These Terms of Reference and Procedures establish the responsibilities and membership of the Student Appeals Committee within the governance structure of the University of South Australia. It sets out the matters which can be appealed to the Student Appeals Committee (SAC) and the process for lodging such appeals.
Complaints regarding decisions for which the University has not specified a formal review or appeal mechanism may be dealt with under the Student Complaints Resolution Policy and Procedure.
The SAC is a committee of the University Council and is the final avenue of appeal within the University.
The functions of the SAC are to:
2.1 Consider and determine appeals from students in the following circumstances:
a) the student is appealing a decision referred to in paragraph 2.2, and
b) the appeal has not previously been heard by the SAC, and
c) all other avenues of appeal within the University have been exhausted,
d) (in relation to appeals relating to a final grade) all of the assessment requirements for the course, including any participation requirements have been completed; and
e) the appeal meets one or more of the grounds for appeal set out in paragraph 2.31
2.2 The SAC will consider eligible appeals from students relating to the following matters:
a) A decision of a Formal Inquiry Committee relating to academic misconduct of a coursework student (refer to Academic Integrity Procedure).
b) A decision of an Executive Dean relating to a final grade (refer to Final Grades and Notations Procedure).
c) A decision of the Preclusion Appeals Committee to preclude a student following Academic Review (refer to Academic Review Procedure).
d) A decision of a Formal Review of Academic Progress Panel relating to the suspension of a research degree student (refer to Procedure AB-58 P3: Research Degrees Student Progression).
e) A decision of the Research Degree Examinations and Quality Panel relating to a research degree student’s thesis examination (refer to Procedure AB-58 P6: Research Degrees Thesis Preparation and Examination).
f) A decision of a Formal Inquiry Panel relating to research misconduct of a research degree student (refer to Procedure AB-58 P7: Research Degrees Student Research Misconduct).
g) A decision of a Student Misconduct Committee established under Statute 7.
h) A decision of an investigation undertaken pursuant to the Sexual Harm Procedure: Students (Sexual Harm investigation).
2.3 Grounds for appeal to the SAC are:
For matters relating to a final grade
i. The relevant policy and/or procedures were not correctly followed and this resulted in disadvantage to the student; and/or
ii. due consideration was not given to the student’s requirements during assessment processes following notification of these requirements in accordance with the University’s Students with Disabilities Policy and Procedures.
For matters other than appeals from the Student Misconduct Committee or a SASH investigation
i. The relevant policy and/or procedures were not correctly followed, and this resulted in disadvantage to the student; and/or
ii. new information that supports the student’s case for appeal has become available that was not available at the time the decision was made and which should be taken into consideration; and/or
iii. that there were factual errors that affected the earlier decision .
3.1 The membership of the SAC will consist of:
a) not more than three community members of the University Council
b) an external community person appointed by Council
c) three academic staff members of the University nominated and appointed by Academic Board.,
d) a member of the USASA Board or its nominee: and
e) in a case relating to a matter of a decision of a Student Misconduct Committee established under Statute 7 or a Sexual Harm investigation, a temporary member appointed under paragraph 3.7 below.
3.2 The Council will appoint one of the member appointed under paragraphs 3.1 a) and b) above to chair the Committee. If the appointed Chair cannot attend a meeting, the Committee may elect another of the member appointed under paragraphs a) and b) above to chair that meeting.
3.3 The Council may, at any time, appoint an alternate for any member of the SAC appointed under paragraphs 3.1 a), b) and e) above.
3.4 If a member appointed under paragraph 3.1 c) above cannot attend, a meeting of the SAC, the Chair of Academic Board may nominate an alternative from the academic staff unless, if the student is a research degree student, in which case, the alternate academic will be nominated by the relevant Executive Dean or by the Chair of Academic Board, from those staff who are listed on the University’s Register of Current Higher Degree Research Supervisors
3.5 An alternate appointed under either of clauses 3.3 or 3.4 may attend at and participate in any meeting of the SAC in the absence of and in the place of the member for whom they are the alternate and will have all the rights, powers and responsibilities of a member at that meeting.
3.6 A member of the SAC who has been involved in the previous hearings of the student’s complaint or investigation will recuse themselves from the hearing of the student’s appeal by the SAC.
3.7 Whenever the SAC receives an appeal relating to a matter of a decision of a Student Misconduct Committee established under Statute 7 or a Sexual Harm investigation, the Chief Academic Services Officer may recommend to the Chancellor an external community person whom the Officer considers has expertise that would assist the SAC and the Chancellor may, in their discretion, appoint that person to the SAC as member of the SAC for the hearing of that matter but not otherwise. An appointment made under this clause ends when the matter is concluded.
