Student Special Circumstances Policy

Intent

This Policy sets out James Cook University’s (JCU; the University) approach to the provision of:

• equity measures to address unforeseen (i.e., unexpected, unusual or uncommon) events and experiences that negatively impact on engagement in learning activity or assessment submission/completion; and
• a framework for ensuring equity measures approved under this Policy are transparent, fair, and supported by evidence.

This Policy addresses Higher Education Standards Framework (HESF) Standards 2.2: Diversity and Equity, and 2.3: Wellbeing and Safety.

Scope

This Policy applies to students enrolled in coursework subjects at all JCU campuses including Singapore and Brisbane who have an event or experience that meets the definition of Special Circumstances.

This Policy does not apply to JCU students enrolled in subjects at other institutions.

Definitions

Except where otherwise indicated in this policy, definitions used in this policy are found in the Learning Teaching and Assessment Policy, Examinations Procedure or the Policy Glossary.

Special Circumstances are events or experiences that::

• are advised as part of an approved Access Plan; or
• where there is no Access Plan:
  • are short-term; and
  • are unforeseen (i.e., unexpected, unusual, uncommon, or abnormal) and beyond the student’s control to prevent or overcome; and
  • arise at a time to have a demonstrable impact on a student’s capacity to engage with learning activities and/or complete assessment items (including examinations).

Special Consideration is the name given to an equity measure that accounts for Special Circumstances that substantially affect a students’ ability to complete an assessment item.

Principles

• Students are expected to manage their studies in accordance with the requirements of their course of study.
• Sometimes due to special circumstances students are not able to manage academic workload equally across their studies.
• The University seeks to give all students an equal opportunity to undertake their studies and where unforeseen events, or experiences occur that create obstacles to academic performance the University will, where possible, provide support to allow students to manage their studies.
• Where unforeseen events or experiences change a student’s ability to manage their studies it is the student’s responsibility to seek assistance in planning their progress through their studies.

Policy

1. Special Circumstances

1.1 Special Circumstances can include, but are not limited to:

1.1.1 Medical and/or psychological events;

1.1.2 Compassionate or emergency events (including but not limited to death of close family members, unexpected financial hardship, trauma, family breakdown, or experiences of crime);

1.1.3 Official religious or special cultural observance;

1.1.4 Jury service or court appearances;

1.1.5 SES callouts.

1.2 Circumstances considered to be within the control of a student; or which are to be expected in the normal course of the student's study, work, family, or social life are not Special Circumstances.

1.2.1 Situations that would not be considered Special Circumstances, include but are not limited to:

a. stress and anxiety normally associated with study;

b. adjusting to the demands of university life or homesickness;

c. personal travel or holiday plans that have made a student unable to attend classes or meet required submission timelines, including examinations;

d. failure to understand or ask for clarification of key dates or procedures where a student could reasonably be expected to have understood or asked for clarification;

e. inability to obtain release from the student's regular paid employment to undertake or complete the learning activities or assessment;

f. misreading or failing to ask for clarification of the examination timetable;

g. social and leisure events and activities including sporting commitments not considered as elite athlete obligations;

h. volunteering, including JCU-based events.

1.3 Students who require support due to Defence Force, National Service and Elite Athlete commitments should refer to the Defence Force, National Service and Elite Athlete Friendly University Procedure.

2. Potential outcomes for Approved Special Circumstances

2.1 Potential outcomes may be awarded as an adjustment to an assessment or examination, known as Special Consideration, or a withdrawal from a subject without financial and/or academic penalty.

2.2 Potential outcomes may not be awarded where there has been a failure to meet one or more of the progressive requirements of the subject prior to the Special Circumstances developing and providing an equity measure under Clause 3.3 will not enable the student to reach the appropriate pass result for the subject regardless.

3. Special Consideration

3.1 A student is granted Special Consideration in specified subjects:

3.1.1 a student makes a valid Special Consideration application in accordance with the Special Consideration Procedure; and

3.1.2 the application meets the conditions of this Policy and the Special Consideration Procedure; and

3.1.3 the Subject Outline has not exempted the Special Consideration equity measure as per Clause 3.3.

