Policy Appeal of Final Subject Result Procedure

Appeal of Final Subject Result Procedure


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Intent

This procedure specifies the process relating to a students’ right of appeal subsequent to a Review of Final Subject Result.

Scope

This procedure applies to final subject results for all undergraduate and postgraduate coursework subjects.

Definitions

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

The terms Deferred Examination and Special Consideration have the meanings given to those terms in the Special Consideration, Supplementary, Deferred and Special Examinations Policy.

Legitimate Grounds for Appeal:

  1. A breach of Procedural Fairness having occurred during the Review of Final Subject Result Procedure;
  2. The Director of Student Services will consider new evidence which, because of Extenuating Circumstances, could not reasonably have been provided at the time of the original decision and that would likely have affected the decision, as a potential ground for Appeal.

Procedure

1.      Appeal Application

1.1.   Appeal of final subject result applications will only be accepted where a review, as outlined in the Review of Final Subject Result Procedure has already been undertaken.

1.2.   Appeal applications must be made no later than 20 University working days after the Review of Final Subject Result outcome is received (via JCU email).

1.3.   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.

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

1.5.   A student who appeals a final subject result must apply in writing using the appropriate application 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 Subject Coordinator and Academic Head and notification of the decision from the Review of Final Subject Result Procedure.

1.6.   An appeal application may be withdrawn at any point in the appeal process.

2.      Appeal Application Assessment

2.1.   Upon receipt of the appeal application, the Director of Student Services, or nominee, will check that the application has been completed in full including all relevant supporting documentation. If the application is deemed incomplete, the student will have a second, and final, opportunity to submit a complete application within 5 University working days of receiving communication from the Director Student Services, in order for the application to proceed to the next stage.

2.2.   The Director, Student Services will review the application and if it fails to demonstrate Legitimate Grounds for Appeal, then the application will be dismissed. The student will be provided with written notification of the dismissal, including reasons for the decision. Dismissal is a final decision and there are no further internal options for appeal. If the application is not dismissed, it will proceed to 2.3.

2.3.   The Director, Student Services will provide the Academic Head, with the appeal application and all supporting documents within 5 University working days of receiving the complete appeal application.

2.4.   The Academic Head will consider the claims of a breach of procedural fairness in the review process and/or the extenuating circumstances identified, and provide to the Director, Student Services a written response to the appeal application including any additional material relevant to the appeal, within 5 University working days.

2.5.   The Director, Student Services will, within 3 University working days of receipt, forward all appeal documentation to the relevant Director, Academic Quality and Strategy. On receiving the appeal documentation the relevant Director Academic Quality and Strategy can determine an outcome purely based upon the evidence provided. The determination is considered a final decision and there are no internal mechanisms for appealing this decision.

2.6.   Where a determination is made at 2.5 the Director Academic Quality and Strategy will, within 5 university working days, communicate the outcome of the appeal, as per clause 3.15 of this procedure.  The Academic Head and Director, Student Services are responsible for ensuring that any necessary administrative actions triggered by the decision, are undertaken.

2.7.   If a determination is not made at 2.5 the Director Academic Quality and Strategy will, within 5 university working days, advise the student and the Director, Student Services, in writing via email that the matter will progress to the University Appeal Committee as per clause 3 of this procedure. This communication will include an indicative time frame for convening the hearing.

3.      Appeal Committee Procedure

3.1.   Where a determination is not made at Clause 2, the Appeal of Final Subject Result must be considered by the University Appeal Committee (the Committee). The Director of Academic Quality and Strategy will, as soon as practicable, convene a meeting of the Committee.

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

  • The relevant Director of Academic Quality and Strategy (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); and
  • The Chair, Academic Board.
  • An administrative support staff member, as appointed by the Chair, to provide secretariat support.

Neither the Subject Coordinator, Academic Head nor an examiner of the subject will be a member of the Committee. At least one member of the committee must be from the relevant College.  For all matters, due regard shall be given to gender balance in determining the final membership of the committee.  No member of the committee will have participated in the original decision (excluding the ratification or certification process) or any decisions associated with the matters under Appeal, this includes being involved in consultation or making recommendations that contributed to the original decision. The Chair will determine whether conflicts of interest exist at the time of convening the Committee and amend the Committee membership accordingly.

3.3.   The Chair will ensure the student is invited 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.

3.4.   Except with the express permission of the Chair of the Committee, no additional material will be presented at the meeting.

3.5.   The Committee must consider the student’s application together with the written statement prepared by the Academic Head.

3.6.   The Student, will be given the opportunity to be heard by 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.

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

3.8.   The student, Academic Head or the Subject Coordinator will be heard by the Committee individually and at different times.

3.9.   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.

3.10.  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 practicing 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.

3.11.  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.

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

3.13.  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.

3.14.  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.

3.15.  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 and the original decision maker 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 main 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 clause 5 of the Student Appeals Policy, if they remain dissatisfied with the University’s decision.

3.16.  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.

3.17.  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.

3.18.  An appeal application may be withdrawn at any point in the appeal process.

4.      Students awaiting the outcome of an appeal

4.1.   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.

4.2.   A student's continued enrolment will be reviewed either when the appeal due date is passed and no appeal has been received; or the appeal has been considered and finalised and the student may be withdrawn from subjects, depending upon the outcome of the appeal process.

5.      Outcome and Record Keeping

5.1.   Decisions taken under the Student Appeals Policy, and associated procedures are final decisions and there is no further right to internal appeal at JCU, avenues for external appeal are specified in the Student Appeal Policy.

5.2.   Record keeping will be managed in line with the Student Appeal Policy.

Related policy instruments

Student Appeals Policy,

Learning, Teaching and Assessment Policy

Policy Glossary

Review of Final Subject Grade Procedure

Special Consideration, Supplementary, Deferred and Special Examinations Policy

Special Consideration, Supplementary and Special Examinations Procedure

Student Results Policy

Administration

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

Approval Details

Policy Sponsor

DVC Students

Version no

19-2

Date for next Major Review

04/07/2022

Revision History

Version

Approval date

Implementation date

Details

Author

19-229/08/201930/08/2019Amended to clarify requirements regarding acceptance of late appeal applications and that the university may take action under the Student Code of conduct while students are awaiting outcome of an appeal.Director, Student Services

19-1

04/07/2019

05/07/2019

Amended after policy and procedure review to improve functionality

Director Student Services

17-2

23/11/2017

23/11/2017

updated role title to reflect current organisational structure

Quality, Standards and Policy Officer

17-1

6/04/2017

26/05/2017

Amended as part of review of policies and procedures associated with grades and results. Refer to Education Committee Minutes (2/17) 6 April.

Manager, Student Finance and Examinations

Contact person

Director, Student Services

Keywords

Appeal, Final Subject Result,