S.L. 327.535 Art. 5Types of misconduct.

(1) For the purposes of these regulations, "misconduct" includes any intentional or reckless action, being any one or more of the following:

(a) conducting oneself in any manner which, to any extent impairs, or is intended to impair, the reasonable freedom of oneself or other persons to pursue their studies, research, duties or lawful activities at the University or to participate in the life of the University;

(b) disobeying, breaching, or failing to observe any provision of any statute, regulation or bye-law or any resolution or direction of the Council or the Senate of the University;

(c) disobeying any reasonable instruction or direction given by a staff member;

(d) using inappropriate language with regard to a staff member, an employee or a student, whether in person, in writing, by email, via the internet (including social media) or otherwise verbally, by word, by written or by electronic means;

(e) acting dishonestly or unfairly in connection with any Assessment conducted by or within the University or with the preparation or presentation of any assignment, dissertation or thesis or other work, as governed by the University Assessment Regulations, including falsifying or forging any signature of any staff member in relation to the submission or correction of any assessment, logbook or official form, or acting in any manner that is manifestly irregular and that exhibits bad faith on the part of the student in relation to an assessment;

(f) assaulting, attempting to assault, threatening any person, or acting in any manner which may be considered violent or which is likely to cause injury or to impair the safety of others in a University context;

(g) harassing and bullying any one or more of the following persons:

(i) any staff member, employee or student as detailed in the University of Malta Harassment and Bullying Policy (available at http:// www.um.edu.mt/__data/assets/pdf_file/0018/ 210645/harassmentbullyingpolicy.pdf;

(ii) any person being a visitor to any campus of the University or any premises from which the University or a Faculty is operating;

(iii) any person not being a staff member, employee or student when such harassment or bullying is effected during the course of any activity that is being undertaken on premises from which third parties are operating, where such activity is being undertaken by the student as part of his course or programme or study-unit or in fulfillment of an assessment or placement required by his course or programme or study unit, whether in part or in full, provided that for the purposes of sub-paragraphs (ii) and (iii) of this paragraph (g), the terms "harassment" and "bullying" shall have, mutatis mutandis, the same meaning as assigned to them in the University of Malta Harassment and Bullying Policy referred to in sub-paragraph (i) of this paragraph (g);

(h) sexually harassing any one or more of the following persons:

(i) any staff member, employee or student as detailed in the University of Malta Sexual Harassment Policy (available at: http:// www.um.edu.mt/__data/assets/pdf_file/0017/ 210644/sexualharassmentpolicy.pdf);

(ii) any person being a visitor to any campus of the University or any premises from which the University or any Faculty is operating;

(iii) any person not being a staff member, employee or student when such harassment is effected during the course of any activity that is being undertaken by the student as part of his course or programme or study-unit or in fulfilment of an assessment or placement required by his course or programme or study-unit, whether in part or in full, provided that for the purposes of sub-paragraphs (ii) and (iii) of this paragraph (h), the term "sexual harassment" shall have, the same mutatis mutandis, meaning as assigned to it in the University of Malta Sexual Harassment Policy referred to in sub-paragraph

(i) of this paragraph (h);

(i) entering any place within any campus of the University or any premises from which the University or a Faculty is operating which the student is unauthorized or forbidden to enter by a statute, regulation or bye-law, or by any direction given to him by any staff member or any other direction from any other University authority as relevant to the circumstances;

(j) failing to leave any place within any campus of the University or any premises from which the University or a Faculty is operating forthwith upon being directed to leave such place by a staff member;

(k) intimidating, obstructing, disturbing, delaying or influencing improperly, or attempting so to do, any member of any board or committee set up under any statute or regulation or bye-law of the University or any witness who is appearing or who has been called to appear before any such board or committee;

(l) damaging, defacing, destroying, misappropriating or in any other manner wrongfully handling or dealing with any goods or property (movable or immovable) belonging to the University, or any goods or property (movable or immovable) found in any place within any campus of the University or any premises from which the University or any Faculty is operating;

(m) wilfully obstructing or attempting to deter any staff member in the performance of their duties;

(n) undertaking any of the following in connection with any assessment:

