Policy Redesign Project

All policies and procedures are being reviewed as part of this project. This document is pending review, but remains in effect until the review is carried out.

Student Appeals and Complaints

Establishment: Council, 13 December 1991 
Last Amended: Council, 9 March and 25 May 2017
Nature of Amendment: Consequential to the repeal of statutes
Date Last Reviewed: May 2017
Responsible Officer: Deputy Vice-Chancellor (Students)

Section 1:  Jurisdiction

The Student Appeals Committee will hear complaints and appeals arising from the policies on:

  • Assessment
  • Student Progress
  • Enrolment
  • Academic Integrity

and other Council policies, not listed above, which provide for recourse to the Student Appeals Committee.

The Committee will also hear complaints and appeals arising from determinations in regard to the following matters, details of which are set out below:

  • academic programs;
  • committee decisions on academic matters other than where an appeals process is specified in the relevant Council policy;
  • administrative operations or decisions relating to academic matters.

The Student Appeals Committee will also hear appeals arising from higher degree research studies (refer to the Research Higher Degree Policies and Procedures).

Complaints concerning unlawful discrimination, harassment and bullying are not dealt with under this policy and they should be referred to the Equal Opportunity Unit.

 

Section 2: Appeals Principles 

2.1  There should be provision for a process of informal consultation before a formal complaint or appeal is made. This will provide an opportunity to achieve a satisfactory outcome for those matters which can be resolved in such a way.

2.2  If the matter cannot be resolved informally, students may lodge a formal complaint or appeal in writing. Receipt of the formal complaint or appeal will be acknowledged in writing within ten working days and all reasonable measures will be taken to finalise the process as soon as practicable.

2.3  The lodgement by a student of a formal complaint or appeal will not incur a fee.

2.4  Students should make complaints or appeals responsibly and the University will treat them seriously and with regard to the rights of all parties, but there should be provision to protect the University from vexatious or malicious complaints.

2.5  The rights of all parties involved in an appeal or complaint should be protected.

2.6  The student appeals process will be administered in accordance with principles of natural justice and fairness to all parties.

2.7  Each party involved in an appeal or complaint may be accompanied and assisted by a support person at any relevant meeting.

2.8  All parties involved in an appeal or complaint must be kept informed regularly, in writing, of progress or outcomes, including the reasons for the outcome.

2.9  A student may remain enrolled in his/her course of study pending the outcome of an appeal, including enrolment in any topic for which the topic under appeal is a prerequisite, unless it is demonstrated to the satisfaction of the Deputy Vice-Chancellor (Students) that the University's duty of care to the public is such that the student should not be permitted to continue his/her enrolment . In determining the matter the Deputy Vice-Chancellor (Students) will take into account material presented by the faculty and the student. If the appeal is denied, the student will be required to withdraw from any topic for which the topic under appeal is a prerequisite or to withdraw from the entire award course if failure in the topic under appeal makes him/her ineligible for re-enrolment in the course.

2.10  A student may refer a complaint or appeal arising from the university's internal complaints and appeals process to a relevant external agency.

2.11  Implementation of any decision and/or corrective and preventative action must be immediate.

 

Section 3: Student Appeals Committee 

3.1  There will be a Student Appeals Committee which will be a committee of the Academic Senate and which will hear appeals arising from proceedings under the provisions of student-related Council policies. The Student Appeals Committee is established to hear complaints and appeals in one or more of the following situations: the appropriate policy was not adhered to or correct procedures were not followed in considering the matter; the decision was made without due regard to facts, evidence or circumstances; the penalty, where applicable, was too harsh.

3.2  The Student Appeals Committee will comprise:

3.2.1  a Chairperson who will be the Deputy Vice-Chancellor (Students) or one of two alternates appointed by the Deputy Vice-Chancellor (Students)

3.2.2  three members of academic staff appointed by and from the Academic Senate as specified below in Clause 3.2.4, and

3.2.3  the President of the Student Council of Flinders Campus Community Services or an alternate (as specified in Clause 3.2.6 below). 
 
