Academic and Statutory Decisions Review and Appeal Procedure

Effective 01/01/2023

Intent

This procedure supports James Cook University’s (“the University”) Student Review and Appeals Policy (Policy) and details the process for a student to apply for a review and/or appeal of decisions requiring the exercise of academic judgement in relation to undergraduate and postgraduate coursework subjects (Academic Decisions) or decisions made under the Higher Education Support Act 2003 (Cth) or the Education Services for Overseas Students (ESOS) Act 2000 (Cth) (Statutory Decisions).

Scope

Unless stated otherwise in a policy or procedure of the University, students may seek review of and/or appeal Academic Decisions pursuant to this Procedure, which include but are not limited to:

• final subject results;
• progression outcomes;
• maximum time to complete;
• admission;
• enrolment;
• credit;
• leave of absence;
• professional experience placement requirements.

Unless stated otherwise in a policy or procedure of the University, students may also seek review of Statutory Decisions pursuant to this Procedure, which include but are not limited to:

• a decision that special circumstances (as referred to in HESA) do not apply in relation to a student seeking remission of a HELP debt in relation to a subject;
• a decision that special circumstances (as referred to in HESA) do not apply in relation to a Commonwealth Supported student seeking to withdraw without academic penalty;
• a decision that undertaking a unit of study will impose an unreasonable study load on a student, in the context of the University giving advice on whether the student is a Commonwealth supported student;
• low rate of completion;
• a decision made in accordance with the National Code of Practice for Providers of Education and Training to Overseas Students 2018 (ESOS National Code) for example a provider’s letter of release or confirmation of enrolment amendments.

This Procedure does not apply to research or HDR candidates.

This Procedure does not apply to the appeal of Complaint and Conduct Decisions as defined in the Policy; review or appeals of those decisions are governed by the Complaint and Conduct Decisions Appeals Procedure.

Definitions

Unless specified below the terms used in this procedure have the same meaning as established in the Policy Glossaryand the Policy.

Balance of Probabilities - This standard of proof requires the decision maker to be satisfied, based on the evidence, that the occurrence of an event was more likely than not.  The strength of evidence necessary to establish the occurrence of an event on the balance of probabilities may vary according to the seriousness of the issues involved: the more serious the issue, the stronger the evidence required in order for the decision maker to be satisfied that the event occurred.

Legitimate Grounds of Review or Appeal - Grounds on which a student may review or appeal a determination of the Original Decision Maker or Review Officer, where the Legitimate Grounds of Review are the grounds in the below table in the column headed "Grounds of Review" and Legitimate Grounds of Appeal are the grounds in the below table in the column headed "Grounds of Appeal".

Special Circumstances - for the purposes of assessing a late application of review or appeal means an unforeseen event or experience, beyond a student’s control, which demonstrably impacts their ability to submit an application on time.

Procedure

Academic Decisions

1. Stage 1: Feedback

Final Subject Result

1.1 Before requesting a review of a final subject result, the student must check the stated assessment information in the Subject Outline. The student, for any feedback that has not been received, must email the Subject Coordinator to seek this feedback about their performance in the assessment within 5 University Working Days of the publication of final subject results.

1.2 The Subject Coordinator should respond with feedback to the student’s JCU email address within 5 University Working Days of receiving the request for feedback (Stage 1 Feedback).

1.3 If sufficient feedback has been received for the assessment, there is no requirement for the student to seek further feedback or clarification at this stage.

1.4 If an error has been identified that would alter the final subject result, the Subject Coordinator will process a result change in accordance with the Finalisation and Publication of Student Results Procedure.

1.5 The Subject Coordinator can also attempt to resolve the matter informally with the student within the provisions of JCU’s policies and procedures.

1.6 If the Subject Coordinator does not respond to the student’s request for Stage 1 Feedback within 5 University Working Days or if the student is dissatisfied with the Stage 1 Feedback, the student can move to Stage 2 of this Procedure.

