Temporary Exclusion Policy

1. Purpose

1.1 The Temporary Exclusion Policy (the policy) outlines the process for managing the temporary exclusion of a student from specific facilities and/or activities in line with Rule 16.9, Student Rules.

2. Scope

2.1 This policy applies to all UTS staff and students. It should be used to manage inappropriate behaviour or incidents by students on campus, online, in clinical practice or placements, fieldwork excursions, practical experience, internships or in any other university setting or activity.

2.2 This policy operates in conjunction with published industry codes. Students may be temporarily excluded from clinical and professional healthcare placements if they contravene those codes (refer Australian Health Practitioner Regulation Agency Reporting Procedure).

2.3 This policy should be read in conjunction with Rule 16.9, the Student Rights and Responsibilities Policy, the Health, Safety and Wellbeing Policy and the Equity, Inclusion and Respect Policy.

3. Principles

3.1 This policy and the Student Rules do not describe every type of behaviour that might occur. Staff should be fair and use good judgement when managing the temporary exclusion of a student.

3.2 Staff must adhere to the Code of Conduct.

3.3 UTS will not condone any unsafe or inappropriate behaviour that may:

1. cause hurt to others' physical or psychological health
2. damage facilities or property
3. be generally disruptive and/or threaten people or property.

3.4 Behavioural expectations for students are outlined in the Student Rules and policies including but not limited to the Student Rights and Responsibilities Policy, the Health, Safety and Wellbeing Policy, the Information Security Policy, the Child Protection Policy, the Acceptable Use of Information Technology Resources Policy and the Campus Policy.

3.5 This policy may be used separately from or, where necessary, in conjunction with other student misconduct proceedings under section 16, Student Rules or Rule 2.1.9.

4. Policy statements

Temporary exclusion circumstances

4.1 For safety reasons, there may be circumstances where staff need to immediately temporarily exclude a student from facilities and/or activities. This is permitted under Rule 16.9 and this policy.

4.2 Where practical, it may be appropriate to warn the student that their behaviour could lead to such exclusions before applying Rule 16.9 and/or this policy.

4.3 Rule 16.9 and this policy should not be used where students (without also engaging in behaviour outlined in Rule 16.9.1):

1. criticise, hold and/or express different opinions or beliefs, where the opinion or belief is not discriminatory or seen as harassment or bullying
2. express strong disagreement with an opinion conveyed by staff or other student(s)
3. do not participate in class
4. express a lifestyle choice, which can include style of dress or mannerisms (except where that would pose a serious threat of harm to the student or others or is in breach of the Equity, Inclusion and Respect Policy)
5. fail to bring the relevant material to class
6. sleep during class (where other criteria such as being a danger to self or others are not present).

4.4 While some of the above behaviours may not result in a student being temporarily excluded, it may be appropriate for staff to discuss the incident with the student. Where necessary, this may include identification of the student’s responsibilities under the Student Rights and Responsibilities Policy or the Health, Safety and Wellbeing Policy.

4.5 Staff may, where appropriate or required, refer the student to specialised units at UTS, such as the UTS Counselling Service (refer Support).

Managing a temporary exclusion

4.6 Staff who exclude a student under Rule 16.9 must immediately notify their line manager who will send an email notification to the student’s UTS email address advising the student they are temporarily excluded outlining the:

1. circumstance, behaviour or incident that resulted in the exclusion
2. period of exclusion, and
3. facility or activity from which the student was excluded.

4.7 The staff member or line manager must forward a copy of the email notification to misconductandappeals@uts.edu.au. This must be recorded on the student’s file.

4.8 The staff member or line manager may decide whether the incident should also be:

1. treated as an allegation of student misconduct for referral to the Director, Governance Support Unit to be handled in accordance with Rule 16.12
2. referred to the Concerning Behaviour Assessment and Intervention Team (refer Concerning Behaviour Intervention Policy), or
3. dealt with under the internships requirements of Rule 3.4.

4.9 All decisions should be recorded on the student’s file.

Safety and security

4.10 Any incident resulting in temporary exclusion that also involves actual or potential harm, injury or damage must be reported via HIRO (UTS’s hazard and incident report system) and to the Finance Unit for insurance purposes. Any other requirements of the Health, Safety and Wellbeing Policy or any legislative reporting requirements must also be met.

4.11 Where necessary, or where mandatory reporting is required, staff should contact Security and Emergency Management or the NSW Police (refer also the Child Protection Policy and the Sexual Harm Prevention and Response Policy).

5. Roles and responsibilities

5.1 Policy owner: The Deputy Vice-Chancellor (Education and Students) acts as the Vice-Chancellor’s nominee in relation to student misconduct and is responsible for policy enforcement and compliance, ensuring that its principles and statements are observed. The Deputy Vice-Chancellor (Education and Students) is also responsible for the approval of any associated university level procedures.

5.2 Policy contact: The Director, Governance Support Unit is the primary point of contact for advice on implementing and administering this policy.

6. Definitions

The following definitions apply for this policy. These are in addition to the definitions in Schedule 1, Student Rules. Definitions in the singular include the plural meaning of the word.

Activity means any activity related to UTS to which a student has access on or off campus or online, for any university purpose. This includes, but is not limited to, lectures, tutorials, workshops, internships or placements, fieldwork, sporting or social activities.

Line manager means the unit director, centre director, head of school or dean as appropriate.

Staff is defined in the Code of Conduct. For the purpose of this policy, staff includes officers of the university as defined in Schedule 1, Student Rules.