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Code of Student Conduct

Objectives
Code of Student Conduct
Disciplinary Procedures
Penalties
Procedure for Appeals
Authority
Appendix 1 - Student Discipline Committee
Appendix 2 - Student Discipline Panels

1. Objectives

1.1

The Code of Student Conduct and rules formulated to guide student behaviour in any area of activity of the University should clearly satisfy the objectives of contributing towards:

1.1.1	Supporting and strengthening responsible behaviour among the various types of students, ranging from those in their early adulthood fresh from secondary schools, to those senior and mature students who return to the University for higher education with valuable work experience, so that these students could play a constructive role in the communities they serve; and
1.1.2	The creation of an ambiance that nurtures responsible citizenry through an environment that promotes scholarship and inspires creativity and which facilitates learning, personal development and mutual respect.

2. Code of Student Conduct

2.1	Pursuant to the objectives noted above, the University expects students to behave honestly, honorably, and sensibly. This Code of Student Conduct is therefore intended to focus more on supporting good and responsible behaviour and less on the penal aspect of irresponsible behaviour. The implementation of the Code will attempt to reflect this intention.
2.2	Students must be law-abiding citizens and are required to conduct themselves in an honest, mature and responsible manner at all times. If they are convicted of a violation of law, the University will consider taking appropriate action against them, depending on the seriousness of the offence.
2.3	Students must pursue their studies with academic honesty. Academic honesty is central to the conduct of academic work. Students are expected to present their own work, give proper acknowledgement of other's work, and honestly report findings obtained.
2.4	Students must comply with examination regulations promulgated by the Academic Regulations and Records Office, and the regulations promulgated by academic departments, in respect of coursework.
2.5	Students must comply with the University regulations on fees, charges and financial assistance.
2.6	Students must comply with the regulations promulgated by the various amenities and facilities providers.
2.7	Students must refrain from conduct which may pose a health or safety hazard to others.
2.8	Students must refrain from conduct which may disturb the peace or the normal functioning of the University.
2.9	Students must refrain from conduct which may result in physical abuse to people or cause another person to fear bodily harm.
2.10	Students must use the University's premises, facilities and amenities only for purposes for which they are specifically provided.
2.11	Students must refrain from conduct which may result in the misuse or removal of, or damage to, property not their own.
2.12	Students should help to keep all parts of the campus clean and tidy. Student may put up notices or posters only on notice boards provided for students' use.
2.13	Students should report all accidents and emergencies immediately to a member of staff of the relevant unit or a security officer.
2.14	Students who undertake industrial training or external visits must behave in a disciplined and responsible manner and obey the rules of the organization which they are visiting or attending. Safety precautions specified by the organization must be followed.
2.15	Students using the facilities of other universities and organizations, e.g., research or laboratory facilities, or library or sports facilities, must behave in a disciplined and responsible manner and obey the rules of the host organization.
2.16	Students or student societies who wish to engage in any activity in the name of the University should obtain prior written permission from the Vice-President (Student Affairs).
2.17	Students must refrain from conducting themselves in a manner which may result in damaging the University's image or reputation.
2.18	The University has established policies, e.g. the policy statement on equal opportunities, policy statement on sexual harassment, code of practice on personal data (privacy) issues, etc. in support of ordinances in Hong Kong which accord rights to individuals in various aspects. As members of the University, students will have their respective rights protected by these policies and are expected at the same time to adhere to the principles and requirements of these policies.
2.19	Failure to comply with this Code or with other regulations of the University may result in disciplinary action against the student concerned.

3. Disciplinary Procedures

3.1

Any complaint against a student of an infringement of the Code may be lodged in writing with the relevant University officer noted in paragraph 6.6 below, who will determine the appropriate course of action for considering the complaint.

3.2

Any violation of the Code or of the other Regulations by a student will be considered in the first instance, by the relevant University officer noted in paragraph 6.6 below. The student concerned will be given proper notice of the allegation against him/her and the opportunity to defend himself/herself. The officer will adopt such procedure as he/she deems fit to consider the allegation.

3.3

In the course of the investigation, if the officer determines:

3.3.1	that the student is guilty of an offence, he/she will also determine and impose a penalty on the student. A written record of the matter outlining the allegation, the evidence, and the procedure adopted for considering the allegation and the penalty imposed will be promptly conveyed to the Director of the Academic Regulations and Records Office; or
3.3.2	that the matter warrants consideration by a Student Discipline Panel, he/she will refer the matter accordingly within 10 working days of being informed of the allegation.