All other Academic Decisions

1.7 If the student believes there has been an error or requires further information regarding the reasons for the decision of any other Academic Decision within the scope of this Procedure, they must within 5 University Working Days of receiving the notification of decision, contact the Original Decision Maker outlining their request.

1.8 The Original Decision Maker may, upon obtaining additional information or documentation from the student:

1.8.1 Alter or amend their original decision; or

1.8.2 Uphold the original decision and provide further explanation of the reasons for the original decision, if not already provided.

1.9 The student should receive a response from the Original Decision Maker within 5 University Working Days of the date of their request made under clause 1.7 (Stage 1 Feedback).

1.10 If the Original Decision Maker does not respond to the student’s request for Stage 1 Feedback within 5 University Working Days or the student is dissatisfied with the Stage 1 Feedback, they may move to Stage 2 of this Procedure.

2. Stage 2 - Review

Review Application

2.1 A student may lodge an application to review a determination from an Original Decision Maker within the scope of this Procedure, provided there are one or more asserted Legitimate Grounds of Review (Review Application).

2.2 A Review Application must be made within 5 University Working Days of the student being sent the Stage 1 Feedback to the student’s JCU email account, or 5 University Working Days after feedback was due, whichever is earlier, using the University's Review Application form and accompanied by sufficient evidence to demonstrate there are one or more Legitimate Grounds of Review.

2.3 A late Review Application may be accepted at the discretion of the Director, Student Services (or the DVC, Education where the Director, Student Services was the Original Decision Maker), where it can be demonstrated that Special Circumstances prevented a Review Application being made within the time period specified.

2.4 A student may withdraw a Review Application at any time.

Preliminary assessment by the Student Matters team and the Director, Student Services

2.5 Upon receipt of the Review Application, the Student Matters team should within 5 University Working Days assess the Review Application for compliance with clause 2.2 above and may do one or more of the following:

2.5.1 If the Student Matters team considers that the Review Application is not complete, the Student Matters team may invite the student to complete the Review Application within a further 5 University Working Days;

2.5.2 Recommend the Review Application be dismissed by the Director, Student Services as the Review Application:

2.5.2.1 fails to demonstrate one or more Legitimate Grounds of Review;

2.5.2.2 is frivolous, vexatious, or otherwise an abuse of process;

2.5.2.3 is out of time and the student failed to demonstrate that Special Circumstances prevented a Review Application being made in time; or

2.5.2.4 is incomplete and the student has not provided the information requested in the required timeframe under clause 2.5.1; or

2.5.3 Recommend to the Director, Student Services that the Review Application may contain Legitimate Grounds of Review, and should be referred to the Review Officer.

2.6 The Director, Student Services (or the DVC, Education where the Director, Student Services was the Original Decision Maker) will either dismiss the Review Application or refer it to the Review Officer.

2.7 If the Review Application is dismissed pursuant to clause 2.6 above, the Student Matters team will notify the student at their JCU email address, which will contain the following information:

2.7.1 The reasons why the Review Application has been dismissed;

2.7.2 The evidence considered in arriving at this decision;

2.7.3 A statement that the decision to dismiss the Review Application is final and there is no further right to internal review or appeal within the University; and

2.7.4 The student's right to lodge a complaint or appeal through an external body as per clause 6 of the Policy, if they remain dissatisfied with the University’s decision.

Determination of the Review Application by the Review Officer

2.8 If the Review Application is referred to the Review Officer pursuant to clause 2.6 above, the Student Matters team will:

2.8.1 Determine the appropriate Review Officer as per the Academic and Student Sub-delegation Register;

2.8.2 Notify the student of the referral pursuant to clause 2.6 above and the Review Officer appointed to determine the Review Application;

2.8.3 Prepare the documents for the review (Review Pack), comprising:

2.8.3.1 the determination of the Original Decision Maker;

2.8.3.2 the Review Application and any supporting documents provided by the student; and

2.8.3.3 any briefing document approved by the Director, Student Services, containing information on the applicable policies and procedures and/or the Legitimate Grounds of Review included in the Review Application.

2.9 The Review Pack will be provided to the Review Officer and the student via email within 5 University Working Days of the referral pursuant to Clause 2.6.

