The Senate may require the Committee to report to the Senate on any matter affecting the discipline
of students of the University, including the making of any relevant Ordinance by the Council or the
making of any Regulation by the Senate or any other body or persons.

(3) On receipt of a complaint of misconduct against any student and pending the hearing of such
complaint by the Committee, the Permanent Chair may:
(a) order the immediate suspension of the student from any programme or course of study, or from
the use of any University facilities, materials or services; and
(b) authorise the immediate exclusion of the student from any campus or premises under the
control of the University, or any part thereof.

11
This power shall be exercised having regard to the best interests of the University.
Where any such suspension or exclusion is imposed during or immediately prior to an examination
period of a semester, the Committee shall begin its hearing of the complaint no later than one week
from the date of such suspension or exclusion.
Any exercise of this power of immediate suspension or exclusion shall be notified in writing by the
Permanent Chair to the student and to the Vice Chancellor forthwith.

D5. Disciplinary Powers of the Vice-Chancellor


The Vice-Chancellor shall, subject to these regulations, exercise a general control over the discipline of
students of the University.

D6. Complaints against Students


(1) A complaint of misconduct against a student shall be made in writing addressed to the Secretary.
(2) The Permanent Chair and Secretary shall screen all complaints received and may:
(a) list a complaint for hearing;
(b) require that there be further investigation or fuller particulars of a complaint before listing it for
hearing; or
(c) decline to list a complaint for hearing on the grounds that it lacks sufficient gravity for hearing by
the Committee.

(3) Where a complaint concerns misconduct in the nature of a serious criminal offence the Committee
may in its discretion postpone hearing of the complaint while the matter is before State authorities.

(4) The Secretary shall take reasonable steps to inform a student of a complaint laid against him or her
and of the time and place fixed for the meeting of the Committee to hear the complaint, allowing the
student a reasonable period of time to prepare his or her defence.

(5) A copy of any written statement concerning a complaint made available to members of the Committee
shall be provided upon request to a student in advance of the hearing of the complaint.

D7. Procedures of the Discipline Committee


A complaint of misconduct against a student shall be heard by the Committee in accordance with the
following procedures.
(1) A student may:
(a) submit a written statement to the Committee prior to a hearing;
(b) elect to appear or not to appear before the Committee;
(c) have a member of the University community represent him or her before the Committee.
The Committee may hear a complaint in the absence of a student provided there has been due
compliance with regulation D6(4).

(2) At the commencement of a hearing the complaint/s of misconduct shall be read and the student
asked:
(a) whether he or she understands the complaint; and
(b) whether he or she admits or denies the complaint.

(3) A student who contests a complaint shall:


(a) be informed of the evidence presented in support of the complaint;
(b) be invited to provide an explanation;
(c) be permitted to present evidence; and
(d) be permitted to cross examine any party providing evidence in support of the complaint.

12
(4) The Committee may where necessary adjourn a hearing to a later date.
At the completion of a hearing the Committee shall forthwith reach a decision on the matter heard
and any penalty to be imposed.
Where a student is found guilty of misconduct the Secretary shall provide the student with written
confirmation of the decision of the Committee and any penalty imposed. A copy of regulation D9
concerning appeals shall accompany the written confirmation of decision.

D8. Disciplinary Powers of the Committee


(1) The Committee shall have the power to:
(a) dismiss a complaint;
(b) remit a complaint to the appropriate authority, which does not preclude the coordinator/
manager of a section/department, course coordinator, Head of School, Dean of Faculty, USPSA
for determination; or
(c) find a complaint or parts of a complaint proven and the student guilty of misconduct.

(2) Where the Committee finds a student guilty of misconduct it may, depending on the circumstances of
the case and any other information available to it:
(a) take no further action;
(b) require a private, public or traditional apology and/or reconciliation;
(c) issue a reprimand or a severe reprimand;
(d) impose a monetary fine;
(e) impose a period of community service to be supervised by someone nominated by the SDC;
(f) order payment of costs of replacement or repair to property lost, damaged or destroyed as a
consequence of the misconduct;
(g) require the student to report to a specified place on the Campus at a specified time or times;
(h) withdraw the privilege of residence in the Halls of Residence for such period as it sees fit;
(i) suspend the student, for such period as it sees fit, from any programme or programmes of
study or classes or any examinations, or impose conditions on his or her attendance at any such
programmes or classes or examinations;
(j) exclude the student, for such period as it sees fit, from the University precincts or from any place
of study, residence or recreation therein, or impose conditions on his or her attendance at any
such place of study, residence or recreation; or
(k) expel the student from the University for any period and on terms considered necessary by the
Committee.
Before imposing any penalty the Committee may consult the Head of School in which the student
is enrolled or other persons whom the Committee considers could provide useful information. In
imposing penalties, the Committee shall take cognizance of Part Seven of these Regulations.

(3) Where the Committee imposes a financial penalty under Regulation D8(2)(d), it may, if it sees fit,
provide for a reduction in the amount of the penalty subject to the student’s satisfying such other
conditions as the Committee may specify.

(4) Payment in full of any fine or monetary penalty imposed on any student under these regulations
shall be made within fourteen days of the imposition of the fine unless the Vice-Chancellor or
delegate authorises a deferment or payment by instalments, in which case payment shall be made
as so authorised. Students who fail to pay in full any fine or other monetary penalty within the
prescribed period may be excluded from the University or not be permitted to sit for end-of-semester
examinations and/or have results withheld, until the payment is made in full.

(5) All decisions of the Committee finding a student guilty of misconduct shall be reported to the Senate.

