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General Rules Regarding Misconduct and Performance Issues

Zealive Institute is committed to acting in good faith and being fair and equitable in managing students’ misconduct and performance issues. Where possible, the institute will provide support to the students regarding their misconduct and performance issues.

The rules and regulations regarding student discipline will be clearly communicated to all students as part of their student information given upon enrolment.

Disciplinary Procedures

The below outlines the process to be followed for all students after misconduct or performance issues have been identified. Throughout the process, there will be ongoing communication between the institute and the student to keep the student informed of the details of the issues identified and the actions the institute intends to take. The student will also be given the opportunity to respond and input into the disciplinary process.

Any decision regarding student misconduct and performance will be based on the facts of the situation and will not be predetermined. All processes and decisions will meet the requirements of relevant legislation, guidance and policies.

Standardly, a student will go through the below 3 stages before notice of dismissal is given:


  • When a student first engages in misconduct or has performance issues while attending the course, a verbal warning will be given. 

  • If the student fails to improve their behaviour or performance, a written warning will be issued. 

  • If the student persists with the offending conduct or performance issue, a second written warning will be issued.

If a student fails to improve their behaviours or performance after 3 warnings have been given, the institute may suspend or expel the student at its discretion. All warnings will be recorded. 

However, it is not a requirement for students to go through all of the above 3 stages as long as the institute has been acting in good faith and being fair and equitable in managing the students, the students are aware of dismissal as a potential outcome, and the Director, with help of the Academic Committee, considers there are reasonable grounds for dismissal. For example: 


  • If the student uses drugs or alcohol on the premises during course hours or comes to class under the influence of drugs or alcohol, they will face disciplinary procedures and /or instant expulsion. 

  • Should the student cause harm (mental or physical) to any member of staff or other students while attending the course, they will be suspended and/or expelled depending on the seriousness of the incident.


Collusion means working with other people to produce work that the student then presents as being his/her own. Collusion includes, but is not limited to:

  • Writing the whole or part of an assignment with another person;

  • Using another person’s notes to prepare an assignment;

  • Using another person’s resource materials if they have been annotated or parts of them have been highlighted or underlined by that person;

  • Allowing another student who has to submit an assignment on the same topic, to have access to the student’s own assignment in a way that would give that other student an advantage in submitting their assignment.

What is NOT cheating?

Students are not cheating if:

  • They discuss assignments, projects and any course material with others – there is no better way to learn than this. But the discussions must stop short of preparing answers together, or telling other students how they have answered the question.

  • One assessment is submitted for a group if this is allowed by the assessment

  • They hand in work for which they have received some help, so long as that assistance has been approved in advance by the tutor, and is acknowledged properly in the assessment.

Procedure to Investigate Academic Misconduct

When a student is suspected of academic misconduct, a staff member will, at the earliest opportunity, investigate the situation and prepare a report on the matter. This report will be submitted to the Director within 7 days of the alleged event. Where the event occurs during a formal assessment session, the tutor or other individual assessor will use their own discretion to determine whether the student should be allowed to continue the assessment without the offending material, or whether the student should be asked to leave the room.

The Director will nominate an appropriate member of staff:

  • To review the documentation; and

  • To interview the student and any other relevant persons; and

  • To prepare a report for the director in conjunction with the independent chair and if necessary the institute lawyer indicating whether the student is guilty of academic misconduct (or any other offence).

Where the student is found to be guilty of academic misconduct in the steps above, the Director and the relevant teaching staff will determine an appropriate penalty, from the range given below.


If a student breaches the assessment regulations above, one or more of the following penalties will be applied:

  • The student will be graded as Not Yet Competent and may be allowed to re-sit the assessment if that is in accordance with the resit policy.

  • When the assessment is a resit the student will be required to enrol and study the unit again (which will involve paying all fees for the term).

  • They may be excluded from the institute for a period of up to 2 years.


Review of Decisions

A student who does not agree with the decision or the penalty regarding an offence may lodge an appeal following the Appeal Against Disciplinary process.

Serious Misconduct

Serious misconduct is when a student does something that undermines or destroys the relationship of trust and confidence between students and the institute.

Students engaged in serious misconduct will be provided with the opportunity to explain their conduct and their response will be recorded for review by the Academic Committee. 

The Director, with the support of the Academic Committee, will decide the appropriate disciplinary actions by considering all the facts. Depending on the circumstance, students can be immediately expelled without the need to follow the student discipline process.


Harassment is unlawful under both the Employment Contracts Act 1991 and the Human Rights Act 1993. A company that permits harassment and individuals, who harass, may be legally liable if harassment occurs. Many of the issues that constitute harassment are also offences or crimes.


Harassment is written, visual or physical conduct in relation to race, colour, ethnic or national origin, gender, age disability, marital or family status, religion, ethical belief, political opinion, sexual orientation, or health status and is:

  • Unwelcome or offensive to the recipient;

  • Of a serious nature or persistent to the extent that it has a detrimental effect on the individual’s learning ability.

Any person who is concerned at any time about harassment is encouraged to initially take up the issue with the person(s) concerned.

Any person who is concerned at any time about harassment may confidentially approach the Administrator.