2.10 In deciding the Review Application, the Review Officer will consider the evidence contained in the Review Pack as supplemented by evidence from enquiries made of the student, the Original Decision Maker and any other person they consider relevant to the matter, if required.  The Review Officer shall make enquiries of the student last, and will share with the student the outcome of the earlier enquiries and give the student an opportunity to respond.  The Review Officer will then determine whether they are satisfied, on the Balance of Probabilities, that one or more Legitimate Grounds of Review are substantiated.

2.11 If no Legitimate Grounds of Review are substantiated, the Review Application will be dismissed.

2.12 If one or more Legitimate Grounds of Review are substantiated, the Review Officer will determine the appropriate outcome and may:

2.12.1 confirm or amend the decision;

2.12.2 set aside the decision and substitute their own decision.

Notice of the review decision

2.13 The Review Officer will communicate the outcome of the Review Application (Review Determination) in writing to the Student Matters team, and should seek to do so within 5 University Working Days of receiving the Review Pack pursuant to clause 2.9.

2.14 The Review Determination must record:

2.14.1 the evidence considered;

2.14.2 findings in relation to each alleged Legitimate Ground of Review;

2.14.3 reasons for those findings;

2.14.4 the decision as to the appropriate outcome, including any actions to be taken by staff or the student;

2.14.5 reasons for that decision;

2.14.6 information on the student's right to lodge an appeal if they remain dissatisfied with the Review Officer's decision.

2.15 The Student Matters team will send to the student at their JCU email and the relevant College and/or Campus the Review Determination within 1 University Working Day of receipt.

2.16 If the student is dissatisfied with the outcome of Stage 2 of this Procedure, they may move to Stage 3 of the Procedure.

3. Stage 3 - Appeal

Appeal Application

3.1 A student may lodge an application to appeal a Review Determination provided there are one or more asserted Legitimate Grounds of Appeal (Appeal Application).

3.2 An Appeal Application must be made within 20 University Working Days of the student being sent the Review Determination to the student’s JCU email account, using the University’s Appeal Application form (available from: https://www.jcu.edu.au/students/student-forms) and accompanied by sufficient evidence to demonstrate there are one or more Legitimate Grounds of Appeal.

3.3 A late Appeal Application may be accepted at the discretion of the Director, Student Services (or the DVC, Education where the Director, Student Services was the Original Decision Maker), where it can be demonstrated that Special Circumstances prevented an Appeal Application being made within the time period specified.

3.4 A student may withdraw an Appeal Application at any time.

Preliminary assessment by the Student Matters team and the Director, Student Services

3.5 Upon receipt of the Appeal Application, the Student Matters team should within 5 University Working Days assess the Review Application for compliance with clause 3.2 above and may do one or more of the following:

3.5.1 If the Student Matters team considers that the Appeal Application is not complete, the Student Matters team may invite the student to complete the Appeal Application within a further 5 University Working Days;

3.5.2 Recommend the Appeal Application be dismissed by the Director, Student Services as the Appeal Application:

3.5.2.1 fails to demonstrate one or more Legitimate Grounds of Review;

3.5.2.2 is frivolous, vexatious, or otherwise an abuse of process;

3.5.2.3 is out of time and the student failed to demonstrate that Special Circumstances prevented the Appeal Application being made in time; or

3.5.2.4 is incomplete and the student has not provided the information requested in the required timeframe under clause 3.5.1; or

3.5.3 Recommend to the Director, Student Services that the Appeal Application may contain Legitimate Grounds of Appeal, and should be referred to the University Appeals Committee.

3.6 The Director, Student Services (or the DVC, Education where the Director, Student Services was the Original Decision Maker) will either dismiss the Appeal Application or refer it to the University Appeals Committee.

