Review and Appeal of Final Subject Result Procedure

Effective to 31/12/2022

Intent

This procedure supports the JCU Student Review and Appeal Policy and contains the process for a student to apply for a review and an appeal of a final subject result under the Student Results Policy.

Scope

This procedure applies to final subject results for all undergraduate and postgraduate coursework subjects for decisions under the Student Results Policy, the Finalisation and Publication of Student Results Procedure and the Learning, Teaching and Assessment Procedures.

Definitions

Definition of terms used in this procedure are as per the Student Review and Appeal Policy and the Policy Glossary unless otherwise stated.

Extenuating Circumstances is the term applied to a short-term and/or unforeseen event or circumstance that is outside a student's capacity to prevent or overcome, that demonstrably affects their capacity to complete learning and/or assessment items (including examinations), or achieve the level of attainment typical of their previous performance in a course or subject.

Special Consideration is the name given to an equity measure that takes into account short-term and unforeseen circumstances (known as Extenuating Circumstances) that substantially affect a students’ ability to complete an assessment item.

Legitimate Grounds for Appeal means:

a. a breach of Procedural Fairness having occurred during the determination of a Stage 1 Informal Review or a Stage 2 Formal Review application; and/or

b. the Academic Head fails to give sufficient weight to a student’s Extenuating Circumstances in making a Stage 2 Formal Review determination.

Procedure

1.   Stage 1 – Informal Review

1.1   Before requesting a review of the final result for a subject, the student must check the stated assessment information in the Subject Outline.

1.2   The student must email the Subject Co-ordinator to seek feedback about their performance in all assessment within the subject within 10 University working days of the publication of final results.

1.3   The Subject Coordinator must respond to both the student (via their JCU email address) and their Academic Head within 5 University working days of receiving the request for review. The outcomes of Step 1 may include:

1.3.1 The Subject Coordinator corrects a clerical error and updates the student’s final subject result in accordance with the Finalisation and Publication of Student Results Procedure .

1.3.2 The Subject Coordinator upholds the final subject result.

1.3.3 The student, with a better understanding of the grounds upon which the decision was made, does not seek a formal review of the decision.

1.3.4 The student applies for a formal review of the final subject result.

2.    Stage 2 - Formal Review

2.1   If unresolved at clause 1, the student may, within 5 University working days of the Subject Coordinators notification, provide a complete online Formal Review Request  form on  the following grounds:

2.1.1 a subject outline was not provided or did not comply with the Subject Outlines Procedure;

2.1.2 a student reasonably believes that a clerical error has occurred in the determination of the final subject result;

2.1.3 due regard has not been paid to the evidence of Extenuating Circumstances (as previously provided to the University, as part of an application for Special Consideration.)

2.1.4 the Subject Coordinator did not respond within 5 University working days to the student's request of an informal review.

2.2   The Academic Head, will review the information provided and make a determination.  The Academic Head will provide a written decision, including reasons for the decision, and information regarding the student’s rights to further appeal, to the student, and the relevant College or Divisional office for record-keeping purposes, within 5 university working days of receiving the Formal Review Request from the student.

The outcomes from Stage 2 are:

2.2.1 The Academic Head determines the Formal Review application does not contain a ground for review as stated in clause 2.1 and dismisses the application.

2.2.2 The Academic Head authorizes a remark under the Review of Assessment and Student Access to Examination Scripts and Materials Procedure which may have the effect of  changing the final subject result.

2.2.3 The Academic Head makes no change to the final subject result.

2.2.4 The student, with a better understanding of the grounds upon which the decision was made, does not seek to appeal the Stage 2 Formal Review.

2.2.5 The student submits an application for a Formal Appeal which demonstrates a Legitimate Ground to Appeal the decision.

2.2.6 The student lodges an appeal with an external agency if the student has no further internal appeal rights.

3.    Formal Appeal

3.1    After completing Stages 1 and 2 the student may lodge a formal Appeal under the Student Review and Appeals Policy as follows:

3.1.1 The Appeal application must be made within 20 University working days after the Academic Head’s  decision is sent to the student (via JCU email); and

3.1.2 A late application may be accepted at the discretion of the Director, Student Services where it can be demonstrated that Extenuating Circumstances prevented an appeal application being made within the stipulated timeframe; and

3.1.3 A student may only appeal a final subject result on one or more Legitimate Grounds for Appeal.

3.2   A student who appeals a final subject result must apply in writing using the Formal Review Form, to the Director, Student Services stating the Legitimate Ground/s for Appeal. The application must be supported by relevant documentation that includes all feedback from the processes undertaken in Stage 1 and Stage 2.

3.3   A student may withdraw an appeal application at any time.

4.    Appeal assessment

4.1   Upon receipt of the appeal application, the Director Student Services will make an assessment of  the application and provide the student with written notice within 5 University working days that:

4.1.1 the application is  incomplete, and invite the student to provide a new application within a further  5 University working days; or

4.1.2 the application fails to demonstrate Legitimate Grounds for Appeal or is frivolous, trivial or vexatious and dismiss the application.  The student will be provided with reasons for the dismissal and notice of options for an external review or appeal.  This is a final decision and there are no internal options for appeal.

4.1.3 the Formal Appeal Application contains Legitimate Grounds for Appeal to be heard by the  University Appeals Committee who will make a final determination.

5.    Appeal Committee

5.1   Where the Director Student Services does not dismiss an appeal at clause 4.1 the complete Appeal Application will be sent to the relevant Director of Academic Quality and Strategy.

