Regulation 5.4.4 - The University Appeals Committee

1. This regulation applies to all students, including students enrolled as a candidate for a higher degree by research.

2. There is a University Appeals Committee or Committees (“the Committee”).

3. Membership

3.1 Membership of the University Appeals Committee comprises:

(a) The Chair of the Academic Board (or nominee);

(b) One member appointed by the Academic Board from the academic staff;

(c) One member nominated by the Student Union Council who is an enrolled student.

3.2 The Chair of the Committee is the Chair of the Academic Board (or nominee).

3.3 The Secretary is the Academic Registrar (or nominee) and is non-voting.

3.4 Wherever possible, membership of the Committee will represent gender equality.

3.5. A person will not be appointed a member of the Committee or be permitted to carry out the responsibilities of section 4.2 of this regulation:

(a) who has had any involvement with the matter forming the subject of the appeal; or

(b) where for any other reason it would be inappropriate for the person to be a member to hear the appeal.

3.6 All members as identified under section 3.1 of this regulation must be formally invited to the appeal hearing.

3.7 A quorum of the Committee is the Chair and 1 voting member.

4. Eligibility and appealable decisions

4.1 Subject to satisfying any eligibility criteria described in the relevant policy or procedure, a student may appeal to the Academic Registrar (or nominee) to request a hearing of the Committee against:

(a) an outcome of a College Appeals Committee application where there is evidence of a breach of regulation, policy or procedure by the College that has had a meaningful impact on the outcome of the application;

(b) a decision to exclude the student or terminate their higher degree by research candidature for unsatisfactory academic progress;

(c) the outcome of an application for special consideration;

(d) the outcome of an application for a future assessment adjustment;

(e) the outcome of an application for an equitable assessment arrangement; or

(f) the outcome of a thesis/project examination for a student in a research program where there is evidence of a breach of regulation, policy or procedure that has had a meaningful impact on the outcome of the examination.

4.2 The Academic Registrar (or nominee) will decide whether the application satisfies the grounds for appeal as defined in the relevant policy or procedure to determine whether the appeal can proceed to a hearing.

4.3 Where eligibility criteria are deemed:

(a) to have been met, the Academic Registrar (or nominee) will approve the request and arrange for a hearing of the Committee

(b) not to have been met the Academic Registrar (or nominee) will deny the request and advise the student accordingly, including the reasons for the determination. This communication must be sent within 20 working days from the date the appeal submission was deemed by the Academic Registrar (or nominee) to be complete and will also advise the student of their right to seek a further internal, or external review of the decision, as appropriate.

5. Any appeal under Section 4.1 will be made by lodging a notice of appeal in the prescribed form with the Academic Registrar (or nominee) not later than the timeframe set within the relevant policy or procedure.

6. Where a hearing of the Committee has been granted, the Committee will, other than in exceptional circumstances, hear the appeal within 20 working days from the date the appeal submission was deemed by the Academic Registrar (or nominee) to be complete.

7. The student will be given notice in writing not less than 5 working days before the date of the hearing stating:

(a) the date, time and place of the hearing; and

(b) that the student has the right to:

(i) be heard;

(ii) make a written submission;

(iii) be accompanied by any other person;

(iv) be represented by another person;

(v) be present throughout the hearing;

(vi) call any persons as witnesses;

(vii) engage an interpreter;

provided that if the student intends to be represented by another person or to call persons as witnesses the student will notify the Academic Registrar (or nominee) in writing of the names of such persons not less than 1 working day before the date of the hearing.

(c) no party will be permitted to have legal representation at the appeal hearing.

(d) the student will not be present when the Committee is considering its decision.

8. The original determination authority will be given notice in writing not less than 5 working days before the date of the hearing stating:

(a) the date, time and place of the hearing;

(b) the substance of the student’s appeal and the grounds for the appeal;

(c) that they have the right to:

(i) be heard;

(ii) make a written submission;

(iii) be present throughout the hearing;

(iv) call any persons as witnesses.

(d) that they will not be present when the Committee is considering its decision.

9. Notwithstanding sub-sections 7 (b) (i) and 8 (c) (i) where the student does not appear at the hearing and has not submitted any reasonable cause for their absence, or the relevant original determination authority is not represented at the hearing; the hearing may proceed and the decision of the Committee will not thereby be invalidated.

10. The Committee will hear the appeal and after giving the student and such other persons as it considers appropriate an opportunity to be heard will:

(a) uphold the appeal;

(b) dismiss the appeal; or

(c) make such other decision as it considers appropriate.

11. Within 5 working days of the hearing of the appeal the Academic Registrar (or nominee) will:

(a) in writing, notify the student, the original determination authority and other areas as considered appropriate, of the decision of the Committee, including the reason for the decision;

(b) where the decision has been other than to uphold the appeal, inform the student of their right to seek a further internal or external review of the decision, as appropriate.

12. Any written notice required to be given by the University under this regulation may be sent via email. In the case of the student it will be to the student email address as recorded on the official University student database.

Corresponding Statute

Statute 5.4 – Academic progress

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