Policy - AAC01015

This policy sets out the process to be followed when a learner breaches the Institution’s rules, regulations, policies, standards and codes. It sets out the rights of learners whose case is being dealt with and the appeal process they can access.

Exclusion: A general term covering both temporary suspension and expulsion.

Delegated authority:  Delegated authority has the power to impose various disciplinary actions, including suspension, exclusion and reparation.

Delegated Programme Lead: An academic staff member, including a team leader, programme manager, Head of Department (HoD), or Academic Director, who is responsible for overseeing learner disciplinary matters, receive reports of alleged breaches and conduct preliminary investigations.

Institution: The institution that is referred to in this policy is Future Skills Academy or Ashton Warner Academy.

Suspension: is a short-term exclusion and is the formal process by which the learner is temporarily prohibited from attending classes, events, work placements or refused access to services provided by the Institution.

Unacceptable behaviours: are defined as behaviours which are not acceptable at the Institution and may result in disciplinary action being taken. This includes breaches of the Institution’s rules, regulations, policies, standards and the learner responsibilities outlined in the Learner Rights and Responsibilities document.

1. The Chief Executive delegates the investigation of all learners' disciplinary matters directly to the delegated authority.
2. The delegated authority has the authority to action a range of disciplinary measures, including but not limited to, suspension or exclusion, cancelling academic results, and seeking damages or reparation.
3. Learners have the right to advocacy and support from a support person, a family member. a representative or a staff member of the Institution.
4. Learners are entitled to culturally appropriate support and processes during the investigation of allegation(s).
5. Any matter of concern that might lead to actions under this procedure will be raised with the learner as early as possible with the intention of resolution as directly and informally as possible.

1. A learner can report unacceptable behaviour by another learner to any staff member.
2. Any staff member can report unacceptable behaviour that they witness or is reported to them by another learner to the delegated programme lead.
3. The delegated programme lead will arrange to discuss the allegation with the learner concerned and conduct an investigation. The learner has the right to involve a support person during the discussion.
4. If the delegated programme lead finds that there was no unacceptable behaviour, no further action will be taken.
5. If the delegated programme lead finds that there was a breach, they may provide a verbal or written warning to the learner or refer the matter directly to the delegated authority for further investigation, support or decision-making.
6. The learner has the right to appeal the decision made by the delegated programme lead regarding any warnings. Appeals must be submitted in writing within seven (7) working days to the delegated authority in accordance with the Appeals Policy.
7. If the case is referred to the delegated authority by the delegated programme lead, the delegated authority must investigate the matter further and notify the learner for a formal meeting.
   1. The learner is invited to attend the meeting with a representative or a support person.
   2. During the meeting, the learner will be given the opportunity to present their perspective on the matter.
   3. After the meeting, the delegated authority conducts a thorough investigation, including reviewing the preliminary findings and consulting relevant parties.
8. If after reasonable enquiry and the meeting with the learner concerned, the delegated authority deems that the learner has breached the Institution’s rules, regulations, policies, standards or code, they may deal with the learner in one or more of the following ways:
   1. Ask the learner to take corrective action(s) 
   2. Issue a written warning; or 
   3. Give a verbal warning; or 
   4. Suspend the learner; or
   5. Exclude the learner 
9. The delegated authority will also notify the delegated programme lead of the decision, who may inform their staff as they see fit.
10. In the case of serious misconduct or violations of the Institution’s rules or code of conduct, a learner may be excluded from the Institution. The delegated authority must authorise all exclusions following consultation with the Chief Executive.
11. The learner has the right to appeal to the division’s Chief Executive in accordance with the Appeals Policy.

Approved policies and procedures are always intended to comply and conform with the current Ministry of Education, Tertiary Education Commission (TEC), New Zealand Qualifications Authority (NZQA,) and other external agency legislation requirements and procedures.

Rights and Responsibilities document

AAC01002 - Appeals Policy

Education (Pastoral Care of Tertiary and International Learners) Code of Practice 2021

Human Rights Act 1993

Ombudsmen Act 1975 

Appendix A) Learner Discipline Process Flowchart