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Student appeals against academic decisions - For the Student Appeals Panel

A Student Appeals Body hears Student Appeals against Academic Decisions.

Section 1.6 of the University of Sydney (Student Appeals against Academic Decisions) Rule 2006 provides that an Academic Decision means a decision by the University that affects the academic assessment or progress of a Student within his or her award Course including:

(a) to exclude a Student in accordance with the University of Sydney (Coursework) Rule 2000 (as amended)
(b) not to readmit or re-enrol a Student following exclusion in accordance with the University of Sydney (Coursework) Rule 2000 (as amended)
(c) to terminate a Student’s candidature for a postgraduate award.

1. What does a Student Appeals Body hearing do?

A Student Appeals Body (SAB) hears a Student Appeal against an Academic Decision, once the Registrar has confirmed that the requirements under clause 2.3(a) and (b) of the University of Sydney (Student Appeals against Academic Decisions) Rule 2006 have been satisfied. (Please see item 2 below for more detail.)

The hearing enables the Student and the Faculty to address any questions posed by the SAB, but not to give further oral evidence or oral submissions unless the SAB allows.

Once the SAB is satisfied that any questions or additional information they required have been addressed, the Student and the Faculty representatives are asked to leave and the SAB will then deliberate and make a recommendation.

(Please see item 6 below for more details about what will happen at an SAB hearing.)

2. When are Student Appeals Body hearings held?

In accordance with the University of Sydney (Student Appeals against Academic Decisions) Rule 2006:

2.3 An appeal will not be heard by the Student Appeals Body unless:
(a) the basis for the Student’s appeal has previously been considered by the relevant Faculty;
(b) the Student has set out in the written appeal his or her reasons, including any written evidence and written submissions, for believing that due academic process has not been observed by the Faculty in relation to the Academic Decision, including matters pertaining to Special Consideration; and
(c) the Registrar has confirmed that the requirements under clause 2.3(a) and (b) above have been satisfied.

Once the Registrar has confirmed that the basis for the Student’s appeal has previously been considered by the relevant Faculty and that the Student has set out in the written appeal his or her reasons for believing that due academic process has not been observed by the Faculty in relation to the Academic Decision, including matters pertaining to Special Consideration, a hearing date and time can be confirmed.

3. Who are the members of the Student Appeals Body?

An SAB has three members, including a Chairperson, as follows, in accordance with Section 4 of the University of Sydney (Student Appeals against Academic Decisions) Rule 2006:

  • they are all members of the Senate appointed Student Appeals Panel who have been selected by the Registrar to sit on the SAB.
  • the SAB will normally include, but is not required to include:
    (a) a member with academic qualifications (who may but need not be a member of the academic staff of the University); and
    (b) a student (who may but need not be a student of the University).
  • the Registrar will not select a member of the Student Appeals Panel to sit on a SAB responsible for hearing a Student Appeal arising from the member’s Faculty; and
  • the Chairperson of the SAB will normally be, but is not required to be, the Chair of the Academic Board (or Deputy Chair), who may in a particular case nominate a substitute from the Student Appeals Panel advising the Registrar accordingly.

4. Who can attend Student Appeals Body hearings in addition to the members of the Student Appeals Body?

  • the Student whose appeal is being heard;
  • the Student’s representative, who may also speak on the Student’s behalf;
  • a representative of the relevant Faculty;
  • the Medical Director of the University Health Service and/or a member of the Counselling Service, to advise the SAB on interpretation of health and personal issues as required;
  • a note taker from the Appeals Office;
  • the Registrar or Director, Corporate Services.

5. How is a Student Appeals Body hearing arranged?

SAB hearings have been scheduled throughout the year. Ad hoc hearings will be arranged as is necessary to ensure that appeals are dealt with as quickly as possible.

