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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 –
- there was failure to comply with procedural fairness by reason of which the student has not received a fair hearing;
- there is new evidence relating to mitigating circumstances affecting the student’s misconduct;
- the decision was manifestly wrong; or
- the penalty imposed was manifestly excessive, inappropriate or not available in the circumstances.
10.17.3 To lodge an appeal the student must -
- give written notice of appeal to the relevant Associate Vice-Chancellor or Campus Dean within twenty working days of the date on which the student received or is deemed to have received written notice of the decision;
- specify whether the appeal relates to the finding of misconduct or to the penalty imposed or to both the finding and the penalty;
- set out the grounds of appeal under Section 10.17.2 and the substance of the matters forming the basis of the appeal;
- provide an address to which notices or documents connected with the appeal may be posted or left for the student; and
- indicate whether the student intends to be accompanied, at any appeals hearing, by a support person who is a former or current legal practitioner or who holds a law degree.
10.18 Action by Deputy Vice-Chancellor
10.18.1 The relevant Associate Vice-Chancellor or Campus Dean must review the student’s appeal and may –
- following appropriate investigation, uphold the appeal in toto;
- if Sections 10.17.2 and/or 10.17.3 are not satisfied, decline to progress the appeal;
- if he/she considers that the appeal is frivolous or vexatious, decline to progress the appeal; or
- give notice of the appeal to the chairperson of the Discipline Appeals Committee.
10.18.2 The relevant Associate Vice-Chancellor or Campus Dean must notify the student of his/her decision under this Section.
10.19 Deferral of penalty during appeal
10.19.1 Unless the relevant Associate Vice-Chancellor or Campus Dean, 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.10.20 Discipline Appeals Committee
10.20.1 The Discipline Appeals Committee comprises four persons as follows –
- at least two members of staff;
- one student; and
- one other person (who may also be a member of staff)
all appointed by the relevant Associate Vice-Chancellor or Campus Dean 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 relevant Associate Vice-Chancellor or Campus Dean 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.
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 relevant Associate Vice-Chancellor or Campus Dean of the notice of appeal.
10.21.3 If the appeal is against a finding of misconduct, it is the responsibility of the student to demonstrate that that finding is incorrect. If the appeal is against the severity of a penalty imposed, the Discipline Appeals Committee will confine its deliberations to the question of penalty.
10.21.4 The support person appointed by the student in relation to an appeal may be a former or current legal practitioner or a person who holds a law degree or another person, being willing to act, whom the student appoints. The support person may, subject to the agreement of the chairperson and the student, act as an advocate on the student’s behalf and address the Committee.
10.21.5 A hearing conducted by the Discipline Appeals Committee is not a re-hearing. The student or support person may only present submissions, and only to the extent that they are relevant to the ground or grounds in Section 10.17.2 relied upon by the student. However, if the student relies upon the ground in Section 10.17.2(b), the student or support person may also call and examine witnesses and present new material to the Committee.
10.21.6 The Vice-Chancellor or relevant Associate Vice-Chancellor or Campus Dean may appoint a former or current legal practitioner or a person who holds a law degree or a member of the staff of the University to represent the University at the hearing. A person so appointed may call and examine witnesses, if the student relies upon the ground in Section 10.17.2(b), present submissions and address the Committee at the conclusion of the evidence.
10.22 Powers of Discipline Appeals Committee
10.22.1 The Discipline Appeals Committee may –
- confirm or vary the decision appealed;
- confirm or vary the penalty appealed; or
- 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.
10.23 Notification of decision of the Discipline Appeals Committee
10.23.1 The Discipline Appeals Committee must provide a written report to the relevant Associate Vice-Chancellor or Campus Dean who, within five working days of finalisation of the appeal by the Discipline Appeals Committee, must notify the student of –
- the process undertaken;
- the decision reached on the appeal;
- the reasons for the decision; and
- 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 Faculty Dean.
