(1) This Procedure is effective from 12 March 2024. (2) This Procedure documents the transparent, consistent and fair processes for students to appeal University decisions for which a right of appeal is specified in the Academic Board Regulations or University policy or procedure. (3) This Procedure applies to appeals by students against University decisions made under the relevant academic progress, higher degree by research assessment, academic integrity, research integrity and student misconduct procedures. (4) This Procedure is pursuant to the Student Appeals policy. (5) A student may appeal against a University decision in relation to: (6) A student appealing a decision is responsible for establishing one or more grounds of appeal on a balance of probabilities (i.e. that it is more probable than not). (7) Students may appeal on one or more of the following grounds: (8) An appeal made under Higher Degrees by Research (HDR) Assessment procedure can only be made on the grounds that a misapplication of process occurred that resulted in material disadvantage to the student. (9) An appeal made under the Higher Degrees by Research (HDR) Academic Progress procedure can only be made on the following grounds: (10) A student who wishes to appeal a decision submits their appeal to University Appeals Committee (the Committee) within 20 University working days of being notified of the original decision. (11) Students may consult with the DUSA Student Advocacy and Support Service for support in submitting an appeal. (12) In their appeal submission, students: (13) The student’s enrolment is maintained pending the completion of the appeals process, except in instances as outlined in clause 14. (14) Subject to legislative requirements, a student’s enrolment may be varied pending the outcome of an appeal where the emergency and exceptional powers in regulation 15 of the Vice-Chancellor Regulations apply or where the original decision-maker had suspended or excluded the student. (15) The Committee Chair or nominee may accept a late appeal, after the deadline specified in clause 10, where the student provides supporting material to show how exceptional circumstances prevented them from applying by the deadline. A student’s failure to check email is not an exceptional circumstance. (16) After a student submits an appeal, the Office of the Dean of Students (Student Appeals) conducts an administrative review of the submission to determine whether or not it has adequate substance to proceed to Chair review. If the submission is lacking in substance, the student is notified in writing that their appeal will not proceed. (17) The Committee Chair (or Deputy Chair as nominee) reviews the appeal submission and any information from the original decision-maker detailing the process that was followed in reaching the original decision. (18) Where there is an actual, potential or perceived conflict of interest, the Committee Chair nominates another Committee member to conduct the review. (19) If the Committee Chair determines that: (20) The Committee Chair communicates to the student the outcome of the Chair review, reasons for the decision and options for external review, where possible within 15 University working days. (21) A decision by the Committee Chair to dismiss an appeal is final. (22) If the Committee Chair determines that the ground/s for appeal have been met, a meeting of the Committee will be convened to hear the appeal. (23) The hearing panel is comprised of at least three Committee members. (24) Where a student is appealing a University decision relating to a breach of research integrity, at least one of the members apart from the panel Chair has expertise in research training and integrity. (25) Where a student is appealing a University decision relating to unsatisfactory academic progress in a research program or an examination outcome in a higher degree by research, at least one of the members apart from the panel Chair has expertise in HDR supervision and graduate research training requirements. (26) A hearing panel does not include any Committee member who has an actual, potential or perceived conflict of interest in the matter. (27) The Office of the Dean of Students (Student Appeals) schedules the hearing and distributes all documentation to the Committee and student. (28) The student is given at least five University working days’ notice in writing of the date and location of the hearing. Other relevant parties are notified of the hearing and may be asked to attend. (29) Student Appeals advises the student in writing of their right to: (30) If the student chooses not to attend or participate in the hearing process, the Committee proceeds with the hearing and makes a decision in the student’s absence. (31) The Committee shall hear an appeal in accordance with regulation 36 of the Academic Board Regulations and as efficiently and informally as possible. (32) Hearing panel members: (33) The Committee may allow a support person to speak on the student’s behalf where the support person has expertise likely to assist the Committee or if the student has particular support requirements. (34) The Committee may adjourn a hearing at any time but continue to hear the matter in person or by circulation as soon as possible afterwards. The panel composition remains the same throughout the hearing. (35) The Committee privately considers all the information presented at the hearing and makes a decision on whether it is more likely than not that the student has established the ground/s of appeal. The decision is reached by a simple majority of Committee members, with the panel Chair having the casting vote. (36) The Committee makes its decision at the end of the hearing or as soon as possible afterwards. (37) In accordance with regulation 36.7 of the Academic Board Regulationsthe Committee may decide to: (38) If the Committee upholds an appeal, it may: (39) The Committee may verbally provide the student with an outcome at the end of the hearing. (40) Within five University working days of the hearing, the panel Chair sends the student written notice of the outcome of their appeal. The panel Chair also notifies other relevant stakeholders, including but not limited to: (41) The Committee’s decision is final within the University. (42) The written notice of the appeal outcome informs the student that they can seek an external review of final University decisions by the Victorian Ombudsman. (43) The Committee’s decision(s) will be implemented immediately, subject to the provisions under clause 14. (44) Student Appeals ensures records of appeals are kept in accordance with the Information and Records Management Policy. (45) The Committee reports appeal outcomes to the Academic Board, and may also make recommendations to the Faculty, Institute or University on quality improvement and preventative or corrective actions. (46) For the purpose of this Procedure:Student Appeals procedure
Section 1 - Preamble
Section 2 - Purpose
Section 3 - Scope
Section 4 - Policy
Section 5 - Procedure
Appealable decisions
Grounds for appeal
Submitting an appeal
Late appeals
Administrative Review
Chair review
Committee hearing panel composition
Prior to the hearing
At the hearing
Making a decision
Records and reporting
Section 6 - Definitions
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