(i) impersonating another student or preparing any assignment, dissertation or thesis or other work that is to be submitted by another student for an assessment, including also any such work that is to be submitted by other students following online courses;

(ii) entering into any agreement with another student in order to undertake any action listed in sub-paragraph (i) of this paragraph (n), even though such action may not in fact have taken place;

(iii) where the assessment is an examination, at any time prior to such examination, attempting in any manner procure such material that constitutes a model or draft intended to be the examination paper or actual examination paper to be used for assessing students on that given examination, or bribing, or attempting to bribe, any staff member or employee for the purposes of obtaining access to such examination paper, or, having seen or come across such examination paper in whatever form, not reporting such matter to the Dean;

(o) obstructing any teaching, research, assessment session or extra-curricular activity or official meeting or proceeding of the University;

(p) refusing to disclose one’s name and other relevant details to a staff member or employee in any circumstances where it is reasonable to require that information to be requested and supplied;

(q) violating the provisions of the University’s Library Regulations (available at: http://www.um.edu.mt/ library/about/regulations);

(r) violating the provisions of the University’s IT Services Acceptable Use Policy (available at: http:// www.um.edu.mt/itservices/policies/aup);

(s) using the name or crest of the University or the names of staff members or employees or faculties or of any of the departments, units or offices of the University, without authorization;

(t) falsifying or attempting to falsify a record of achievement obtained at the University including but not limited to scrolls, diploma supplements and transcripts, or presenting for admission or for other purposes a falsified record of achievement purported to be obtained from another institution;

(u) falsifying or attempting to falsify any official University documents including attendance records (including signatures of lecturers, mentors, demonstrators or other persons authorized to sign the relevant documents) for lectures or placements or laboratory sessions or any teaching activity for oneself, or for another Student, or having another Student or any other person falsify attendance records on one’s behalf;

(v) recording lectures without the explicit permission of the lecturer, or selling or distributing for commercial purposes notes, transcriptions, or outlines of lectures, or any course materials, in any programme of study;

(w) abusing of alcohol or drugs in a University context or otherwise, provided that in this context “abuse of drugs” is defined as the using, possessing, offering or selling drugs to any person;

(x) abusing of alcohol during an event, or in connection with an event where alcohol is served or permitted to be consumed, and which is held, sponsored, or supported by any student society, whether in a University context or otherwise; or

(y) conducting oneself in any manner which could be deemed to cause, or potentially cause, harm or disrepute to the University.

(z) non-adherence to the University’s Research Code of Practice (available at:https://www.um.edu.mt/__data/ assets/pdf_file/0011/338942/ResearchCodeofPractice.pdf) and to the University’s Research Ethics Review Procedures (available at: https://www.um.edu.mt/__data/ assets/pdf_file/0006/338901/ ReserachEthicsReviewProcedures.pdf) as approved by Senate.

(2) A Dean may also file a complaint with the Rector regarding a student in relation to any other intentional or reckless action which is not included in sub-regulation (1), but which, in the opinion of the Dean, is tantamount to misconduct due to the questionable nature of the behaviour in a University context.

(3) Where a Student is subject to any criminal proceedings in relation to any action that amounts to misconduct under sub-regulations (1) or (2), such fact shall not in any manner prejudice the initiation or continuation of disciplinary proceedings by the University in the student’s regard in terms of these regulations.

(4) If a student is subject to, or convicted of, criminal proceedings in relation to an alleged offence (whether a crime or contravention, as defined in the Criminal Code, in respect of which a term of imprisonment may be imposed upon conviction by way of a direct punishment, such student shall promptly inform the Dean in writing, who shall refer such matter to the Rector. The Rector may, at his discretion, refer the matter to the Committee, on the advice of which he may impose such disciplinary measures as may be deemed fit.

(5) If a Student is convicted of an offence (whether a crime or contravention, as defined in the Criminal Code, of such severity that a term of imprisonment may have been imposed by way of a direct punishment (whether or not a term of imprisonment was in fact imposed), the Dean shall refer the matter to the Rector. The Rector may, at his discretion, refer the matter to the Committee, on the advice of which he may impose such disciplinary measures as may be deemed fit.