The process for arranging SAB hearings is as follows:

  • The Appeals Office contacts the Student on behalf of the Registrar to advise the Student of the hearing date at least 10 days prior to the hearing. At this point the Student is asked to confirm their attendance and that of any other support person that may be accompanying them (family member, friend, SRC/SUPRA representative). They are also invited to provide any additional information regarding their appeal that they feel is appropriate. NB: If the Appeals Office discerns that evidence has been provided by the Student that the Faculty has not previously considered, this may be provided to the Faculty to help inform their decisions.
  • The Registrar will determine the composition of the SAB and these members will be contacted and their availability confirmed.
  • The Faculty is invited to nominate a Faculty representative to attend the hearing and asked to provide a submission which will be circulated to the Student 5 days prior to the hearing.
  • The Student and Faculty submissions, any additional documentation and a summary of the appeal will be included in an agenda and distributed to SAB members, the Student and the relevant Faculty representative.

6. What will happen at Student Appeals Body hearings?

  • Having already read the relevant submissions, Members of the SAB will convene prior to the Student and the Faculty representative’s arrival to discuss the agenda. At this stage members will decide what, if any, questions they may ask of the Student, the Student’s representative and/or Faculty representative. Any official clarification on policy or procedural issues can be sought at this point.
  • The Student, the Student’s representative and the Faculty representative are asked to arrive 10 minutes prior to their scheduled hearing time. The Appeal hearing is for the Student and the Faculty to address any questions posed by the SAB, but not to give further oral evidence or oral submissions unless the SAB allows.
  • Members of the Student Appeals Body will address questions to the Student, the Student’s representative or the Faculty representative.
  • Once the SAB is satisfied that any questions or additional information they required from either the Student, the Student’s representative or the Faculty representative have been addressed, they will be asked to leave. The SAB will then deliberate and make a recommendation.
  • The proceedings of the SAB will be recorded as official minutes and the decision will be disseminated to the Faculty and to the Student as soon as it is finalised.

7. How will the Student Appeals Body decide on an appropriate outcome?

At the hearing, the SAB will make a judgement on whether or not Due Academic Process has been followed by the Faculty.

Due Academic Process is defined as:

  • Adhering to Faculty and University policy and applying it in a fair and consistent way;
  • Ensuring that policy is well communicated and easily accessible to staff and students of the University.

To enable the SAB to do this the Student must put forward in writing his or her reasoning, including any supporting documentation, demonstrating how the Faculty has not followed due academic process. The Faculty must also provide a written submission, including supporting documentation as appropriate, demonstrating that they have followed due academic process.

Three major considerations for the SAB when determining an outcome are:

(1) Administrative Facts

  • Have the appropriate policies and guidelines and any other legislative requirements been followed by the Faculty and the Student?

(2) Individual factors pertinent to the Appeal

  • Have the relevant personal circumstances of the student been considered?
  • Has the relationship between the Student and the Faculty played a part in the outcome of the appeal?
  • Has the Student taken personal responsibility for the situation, sought counselling or undertaken additional study?
  • Have there been any changes in the Student’s working hours, financial situation or study load which would result in better performance?
  • If a student was applying for readmission, had they actively undertaken any further studies, e.g. Summer School?
  • Has the student abided by any conditions set by the Faculty since their exclusion?

(3) Determination
After consideration of the administrative facts and any individual factors pertinent to the case the SAB may uphold or dismiss a Student’s appeal and, in its absolute discretion:

(a) refer the Academic Decision back to the relevant Faculty for reconsideration in accordance with due academic process;
(b) make a new or amended Academic Decisions; or
(c) determine that no further action should be take in relation to the matter.

8. What will happen if the Student or his or her representative does not attend an Appeal Hearing?

Students are not required to attend the SAB hearing and may choose to have the appeal heard in absentia. Section 5.8 of the University of Sydney (Student Appeals against Academic Decisions) Rule 2006 provides that if, due notice having been given, a Student or his or her representative does not attend an Appeal Hearing, the Student Appeals Body may, in its absolute discretion:

(a) defer consideration of the appeal; or
(b) hear and determine the appeal in the Student’s or representative’s absence.

9. How should Student Appeals Panel members prepare for their role?

It is important that Student Appeals Panel members are familiar with the following rules, code of conduct and resolutions:

(1) Rules

(2) Code of Conduct for Students

(3) Resolutions of the Academic Board

10. Conflict of Interest

When you are asked to participate on a SAB, you will be given the names of the student appellants and asked to confirm whether you have any prior knowledge of their appeal or whether you have a personal or professional relationship with them. It is essential that SAB members are completely objective and have no actual or perceived conflict of interest.

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