No member of a Student Appeals Committee may sit on an appeal hearing if he or she was involved at any stage in the decision under appeal.

The Academic Senate will appoint from its own membership:
 
3.2.4  six academic staff members (one from each college), of whom three will sit in each appeal;

3.2.5  alternate members drawn from the academic staff members of the Academic Senate to sit when members are not available or have been involved in the decision under appeal.

3.2.6  alternate student members to sit when the President of the Student Council is unavailable or has been involved in the decision under appeal.

The Academic Senate, in establishing the membership of the committee, must ensure a suitable gender balance is maintained.

3.3  A member of the committee may continue to act as a member for the duration of an appeal even if he or she loses the status which was the qualification for membership. Notwithstanding this provision, the committee may continue to hear an appeal even if one or more members are no longer able to serve on it, provided the quorum is maintained. Except where it is necessary to maintain the quorum, a new committee member whose term of office commences during the course of an appeal hearing should not participate in that particular hearing.

3.4  The quorum of the committee is three persons, one of whom must be the Chairperson.

3.5  The Manager, Student Policy and Projects must appoint a non-voting secretary to the committee. The secretary must keep confidential minutes of all committee meetings concerned with appeals and is responsible for ensuring that these are retained securely.

 

Section 4:  Complaints Relating to Academic Programs 

4.1  Students may raise a problem or issue relating to academic programs, for example, the content or structure of a topic, or of a whole course, or its means of assessment, to the person or body with immediate responsibility, viz:

4.1.1  the Topic Coordinator, for complaints relating to a particular topic;

4.1.2  the Director of Studies or Dean of School, for complaints relating to topics and academic procedures generally;

4.1.3  the Head of the Faculty for complaints relating more generally to a course, or faculty policies concerning curriculum, teaching or assessment.

4.2  Alternatively, students may make a complaint about such a matter in the appropriate committee through one of their student representatives, or by personal approach to the Secretary or Chairperson of the relevant body, ie:

4.2.1  the appropriate School committee (where such exists)

4.2.2  the Faculty Board (or the relevant committee of the Faculty Board)

4.3  Complaints may be made orally or in writing. Oral complaints will be dealt with informally.

4.4  A person receiving a written complaint will acknowledge its receipt in writing within ten working days, and will reply in writing within one month informing the complainant(s) of the outcome of the complaint, or stating what progress has been made and when the next report to the complainant(s) will be made, and so on, until the matter is resolved. Where a complaint has a particular impact on individual staff member/s responsible for a topic, the staff member/s will be kept fully informed as to the progress of the matter.

4.5  Responsibility for dealing with the complaint may be transferred to a Director of Studies, Dean of School, or Chairperson of a relevant committee, but the complainant(s) must be kept informed as to who has carriage of the matter at any time.

4.6  Where a student has raised a matter, informally or formally, at the School level and is not satisfied with the outcome, the student may make a specific and formal complaint to the Executive Dean of the Faculty. The Executive Dean of the Faculty may deal with the complaint personally or may refer it to a nominee, a faculty committee or the Faculty Board. Where the complaint is referred to a committee, the student may request an interview with the Chairperson of that committee to discuss the case. If requested, an interview will be granted. The student may be accompanied at the interview by a staff or student member of the University or a representative of Flinders Campus Community Services. Once a decision has been made on the complaint, the Executive Dean of the Faculty will inform the student in writing of the outcome, and the reasons for the decision.

4.7  If the matter is not resolved to the satisfaction of the complainant, he or she may appeal to the Student Appeals Committee. Such an appeal may only be made on one or more of the following grounds: the appropriate policy was not adhered to or correct procedures were not followed in considering the matter; the decision was made without due regard to facts, evidence or circumstances; the penalty, where applicable, was too harsh.

Such an appeal must be lodged with the Manager, Student Policy and Projects within 20 working days of the date of the dispatch of the notification from the Executive Dean of the Faculty. The appeal must: be accompanied by a copy of the letter the student has received from the Executive Dean of the Faculty; include details of the complaint and details of the action which the student has taken thus far and the grounds for the appeal, including the evidence in support of the student's case, together with supporting documentation; specify what outcome was being sought.

