Student appeals against discipline determinations

A student may appeal against determinations in respect of discipline matters.

The determinations in respect of discipline matters are:

1. A finding by the Vice-Chancellor or a Student Proctorial Board that the student is guilty of misconduct

2. The imposition of a penalty upon the student by the Vice-Chancellor under clause 63 (2) of the University of Sydney By-law 1999, as follows:

• 63 (2) If a student to whom a notice is given under subclause (1) does not, within the period of 14 days immediately following the date upon which the notice is given, notify the Vice-Chancellor that the allegation of misconduct specified in the notice is denied, the Vice-Chancellor must, at the expiration of that period, impose on the student the penalty in the notice unless:
  (a) the student has given to the Vice-Chancellor an explanation concerning the alleged misconduct which the Vice-Chancellor considers adequate, in which case no penalty is to be imposed on the student in relation to the alleged misconduct, or
  (b) the student has satisfied the Vice-Chancellor that, for any reason, a lesser or different penalty from that specified should be imposed, in which case the Vice-Chancellor is to impose that lesser or different penalty on the student,
  and must lay a report of any penalty so imposed upon the table of the Senate and of the Academic Board.

3. The imposition of a penalty upon the student by the Vice-Chancellor or a Student Proctorial Board under clause 76 (1) (b) of the University of Sydney By-law 1999, as follows:

• 76 (1) The Vice-Chancellor or a Board may, after hearing an allegation of misconduct against a student:
  (b) impose one or more penalties on the student if satisfied that the student is guilty of misconduct.

4. An order made by the Vice-Chancellor or a Student Proctorial Board under clause 76 (2) of the University of Sydney By-law 1999, as follows:

• 76 (2) The Vice-Chancellor or a Board may, instead of or in addition to a penalty imposed under subclause (1):
  (a) if a student is found to have damaged or destroyed any property of the University, order the student to pay to the Registrar such amount as may be determined by the Vice-Chancellor or Board as compensation for the damage or destruction of the property, or
  (b) if a student is found to have taken or removed any property of the University:
  (i) order the student to return the property to the University, or
  (ii) order the student to pay to the Registrar such amount as may be determined by the Vice-Chancellor or Board as compensation for the taking or removal of the property,
  or both, or
  (c) if a student is found to have taken or removed and damaged or destroyed any property of the University, make orders in respect of the property under subclause (2) (a) and (b).

Such appeals may be heard by the Student Disciplinary Appeals Committee.

Composition:
The Student Disciplinary Appeals Committee consists of three members appointed by Senate, as follows:

• a person who holds, or has held, office as a judge or magistrate in any State or Federal Court in Australia (Chairperson)
• a Fellow of Senate
• a person admitted and enrolled as a legal practitioner under the Legal Profession Act 1987 for at least 5 years.

An appeal by a student against a determination made by the Vice-Chancellor or a Board:

• must be filed with the Registrar within the period of 14 days (or such longer period not exceeding one month as the Vice-Chancellor may allow) immediately following the date upon which the student was given notice of the determination
• must be in writing giving full particulars of the grounds of appeal,
• may be made only on one or more of the following grounds:
  (i) that the determination is unreasonable or cannot be supported, having regard to the evidence,
  (ii) that the determination was made in breach of the rules of natural justice,
  (iii) that particular evidence should not have been admitted or rejected,
  (iv) that fresh relevant evidence has become available to the student, being evidence that was not available or not known to the student at the time of the hearing,
  (v) that a provision of this Chapter was not complied with,
  (vi) that the meaning or effect of any provision of this Chapter was misinterpreted,
  (vii) that in any way whatever there was a miscarriage of justice,
  (viii) that the penalty imposed on the student or order made against the student was excessive or inappropriate.

In relation to the hearing of an appeal by a student, the student, any representative of the student and the person designated for that purpose by the Registrar may make written submissions or, with the consent of the Appeals Committee, may make oral submissions.

The Appeals Committee must, on the hearing of an appeal by a student:

• allow the appeal if it is of the opinion that the determination of the Vice-Chancellor or Board should be set aside on any of the grounds of appeal referred to in clause 79 (2) (c), or
• dismiss the appeal if it is of the opinion that:
  (i) the determination of the Vice-Chancellor or Board should not be set aside on any of the grounds of appeal referred to in clause 79 (2) (c), or
  (ii) notwithstanding that the determination may be set aside on any 1 or more of the grounds referred to in clause 79 (2) (c) (ii) to (vii) (both inclusive), no substantial miscarriage of justice has actually occurred.

In allowing an appeal by a student, the Appeals Committee may:

• quash a determination made by the Vice-Chancellor or a Board, or
• quash a determination made by the Vice-Chancellor or a Board and direct that all or any of the allegations the subject of the appeal be reheard by:
  (i) if the determination was made by the Vice-Chancellor - a Board, or
  (ii) if the determination was made by a Board - another Board,
  or
• if the appeal was made on the ground specified in clause 79 (2) (c) (viii), substitute a different penalty for the one imposed or a different order for the one made, or
• if an appeal is made on the ground specified in clause 79 (2) (c) (iv), consider any fresh evidence offered by the student and determine the matter itself without directing a rehearing.

The Appeals Committee must, except in the case of an appeal made on the ground specified in clause 79 (2) (c) (iv), determine an appeal on the basis of such official record of evidence as may have been taken at the hearing of the allegation in respect of which the determination was made.

If a student has filed an appeal in accordance with clause 79 (2) against a determination of the Vice-Chancellor or a Board to impose a penalty for misconduct or against an order made by the Vice-Chancellor or a Board under clause 76 (2), the penalty or order is not to be enforceable against the student until the appeal is withdrawn or the Appeals Committee has determined the appeal.

Subject to clause 81, the determination of the Appeals Committee on an appeal is final and conclusive.

The relevant legislation is Division 7 of Chapter 8 of the University of Sydney By-law 1999 (as amended).