Student appeals

The University provides students with the right to appeal some University decisions.

The appeal process:

provides the ability to restore trust where a mistake or error has been made
allows the University to amend a wrong where no current legislation, policies or procedures provide protection for a student
ensures that all students are given the opportunity to seek procedural fairness should the need arise.

Work out if you can lodge a notice of appeal

If your answer to all 4 of the follow questions is 'yes', then you may lodge a Notice of Appeal.

: Only certain University decisions can be appealed. Is the University decision one of these:
a misconduct decision
a complaint decision
a safety decision
an academic progress decision
a statutory decision.
Policies & procedure documents related to appealable decisions
Read the relevant policy and/or procedure which relates to a decision that has affected you.
The authority documents set out the processes and procedures that must be followed in making a decision. If the University has not followed the procedures outlined in the authority documents then this may be grounds for your appeal.
Misconduct authority documents
Student Misconduct Regulation 2019
Student Misconduct Procedures
Academic Integrity Policy
Academic Integrity Guidelines
Student complaint authority documents
Student Complaints Policy
Student Complaints Procedures
Academic progress
Academic Progress Regulations 2016
Academic Progress Foundation Studies Procedure
Academic Progress-Unsatisfactory Progress Procedures (HE)
Exclusions for safety reasons
Exclusions for Safety Reasons Regulation 2019
Exclusion for Safety Reasons Procedures
Statutory decision
Education Services for Overseas Students Act 2000, HESA
: The University process has been completed when you receive a written, dated report of the outcome of an investigation or review. This notification will be signed by a Senior Officer of the University. It will also advise you of the appeals process and deadlines.
Read our student information booklet for more information:
Student appeals - Student information booklet (PDF, 297.47 KB)
Do not lodge an appeal unless you have received this notification.
: There are four eligible grounds for appeal:
the existence of new relevant material of a significant nature
there was a misapplication of procedure resulting in some real disadvantage to the student or eligible person that was the subject of the decision
the decision was manifestly wrong or the sanction was manifestly excessive
there was a bias or a conflict of interest on the part of the original decision maker/s.
These reasons are not eligible grounds for appeal:
misunderstanding or not being aware of the published University regulations and procedures
being unaware of the situation due to not reading your student emails
not using the University’s support systems available at the time of the University decision being made
simply being dissatisfied with the decision made by the University.
Grounds for appeal are explained in more detail on this page under the heading "Eligible grounds for appeal (in detail)".
: Once you are notified of a University decision, you have 20 University business days to appeal.
Any later than 20 days and your application will be invalidated.
No further action can be taken within the University.

Eligible grounds for appeals (in detail)

There are only four grounds for appeal. Not being satisfied with the decision is not grounds for an appeal.

: The existence of new relevant material of a significant nature, being relevant material that was not reasonably available to the student or eligible person prior to the original decision being made and which is inherently different from material that was available.

Comment

This material would not have been available at the time – not that you did not supply to the decision makers.

For example, if you had a medical condition and had the appropriate documentation to confirm that you required special consideration it is expected that you would have applied for special consideration in accordance with Part D of the Assessment for Learning - Adjustments to Assessment Procedure (HE).

There are occasions when your ability to engage with the University is hampered by unexpected occurrences and this would be consistent with grounds for an appeal.
: There was a misapplication of procedure resulting in some real disadvantage to the student or eligible person that was the subject of the decision.
Comment
This requires you to ensure that you have read the various procedures used leading to the University decision. All Regulations and Procedures are published on the University’s Policy website and if you are not clear you should discuss with Student Advocates.
The University is a large organisation with many complex systems.
An individual may be impacted by a misapplication of a procedure or a systems error. Usually these can be addressed before the appeal process, but if the matter cannot be resolved at the local level, then you may lodge an appeal on these grounds.
: The decision was manifestly wrong or the sanction was manifestly excessive.
Comment
You need to explain how the University decision was wrong in the context of the University’s legislation or policies or Commonwealth legislation. You may also argue that the decision was wrong in light of the specifics in relation to your case.
If you argue that the sanctions are excessive you need to identify how or why the imposed sanction is not within the range of possible sanctions related to the decision or based upon incorrect information.
For example, if the University decision relates to sanctions imposed for academic misconduct you would need to indicate that the sanctions imposed were excessive in light of the listed sanctions listed in Part F of the Student Misconduct Procedure.
: There was a bias or a conflict of interest on the part of the original decision maker or decision makers.
Comment
This would include evidence that the University decision maker/s had a conflict of interest when deciding on the matter or were not impartial.
Involvement of the staff member in an earlier stage of the decision-making may also be considered a conflict of interest.

Lodge an appeal

Once you have established that the matter is an appealable decision, and that you have 1 or more of the 4 grounds to lodge an appeal, you need to formally lodge an appeal. Follow this process to lodge your appeal.

: Before completing your Notice of Appeal, read our student information booklet to ensure that you'll be able to complete your notice properly.
Student appeals - Student information booklet (PDF, 297.47 KB)
A Student Advocate can help in this process, and in completing this form.
To speak to a staff member:
Phone +61 3 9919 5400
Email: [email protected] .
: To lodge your appeal, you must complete and submit a Notice of Appeal form (DOCX, 1.58 MB).

If you have difficulty accessing this version of the document, contact [email protected] for an alternative version.
: Your appeal will only be accepted if the completed documentation is lodged by email to [email protected] within 20 University business days of the University decision.
No appeals will be processed if they are submitted beyond the deadline or are incomplete.

After you have lodged your appeal

The University has a two tiered process for consideration of all valid appeals lodged with the Governance and Secretariat.

: The first stage (Tier 1) will involve a Panel Chair considering the appeal documentation.
If the Panel Chair finds your case has merit an Appeal Panel Hearing will be convened.
If the Chair decides the case does not have merit, the appeal will be dismissed and no further consideration will be given.
: If you are granted an Appeal Panel Hearing, you will be advised of the date, time and venue for the hearing.
You will be:
provided with the Panel Hearing documentation (by the Student Appeals Secretariat) that has been presented to the Panel members
allowed to be accompanied by a support person or student advocate
provided the opportunity to speak to your case (usually about 20 minutes) and then answer any questions that may arise.
The Panel may ask you to leave the room while it considers your case.
Often you will be presented with the outcome of the Panel Hearing at the conclusion of the meeting.
However a written report will be sent to you and the original decision maker within 5 University business days of the hearing.
: If you believe that at the end of the Appeal Process that the University has not followed due process, you may seek a review* with an external agency such as:
Victorian Ombudsman
Victorian Equal Opportunity and Human Rights Commission
Australian Human Rights Commission.
* All visa holders must contact the Director of Student Administration if they intend to lodge a request for an external review.

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Work out if you can lodge a notice of appeal

Policies & procedure documents related to appealable decisions

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Exclusions for safety reasons

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Eligible grounds for appeals (in detail)

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Lodge an appeal

After you have lodged your appeal

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