• Section 1 - About this Procedure
• Introduction
• Purpose
• Scope
• Section 2 - General Provisions
• Section 3 - Adverse Circumstances Affecting Assessment Items
• Section 4 - Other Academic Flexibility and Support
• Class Allocation
• Learning Activities
• Withdrawal without Academic Penalty
• Fees

Section 1 - About this Procedure

Introduction

(1) The University of Newcastle (University) supports students who have unavoidable commitments arising from their defence service, emergency services or elite athletic roles, and has adopted special provisions to assist those students to manage the impact of those commitments on their studies.

Purpose

(2) This Procedure outlines the types of support that may be available to students covered by this Procedure in relation to class allocation, attendance, availability of study materials, assessment requirements, enrolments and fees. 

(3) This Procedure must be read in conjunction with the University's Adverse Circumstances Affecting Assessment Items Policy, Adverse Circumstances Affecting Assessment Items Procedure, Course Assessment and Grading Manual, Enrolment Manual and Timetabling Policy.

(4) This Procedure operates in conjunction with associated University policies, procedures and manuals. Nothing in this Procedure replaces, limits, or overrides requirements, decision-making processes, or appeal provisions contained in those documents.

Scope

(5) This Procedure applies to students who, at the time of making an application or request under this Procedure, are:

1. active members of one or more of the following cohorts:
   1. Australian Defence Force members;
   2. Australian Defence Reserves;
   3. Australian Federal or State Police Forces;
   4. Australian Federal or State Fire and Rescue Services, including volunteers;
   5. Australian State Emergency Services members and volunteers;
2. a recognised University of Newcastle elite athlete (as defined by NuSport); or
3. a recognised University of Newcastle Sports Scholar Program athlete.

(6) An active member, in the context of this procedure, is a person currently enlisted, employed, appointed, or registered to perform operational duties with the relevant organisation.

(7) This Procedure applies where a student's studies are impacted by an eligible commitment. An eligible commitment means a defence service obligation, emergency service obligation, law enforcement obligation or elite sporting commitment recognised under this Procedure. 

Section 2 - General Provisions

(8) A student seeking support under this Procedure must provide appropriate supporting documentation. 

(9) Supporting documentation may include a letter from a relevant individual or authority confirming the nature and timing of the eligible commitment, or other verifiable evidence of that commitment.

(10) Applications and requests under this Procedure will be considered and determined by an authorised delegate. The appropriate delegate will be determined by the nature of the application or request. 

(11) In determining an application or request, the authorised delegate may have regard to:

1. the nature and timing of the student's eligible commitment;
2. the supporting documentation provided by the student;
3. the academic requirements of the relevant program, course, assessment item, placement or other activity; and
4. the University's obligations under other internal policies and procedures, and/or relevant legislation.

(12) The authorised delegate may approve or refuse an application or request made under this Procedure, or request further supporting documentation.

Section 3 - Adverse Circumstances Affecting Assessment Items

(13) For the purposes of clauses 14(b)(v) and 15(b) of the Adverse Circumstances Affecting Assessment Items Policy, an eligible commitment is considered an unavoidable commitment and is not considered a usual work commitment.

(14) A student covered by this Procedure may submit an Application for Adverse Circumstances Affecting Assessment Items in accordance with the Adverse Circumstances Affecting Assessment Items Policy and the Adverse Circumstances Affecting Assessment Items Procedure where their eligible commitment adversely impacts, or is likely to adversely impact their preparation, attendance or performance in an assessment item.

(15) An application under clause 14 may be made to request:

1. an extension of time to submit an assessment item;
2. a rescheduled in-class test or assessment item;
3. a rescheduled formal examination or alternative assessment item;
4. an exemption from a compulsory attendance requirement or a rescheduled compulsory activity; or
5. a rescheduled or reallocated placement.

(16) Applications under clause 14 must be submitted in accordance with the application requirements and timeframes specified in the Adverse Circumstances Affecting Assessment Items Procedure.

Section 4 - Other Academic Flexibility and Support

Class Allocation

(17) Wherever possible, Student Central will give priority to students covered by this Procedure in class allocation processes to minimise conflicts between their personal timetable and their service-related or athletic commitments.

Learning Activities

(18) Wherever possible, a student covered by this Procedure who is unable to attend a class due to their eligible commitments should be provided with an appropriate alternative option to gain the knowledge or skills they would otherwise miss due to their absence.

Withdrawal without Academic Penalty

(19) In accordance with the Enrolment Manual, a student may withdraw from a course without academic penalty up to the final day of the relevant term. Withdrawal without academic penalty means that a grade of Fail will not be recorded on the student's academic record for the course.

(20) Where a student covered by this Procedure receives a Fail grade in a course due to the impact of their eligible commitments arising after the deadline to withdraw without academic penalty (such as where impacts occur during the formal examination period), the student may:

1. submit an appeal against their final grade to seek a supplementary assessment, in accordance with the Course Assessment and Grading Manual; or
2. apply to the University Registrar to amend their grade from a Fail to a withdrawal without academic penalty.

Fees

(21) A student who is an active member of the Australian Defence Force or Australian Defence Reserves and who intends to pay their tuition fees upfront using a government-related payment may apply to the University Registrar for an extension of the relevant payment deadline where there is a delay in receipt of that payment.

(22) A request under clause 21 must be supported by evidence of the delayed government-related payment.

(23) A student covered by this Procedure who paid tuition fees upfront may apply for a refund where:

1. the student withdraws from a course after the census date; 
2. the reason for the withdrawal was because of a variation or escalation of the student's eligible commitments; and 
3. as a result of the variation or escalation, the student's commitments were not reasonably compatible with continued study.

(24) Where a student covered by this Procedure applies for remission or re-crediting of a HELP debt under the Higher Education Support Act 2003, the University will be satisfied that special circumstances apply where:

1. the student's eligible commitments escalate after the census date for the relevant term;
2. the escalation was outside of the student's control; and
3. as a result of the escalation in commitments, it was not practicable for the students to successfully complete the requirements of the relevant course.