 

Section 5:  Appeals Against Committee Decisions 

5.1  The following provisions apply to appeals by individual students against committee decisions relating to academic matters other than assessment or breaches of academic integrity or review of student progress. Examples of such applications are: credit transfer, permission to exceed the specified time limit on a program of study. Decisions of the former Academic Board, the Academic Senate and the Council are not subject to appeal under this policy.

5.2  A student wishing to query or appeal against a decision made by a committee should in the first instance discuss the matter with the Secretary or the Chairperson of that committee. The Secretary or Chairperson will inform the student of the reasons for the decision.

5.3  The student may then make a written request for the committee to review its decisions and lodge this with the Secretary. The request should include the grounds for the appeal against the decision and any new information in support of the application which the student has not previously provided.

5.4  The Secretary will arrange for the matter to be considered by the committee as expeditiously as possible and not later than the next scheduled meeting. The student may request an interview with the Chairperson of that committee to discuss the case. If requested, an interview will be granted. The student may be accompanied at the interview by a staff or student member of the University or a representative of Flinders Campus Community Services. Once a decision has been made on the appeal, the Secretary will notify the student in writing of the outcome and the reasons for the decision.

5.5  Where the decision has been made by a faculty committee and the student is dissatisfied with the outcome after a review by that committee, the student may appeal in writing to the Executive Dean of the Faculty stating the grounds for the appeal and including any new information which the student has not previously provided. The Executive Dean may deal with the matter personally or may refer it to a nominee, a faculty committee or the Faculty Board. The Executive Dean of the Faculty will inform the student in writing of the outcome of the appeal, and the reasons for the decision.

5.6  If the student is still not satisfied with the outcome, he or she may appeal to the Student Appeals Committee. Such an appeal may only be made on one or more of the following grounds: the appropriate policy was not adhered to or correct procedures were not followed in considering the matter; the decision was made without due regard to facts, evidence or circumstances; the penalty, where applicable, was too harsh.

Such an appeal must be lodged with the Manager, Student Policy and Projects within 20 working days of the date of the dispatch of the notification from the Executive Dean. The appeal must: be accompanied by a copy of the letter the student has received from the Executive Dean; include details of the action which the student has taken thus far and the grounds for the appeal, including the evidence in support of the student's case, together with supporting documentation; specify what outcome was being sought.

 

Section 6: Complaints Concerning Other Decisions Relating to Academic Matters

6.1  The following provisions apply to complaints by individual students concerning some action, inaction, procedure or decision relating to academic matters. Examples of such matters are: students' academic records and matters arising from these such as calculation of the student contribution amount or tuition fees; requests for refund of tuition fees; administration of admission to courses of study; administration of topic enrolment quotas; administration of examinations; administration of student applications associated with courses of study eg credit transfer, enrolment in a topic without having satisfied the prerequisite, late withdrawal from a topic without failure; failure by the relevant person or body to act on the directions of a Student Appeals Committee.

Decisions relating to requests for refund of student contribution amounts or remission of Higher Education Loan Program (HELP) debts, which may be appealed to the Administrative Appeals Tribunal (AAT), are not subject to complaints under the terms of this policy.

Decisions relating to non-academic matters eg parking and student loans are not subject to complaints under the terms of this policy.

6.2  Students wishing to make a complaint about a matter as defined in Clause 6.1 above, in the first instance should direct this complaint to the person with immediate responsibility for the matter (or the person likely to have responsibility for this function, if the situation is not clear). A student who is uncertain where to direct a complaint should contact the relevant Faculty Office or Enrolment Services in the first instance.

6.3  Complaints may be made orally or in writing. Oral complaints will be dealt with informally.

6.4  The person approached will ascertain the nature of the complaint or problem, and either take immediate steps to have it rectified, or refer the matter to the staff member with the authority to investigate it and, if necessary, initiate reform or redress. This will be done either by referring the student directly to the staff member's supervisor, or by informing the staff member in writing of the complaint, and informing the student to whom the complaint has been referred.