3.7 If the Appeal Application is dismissed pursuant to clause 3.6 above, the Student Matters team will notify the student at their JCU email address, which will contain the following information:

3.7.1 The reasons why the Appeal Application has been dismissed;

3.7.2 The evidence considered in arriving at this decision;

3.7.3 A statement that the decision to dismiss the Appeal Application is final and there is no further right to internal appeal within the University; and

3.7.4 The student's right to lodge a complaint or appeal through an external body as per clause 6 of the Policy, if they remain dissatisfied with the University’s decision.

Constitution of the University Appeals Committee

3.8 Upon receipt of the referral pursuant to clause 3.6 above, the Student Matters team should notify the student of the constitution of the University Appeals Committee to hear the Appeal Application within 5 University Working Days.

3.9 The student may request a change of membership of the University Appeals Committee within 5 University Working Days, if they can provide reasons for a concern of actual or perceived bias in relation to one or more of the members.  This request will be considered by the Director, Student Services, whose decision as to final membership of the University Appeals Committee for the hearing will be final and binding.

The Appeal Book

3.10 Upon receipt of the referral pursuant to clause 3.6 above, the Student Matters team should also prepare the documents for the hearing (Appeal Book) of the Appeal Application within 5 University Working Days, comprising:

3.10.1 the determination of the Original Decision Maker;

3.10.2 the Review Application and any supporting documents provided by the student;

3.10.3 any briefing document referred to in clause 2.8.3.3 above;

3.10.4 documents recording any evidence from enquiries made of the student, the Original Decision Maker or any other person by the Review Officer;

3.10.5 the Review Determination;

3.10.6 the Appeal Application and any supporting documents provided by the student;

3.10.7 any briefing document approved by the Director, Student Services, containing information on the applicable policies and procedures and the Legitimate Grounds of Appeal included in the Appeal Application.

3.11 The Appeal Book will be provided to the University Appeals Committee and the student.

3.12 At any time prior to the determination of the Appeal, the Chair of the University Appeals Committee or the Director, Student Services may supplement the Appeal Book with additional documents they consider to be relevant, provided that the student is given a reasonable opportunity to make submissions and provide material in response.

3.13 For the purpose of supplementing the Appeal Book, the Chair of the University Appeals Committee or the Director, Student Services may direct the Student Matters team to seek copies of additional documents and/or information from staff of the University or the student.  The Student Matters team does not have any power to compel the provision of documents or information, but shall report to the Chair of the University Appeals Committee and the Director, Student Services any refusal or failure for requested documents and/or information to be provided, which may be taken into account by the University Appeals Committee in determining the Appeal Application.

3.14 The Appeal Book shall contain the documentary evidence for the hearing.  No further documentary evidence will be considered at the hearing except with the Chair’s express permission.

Notice of hearing

3.15 In consultation with the Chair of the University Appeals Committee, the Student Matters team should set a date, time and location for the hearing of the Appeal Application.  Where possible, the hearing should be scheduled within 10 University Working Days of the Appeal Book being provided to the student.

3.16 Upon scheduling the hearing, the Student Matters team will notify the student in writing to their JCU email address the following:

3.16.1 the names of the University Appeals Committee members hearing the Appeal Application;

3.16.2 the date, time and location of the hearing;

3.16.3 information regarding the student’s right to attend and be heard in relation to the Appeal Application;

3.16.4 information regarding the student’s right to have a support person or student advocate attend with them; and

3.16.5 inviting the student to provide further written submissions and/or material to the Student Matters team, to be provided to the University Appeals Committee, in relation to any briefing document provided to the University Appeals Committee pursuant to clause 3.10.7 and any additional documents provided to the University Appeals Committee pursuant to clause 3.12.

3.17 The Chair of the University Appeals Committee may adjourn the hearing to a later date by notification to the student, including (without limitation) in response to a request from the student or to permit time for the processes referred to at clauses 3.12 and 3.13 above.

Hearing

3.18 The hearing of the Appeal Application will proceed in the way the Chair decides, subject to what follows.

3.19 The student will be given the opportunity to be heard by the University Appeal Committee.  That opportunity may be provided in person, or by phone, video conference, additional written submission or by other means of communication approved by the Chair.

3.20 The student will be present only for such time as is necessary for them to be heard by the University Appeals Committee.

