Student Appeals Regulations 2014

• PART 1 - PRELIMINARY
• PART 2 - APPEAL

PART 1 - PRELIMINARY

1. Objective

2. Authorising provision

3. Commencement

4. Definitions

1. academic progress decision means a decision made under any Regulation or supporting instrument regarding Academic Progress;
2. admission decision means a final decision made under any University policy or procedure relating to admission decisions;
3. appeal means a decision that has been referred to an Appeal Panel under Part 2;
4. Australian legal practitioner has the same meaning as in the Legal Profession Uniform Law Application Act 2014;
5. complaint decision means a decision made under the University's Student Complaint policy and procedures;
6. eligible person means someone who is not a current student, but who is eligible under the Student Complaints Policy to lodge a complaint under that process.
7. misconduct decision means a decision made under sub-regulation 15(3) or 15(4) of the Student Misconduct Regulations 2019;
8. notice unless otherwise specified, notice will mean notice that is provided in person, or sent either by post or by email, to a student's last known postal or email address;
9. statutory decision means a decision in respect of which Commonwealth or State legislation requires the University to provide a right of appeal to a student or eligible person which is not covered by another appeal process;
10. student means
    1. a person enrolled at the University in a course leading to a degree, diploma, certificate, licence or other award; or
    2. a person whose study performance is being or is to be assessed by the University, notwithstanding that such a person is not enrolled at the University in a course leading to a degree, diploma, certificate, licence or other award;
       
       Note
       
       The above definition of student is from section 3 of the Victoria University Act 2010 and Council Resolution C2010 - 070;
11. University business day means any weekdays on which the University is open for normal business and includes semester breaks, study and examination periods, and any public holidays not observed by the University (e.g., Labour Day). It excludes all weekend days, public holidays that are observed by the University and University Holidays declared on an annual basis (such as Easter Tuesday and Christmas shutdown periods).

PART 2 - APPEAL

5. Appealable decisions

(1) A student or other eligible person may appeal decisions regarding -

1. a misconduct decision;
2. a complaint decision;
3. an admission decision;
4. an academic progress decision; and
5. a statutory decision.

6. Grounds for appeal

1. the existence of new relevant material of a significant nature, being relevant material that was not reasonably available to the student or eligible person prior to the original decision being made and which is inherently different from material that was available;
2. there was a misapplication of procedure resulting in some real disadvantage to the student or eligible person that was the subject of the decision;
3. the decision was manifestly wrong or manifestly excessive; or
4. there was a bias or a conflict of interest on the part of the original decision maker or decision makers.

7. Lodgement of notice of appeal

8. Appeal Panel composition

1. in the case of an appeal relating to non-academic matters, two members must be senior officers of the University.
2. in the case of an appeal relating to academic matters, two members must be academic staff currently serving on the Academic Board.
3. if the student is enrolled in a graduate program, one member must be the President of the Victoria University Post-Graduate Association (VUPA) or a student nominated by the President of VUPA.
4. if the student is not enrolled in a graduate program, one member must be the president of Victoria University Students Union (VUSU) or a student nominated by the president of VUSU.

(2) Where an appeal involves both academic and non-academic matters, the matter will be treated as an academic matter for the purposes of the composition of the Appeal Panel.

(3) The members of the Appeal Panel and the Appeal Chair will be selected by the Vice-Chancellor or his or her delegate in accordance with the relevant procedures.

(4) Wherever practical, the membership of the Appeal Panel convened to hear an appeal will remain the same throughout the hearing of the matter notwithstanding any adjournment.

(5) The Appeal Panel must not include anyone who has, or who may reasonably be perceived to have, a bias or conflict of interest in the matter.

9. Functions of the Appeal Panel

1. to suspend the implementation of the decision that is the subject of the appeal;
2. to temporarily withdraw permission for the student to participate in a University activity or use or enter all or particular University premises or facilities where they consider it necessary for the maintenance of good order; or
3. any other direction that may be reasonable in all the circumstances.

10. Appeal Hearing

1. will make a majority rule decision;
2. will act impartially and fairly in all circumstances;
3. may follow any procedure it considers appropriate;
4. will not be bound by legal rules of evidence, technicalities or legal forms, and may inform itself in relation to any matter in any manner it thinks fits;
5. will give the student the opportunity to present material and submissions (either in person or in writing) in support of the appeal and to respond to any other material relating to the appeal;
6. will consider any material presented or made available to it; and
7. will allow a student to have a support person and/or to be assisted with the preparation and presentation of their case by a student advocate, provided that the support person or student advocate is not -
   1. an Australian legal practitioner, unless with leave of the Chair; or
   2. involved or alleged to be involved in the matter being determined.

11. Decision

1. allow the appeal in whole or in part; or
2. dismiss the appeal.
    

1. set aside any decision or sanction; or
2. substitute or vary any decision or sanction.
    

(6) The Appeal Panel must, as soon as practicable after a decision is made and within five University business days, give notice in writing of the Appeal Panel's decision to -

1. the student or eligible person;
2. the original decision makers; and
3. the Academic Registrar.

(7) Where the matter is remitted back to the original decision makers, they must review the Appeal Panel's findings and reconsider their decision within 10 University business days. Once the decision has been reconsidered, the original decision makers must give notice of their decision in writing to -

1. the student or eligible person; and
2. the Academic Registrar.

12. External appeal