3.4

A student referred to a Panel will receive a notice from the Academic Regulations and Records Office specifying the charge and seeking an explanation within 10 working days from the date of the notice, of the alleged misconduct.

3.5

A student wishing to admit the charge should do so in a written explanation to the Director of the Academic Regulations and Records Office. The student need not appear before the Panel, unless required by the Panel, but may opt to do so if he/she wishes. If no response is received by the specified date, and the Panel is satisfied that due and proper notice of the charge has been served, it may proceed to consider the charge and, if warranted, impose the appropriate penalty in the student's absence.

3.6

The Panel may require the student to appear before it in order to facilitate its adjudication of the case, if deemed necessary.

3.7

When a student chooses to appear before a Panel, or is required by a Panel to appear, he/she may call such witnesses in defence as he/she may think fit and/or be accompanied by a member (staff or student) of the University, provided that the Academic Regulations and Records Office is informed of their names at least three working days before the meeting.

3.8

In all other respects, the Panel will regulate its own proceedings in the consideration of the case and may call before it such officers or persons as it deems necessary.

3.9

A student may admit the charge, or any part of it, at any stage of the proceedings.

3.10

If the Panel determines against the student, it will determine the appropriate penalty and in so doing may take into account any record of previous misconduct by the student including any penalty previously incurred.

3.11

The Academic Regulations and Records Office will keep a written, confidential, record of the proceedings.

3.12

The University reserves the right to report to the police authorities any case of a violation of the criminal law.

3.13

The University has the discretion to stay all internal actions for cases being dealt with by law-enforcing agencies outside the University, e.g. the police authorities, pending outcome of such external investigations or proceedings.

4. Penalties

4.1

Penalties imposed by a University officer may consist of:

4.1.1	an oral or written warning including a statement to the effect that a repetition of the offence will lead to a more severe penalty;
4.1.2	a formal reprimand which will place a student on probation for a period to be determined in each case;
4.1.3	exclusion from the use of University amenities/facilities for a period not exceeding four weeks;
4.1.4	requiring a student to do additional coursework;
4.1.5	requiring a student to make good, in whole or in part, any damage or loss caused to the property of the University;
4.1.6	withholding the issue of grades report and/or transcript for a specified period of time.

4.2

In addition to the above, penalties imposed by a Student Discipline Panel may consist of:

4.2.1	lowering the grade as appropriate in a specified course;
4.2.2	withholding a student's eligibility for a scholarship, prize, financial award, or the Dean's List for a specified period of time;
4.2.3	exclusion from the use of University amenities and facilities for a specified period of time;
4.2.4	suspension from the University for a specified period of time;
4.2.5	expulsion from the University together with a determination of the period for which the student may not be re-admitted to a programme of studies;
4.2.6	withholding an academic award for a specified period of time;
4.2.7	such other penalties as the Panel may determine.

4.3

A University officer and a Panel may also advise the student to seek counsel from a counsellor in the Student Development Services.

5. Procedure for Appeals

5.1

A student may appeal by writing to the Director of the Academic Regulations and Records Office within 10 working days against the decision of a University officer or a Student Discipline Panel. The appeal will be dealt with as follows:

5.1.1	A valid appeal against the decision of a University officer will be referred to a Student Discipline Panel. The Panel will adopt the procedure described in paragraph 3 above to consider the appeal;
5.1.2	A valid appeal against the decision of a Panel will be referred to the President. The President may appoint an ad hoc committee as he deems fit to consider the appeal.

5.2

The application for an appeal will only be entertained if it relates to either:

5.2.1	fresh evidence which for good reason had not been presented previously to the University officer or the Student Discipline Panel as the case may be; or
5.2.2	a material irregularity of proceedings in the consideration of the matter by the University officer or the Student Discipline Panel.

5.3

A decision on an appeal will normally be made within four weeks from the date of receipt of the application and the decision will be final.

5.4

The Academic Regulations and Records Office will keep a written, confidential, record of the proceedings of all cases of appeal.

6. Authority

6.1

In section 14(1)(a) of the City University of Hong Kong Ordinance, the President, subject to the control of the Council, shall have vested in him the welfare and discipline of the students of the University.

