The ANU Discipline Rule is informed by the ANU Values set by Council (see the University’s Strategic Plan), the Student Code of Conduct and Sexual Misconduct Policy.

The ANU Discipline Rule defines the behaviours considered to be misconduct under section 7 of the Rule, outlined below.   

7     Misconduct

(1)  A student must not engage in misconduct.

(2)  It is misconduct if a student engages in conduct:

1. that is dishonest, unethical, or otherwise demonstrates a lack of integrity or respect for the safety or wellbeing of other members of the University community; or
2. that unreasonably hinders other members of the University community in the pursuit of their studies or research in the University or in participation in the life of the University; or
3. that is otherwise:
   1. a breach of the values set by the Council for the University; or
   2. a breach of the responsibilities (however described) set by the University for students or members of the University community; or
   3. prejudicial to the good order and government of the University; or
   4. reprehensible conduct for a member of the University community to engage in.

(3)    Without limiting subsection (2), it is misconduct if a student:

1. sexually assaults or sexually harasses another member of the University community; or
2. engages, or threatens to engage, in any other non-consensual conduct of a sexual nature in relation to another member of the University community if a reasonable member of the University community would, in all the circumstances, consider the conduct to be:
   1. an invasion of privacy; or
   2. indecent; or
   3. otherwise unacceptable conduct for a student to engage in in relation to another member of the University community; or
3. subjects another member of the University community to any other form of harassment, victimisation or discrimination; or
4. otherwise behaves in a violent, threatening or intimidating way to another member of the University community or otherwise creates a hostile study, research or work environment; or
5. intentionally, recklessly or negligently causes risk or danger to the health or safety of another member of the University community; or
6. gives or offers a financial or non-financial bribe to an officer or member of staff of the University; or
7. intentionally or recklessly obstructs or disrupts an activity or proceeding of the University; or
8. intentionally, recklessly or negligently destroys, damages, defaces, loses, removes or otherwise interferes with, or makes unauthorised use of, property of the University or another person; or
9. enters a place in the University that the student is not permitted to enter; or
10. breaches a reasonable order or direction (however described) of an officer or employee of the University or a person acting with the lawful authority of the University; or
11. breaches University legislation or an order or direction (however described) given under University legislation; or
12. acts dishonestly or unfairly in connection with:
    1. any assessment for admission to the University; or
    2. the preparation or presentation of any assignment or material in support of an application for admission to the University; or
13. makes a statement to the University, or to an officer or employee of the University, that the student knows to be false (including the provision of a falsified medical certificate or falsified academic transcript); or
14. engages in, or is party to, conduct intended to deceive the University (including the provision of a falsified medical certificate or falsified academic transcript); or
15. takes a prohibited item into an examination or other assessment venue or otherwise breaches the University’s directions (however described) in relation to an examination or other assessment; or
16. impersonates another person at, or in connection with, an examination or other assessment.

It is important to note that the University can only make a determination whether there has been misconduct or not, on the balance of probabilities, in accordance with the Discipline Rule.  The University cannot make any determinations in relation to civil or criminal liability.

Under the Sexual Misconduct Policy, sexual misconduct is a term encompassing any unwelcome behaviour of a sexual nature including sexual assault, sexual harassment, an act of indecency, making or distributing sexually explicit photos or videos without consent, and any other non-consensual sexual conduct if a reasonable person would consider that conduct to be an invasion of their privacy, indecent or otherwise unacceptable conduct.

The Policy outlines a set of overarching principles and the University’s commitment to prevent and respond appropriately and effectively to incidents of sexual assault, sexual harassment and all other forms of sexual misconduct, as defined under the Policy and Rule.

The University provides an online sexual misconduct Disclosure Form as one avenue to facilitate disclosing incidents of sexual misconduct. All disclosures are managed by the Student Safety and Wellbeing team who will provide case management support to the person who disclosed sexual misconduct, and, with permission facilitate referrals to other parts of the University as appropriate. Disclosure is a mechanism for the ANU to provide you with support and is separate to a formal report under the ANU Discipline Rule or to Police. Refer to the Student Safety and Wellbeing page for more information.

The University responds promptly to reports and take timely action within its authority to ensure the community’s safety. Inquiries and the application of outcomes operate in accordance with the Discipline Rule.

Information for Complainants

The resources and information here are general in nature and do not contain case-specific legal or professional advice. Before you submit a report of potential misconduct, you should seek advice and support from an independent person knowledgeable about the process such as the Student Safety and Wellbeing Team, the Dean of Students Office, Academic Standards and Quality Office or ANUSA.

Information for Respondents

The resources and information here are general in nature and do not contain case-specific legal or professional advice. Before you respond to a report of potential misconduct, you should seek advice and support from an independent person knowledgeable about the process such as the Student Safety and Wellbeing Team, the Dean of Students Office, Academic Standards and Quality Office or ANUSA.

The Student Misconduct Report template is provided as a GUIDE ONLY to assist the University community in submitting a report regarding student misconduct under the relevant University Rules, policies and procedures, such as: the Discipline Rule, Student Code of Conduct and Sexual Misconduct Policy.

If you choose to submit a report, the allocated case officer may discuss the following preliminary questions with you, if the information is not already indicated in your report.

• Are you currently feeling safe from any immediate threat or harm? If you are in immediate danger call 000 (Police).
• If safe, have you been accessing and receiving wellbeing support: for example, support from a counselling service, ANU Student Safety and Wellbeing Team, ANUSA, Dean of Students Office, Canberra Rape Crisis Centre and/or your GP?
• Is the misconduct connected with ANU because it happened, for example:
  • on or in an ANU premises or in an ANU student residence?
  • during an ANU activity such as a field trip, placement, function or event?
  • when using University information infrastructure or services?
• Has the misconduct been reported elsewhere? For example, to the Police, through the ANU Disclosure Form, to a student accommodation or an academic College? If so, where?
• Have there been any previous proceedings in relation to the misconduct? Were any steps taken to address the misconduct?
• Are there any current proceedings, legal or otherwise, currently in progress in relation to the misconduct?
• What steps, if any, have you taken to resolve your complaint?  For example, through remediation or mediation, if relevant?