Student Misconduct - Investigative Interview

What is an Investigative interview?

When an incident is reported to Deakin that alleges a student may have breached The Student Code of Conduct, Deakin offers the opportunity for the reporter, witnesses and alleged offender to take part in separate interviews to determine context and version of events surrounding the reported incident.

I have received a request for an Investigative interview. What should I do?

If you get invited to an Investigative discussion, you can choose to either attend or decide not to attend. Attending the interview will give you the opportunity to give context to your actions and explain your account of the circumstances that Student Conduct is questioning you about. Participating in the interview is typically voluntary; however, choosing not to participate may result in decisions being made based on the information that Student Conduct has available.

What occurs during an investigative interview?

The investigative interview is conducted by a Secretary for the Student Conduct team.

The Secretary will ask you questions that are related to the reported incident and provides you with an opportunity to voice your reflection, context and version of events.

The investigative interview is part of a formal process to gather information and determine whether there is sufficient evidence to proceed with an allegation of Student Misconduct. Information disclosed, statements made, or evidence provided during the interview may be used by the University in determining whether to progress the matter and may strengthen the University’s ability to make formal findings.

What happens if I don't attend the Investigative interview?

The Student Conduct Panel will make a decision of whether or not to proceed to a Student Misconduct Allegation after investigating the information that they have been provided from either interviews, reports and/or witnesses. You will just not be able to respond prior to receiving formal correspondence.

Can I take someone to the investigative interview with me?

Yes, students can request a support person (including a DUSA Advocate) to be in attendance with them, but there are some rules that the support person must follow.

Your support person:

• Must not answer questions on your behalf
• Must not be a practicing lawyer

DUSA Advocates provide procedural support and help ensure the process is conducted fairly. Advocates may request breaks, seek clarification on procedural matters, and ensure you understand the questions being asked. Advocates may assist you before and after the interview, including reviewing the process and discussing next steps.

DUSA Advocates do not provide legal advice or act as legal representatives.

Can I provide evidence prior, during or after the interview?

Yes, you can provide evidence at all points listed above, however, we encourage students to provide relevant documentation to their Advocate for review and guidance prior to providing to Student Conduct.

This may include emails, messages, supporting documents, or other supporting materials.

What are the potential outcomes of the investigative interview?

The outcomes of a Student Conduct Investigative Interview include:

• Student Conduct may decide to refer the matter to the Student Misconduct Committee, which may result in a Student Misconduct Allegation from the evidence provided to them in the Investigative Interview. If you receive a Student Misconduct Allegation, you can book an appointment with a DUSA Advocate to discuss your response. You will receive an Evidence Binder with evidence regarding your case and de-identified information if other people have provided evidence. A list of the types of conduct and behaviours considered to be Student Misconduct can be found in the Vice-Chancellor Regulations (Part 1.4, page 2).
• Student Conduct may determine that a different intervention is more suitable than referring the matter to the Student Misconduct Committee, such as a behavioural reminder.
• Alternatively, you may not receive a Student Misconduct Allegation as The Student Misconduct Committee may determine that you have not breached The Student Code of Conduct , and your case may be closed after the interview process and investigation concludes.

When will I know the Committee’s decision?

Unfortunately, there is no timeline for the Student Misconduct team to inform you of the outcome. However, Student Misconduct aims to work within a 45-day timeframe from when the investigation commences to when the case is closed.

Will the University keep a record of the Investigative Interview?

Students will be provided with a copy of the Interview summary from Student Conduct to confirm that the information is correct and an accurate reflection of the discussion that took place.

Following this, if no further action is taken, the summary will be saved securely in Deakin’s case management system, and the case will be closed. Students will be notified if an allegation will not proceed following an investigative interview.

Can the information from my interview with Student Misconduct be used later in other proceedings?

Yes. The statements made and evidence provided during the University process may be requested, disclosed, or used in external processes, including criminal or legal proceedings.

DUSA Advocates do not provide legal advice or act as legal representatives. A DUSA Advocate can discuss your concerns about the reported incident and provide advice on whether seeking independent legal advice prior to participating in the interview is recommended.