The school views any harassment seriously and anyone found to be harassing another person, client or staff member will be dealt with accordingly.


Victimisation may be seen to occur when any person treats or threatens to treat any person less favourably than he or she would treat other persons in the same or substantially similar circumstances because they:

  • Made use of their pathways to redress issues outlined in these policies; or

  • Encourages another person to make use of pathways for redress; or

  • Is currently involved in any way in any respect of these pathways.

Allegations of sexual harassment or other serious offences will be presented to the Management Team for resolution.

Unlawful Discrimination

Discrimination is only unlawful when it occurs in one of the prohibited grounds and in one of the prohibited areas of public life. Other forms of discrimination are also unlawful, including racial disharmony, racial harassment, sexual harassment and victimization.


Anti-bullying policy applies to the whole institute community in their relationships with students, teachers, management, management team, parents and staff.

The directors have a statutory obligation to ensure that a policy is in place that reflects the principles and values of the educational philosophy of the institute.

Involving and encouraging all members of the institute community in developing, formulating and reviewing this policy on bullying, promotes partnership, ownership and implementation of a living policy.

Statement on Bullying

Zealive Institute’s statement on Bullying is as follows:

  • Every person in the institute is entitled to respect and to be free of any type of bullying.

  • The institute will work proactively, as far as it can, to ensure that bullying does not take place.

  • Reporting incidents of bullying is responsible behaviour.

  • A record will be kept of all reported incidents of bullying.

  • The matter will be dealt with seriously.

  • The institute has a programme of support for both the bully and the bullied.

  • Appropriate action will be taken to ensure that it does not continue.

Anti-Bullying Policy - Students

Consultation with education partners through:

  • Discussion and agreement with students through Staff/Student Forum.

  • Contribution from parents.

  • Input from staff as agreed at Staff Meetings.

  • It is School policy to provide education on bullying in the following manner:

    • A Mentor/Buddy system is in place, where students are paired with other students at the start of the new academic year; training is provided on how to be a good mentor/buddy. This pairing continues for the academic year.

    • New students, who join the institute at other times, are allocated a buddy – ideally, this is another student from within the same year group.

    • Positive reinforcement of behaviour for the better good of the community is encouraged.

The institute has an excellent pastoral care system in place, and reports of all incidents (wherever they may have been reported) will be filtered through the student's Tutor, who is the primary person for the pastoral care of the student in her/his class.

Procedures for Noting and Reporting Incidents of Bullying:

Students should discuss any incident of bullying with a teacher or another trusted staff member within the institute system; this is responsible behaviour rather than “telling tales”.

Parents/guardians should contact the Tutor regarding incidents of bullying behaviour which they might suspect or that have come to their attention.

Incidents of bullying behaviour, no matter how trivial, which are drawn to the attention of a teacher, will be dealt with in the following manner:

  • Appropriate personnel will interview all of the students involved in a bullying incident.

  • The alleged victim and alleged perpetrators of the incident will be spoken to and encouraged to solve the problem.

  • The alleged victim and perpetrators will be invited to write down any relevant details and a “Bullying Report Form” will be completed. Written statements from all involved in the incident will be attached to the Report Form.

  • All interviews will be conducted with sensitivity and with due regard to the rights of all pupils involved.

  • Records will be kept of all incidents and of the procedures that were followed.

The Tutors will be kept informed of all incidents and have access to relevant written records.

The director will monitor the progress of students involved in a bullying incident by liaising with the tutors and students involved (separately) at follow-up meetings.

Where the incident is deemed to be minor, a verbal warning will be given to the bully to stop the inappropriate behaviour, pointing out how she is in breach of the Code of Behaviour and trying to get her to see the situation from the victim’s point of view. If deemed appropriate, a guardian may be contacted however the student’s privacy must be taken into account. The incident will no longer be considered if there is no recurrence within that academic term.

If there is a serious incident, perhaps repeated verbal assault or coercion, the matter should be reported to the Director, and appropriate sanctions applied.

Where the incident is deemed to be more serious (e.g. gross misbehaviour or physical assault), the Director or the Director should be informed immediately and she/he will call a Management Team Meeting if necessary.

Offenders and victims of bullying may be referred to counselling.

Sanctions may include:

  • A contract of good behaviour

  • College community service

  • Withdrawal of privileges

  • Other sanctions as may be deemed appropriate

  • Suspension

  • Expulsion

In the case of a complaint regarding a staff member, this should be referred immediately to the Director.

Where cases, relating to either student or teacher, remain unresolved at the institute level, the matter should be referred to the Management Team.

In order to appeal a decision, a student may request a review by writing to the Director.

Performance Issue

Performance issue arises when a student fails to meet some or all of the course requirements that have been communicated to them. Examples of performance issues include, but are not limited to:

  • Not achieving assessments

  • Not engaging in class activities

  • Not making improvements after a performance issue has been identified and addressed informally by a tutor

If a student’s performance issue is found to be related to learning difficulties, the institute will address the performance issues through its student progress support process.

However, if a student’s performance issue is found to be related to misconduct or any other issues that are not related to learning difficulties or the student refuses to participate in the support process, the disciplinary process outlined in this policy may be used.

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