3.21 A student who appears before the Committee may be accompanied and assisted by a support person or student advocate.  The support person must not be a lawyer, unless by prior written approval of the Chair.  Where authorised in writing by the student, the support person or student advocate can assist the student in the presentation of their case.

Deciding the Appeal Application

3.22 In deciding the Appeal Application, the University Appeals Committee will consider the evidence contained in the Appeal Book as supplemented by evidence from the hearing, and determine whether it is satisfied, on the Balance of Probabilities, that one or more Legitimate Grounds of Appeal are substantiated.

3.23 If no Legitimate Grounds of Appeal are substantiated, the Appeal Application will be dismissed.

3.24 If one or more Legitimate Grounds of Appeal are substantiated, the University Appeals Committee will determine the appropriate outcome and may:

3.24.1 confirm or amend the Review Determination; or

3.24.2 set aside the Review Determination and substitute its own decision; or

3.24.3 set aside the Review Determination and refer the matter back to be determined again under the relevant policy or procedure of the University, either by the Original Decision Maker or another person or decision making body authorised to determine the matter.

3.25 In determining an appropriate outcome, the University Appeals Committee will consider potential outcomes identified by the student (if any). The University Appeals Committee may also seek written guidance from the Director, Student Services, using the process under clauses 3.12 and 3.13.  For the avoidance of doubt, such guidance can be sought by the University Appeals Committee after it determines that a Legitimate Ground of Appeal has been substantiated, but before determining the appropriate outcome, provided the student is given a copy of the guidance and a reasonable opportunity to respond before the University Appeals Committee determines the appropriate outcome.

Notice of the appeal decision

3.26 The Chair will communicate the outcome of the Appeal Application in writing to the student, Director, Student Services and, if there are academic implications, the relevant College Dean.  Notice of the outcome may be delivered in one or more communications.

3.27 The University Appeals Committee’s decision must record:

3.27.1 the evidence considered;

3.27.2 findings in relation to each alleged Legitimate Ground of Appeal;

3.27.3 reasons for those findings;

3.27.4 the decision as to the appropriate outcome, including any actions to be taken by staff or the student;

3.27.5 reasons for that decision;

3.27.6 a statement that the decision of the University Appeals Committee is final and there is no further right to internal appeal within the University; and

3.27.7 information on the student's right to lodge a complaint or appeal through an external body as per clause 6 of the Policy, if they remain dissatisfied with the University’s decision.

4. Allowed activities for students awaiting the outcome of a review and/or appeal

4.1 Until the review and/or appeal outcome has been determined, and provided there is no conflict with the requirements under Clauses 6 and 7 of this procedure, a student who submits a review and/or appeal will be permitted to:

4.1.1 complete any outstanding assessment from the previous Teaching Period if they were granted a supplementary/deferred exam or an extension;

4.1.2 remain enrolled in their subjects.

4.2 At any time during this process, the DVC, Education may issue a written direction to the student, including (without limitation) to direct a student to leave the University's land or temporarily suspend the student's enrolment, pending the outcome of the review and/or appeal if there is evidence that the student’s continued presence on University land or enrolment has the potential to impact the University’s duties to its students, staff and/or placement agencies or may otherwise adversely impact the wellbeing and safety of members of the University community.

4.3 Students retain the right to withdraw from subjects and/or courses or take a leave of absence in accordance with applicable policies and procedures.

Statutory Decisions

5. Review of Statutory Decisions

5.1 If a student is not satisfied with a Statutory Decision made by the University, they may lodge an application for request for review.  The link to the form will be included in the decision notice from the University.

5.2 Applications for request for review must be received within 20 University Working Days of the date of the notification of the original decision.  Outside this time limit the University is not obliged to reconsider the decision.  Reasons provided by the applicant for making a late application, and the amount of time that has expired, will be considered by the Review Officer, being the Director, Student Services, to decide whether to accept an out of time application.

5.3 The application must include a statement outlining the reasons for the request for review and relevant supporting documentation.