6.5  The staff member who accepts responsibility for investigating the complaint will acknowledge in writing receipt of a written complaint within ten working days and must deal with the complaint (whether oral or written) as expeditiously as possible. The staff member must inform the student whether it is accepted that the complaint has substance and, if so, what is to be done by way of redress or rectification. If the matter remains under consideration for a prolonged period, the staff member must provide the student with a regular (monthly) report, in writing, on progress until the matter is resolved.

6.6  If a complaint is found to have substance, the staff member who took responsibility for dealing with it will consider whether other students' interests could be, or could have been, affected by the problem experienced by the complainant. The staff member must take whatever steps are practicable to ensure equitable treatment, and must also recommend any changes to procedures which might prevent a recurrence of the problem.

6.7  A student dissatisfied with the outcome of such a complaint may submit a written complaint to the Deputy Vice-Chancellor (Students) who, in dealing with the matter, will generally follow the procedures set out above in this section. The Deputy Vice-Chancellor (Students) will inform the student in writing of the outcome of the complaint, and the reasons for the decision.

6.8  A student who is still dissatisfied with the outcome may appeal to the Student Appeals Committee. Such an appeal may only be made on one or more of the following grounds: the appropriate policy was not adhered to or correct procedures were not followed in considering the matter; the decision was made without due regard to facts, evidence or circumstances; the penalty, where applicable, was too harsh.

Such an appeal must be lodged with the Manager, Student Policy and Projects within 20 working days of the date of the dispatch of the notification from the Deputy Vice-Chancellor (Students). The appeal must: be accompanied by a copy of the letter the student has received from the Deputy Vice-Chancellor (Students); include details of the action which the student has taken thus far and the grounds for the appeal, including the evidence in support of the student's case, together with supporting documentation; specify what outcome was being sought.

 

Section 7: Implementation of the Outcome of Upheld Appeals

If an appeal arising from the application of the Enrolment, Assessment, Academic Integrity, Research Higher Degrees and Student Progress policies and procedures, is upheld, the actions specified in Clauses 7.1 to 7.5 below may be taken by the Student Appeals Committee.

The outcomes of appeals arising from other matters are outlined in Clause 7.8  below.

7.1  Appeals against the outcome of a request for the re-mark of an assessment exercise

The following actions may be taken by the committee:

7.1.1  In cases where a re-mark has not occurred, direct the Dean of School to arrange for a re-mark in accordance with the provisions for re-marking of assessment exercises in the Assessment Policy and Procedures.

7.1.2  In cases where a re-mark has occurred but, in the opinion of the Student Appeals Committee, this was not properly conducted, direct the Dean of School to arrange for a further re-mark in accordance with proper procedures.

7.1.3  Refer any general policy issues arising from a particular case to the relevant committee or staff member for further consideration.

7.2  Appeals against final topic grades

The following actions may be taken by the committee:

7.2.1  Direct the relevant Topic Coordinator to arrange the assessment of the student's work in accordance with the requirements for the topic as approved by the faculty. (Where full compliance with the original assessment requirements is not practicable, eg replication of field trip work, drama performance, the committee, in consultation with the faculty and the appellant and the person who accompanied the appellant at the meeting, may direct that an appropriate alternative arrangement be substituted.) If an amendment to the final grade is recommended as a result of this assessment, the Topic Coordinator must submit this recommendation to the Examinations Board for approval in the normal way.

7.2.2  Direct the Examinations Board to review the final grade taking due account of the student's application for special consideration, and, as appropriate, specify or negotiate the nature of the review.

7.2.3  Direct the Dean of School to arrange for the final grade to be reviewed by a suitably qualified person other than the staff member responsible for either the original assessment or for any reconsideration of the final grade already undertaken under the provisions of Clause 16 of the Assessment Procedures. The Student Appeals Committee may specify or negotiate the nature of the review. The reviewer may be from within the School, another School, or from another institution, and may include the Dean of School. The review may include: an arithmetic check of the calculation of the final grade; a re-mark of all examination scripts; a re-mark of assessment exercises.

