Academic Appeals Policy
Section 1 - Introduction
(1) Academic decisions made by the University of Newcastle (
Section 2 - Purpose
(2) This Policy establishes the principles that govern the appeal of an academic decision made on behalf of the
Section 3 - Scope
(3) This Policy applies to:
- academic decisions regarding a
student and in association with aUniversity undergraduate coursework program,postgraduate courseworkprogram , anundergraduate orpostgraduate course , non-award courses, and enabling programs.
(4) This Policy does not apply to:
- Higher Degree by Research Programs or candidates (please refer to Higher Degrees by Research Policy);
- English Language Intensive Courses for Overseas Students (ELICOS) student academic decisions (please refer to English Language Intensive Courses for Overseas Students (ELICOS) Program Manual);
student academic decisions relating to the Joint Medical Program (please refer to Joint Medical Program Schedule);student misconduct matters dealt with under the provisions of the Student Conduct Rule; or- complaints dealt with under the provisions of the Complaint Management Policy.
Section 4 - Definitions
(5) In the context of this document the following definitions apply:
- “Academic decision” refers to a decision made by a
University staff member or committee where the outcome of the decision has significant impact on thestudent's enrolment, progress orprogram completion; - “Original decision maker” – means a
staff member of theUniversity who has made an academic decision; - “Principles of procedural fairness” requires that:
- the decision maker is impartial, and free from actual or apparent bias;
- the
student whose interests will be affected by a decision receives a fair hearing, including the opportunity to respond to any adverse material that could influence the decision; and - a finding is based on evidence that is relevant and logically capable of supporting the findings made.
Section 5 - Principles
(6) A
(7) A
(8) An appeal against an academic decision is permitted where:
- there is evidence that the relevant procedure for dealing with the matter was not complied with;
- there is evidence to establish that there was a lack of procedural fairness; or
- new information, that was not able to be obtained at the time of the original decision, has become available and should be taken into consideration.
(9) The
- is not in accordance with the provisions of clause 8;
- cannot be supported by sufficient evidence;
- is solely on the basis of disagreement with the original decision; or
- is considered to be vexatious, frivolous or misconceived.
(10) An appeal made by a
- clearly stipulate the basis on which the appeal is being made;
- be supported by all relevant evidence;
- be made in writing (digital or handwritten).
(11) A relevant
- establish timeframes for submitting, considering and determining the appeal;
- provide for additional valid or invalid grounds for appeal; and
- dictate the method of submitting an appeal (please refer to Section 6 – Relevant Procedures).
(12) Prior to making an appeal a
(13) A student will remain enrolled at the
Appeal Decision Makers
(14) Appeals against a final result must be dealt with by the College Progress and Appeals Committee. Appeals against all other academic decisions must be dealt with by a
- is not the original decision maker;
- holds a position that is at least one management level above the original decision maker; and
- is appointed to a position that holds appropriate delegated authority to consider the matter and make a determination (see Delegations Register).
(15) All
Considering an Appeal
(16) A
- seek further information from the original decision maker;
- seek further information from the
student making the appeal; and/or - invite the
student to attend an appeal hearing in person or via video conference (e.g. Zoom).
(17) A
(18) An appeal must be considered on the basis of:
- the material and evidence that was considered by the original decision maker;
- any new or fresh evidence that was submitted by the
student in making the appeal, or responding to a request for further information; and - the submission made by the
student to request the appeal.
(19) The consideration of all appeals will be timely and transparent, and conducted according to the principles of procedural fairness.
(20) The process undertaken to consider an appeal must comply with all relevant legislation and
Appeal Determinations
(21) The outcome of an appeal will be advised in writing to the
- the appeal is dismissed; or
- the appeal is partially upheld; or
- the appeal is fully upheld.
(22) A notification of an outcome of an appeal will provide sufficient information to the
- establish that the principles of procedural fairness have been upheld;
- provide transparency in relation to how the determination was made;
- notify the
student of support services available to them; and - notify the
student of any further available avenues of appeal, external review or complaint.
(23) If a determination is made to dismiss the appeal, the original decision will remain.
(24) If a determination is made to uphold the appeal, the actions to be taken by the
(25) The original decision maker will be notified of the outcome of an appeal against their decision.
(26) Once a determination is made the
Record Management
(27) All records relating to appeals must be managed in accordance with the Records and Information Management Policy.
Top of PageSection 6 - Relevant Procedures
Academic Decision | Relevant Appeal Procedure |
---|---|
Final result | Course Management and Assessment Manual |
Credit | Academic Credit Manual |
Sanction applied for academic progress | Student Academic Progress Procedure |
Leave of absence | Enrolment Manual |
Admission | Admission Procedure Manual - Coursework Programs |
Adverse Circumstances | Adverse Circumstances Affecting Assessment Items Procedure |
Re-enrolment into original program (Bachelor of Education Studies) | Bachelor of Education Studies Schedule |
Re-enrolment into original program (Graduate Diploma in Education Studies) | Graduate Diploma in Education Studies Schedule |
Entry into Final (Fourth) Year – (Bachelor of Psychology Honours) and Bachelor of Psychological Science) | Bachelor of Psychology (Honours) and Bachelor of Psychological Science Schedule |