5.2   The Director of Academic Quality and Strategy will review the Appeal Application and convene an Appeal Committee within 10 University working days of receiving the Appeal Application.

5.3   The Committee will comprise the following members (one member must be from the relevant College):

• The relevant Director of Academic Quality and Strategy (as Chair);
• An Associate Dean, Learning and Teaching;
• A Band 4 Student Services Delegate;
• A College Dean or Dean, Learning Teaching and Student Engagement (for Diploma Higher Education/TAC);
• The Chair, Academic Board or an academic member of Council;
• The Campus Dean (if the student is admitted to a course delivered by the JCU Singapore Campus).

One Committee member will be appointed as Chair (usually the Director of Academic Quality and Strategy and an administrative support staff member, as appointed by the Chair, will be present to provide secretariat support.

5.4   None of the Subject Coordinator, Academic Head nor an examiner of the subject will be eligible for appointment to the Committee.  For all matters, due regard shall be had to gender balance in determining the final membership of the committee.  No member of the committee will have participated in the original decision or any decisions associated with the matters under Appeal, this includes being involved in consultation or making recommendations that contributed to the original decision.

5.5   Once convened, the Committee will, within 5 University working days notify the student:

5.5.1 That their appeal has been successful, and the Committee has decided in the student’s favour; or

5.5.2 The matter will proceed to a hearing for a final determination on a particular time and date.

5.6   The Chair will invite the student to the hearing and communicate the following:

• the names of Committee members;
• the Committee’s role and powers; and
• the time and location of the hearing; and
• information regarding the student’s right to be heard; and
• information regarding the student’s right to utilise a support person; and
• copies of all materials available to the Committee in advance of the hearing.

5.7   Except with the express permission of the Chair of the Committee, no additional material will be presented at the hearing. Additional material that is permitted will be shared with the Committee and the Student.

5.8   The student will be permitted to address the Committee, but only at the time and date fixed by the Chair. The Academic Head and/or Subject Coordinator may be invited to be heard by the Committee if required, as determined by the Chair.

5.9   The student, Academic Head and the Subject Coordinator may be heard in person or by other means of communication which are acceptable to the Chair.

5.10  Students attending in person are not required to prepare or present a verbal summary of the appeal application.

5.11  The student, Academic Head and the Subject Coordinator will be present only for such time as is necessary for them to be heard by the Committee.

5.12  A student who appears in person before the Committee may be accompanied and assisted by a support person.   The support person must not be a currently practising solicitor or barrister. The role of the support person is to bear witness to the meeting and what is discussed. The support person shall take no part in the proceedings unless expressly authorised by the Chair of the Committee.

5.13  After considering all material relevant to the appeal, the Committee will make findings on each ground of appeal, and record whether the ground is substantiated or not on the balance of probabilities, and determine an outcome.

5.14  If the Committee finds the grounds for appeal are not substantiated, the appeal will be dismissed and the original decision will stand.

5.15  If the Committee finds one or more grounds substantiated, either partially or completely, the Committee will consider the consequence of each established ground and the impact on the student in determining an outcome.

5.16  In determining an outcome, the Committee will consider potential outcomes identified by the student. The Committee may seek guidance regarding an outcome as appropriate to the circumstances.

5.17  Where an appeal has been heard by the Committee, the Chair will communicate the outcome of the appeal.  The outcome will be sent in writing to the Student, the Director, Student Services, the Dean, the Academic Head and the Subject Coordinator within 5 University working days of the hearing. This communication will advise the student of:

• the findings of the Committee in relation to the grounds of appeal, and
• the evidence considered in arriving at these findings, and
• whether the appeal is upheld (even if only in part) or not (in which case it is dismissed and the original decision stands); and
• the Committee’s decision and the reasons for its decision; and
• any consequences as a result of the new decision; and
• any actions to be taken by staff or the student; and
• a statement that the decision of the Committee is final and there is no further right to internal appeal within the university
• their right to lodge a complaint or appeal through an external body as per the Student Review and Appeals Policy, if they remain dissatisfied with the University’s decision.

5.18  Any required administrative actions will be included in the communication to the Subject Coordinator, Academic Head, and Director, Student Services. The Director, Student Services and Academic Head are responsible for ensuring that administrative actions triggered by the decision are undertaken.

5.19  Where the student is an International Student visa holder studying in Australia, the University will only report to Department of Education, Employment and Workplace Relations against the students ‘Confirmation of Enrolment’, if required to, once the Committee has notified the student of the outcome.

6.    Effect on student’s enrolment

6.1   A student may remain enrolled in their subjects until the appeal has been determined.  At any time during this process, the University may take action against the student under the Student Code of Conduct Policy on the basis that such action is prudent or necessary having regard to the University’s duty of care to its students, staff and/or placement agencies.

6.2   A student’s continued enrolment will be reviewed either when the appeal due date has passed and no appeal has been received, or the appeal has been considered and finalised. The University may withdraw  the student  from subjects, depending upon the outcome of the appeal process.

7.    External Appeal and Records

7.1   A decision of the Committee is final and there is no further right to appeal internally at JCU.  Avenues for external appeal appear in the Student Review and Appeal Policy.

7.2   Record keeping will be managed in line with the Student Review and Appeal Policy.

Related policy instruments

Learning, Teaching and Assessment Policy

Learning, Teaching and Assessment Procedure

Review of Assessment and Access to Scripts and Materials Policy

Special Consideration Procedure

Student Results Policy

Student Review and Appeal 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