The reviewer must ensure that the review is as independent as possible and must be given: all relevant documentation about the topic in question, including a description of its content, statement of assessment methods, information about assessment exercises, examination question papers and any available information about standards expected for each grade; the student's examination script(s); the student's assessment exercises (which means that those previously returned to the student will need to be provided by the student).

After the reviewer has independently determined the final grade, he or she must discuss this with the original assessor(s) and they must endeavour to reach an agreed grade. If agreement cannot be reached, the Dean of School will mediate and in the event of agreement still not being possible, will determine the outcome of the review. If an amendment to the grade is recommended as a result of the review, the Dean of School must submit this recommendation to the Examinations Board for approval.

7.2.4  Direct the Dean of School to permit the student to resubmit part or all of the work for an assessment exercise (within a specified time) for reassessment by the original assessor or an independent assessor. If an amendment to the grade is recommended as a result, the Dean of School must submit this recommendation to the Examinations Board for approval.

7.2.5  Direct the Examinations Board to permit the student to undertake supplementary assessment.

7.2.6  Refer any general policy issues arising from a particular case to the relevant committee or staff member for further consideration.

7.3  Appeals against review of student progress

The following actions may be taken by the committee:

7.3.1  Direct as appropriate the relevant Faculty to review its/their decision/s, taking into account any comments made by the Student Appeals Committee which may include a statement of that committee's own view of what the appropriate action should be; or it may negotiate a new finding with the faculty and the student.

7.3.2  Where the committee is of the opinion that the previous finding was inappropriate and there is sufficient evidence to enable it to reach a new finding without reference back to the faculty, the committee may determine a new finding.

7.3.3  Refer any general policy issues arising from a particular case to the relevant committee for further consideration.

Note: The procedures for appealing against the outcome of the review of a research higher degree student's progress are set out in Clause 18 of the Research Higher Degree: Policies and Procedures. In upholding an appeal against a review of a student's progress, the committee is not obliged to support the outcome requested by the student. For example, where a decision for termination has been overturned, other restrictions on the student's candidature may still be applied.

7.4  Appeals against outcome of application for re-admission to a course or for re-enrolment in a topic

The following actions may be taken by the committee:

7.4.1  Direct, as appropriate, the relevant Faculty to review its decision, taking into account any comments made by the Student Appeals Committee which may include a statement of that committee's own view of what the appropriate action should be; or it may negotiate a new finding with the faculty and the student.

7.4.2  Where the committee is of the opinion that the previous finding was inappropriate and there is sufficient evidence to enable it to reach a new finding without reference back to the faculty, the committee may determine a new finding.

7.4.3  Refer any general policy issues arising from a particular case to the relevant committee for further consideration.

7.5  Appeals against allegations of plagiarism and other breaches of academic integrity

The provisions of this clause will apply to appeals against the outcomes of proceedings under Clause 5 of the Academic Integrity policy. They do not apply to appeals concerning allegations of breaches of academic integrity arising from proceedings under Statute 6.4 Student Conduct.

The following actions may be taken by the committee:

7.5.1  Where the committee is of the opinion that there is insufficient evidence that the breach has occurred, the committee will cancel any penalties imposed by the Dean of School or nominee and direct that all records of the breach (other than those of the hearing by the Student Appeals Committee) are destroyed.

7.5.2  Where the committee is of the opinion that there is sufficient evidence that the breach has occurred but that the penalty imposed is too severe, the committee will determine a new penalty (in accordance with the provisions of sub-clause 4 of the Policy on Academic Integrity), in consultation with the relevant Dean of School or nominee.

7.5.3  Refer any general policy issues arising from a particular case to the relevant committee or staff member for further consideration.

7.6  Appeals against a determination arising from the conciliation and arbitration procedures relating to supervised higher degree research

The following actions may be taken by the committee:

7.6.1  Direct, as appropriate, the relevant faculty committee to review its decision, taking into account any comments made by the Student Appeals Committee which may include a statement of that committee's own view of what the appropriate action should be.

