Student Appeals Policy

The Student Appeals Policy provides a framework for the timely and fair resolution of applications for review and appeal from students who are concerned than an academic or administrative decision affecting them fails to adhere to published policy and/or procedures.

2.1 This policy will apply to applications for review and/or appeal against academic and administrative decisions where published policy and/or procedures have not been followed. This includes, but is not limited to, any decision made with respect to a student in relation to teaching and learning, assessment or administration of the student’s course under the Academic Regulations and the University’s policies.

2.2 The following matters are specifically excluded from the scope of this policy, as they are covered under other relevant policies and processes:

2.3 The following matters are also excluded from review or appeal under this policy:

1. a decision made on the performance of a student in any component of assessment which is based on academic or professional judgement and which should be resolved with the Lecturer in Charge, or equivalent; or
2. any matter that is currently being, or has in the past been dealt with under the Student Complaints Policy; or
3. the substance of any published University regulation or policy.

3.1 All actions under this policy are to be based on values that are consistent with the University Mission and to be underpinned by principles of mutual respect and procedural fairness for and by all students, staff and others who may be involved.

3.2 A student has the right to apply for a review and/or appeal against academic and administrative decisions where published policy and/or procedures have not been followed.

3.3 It is the responsibility of the student to state their grounds for review or appeal fully and to provide copies of all relevant evidence from the first stage of any application for review or appeal.

3.4 There will be no fee charged for an application for a review or appeal.

3.5 A person or committee handling a review or an appeal will deal with the matter as expeditiously as possible, consistent with the need to act fairly.

3.6 The University will take all reasonable steps to prevent students suffering any disadvantage (including through victimisation) as a result of lodging an application for review or appeal.

Terms used in this policy and associated Procedures are consistent with ACU’s Glossary of Student and Course Terms. In the context of this policy the following term also applies:

Unreasonable appellant conduct is any behaviour by a complainant which, because of its nature or frequency raises substantial health, safety, resource or equity issues for the University, staff, other student, or the complainant themselves.

The timelines and associated provisions relating to formal communications contained in the Academic Regulations will apply to communications under this policy.

6.1 Grounds for review or an appeal must be based on evidence of:

1. failure by a staff member or any other person to execute responsibilities under the relevant published University regulation or policy; and/or
2. other failure to comply with the relevant published University regulation or policy; and/or
3. a penalty that has been imposed which is inconsistent with the relevant University regulation or policy;
4. new information that was not reasonably available to the student or the decision maker at the time of the decision.

6.2 The grounds for a review or appeal of any mark, grade, or result are limited to a failure to comply with the Academic Regulations, Assessment Policy and Procedures or the Examination Policy. This includes, but is not limited to evidence that:

1. an administrative error occurred in the determination or calculation of a final result that could not be resolved with the Lecturer in Charge;
2. the Unit Outline was not prepared and/or made available to students in accordance with the Assessment Policy;
3. appropriate consideration was not given to an application for an extension of time for submission of an assessment task, a deferred examination or for special consideration;
4. the student had experienced technical barriers outside their control; or
5. the student had been disadvantaged by a variation of an assessment or the assessment criteria;
6. the student’s performance in the assessment was affected by the absence of, or inadequate relevant feedback on a previous assessment.

6.3 Any decision made on the performance of a student in an assessment is excluded from review and appeal and must be resolved with the Lecturer in Charge. Specific exclusions from review and appeal include that:

1. the student disagrees with the mark/grade awarded for the assessment task;
2. the mark/grade does not reflect the student’s normal academic performance;
3. the mark/grade does not reflect the amount of time and/or effort spent by the student;
4. the student disagrees with the mark/grade when compared to other students;
5. a study overload prevented the student’s effort in the assessment task;
6. the student needs more marks to secure a passing or next level grade;
7. there are consequences for the student of not passing/receiving a particular mark/grade; and
8. the student is seeking retrospective consideration for personal or medical problems which should have been the subject of an application for extension or special consideration.

7.1 A student who is concerned with any academic or administrative decision, or who believes an error has been made, should wherever possible, consult with the person who made the relevant decision, to gain an understanding of the basis for the decision.

7.2 A student who remains dissatisfied or unclear in relation to any academic or administrative decision within the scope of this Policy following initial discussion, may submit, sequentially:

1. a formal application for review to a reviewing officer under section 5 of the Procedures; and
2. a procedural appeal to the Executive Dean or Director under section 6 of the Procedures; or
3. to the University Appeals Committee under section 7 of the Procedures in the case of an appeal against a decision by Faculty Academic Misconduct Committee under the Student Academic Integrity and Misconduct Policy or an appeal against a decision by a Campus Dean or Discipline Committee under the Student Conduct Policy.