13
D9. Appeals
(1) There shall be a Discipline Appeals Committee.

(2) The Discipline Appeals Committee shall consist of the following members:
(a) the Vice-Chancellor or his/her nominee; and
(b) two members of the Discipline Committee, one of whom shall be a representative of USPSA.
No person who sat on the Committee hearing the matter under appeal shall sit on the Discipline
Appeals Committee.

(3) A student found guilty of misconduct may appeal the decision of the Committee and/or penalty
imposed to the Discipline Appeals Committee.
An appeal against a finding of misconduct shall be limited to the following grounds:
(a) that the finding of facts of the Committee are on the evidence heard implausible;
(b) that the Committee erred in its application of the relevant regulation/s;
(c) that there was a significant procedural error.
An appeal shall specify the appellant’s ground of appeal and provide particulars.
An appeal as to penalty shall state in what respect the penalty is excessive or otherwise inappropriate.

(4) An appeal shall be in writing, addressed to the Secretary and be lodged with the Secretary within 14
days of the Committee’s decision.
Filing an appeal shall not operate to suspend the enforcement of the decision of the Committee unless
the Permanent Chair or Vice-Chancellor or Delegate so directs.
An appeal should normally be heard within one month of the filing of the appeal.

(5) On the hearing of an appeal the student may elect to appear in person and may be represented by a
member of the University community.
An appeal shall not be by way of rehearing. No further evidence shall be admitted save in exceptional
circumstances.
In the absence of a complete documentary record of the Discipline Committee hearing (including a
transcript of all evidence heard or notes thereof) a member of the Discipline Committee may testify
as to the evidence heard and documents sighted by the Committee and the Committee’s finding of
facts.

(6) The Discipline Appeals Committee may


(a) dismiss an appeal;
(b) allow an appeal in whole or in part;
(c) allow an appeal and remit the matter to the Discipline Committee for rehearing;
(d) vary any penalty imposed.

(7) A decision of the Discipline Appeals Committee shall be final, and shall be reported to the Senate and
the Council as soon as practicable.

D10. Summary Adjudication of Complaints


(1) Notwithstanding anything to the contrary in these regulations, a student may elect to have any
complaint of misconduct dealt with summarily by the Permanent Chair who may exercise all powers of
the Committee. The Permanent Chair may in his/her discretion decline to proceed summarily and refer
the matter for hearing by the Committee.

(2) A decision on a summary hearing may be appealed in the usual fashion to the Discipline Appeals
Committee.

14
Part 6 – OFFENCES AND PENALTIES
All penalties referred to below are guidelines only, and may be varied by the Student Discipline Committee
depending on the circumstances of specific cases before it. Mindful of these guidelines, the Committee may
rule separately on any misconduct not specifically referred to in these regulations; and should refer students for
appropriate counselling where it feels this is relevant.

Penalties for Academic Misconduct are outlined in the USP Handbook & Calendar.

Although the guidelines provide for exclusion from studies especially for a third offence against a particular regulation,
the Committee may also impose this penalty on a student who has appeared before it on three or more occasions for
breaches of different regulations.

Monetary penalties are given in Fiji dollars. Appropriate and rounded conversions should be made by Student
Discipline Committees in countries other than Fiji.

15
Regulation First offence Second offence Third offence
breached
C1 $50 $100 Exclusion from the University for one semester
C2 $100 $150 Exclusion from the University for one semester
C3 $100 $150 Exclusion from the University for one semester
C4 Minor $50 Minor $100 Exclusion from the University for one semester
Moderate $75 Moderate $150
Extreme $100 Extreme $200
C5 $40 $80 Exclusion from the University for one semester
C6 (1) (a),(c),(d) $50 $100 Exclusion from the University for one semester
C6 (1) (b) $40 $80 Exclusion from the University for one semester
C7 Exclusion from the University for no less than two semesters
C8 Exclusion from the University for no less than two semesters
C9 $50 + cost of repair/ $100 + cost of Exclusion from the University for one or more
replacement repair/replacement semesters + cost of repair/replacement
C10 $150 + cost of repair/ Exclusion from the
replacement University for one
or more semesters
+ cost of repair/
replacement
C11 $50 $100 Exclusion from the University for one or more
semesters
C12 $150 including exclusion Exclusion from the
from the Halls where University for one
appropriate. For serious to four semesters
cases, exclusion from + reimbursement
the University for one or for medical costs
more semesters. In all incurred.
cases, reimbursement for
medical costs incurred.
C13 (a)-(c) $60 $120 Exclusion from the University for one semester
C14 $100 $150 Exclusion from the University for one semester
C15 $50 $100 Exclusion from the University for one semester
C16 $50 $100 Exclusion from the University for one semester
C17 (1) (a)–(d) $40 on the spot fine on
each occasion
C17 (1) (e) $50 on the spot fine on
each occasion
C17 (1) (f) Immediate clamping of
vehicle and $50 fine for
recovering vehicle on
each occasion
R2 Rules 1-5 $40 $80 Exclusion from the Halls of Residence
R2 Rules 6-8 $40 $80 Prohibited from entering the Campus (except
for the Library)
R3 $40 $80 Prohibited from entering the Halls of Residence
R4 $40 $80 Exclusion from the Halls of Residence
R5 $30 $60 Exclusion from the Halls of Residence
R8 $30 $60 Exclusion from the Halls of Residence
R9-R10 Minor $50 Minor $100 Exclusion from the University for one semester
Moderate $75 Moderate $150
Extreme $100 Extreme $200

Approved by the USP Senate on 28 November 2012

16
17

You might also like