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Student appeals against academic decisions - For staff

1. Introduction

Prior to 28 November 2006, the resolution of students’ concerns about academic determination and student appeals arising from show-cause and exclusion were handled by two separate resolution processes and two separate Senate appeals committees, the Student Academic Appeals Committee and the Student Appeals Committee (Exclusions and Readmissions).

As a result of a review of student appeals processes which commenced with an external review in late 2003, Senate has approved the University of Sydney (Student Appeals against Academic Decisions) Rule 2006, which reflects the following:

  • that there should be one process provided for final resolution of these matters in each faculty, and another at University level for final resolution for any appeals against faculty determinations.
  • that such issues are very frequently based on much the same grounds of academic judgment, procedural error, and personal misadventure, and thus should be addressed through one set of organisational arrangements.
  • that the new appeals mechanism will not be a Senate committee.

2. 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:

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

3. Faculty-level appeal against an academic decision

A student may appeal to the Faculty on the ground that due academic process has not been observed by that Faculty in relation to the academic decision.

The basis for the student’s appeal is considered by the relevant Faculty.

After investigation, the Dean of the relevant Faculty provides the student with a written decision regarding the academic decision.

4. University-level appeal against an academic decision

If the student is not satisfied with the written decision of the Faculty with respect to his or her appeal against an academic decision, the student may appeal to the Student Appeals Body, through the Registrar.

4.1 Written appeal

The student must fill in the Appeals Against An Academic Decision / Exclusion application form and attach it to their written appeal letter.

The written appeal must be lodge with the Registrar (on behalf of the Student Appeals Body) within 20 working days of the date of the written decision of the Dean of the relevant Faculty, or within such extended time as the Registrar, in his or her absolute discretion, authorises.

The are three way a student can lodge their appeal:

Hand deliver:
Student Appeals Box (located in the foyer of the Student Centre)
Level 3, Jane Foss Russell Building, G02
Darlington Campus

Mail:
Student Appeals, Student Affairs Unit
Level 5, Jane Foss Russell Building, G02
University of Sydney, NSW, 2006

Email:
sau.appeals@usyd.edu.au

For further information about the written appeal please refer to a guide for appealing to the Student Appeals Body page.

4.2 Determining if there is to be an appeal hearing

The student’s appeal will only be heard if the Registrar has confirmed that the following requirements have been satisfied:

  • 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, 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.

4.3 Possible re-enrolment pending determination of the appeal

Section 2.5 of the University of Sydney (Student Appeals against Academic Decisions) Rule 2006 provides that:

  • A student who has been excluded in accordance with the University of Sydney (Coursework) Rule 2000 (as amended) (other than a student whose appeal concerns a decision not to readmit or re-enrol the Student following exclusion, save where the Registrar is satisfied that it is reasonable to permit re-enrolment, in that regard the Registrar retaining a discretion), and who has complied with this Part 2, may re-enrol pending determination of his or her appeal if it has not been determined prior to commencement of classes in the next appropriate semester.

4.4 Student Appeals Panel

(1) Composition:
The Student Appeals Panel (SAP) comprises no fewer than 12 and no more than 20 persons appointed by Senate on the recommendation of the Registrar, as follows:

  • at least one half of all members of the SAP will be a combination of members of the academic staff and students of the University.
  • at least six members of the SAP will be undergraduate or postgraduate students of the University.
  • at least six members of the SAP will be members of the Academic staff of the University.

The Registrar will consult with the Presidents of the Students’ Representative Council and the Sydney University Postgraduate Representative Association, on behalf of the Senate, regarding student appointments to the Student Appeals Panel, without prejudice to the Registrar retaining the ultimate discretion as to whom to recommend.

The Senate will not appoint a Senate Fellow (other than the Chair of the Academic Board) as a member of the Student Appeals Panel, and the Chair of the Academic Board is appointed in that capacity and not as a Fellow of Senate.

(2) Purpose of the Student Appeals Panel:
The Registrar will select three members of the Student Appeals Panel, including a Chairperson, to comprise a Student Appeals Body to hear an appeal.