7.6.2  Refer any general policy issues arising from a particular case to the relevant committee for further consideration.

7.7 Appeals again final research higher degree thesis examination results

7.7.1 Direct that two new examiners be appointed to re-examine the thesis.  The appointment of the two new examiners must be in accordance with the requirements specified in Section 19 of the Research Higher Degrees Policies and Procedures.

7.7.2 Refer any general policy issues arising from a particular case to the relevant committee or staff member for further consideration.

7.8  General appeals and complaints

The provisions of this clause apply to appeals and complaints concerning: academic programs; committee decisions on academic matters other than where an appeals process is specified in the relevant Council policy; administrative operations or decisions relating to academic matters.

The following actions may be taken by the committee:

7.8.1  Direct the staff member who informed the student of the outcome of the complaint or earlier appeal (this will be the Executive Dean of the Faculty or the Deputy Vice-Chancellor (Students)) to arrange for a review of the decision, taking into account any comments made by the Student Appeals Committee which may include a statement of that committee's own view of what the appropriate action should be.

7.8.2  Refer any general policy issues arising from a particular case to the relevant committee or staff member for further consideration.

 

Section 8: Outcome of Appeals Which Are Not Upheld

Where the Student Appeals Committee has determined not to uphold an appeal but believes that some redress or action should still be taken, the Student Appeals Committee may make recommendations accordingly to the relevant body or staff member. Such recommendations must be accompanied by a full statement of reasons in support of the recommendations. Such recommendations are not binding on the body or staff member concerned.

 

Section 9: Vexatious and Malicious Appeals and Complaints

A person who receives an appeal or complaint under the provisions of this policy and who, after full consideration of its grounds, deems it to be vexatious or malicious by virtue of having no basis and/or being frivolous in nature, may refer it to the Deputy Vice-Chancellor (Students) for determination of whether or not proceedings should continue. If the Deputy Vice-Chancellor (Students) considers that the complaint or appeal falls within the definition of misconduct under the terms of Statute 6.4 Student Conduct, he or she may refer the matter to the Vice-Chancellor as a complaint of alleged misconduct in accordance with that statute. The complaint or appeal will then be held in abeyance until the case of alleged misconduct has been settled.

 

Section 10: Conduct of Proceedings by the Student Appeals Committee

The proceedings of the Student Appeals Committee are subject to the following provisions: 

10.1  On receipt of an appeal the Manager, Student Policy and Projects (or nominee) will: acknowledge receipt of the appeal in writing within 5 working days; check the documentation which has been submitted by the appellant to ensure that it conforms with the requirements of the relevant policy's provisions for lodging appeals, including whether it indicates clearly the nature and circumstances of the complaint and outlines a case; if the documentation is incomplete, seek from the appellant the missing information; inform the student of the membership of the Student Appeals Committee when it is constituted. A student who believes that a member appointed to a Student Appeals Committee has had prior involvement with the matter under appeal may apply to the Chairperson of the committee to have the member replaced on the committee by another member: upon receipt of complete documentation, refer the appeal to the Student Appeals Committee which will proceed in accordance with the procedures in Clauses 10.2 to 10.12 below.

Where an appeal has been submitted after the deadline for its lodgement, the Student Appeals Committee may consider it if the committee believes that there are extenuating circumstances which warrant its consideration.

10.2  The committee will determine its own procedures for the conduct of hearings subject to the provisions below.

10.3  The committee will invite the student and a faculty representative to attend the hearing and answer questions pertaining to the appeal.

10.3.1  The student may be accompanied by a staff or student member of the University or a representative of Flinders Campus Community Services. The faculty representative may be accompanied by another staff member of the University including an employee of a staff association or union. Neither of the parties will be permitted to have legal representation at the appeals hearing (but this does not prevent a legally qualified staff member or student of the University accompanying the student or faculty representative). Where a student is unable to attend a hearing, he or she may either be represented at the hearing by another nominated person, or having the hearing conducted by an alternative process.

