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Part 3 - Appeals

Statute 10 Student Conduct and Discipline


10.17 Procedure for lodging appeal
10.18 Action by Deputy Vice-Chancellor
10.19 Deferral of penalty during appeal
10.20 Discipline Appeals Committee
10.21 Conduct of Discipline Appeals Committee
10.22 Powers of Discipline Appeals Committee
10.23 Notification of decision of the Discipline Appeals Committee


10.17 Procedure for lodging appeal

10.17.1 The student may appeal a decision of the Designated Officer or of a Discipline Committee under this Statute or, under the Academic Honesty Policy, a decision of the Deputy-Vice-Chancellor (Academic) only.

10.17.2 The only grounds on which a student may appeal are that:

  1. there was failure to comply with procedural fairness by reason of which the student has not received a fair hearing;
  2. there is new evidence relating to mitigating circumstances affecting the student’s misconduct;
  3. the decision was manifestly wrong; or
  4. the penalty imposed was manifestly excessive, inappropriate or not available in the circumstances.

10.17.3 To lodge an appeal the student must:

  1. give written notice of appeal to the Deputy-Vice-Chancellor (Students, Learning and Teaching) within twenty working days of the date on which the student received or is deemed to have received written notice of the decision;
  2. specify whether the appeal relates to the finding of misconduct or to the penalty imposed or to both the finding and the penalty;
  3. set out the grounds of appeal under Section 10.17.2 and the substance of the matters forming the basis of the appeal;
  4. provide an address to which notices or documents connected with the appeal may be posted or left for the student; and
  5. indicate whether the student intends to be accompanied, at any appeals hearing, by a support person with a qualification in law.

10.17.4 In the event that the Deputy-Vice-Chancellor (Students, Learning and Teaching) has previously been involved in the decision to which the appeal relates, he/she will refer the appeal to the Deputy-Vice-Chancellor (Administration and Resources) who will exercise the relevant authorities under this Statute.

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10.18 Action by Deputy-Vice-Chancellor (Students, Learning and Teaching)

10.18.1 The Deputy-Vice-Chancellor (Students, Learning and Teaching) must review the student’s appeal and may:

  1. following appropriate investigation, uphold the appeal in toto;
  2. if Sections 10.17.2 and/or 10.17.3 are not satisfied, decline to progress the appeal;
  3. if he/she considers that the appeal is frivolous or vexatious, decline to progress the appeal; or
  4. give notice of the appeal to the chairperson of the Discipline Appeals Committee.

10.18.2 The Deputy-Vice-Chancellor must notify the student of his/her decision under this Section.

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10.19 Deferral of penalty during appeal

10.19.1 Unless the Deputy-Vice-Chancellor , in his/her absolute discretion, determines otherwise, the lodgement of a notice of appeal operates as a deferral of any penalty imposed.

10.19.2 Any deferral of penalty concludes when the appeal has been determined or on written notice from the student that the student’s appeal is withdrawn, whichever is the earlier.

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10.20 Discipline Appeals Committee

10.20.1 The Discipline Appeals Committee comprises four persons as follows:

  1. at least two members of staff;
  2. one student; and
  3. one other person (who may also be a member of staff)

all appointed by the Deputy-Vice-Chancellor (Students, Learning and Teaching), who must designate one member as chairperson of the Committee.

10.20.2 Membership of the Discipline Appeals Committee may not include the Designated Officer, any person who was a member of the Discipline Committee which made the decision appealed against, or any person who lodged a report which led to investigation of the alleged misconduct.

10.20.3 A quorum of the Committee is three members.

10.20.4 The chairperson has a deliberative vote and, if required, a casting vote.

10.20.5 The Deputy-Vice-Chancellor (Students, Learning and Teaching) may appoint a person to act as secretary to the Discipline Appeals Committee. The secretary will provide the Committee with administrative support but does not vote.

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10.21 Conduct of Discipline Appeals Committee

10.21.1 Subject to this Section, the provisions of Section 10.12, will apply to all hearings conducted by the Discipline Appeals Committee.

10.21.2 The Discipline Appeals Committee must convene to determine the appeal within twenty working days after receipt by the Deputy-Vice-Chancellor (Students, Learning and Teaching) of the notice of appeal.

10.21.3 If the appeal is against a finding of misconduct, the onus of proof is upon the student to demonstrate that the original determination was incorrect. If the appeal is against the severity of a penalty , the Discipline Appeals Committee must confine its deliberations solely to the issue of penalty.

10.21.4 In proceedings before the Discipline Appeals Committee, t he support person appointed by the student in relation to an appeal may be a person with a qualification in law . In such proceedings, the support person may make legal and/or other submissions on the student’s behalf unless, in the opinion of the Committee, the making of any such submission is or might be disruptive to, or may unreasonably extend, the proceedings.

10.21.5 A hearing conducted by the Discipline Appeals Committee is not a re-hearing. It is confined to the grounds contained in Section 10.17.2 . In proceedings before the Discipline Appeals Committee, the student, or the support person on the student’s behalf, may call and examine witnesses and present new material only where the subject matter of the appeal relates to Section 10.17.2 (b) or (c).

10.21.6 The Vice-Chancellor or Deputy-Vice-Chancellor (Students, Learning and Teaching) may appoint a person with a qualification in law or a member of the staff of the University to represent the University at the hearing. The person appointed may call and examine witnesses where the appeal relates to the grounds contained in Section 10.17.2(b) or (c). The person appointed may also make legal and/or other submissions unless, in the opinion of the Committee, the making of any such submission is or might be disruptive to, or may unreasonably extend, the proceedings.

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10.22 Powers of Discipline Appeals Committee

10.22.1 The Discipline Appeals Committee may:

  1. confirm or vary the decision appealed;
  2. confirm or vary the penalty appealed; or
  3. uphold the appeal.

10.22.2 If the Discipline Appeals Committee dismisses the whole or any part of the decision appealed, it must confirm or vary any penalty imposed or substitute another penalty. In imposing a penalty, it may exercise the same powers as those available to the Discipline Committee under Section 10.15.3 above.

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10.23 Notification of decision of the Discipline Appeals Committee

10.23.1 The Discipline Appeals Committee must provide a written report to the Deputy-Vice-Chancellor (Students, Learning and Teaching) who, within five working days of finalisation of the appeal by the Discipline Appeals Committee, must notify the student of:

  1. the process undertaken;
  2. the decision reached on the appeal;
  3. the reasons for the decision; and
  4. any penalty imposed and any conditions thereon.

10.23.2 The decision of the Discipline Appeals Committee is final and there is no avenue of appeal against that decision to any other body within the University.

10.23.3 A copy of the notification to the student will be provided to the Deputy-Vice-Chancellor (Administration and Resources) and the relevant Executive Dean and Associate Vice-Chancellor/Campus Dean.

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