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Governance (Relinquishment and Revocation of Awards) Rule 2023

Section 1 - Introduction

Name of Rule

(1) This Rule is the Governance (Relinquishment and Revocation of Awards) Rule 2023.

(2) A reference to the Awards and Titles Policy — Rescinding and Relinquishing is deemed to be a reference to this Rule.

Commencement

(3) This Rule commences on 26 May 2015 under resolution CNL15/30 and was amended on 20 October 2023 under resolution CNL187/16.

(4) This Rule replaces the Awards and Titles Policy — Rescinding and Relinquishing.

Purpose

(5) This Rule is enacted for the purpose of setting out the criteria and procedures for amendment, relinquishment and revocation of awards conferred by the University Council (Council) of Charles Sturt University (the University).

Authority

(6) This Rule is made pursuant to authority granted to the Council under sections 20, 30, 31 and 32 of the Charles Sturt University Act 1989.

Note: Section 20 of the Act provides that the Council may delegate any of its functions and powers, except its power of delegation. Section 30 of the Act provides that the Council shall have a Common Seal and that it shall be kept in such custody as the Council may direct and shall only be affixed to a document pursuant to a resolution of the Council. Sections 31 and 32 of the Act provide that the Council may make Rules with respect to governance, management and discipline of the University including with respect to the "use of the common seal".
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Section 2 - Rule

Relinquishment of award

(7) A person who is the recipient of an award conferred by the Council may relinquish that award or title. A person is not required to give reasons for relinquishing their award or title.

(8) A person who wishes to relinquish an award under clause 7 will do so in writing to the University.

(9) A person who has relinquished an award will return to the University the certificate or other document awarded in respect thereof and to cease reference to the holding of the degree or other academic award.

Revocation of degree or other academic award

(10) The Council may revoke an award if it is satisfied that a degree or other academic award (other than an honorary award) conferred or granted by the Council has been obtained by a person as a result of:

  1. fraud
  2. an error by the University, or
  3. under other circumstances such that, had the Council been aware of those circumstances at the time of conferral, it would not have conferred the award in question.

(11) Where a prima facie case exists for revoking a person's degree or other academic award, the University Secretary or their delegate will prepare a report for the Academic Senate.

(12) The Academic Senate will thereafter make a recommendation for the consideration of the Council.

(13) A person who has had a degree or other academic award revoked will return to the University the certificate or other document awarded in respect thereof and cease reference to the holding of the degree or other academic award.

(14) Where a person declines to return to the University the certificate or other document awarded, or continues to make reference to holding the degree or other academic award, the Council may request the University Secretary to publish on the University website and in such other mediums as may be appropriate a notice that the award has been revoked.

Revocation of an honorary award

(15) The Council may revoke an award if it is satisfied that an honorary degree or award has been conferred on a person where:

  1. the details provided in support of a nomination for the award of an honorary degree or award are subsequently found to be incorrect or incomplete
  2. a recipient of an honorary degree or award is convicted of a criminal offence, the maximum penalty for which is at least 12 months imprisonment
  3. the accuracy or completeness of the information that was the basis for the honorary degree or award is, or is alleged to be, materially deficient, or
  4. the recipient of the honorary degree or award acts in a manner in the sole view of the Council that brings, or may bring, the University into disrepute.

(16) Where a prima facie case exists for revoking a person's honorary degree or award, the University Secretary will prepare a report and recommendation for the consideration of the Council.

(17) A person who has had an honorary award revoked will return to the University the certificate or other document awarded in respect thereof and cease reference to the holding of the degree or other academic award.

(18) Where a person declines to return to the University the certificate awarded, or continues to make reference to holding the honorary degree or award, the Council may request the University Secretary to publish on the University website and in such other mediums as may be appropriate a notice that the honorary degree or award has been revoked.

(19) Conferral of an award under the Governance (Honorary Awards and Titles) Rule, or other rule or policy as approved by the Council, includes a delegation for revocation of the same.

Transitional and Savings Provisions

(20) This Rule applies to awards conferred or granted whether before or after its date of commencement.

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Section 3 - Glossary

(21) In this Rule:

  1. Act - means the Charles Sturt University Act 1989.
  2. Award - means a degree (including an honorary degree), diploma, certificate, licence or title (including an honorary title) conferred or granted by the Charles Sturt University Council.
  3. By-law - means the Charles Sturt University By-law 2005.
  4. Council – means the University Council established under part 3 of the Act.
  5. Fraud - includes, but is not limited to:
    1. an untrue or misleading certification by a candidate in respect to certification of originality of a thesis or work submitted in full or partial satisfaction of the requirements for the higher degree
    2. the use of material in any thesis or work which was knowingly false or fabricated, or with reckless disregard for the same
    3. knowingly, or recklessly, appropriating the ideas or work of another person and passing them off as one's own, or
    4. admission to a course or subject based on information known to be inaccurate or incomplete, or which should reasonably have been known to be inaccurate or incomplete.
  6. Honorary Award - is an award made under the Governance (Honorary Awards and Titles) Rule.
  7. University Secretary - means the Secretary appointed under the By-law and includes a person or persons appointed to act on behalf of the Secretary from time to time.

(22) In this Rule, unless the contrary intention appears:

  1. a word or term that has not been defined in this Rule has the same meaning attributed to that word or term in the Act or By-law
  2. a reference to an officer of the University includes any person acting in that position
  3. headings and notes do not form part of this Rule.