7.3 A student must complete the review process and then exhaust any lower level of appeal before proceeding to the next higher level.

8.1 A student may seek confidential, independent advice from the Student Advocacy Service at any stage of review or appeal.

8.2 In any discussions or interviews in which a student participates during any review or appeal process under this policy, the student may, at their discretion, be accompanied by one other person whom the student designates as their support person.

8.3 A support person may not be a person:

1. with a qualification in law; or
2. who was involved in, associated with, or alleged to have been involved in or associated with the subject matter of the review or appeal.

8.4 A support person may speak where required for reasons of clarification, but may only make submissions on behalf of a student if invited to do so by the responsible officer or committee dealing with the matter.

8.5 In proceedings before a University Appeals Committee against a decision under the Student Conduct Policy, the support person appointed by the student in relation to an appeal:

1. may be a person with a qualification in law; and
2. may make submissions on the student's behalf unless, in the opinion of the Chair of the Committee, the making of any such submission is or might be disruptive to, or may unreasonably extend, the proceedings.

9.1 At any time during the process a student may withdraw an application, by notice in writing to the responsible officer.

9.2 Upon such withdrawal, consideration of the application will be discontinued.

10.1 The University will take action to restrict access to the student appeals process where it is determined that the behaviour of an appellant is having a disproportionate and unreasonable impact on the University, its staff, services, time and/or resources through any of the following:

1. unreasonable persistence that is continued, incessant and unrelenting including where the student refuses to accept the outcome of their appeal ;
2. unreasonable demands (express or implied);
3. unreasonable lack of cooperation;
4. unreasonable arguments that are not based in reason or logic, that are incomprehensible, false or inflammatory, trivial or delirious; or 
5. unreasonable behaviours that compromises the health, safety and security of our staff, other service users or the appellant themselves.

10.2 In any case in which the behaviour of an applicant for review or appeal is found to constitute unreasonable appellant conduct, action may be taken by the University to:

1. change or restrict access to the student appeals processes; and/or 
2. refer the student to be dealt with under the Student Conduct and Discipline Policy.

10.3 Any decision by the University to change or restrict a student’s access to the review and appeals process will be based on managing the impact of the appellant’s conduct.

11.1 Unless the Vice-Chancellor otherwise directs, a student who has applied for a review or submitted an appeal under this policy may continue to enrol in units available to them in their program of study, subject to meeting prerequisites and subject to section 11.2, until the decision on the review or appeal is notified to the student.

11.2 A student may be prevented from enrolling in any professional experience unit or unit containing professional experience where the review or appeal relates to:

1. a termination of enrolment decision under section 11.5.1 (d) of the Academic Regulations; or 
2. a decision to withdraw a student from a professional experience unit or unit containing professional experience for unsatisfactory performance under section 6.4.5 or 6.4.6 of the Academic Regulations.  

11.3 If:

1. a student exercises the option to continue in their program of study while any appeal process is under consideration; and
2. the final stage of the appeal process accessed by the student is not completed before the census date for the relevant study period,

then the student may complete their enrolment in the relevant study period and be awarded the result(s), achieved in those units, irrespective of the outcome of the appeal process.

11.4 In the case of an appeal against termination of enrolment for unsatisfactory academic progress, if the appeal is dismissed, the termination of enrolment will take effect in accordance with clause 11.5.2 of the Academic Regulations.

11.5 In the case of an appeal against termination of enrolment for academic misconduct under the Student Academic Integrity and Misconduct Policy, if the appeal is dismissed, the termination will take effect immediately and the student will be withdrawn from any current or future enrolment in units unrelated to the academic misconduct without academic or financial penalty.

11.6 In the case of an appeal involving an international student, the University will notify the relevant Australian Government department of any notifiable change to that student’s enrolment. 

12.1 While students are encouraged to resolve any concerns or complaints they may have arising from their status as a student of the University, nothing in this policy detracts from the right of a student to access any other appeal or complaint mechanism available to the student as legislated in the relevant State or Territory. If any external process is initiated, the internal appeal or complaint process will be terminated.

12.2 Following exhaustion of the internal appeal processes, in the case of matters for which there is no external avenue of appeal, or complaint mechanism available, a student can request an independent review in accordance with the Independent Review of Student Appeals or Complaints Policy.