5.4 The Student Matters team will confirm to the student, in writing, the receipt of an application for request for review within 10 University Working Days.

5.5 The Review Officer upon considering the application and documentation can determine the following:

5.5.1 Confirm the original decision;

5.5.2 Vary the original decision; or

5.5.3 Set the decision aside and substitute a new decision.

5.6 The Student Matters team should notify the student in writing, within 20 University Working Days of receiving the application of:

5.6.1 The Review Officer's decision and a statement of reasons for that decision; and

5.6.2 The student’s right to apply for review of the decision to either the Administrative Appeals Tribunal (AAT) or Queensland Ombudsman (where the ESOS National Code applies), lodgement timelines and of the contact details and address of the nearest office.

Additional requirements for international students

6. Additional Requirements for international students studying in Australia on a student visa

6.1 The University will report a cancellation of an international student’s Confirmation of Enrolment (CoE):

6.1.1 For all issues except unsatisfactory course progress where the international student:

6.1.1.1 has engaged in the abovementioned internal review and appeal process, and the original decision of the University was upheld); or

6.1.1.2 chose not to access the internal review and appeal process and it has been 20 working days since the date of the original decision;

6.1.1.3 withdraws from the internal review and appeal process, by notifying the University in writing.

6.1.2 For unsatisfactory course progress where the international student:

6.1.2.1 has completed the internal and external review and appeal process and the original decision of the University was upheld; or

6.1.2.2 chose not to access the internal review and appeals process and it has been 20 working days since the date of the original decision;

6.1.2.3 withdraws from the internal or external appeal process, by notifying the University in writing.

6.2 Where an international student lodges an external appeal for unsatisfactory course progress to the Queensland Ombudsman the student must email the Ombudsman’s acknowledgement letter to StudentMatters@jcu.edu.au within 10 University working days after the date of notification of the University’s internal review or appeal determination.

6.3 The University will upon receipt of the Ombudsman’s acknowledgement allow international students to remain admitted to their course throughout the external appeal process. Where it is not in the student’s best interest to continue to study throughout the appeal, sanctions may be applied through the Student Management System to prevent the student from enrolling in further subjects; and

6.4 Where an external appeal decision does not uphold the University’s decision. the preventative or corrective actions to the international student’s record must be implemented immediately.

7. Additional requirements for international students studying in Singapore with a Student Pass:

7.1 Where the student is an International Student studying in Singapore, and the decision impacts the student’s ability to continue in their course:

7.1.1 the student will be required to surrender their Student Pass cards for cancellation within 7 days from the date of the exclusion from study; and

7.1.2 the University will only report to the Immigration and Checkpoints Authority (ICA) the student's pass cancellation once the decision maker has notified the student of the outcome.

7.2 Where an International Student studying in Singapore has made a late application for a review and/or appeal and the Student Pass has already been cancelled, the student will not be able to continue study until the original decision to withdraw the student has been overturned on review and/or appeal, and the Student Pass has been reissued on time to continue study.

7.3 Where a student lodges an external appeal for unsatisfactory outcome to SSG/CPE Mediation-Arbitration Scheme, managed by the Committee for Private Education, the student must email the CPE acknowledgement letter to StudentMatters@jcu.edu.au within 10 University working days after the date of notification of the University’s internal review or appeal.

7.4 The University will upon receipt of the SSG/CPE Mediation acknowledgment allow that student to remain admitted in their course throughout the external appeal process.  Where it is not in the student’s best interest to continue to study throughout the appeal, sanctions may be applied through the Student Management System to prevent the student from enrolling in further subjects; and

7.5 Where an external appeal decision does not uphold the University’s decision, the preventative or corrective actions to the international student’s record must be implemented immediately.

Related policy instruments

Student Review and Appeals Policy

Student Results Policy

Complaint and Conduct Decisions Appeal Procedure

Special Consideration Procedure

Policy Glossary

Learning, Teaching and Assessment Policy

Administration

NOTE:  Printed copies of this procedure are uncontrolled, and currency can only be assured at the time of printing.

Approval Details

Revision History