(1) This Procedure was approved by Academic Board on 11 April 2017. This Procedure comes into effect for study periods commencing on or after 10 July 2017. (2) This Procedure is pursuant to the following: (3) This Procedure documents the appeals processes for students under the relevant academic progress, assessment, academic integrity, research integrity and general misconduct procedures relating to students enrolled in the University’s higher education award courses. (4) This Procedure applies to students enrolled in the University’s higher education award courses and non-award courses. (5) Refer to the Regulations listed in clause 2. (6) A student can appeal to the University Appeals Committee (the ‘Committee’) against a decision or outcomes made according to the grounds provided in the following policy documents: (7) A student will remain enrolled during the appeal process unless the emergency powers in section 8 of Regulation 4.1(1) - General Misconduct apply. (8) To start an appeal, the student must submit the following documents: (9) The student must submit the documents to the Committee Secretary within 20 working days of being notified of the initial decision. (10) The student may apply in writing to the Committee Chair to appeal after the deadline specified in clause 9. Late applications will be accepted only where the student can provide supporting material or documents to show how exceptional circumstances prevented them from applying by the deadline. Failure to check email or advise the University of a change of address are not exceptional circumstances. The Chair will decide whether the application shows exceptional circumstances and advise the student whether their application can be accepted. (11) The Committee Chair considers the appeal documents listed in clause 8 and may decide to dismiss the appeal if it: (12) If the appeal is dismissed the student must be notified within five working days of the decision being made and the reasons for the decision. (13) The appeal process must commence within 10 working days of receipt of the application to appeal. (14) The student must be given at least five working days notice of: (15) Committee members must declare any conflict of interest to the Chair prior to hearing the case. The Chair, or the full Committee if the conflict relates to the Chair, will decide on an appropriate action. (16) A person who is not on the Committee due to a conflict of interest may still provide supporting material or documents or provide information relevant to an appeal. (17) At least three members of the Committee must be present to hear the appeal. Where the appeal involves research students or research integrity, at least one of the members apart from the Chair must be a supervisor of higher degree by research student/s. (18) Where a student brings a support person to the hearing and the support person has expertise likely to assist the Committee on procedural, technical or factual matters or if the student has additional support requirements, the Committee will the support person to speak on the student’s behalf. (19) At the hearing, the Committee will: (20) The Committee may adjourn a hearing at any time but must continue to hear the matter in person or by circulation as soon as possible afterwards. The membership of the Committee must remain the same throughout the hearing. (21) The Committee will privately consider all the information presented at the hearing and make a decision on whether it is more likely than not that the student has established the grounds of appeal. The decision is reached by a simple majority of Committee members with the Chair having the casting vote. (22) The Committee will make a decision at the end of the hearing or as soon as possible afterwards. (23) The Committee decides whether to: (24) The Committee can make recommendations or require conditions on enrolment including that students access support services. (25) In appeals against academic progress decisions, the Committee may also require that failure to comply with any condition imposed will result in the student being excluded. (26) The Committee may also make recommendations to the Faculty or University on quality improvement and preventative or corrective actions. (27) The Committee Chair will provide their decision in writing to: (28) The Committee Secretary will coordinate the implementation of the decision and record the decision and outcome. The Secretary will notify Deakin International where the decision involves an international student. (29) Any decision by the Committee on appeal is final and binding. (30) The Committee will report on its decisions three times a year to the Academic Board. (31) The decision of the Committee will be implemented immediately. (32) The Committee Secretary will notify the student that they can seek an external review of final University decisions by the Victorian Ombudsman. Students may also access other external organisations such as as the Victorian Equal Opportunity and Human Rights Commission and the Australian Human Rights Commission. (33) The student’s enrolment will be maintained: (34) All written notifications made under this Procedure will be by email to the student’s Deakin and last known email addresses. (35) For the purpose of this Procedure:Student Appeals procedure
Section 1 - Preamble
Top of PageSection 2 - Purpose
Section 3 - Scope
Section 4 - Policy
Section 5 - Procedure
Appealing a decision
Prior to the hearing
At the hearing
Decision
Written notifications
Section 6 - Definitions
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The Chair does not have a conflict of interest in making this decision and hearing the appeal.