3.2 Where events or experiences impact a student’s studies for more than one study period and requires the student to seek longer term support with their studies, students  should register with JCU’s AccessAbility Services to discuss options and potentially develop an Access Plan under the Student Disability Policy. The Access Plan can be used as supporting evidence for Special Consideration applications within the scope of the Access Plan.

3.3 Available equity measures for an approved Special Consideration application are listed in the table below. Where a subject outline precludes special consideration application for a listed equity measure then justification for preclusion must be provided in that subject outline.

3.4 Where a student does not have a current Access Plan, repeated deferred examinations may not be granted over the course of the student’s studies.

3.5 An application for Notification of Special Circumstances will not necessarily result in an equity measure being applied. The student's overall results throughout the academic year and the individual special circumstances will be taken into consideration.

4. Fit to sit

4.1 If a student sits or accesses a scheduled assessment, for example an examination or quiz on the scheduled assessment date, the student is declaring that they are fit and able to undertake the assessment.

4.2 The exception to Clause 4.1 is students who are undertaking the courses of Bachelor of Medicine-Bachelor of Surgery, Bachelor of Medicine-Bachelor  of Surgery (Honours) [Embedded] and Bachelor of Dental Surgery who can apply for a Notification of Special Circumstances.

4.3 Students Fit to Sit who become unwell immediately before either an examination or an on-course timed assessment, or during either the examination or assessment, may be eligible to apply for Special Consideration.

5. Withdrawal from Subjects without Financial and/or Academic Penalty

5.1 A subject withdrawal without financial and/or academic penalty is granted if a student:

5.1.1 makes a Withdrawal from Subjects without Financial and/or Academic Penalty application in accordance with the Withdrawal from Subjects without Financial and/or Academic Penalty Procedure; and

5.1.2 the application meets the conditions of this Policy.

5.2 A student is not eligible to apply for subject withdrawal without financial and/or academic penalty if they have:

5.2.1 received a passing result for that subject; or

5.2.2 the special circumstances did not make their full impact on the person on or after the census date for the subject in question.

5.3 An approved Withdrawal from Subjects without Financial and/or Academic Penalty Application may result in;

5.3.1 a removal of any fail results and replaced with a Status of Withdrawn (WD);

5.3.2 a removal of the associated tuition fees for the approved subject(s);

5.3.3 a reassessment of the student’s Academic Status;

5.3.4 dependent on whether one or both withdrawals are approved.

6. Review and Appeal of Special Circumstances Outcome

6.1 A student may request a review and appeal of a decision made under this policy and associated procedures under the Student Review and Appeal Policy.

7. Privacy

7.1 Information provided by students to Staff and the University must be treated in accordance with the Information Privacy Act 2009 and Information Privacy Policy. That information can only be used for the purposes of:

7.1.1 assessing an application under this policy; and/or

7.1.2 referring the student to AccessAbility.

Related policy instruments

Special Consideration Procedure

Withdrawal without Academic and Financial Penalty Procedure

Learning Outcomes and Assessment Policy

Learning Outcomes and Assessment Procedure

Student Fee Payments and Refunds Policy

Student Disability Policy

Student Disability AccessAbility Support and Plans Procedure

Information Privacy Policy

Domestic Fee Payments and Refunds Procedure

International Tuition Fee Payments and Refunds Procedure

Schedules/Appendices

Appendix 1 Special Circumstances Supporting Documentation

Appendix 2 Listed Subjects for Notification of Special Circumstances

Related documents and legislation

Higher Education Support Act 2003 (Cth)

Higher Education Standards Framework 2021

Australian Qualifications Framework, 2^nd Edition, 2013

Disability Standards for Education 2005

Human Rights Act 2019 (Qld)

Information Privacy Act 2009 (Qld)

TEQSA Guidance Note: Diversity and Equity 1.2

Administration

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

Approval Details

Revision History