6.2

In section 16 of the Ordinance, the President, subject to any restriction or condition imposed by the Council, may delegate his powers and duties. Pursuant to this provision, the President may delegate to a committee or person(s), the enforcement of rules relating to student discipline, in whole or in part.

6.3

Paragraph 1.13 of the terms of reference of the Senate confers upon the Senate, the power and duty to advise the President on matters relating to the discipline of students in the University.

6.4

To facilitate the discharge of its duty to advise the President on matters relating to student discipline, the Senate has appointed the Student Discipline Committee with membership and terms of reference as noted in Appendix 1. The Committee will determine and keep under review the University's Code of Student Conduct and advise the Senate on policies and procedures relating to student discipline.

6.5

In addition to the Code, the various departments, units, centres, or offices responsible for the provision of amenities and facilities for the students in the University, will be authorized to formulate and administer regulations governing the use of such amenities and facilities.

6.6

Violations relating to academic conduct will be dealt with in the first instance by the head of the academic department concerned. Other violations of the Code, the regulations on fees, charges and financial assistance, or the regulations promulgated by the amenity and facilities providers will be dealt with in the first instance by the relevant University officer from among the following:

6.6.1	Deans of Colleges/ Schools and Dean of Graduate Studies
6.6.2	Heads of academic departments
6.6.3	Director of Finance
6.6.4	Heads of academic support units, i.e., the Librarian, the Director of the Computing Services Centre, the Director of Student Development Services
6.6.5	Director, Facilities Management Office
6.6.6	Residence Masters of halls of residence
6.6.7	Such other persons as the President may designate from time to time

6.7

The relevant University officer may decide that a violation of the Code or of the other regulations of the University by a student is of such a nature that it should be dealt with by a Student Discipline Panel. The Secretary to the Senate will constitute the Panel as appropriate. The terms of reference and membership of the Panel are given in Appendix 2. The criteria for referring a student to a Panel will be:

6.7.1	Non-compliance by the student of the penalty imposed on him by a University officer for an offence against the Code or any other University regulations.
6.7.2	Repeated offences by a student against the Code or any other University regulations.
6.7.3	Any other offence which in the judgement of a University officer is so serious as to require to be dealt with by a Panel.

Appendix 1

Student Discipline Committee

Terms of Reference

1.1	To advise the Senate on policies and procedures relating to student discipline;
1.2	To determine and keep under review the University’s Code of Student Conduct;
1.3	To determine the procedures for dealing with violations of the Code of Student Conduct or other regulations of the University by students, and the penalties relating thereto;
1.4	To appoint sub-committees, working parties and similar bodies for the purpose of discharging the duties of the Committee, and to approve the terms of reference and membership;
1.5	To report on its business to the Senate at such intervals as the Senate may decide.

Constitution

Chairman	Vice-President (Student Affairs)
Deputy Chairman	Elected by and from among members
Members	(a) Four members appointed by and from the Senate (b) Two undergraduate students nominated by the Students’ Union (c) One postgraduate student nominated by the CityU Postgraduate Association (d) Director of Student Development Services (e) Director of Academic Regulations and Records Office
Secretary	Administrative staff of Academic Regulations and Records Office

Appendix 2

Student Discipline Panels

Terms of Reference

1.1	To exercise summary jurisdiction in respect of violations of the University’s regulations and the Code of Student Conduct by students when such violations are referred to it by a University officer under the Code;
1.2	To deal with appeals from students in accordance with the Code of Student Conduct.

Constitution

Chairman
One Head of an academic Department or such office holders in an equivalent body of the University as are determined by Senate, drawn from the membership of Senate.

Members

(a)	Two academic staff members drawn from the following category of membership from Senate: all Chair Professors one member of the full-time academic staff of an academic Department, or equivalent body of the University as determined by the Senate, elected by and among their number in that Department, or equivalent body, as appropriate
(b)	Director of Academic Regulations and Records Office
In cases where the subject of complaint is an undergraduate student:
(c)	Students’ Union President or his nominee
(d)	One student nominated by the Students’ Union
OR in cases where the subject of complaint is a postgraduate student
(c)	CityU Postgraduate Association President or his nominee
(d)	One student nominated by the CityU Postgraduate Association


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