4.5 Setting up an appeal hearing

If the Registrar determines that the student’s appeal will be heard, the following steps will apply:

(1) Determining the membership of the Student Appeals Body to hear the appeal:
The Registrar will select three members of the Student Appeals Panel, including a Chairperson, to comprise a Student Appeals Body to hear the appeal, on the following basis:

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

The Registrar will confirm the composition of the Student Appeals Body and these members will be contacted and their availability for a hearing confirmed.

(2) Contacting the student:
The Appeals Office will contact the student on behalf of the Registrar at least 10 days prior to the hearing:

  • to advise the student of the hearing date.
  • to ask the student to confirm their attendance and/or any other support person that may be accompanying them or attending in their place (family member, friend, SRC/SUPRA representative) and who may speak on the student’s behalf.
  • to invite the student 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.

(3) Contacting the Faculty:
The Appeals Office will contact the relevant Faculty on behalf of the Registrar:

  • to ask the Faculty to provide written evidence and written submissions to the Registrar (on behalf of the Student Appeals Body), at least eight business days before the Appeal Hearing, which will be circulated to the student 5 days prior to the hearing. The Faculty’s submissions must provide reasons for the academic decision, and may also address whether the Faculty believes that due academic process has been observed by the Faculty.
  • to invite the Faculty to nominate a Faculty representative to attend the hearing.

(4) Contacting the University Health Service/member of the Counselling Service as required:
The Appeals Office may contact the following on behalf of the Registrar and invite them to attend the hearing to advise the Student Appeals Body on interpretation of health and personal issues, as requested:

  • the Medical Director of the University Health Service, and/or
  • a member of the Counselling Service.

(5) Circulating relevant information to the Student Appeals Body:
The Registrar (on behalf of the Student Appeals Body) will provide copies of written evidence and written submissions made by the Faculty to the student at least five business days before the appeal hearing.

The student and Faculty submissions, any additional documentation and a summary of the appeal will be included in an agenda and distributed to Student Appeals Body members, the student and the relevant Faculty representative 5 days prior to the hearing.

4.6 Purpose of the Appeal Hearing

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

4.7 Stages of the Appeal Hearing

The stages of the appeal hearing are:

(1) Prior to the hearing:
The Student and Faculty submissions and a copy of the student's academic transcript will be included in an agenda and distributed to Student Appeals Body members, the student and the relevant Faculty representative.

(2) During the hearing:
(a) Members of the Student Appeals Body will convene prior to the student and the Faculty representatives’ 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.

(b) The student, the student’s representative and the Faculty representative are asked to arrive 10 minutes prior to their scheduled hearing time. The student, the student’s representative and the Faculty representative will be advised that the Appeal hearing is for the student and the Faculty to address any questions posed by the Student Appeals Body, but not to give further oral evidence or oral submissions unless the Student Appeals Body allows.

(c) Members of the Student Appeals Body then address questions to the student, the student’s representative or the Faculty representative.

(d) Once the Student Appeals Body 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.

(e) The Student Appeals Body will then deliberate and make its decision.

(3) Determining the decision of the Student Appeals Body:
At the end of the hearing, the Student Appeals Body 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 in a fair and consistent way and ensuring that said policy is well communicated and easily accessible to staff and students of the University”

Matters for the Student Appeals Body to consider when making its decision are:

  • Administrative Facts
    - Have the appropriate policies and guidelines and any other legislative requirements been followed by the Faculty and the Student?
  • Individual factors pertinent to the appeal which may impact on the SAB's decision
    - 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?

After consideration of the administrative facts and any individual factor pertinent to the case, the Student Appeals Body may:

  • uphold or dismiss a student’s appeal, and
  • in its absolute discretion:
    - refer the academic decision back to the relevant Faculty for reconsideration in accordance with due academic process; or
    - make a new or amended academic decisions; or
    - determine that no further action should be take in relation to the matter.

The decision of a Student Appeals Body is final.

(4) Communicating the decision:
The Student Appeals Body’s decision will be communicated as soon as practicable as follows:

  • to the student will be advised, with the reasons for the decision.
  • to the Faculty concerned.

Where a decision of a Student Appeals Body reveals a systemic or other serious failure by the Faculty to observe due academic process, the Chair of the Student Appeals Body will send a copy of the decision to the Provost and Deputy Vice-Chancellor for consideration and action.

5. Relevant legislation

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