10.3.2  The committee will make suitable arrangements for students with disabilities who believe that they will be disadvantaged, as a result of a disability, by the standard conduct of proceedings. Such arrangements may include, but are not limited to, provision of sign language interpreters for deaf students, and ensuring that the meeting is held in a location accessible by students with limited mobility.

10.3.3  Where appropriate, and subject to the agreement of the Chair of the Student Appeals Committee, the Committee may arrange for an interpreter to be used to assist students whose first language is not English.

10.4  The committee will consider all documentation submitted in connection with the appeal including any written submissions from the student and the faculty representative. All documentation must be made available to both parties in advance of the hearing of the appeal by the committee.

10.5  The committee may decide to withdraw at any time during the hearing to consider any matter; when this occurs, all persons who are not members of the committee (other than the secretary) must leave the room until such time as the committee returns and invites them to return.

10.6  The student and faculty representative have the right to be present at all times during the hearing except when the committee withdraws. If one or both of these persons or the persons accompanying them choose to be absent during the hearing, the committee may proceed in the absence of that person or those persons. Should either party or either of the persons designated to accompany them fail to appear at the meeting, the Chairperson may adjourn the meeting for a period to be determined by the Chairperson in each case in order that enquiries as to their intentions may be made.

10.7  The committee may agree to an adjournment at the request of either the appellant or the faculty representative on the basis of: extreme circumstances; the presentation at the hearing of new evidence that is substantially different from that contained in the documentation already submitted; circumstances resulting from illness or disability.

A person who is representing an absent student may at any time during the hearing request an adjournment to contact the student either for additional information or the rebuttal of an argument. The committee has the discretion to decide whether to agree to such a request.

10.8  The committee may refuse to continue hearing an appeal if it decides that the appeal is vexatious or malicious. If this occurs the committee must give reasons for the cessation of the appeal hearing.

10.9  Subject to Clause 10.7 above, the committee must arrive at a decision to uphold or deny the appeal. The committee's decision must be made by a majority vote but need not be unanimous.

10.10  The student and the faculty representative must not be disadvantaged in any way by the failure of the committee to adhere to the procedures outlined in Clauses 10.1 to 10.8 above.

10.11  Where the procedures outlined in Clauses 10.1 to 10.8 above are silent on any matter relevant to an appeal, the committee may make decisions about that matter provided it acts in good faith in the interests of natural justice and fairness to all parties.

10.12  The decision of the committee will finalise the University's internal appeals process. Both the student and the faculty representative must be notified in writing of the outcome and the reasons for the committee's decision. If the student is not satisfied with the outcome, the student may lodge a complaint or appeal with a relevant external agency.

Should an onshore international student decide to pursue a complaint or appeal with an external agency in respect to an unsatisfactory course progress decision, the student must notify the Secretary, Student Appeals Committee in writing of his or her intention (and provide the name of that agency) within 10 working days of the date of notification of the decision of the Student Appeals Committee. If the student fails to notify the Secretary, Student Appeals Committee of his or her intention to pursue a complaint or appeal with an external agency, the University will proceed to report their enrolment status to the Department of Immigration and Citizenship.

 

Section 11: Implementation of Decisions

Implementation of decisions must be immediate and monitored as follows: 

11.1  The Chairperson of the Student Appeals Committee is responsible for monitoring the implementation of the committee's determinations. A student who considers that the directions of the committee have not been carried out may take the matter up with the person who chaired the committee's meeting(s) when the student's case was considered.

11.2  The Manager, Student Policy and Projects is responsible for ensuring that the outcome of any external appeal process is acted upon.

 

Section 12: Annual Reports of the Committee

The Deputy Vice-Chancellor (Students) must ensure that an annual report on the work of the committee is submitted to Council through the Academic Senate. This report will include the following information for each case without revealing the name of any person:

  • the type and outcome of appeal;
  • the grounds of appeal;
  • details of the appellant (including gender, any disability, age, study mode, Australian residence status);
  • School.