3.8 The SAC will be supported by an Executive Officer
The quorum will be one half of the membership of the SAC plus one further member and must include at least one member appointed by Council.
5.1 An appeal must be lodged, in writing, within 20 working days of the date of the communication notifying the student of the decision being appealed. The appeal must be lodged with the relevant responsible officer (refer to Table 1) and must, where relevant, set out the grounds for appeal.
Table 1. Process for lodging appeals to SAC
|
decision made by: |
Responsible Officer to review eligibility: |
|
Formal Inquiry Committee |
Registrar and Director: Student and Academic Services |
|
Executive Dean (final grades) |
Registrar and Director: Student and Academic Services |
|
Preclusion Appeals Committee |
Registrar and Director: Student and Academic Services |
|
Formal Review of Academic |
Registrar and Director: Student and Academic Services |
|
Research Degree Examination |
Lodge with Registrar and Director: Student and Academic Services for review by Deputy Vice Chancellor: Research and Enterprise |
|
Formal Inquiry Panel |
Dean of Graduate Studies
|
|
Student Misconduct Committee |
Registrar and Director: Student and Academic Services |
|
SASH Outcome Committee |
Director: Student Engagement Unit |
5.2 The responsible officer (or delegate) will determine if the appeal meets the eligibility criteria specified in paragraph 2.1. In considering the grounds for appeal, the responsible officer (or delegate) may consult with the relevant decision maker (staff member, committee or panel chair) for consideration of possible alternative outcomes that would avoid the need for an appeal. However, this option will not be used to deny a student access to the SAC if their appeal is eligible.
5.3 The decision of the responsible officer (or delegate) regarding eligibility for appeal to the SAC is final. Ineligible appeals will not be forwarded to the SAC for consideration and the decision being appealed will be implemented (unless paragraph 7.5 applies). No further avenues of appeal are available within the University.
5.4 The responsible officer (or delegate) must notify the student in writing, within 5-10 working days of the lodgement of the appeal, as to whether the appeal is eligible. This written notification must include information about any impact of the decision on the student’s enrolment and, in the case of international students, any potential impact on their Confirmation of Enrolment and student visa. If the responsible officer determines the appeal is not eligible, the written notification must include detailed reasons for the outcome and advice about the option to make a complaint to a relevant external agency (see section 8).
5.5 The responsible officer (or delegate) will report their decision regarding eligibility as follows:
a) For matters relating to coursework students, the relevant Academic Unit, UniSA Online, Campus Central, UniSA International (if applicable), and the SAC will be informed, and a copy of all correspondence provided to Registrar and Director: Student & Academic Services for inclusion on the student record.
b) For matters relating to research degree students, the relevant panel chair and Dean of Research (or delegate) will be informed, and a copy of all correspondence provided to Registrar and Director: Student & Academic Services for inclusion on the student record.
5.6 A student’s enrolment in their program of study or research will not be impacted whilst their appeal is being considered, unless the University considers that this places the student, others or the University at risk. In such cases the student will be notified of the impact on their enrolment.
6.1 SAC hearings will be conducted in accordance with the principles of procedural fairness.
6.2 The Chair of the SAC is responsible for ensuring that the confidentiality of third parties is maintained when documents are circulated.
6.3The SAC will consider relevant reports and any further written submissions from:
a) the student lodging the appeal
b) the relevant Executive Dean
c) the chair or nominee of the committee which made the decision under appeal, if applicable, and
d) any other staff or committees involved in making the decision under appeal.
6.4 The Executive Officer will deliver to the student via their University student email a copy of all documentation provided to the SAC for its consideration of the appeal.
6.5 The Executive Officer will invite the following to attend the hearing:
a) the student lodging the appeal. If the student is unable to attend in person, they may participate by telephone or virtually; and
b) the Executive Dean of the Academic Unit in which the student is enrolled, or their nominee.
6.6 The student may be assisted or represented by:
a) an USASA Advocacy Officer; or
b) a representative of the UniSA partner institution if the student is studying offshore; or
c) any UniSA staff member or student.
6.7 No party will be permitted to have legal representation at the hearing of an appeal.
6.8 The SAC will take any reasonable action necessary to accommodate any special needs of the student, for example by providing an interpreter.
6.9 The SAC may confirm, amend, vary or overturn a decision previously made in relation to the student who has lodged an appeal.
6.10 A decision of the SAC is final, and no further avenues of appeal exist within the University.
6.11 Each decision of the SAC will be recorded, with the record to include:
a) the date and time of the meeting
b) the members of the SAC present
c) other persons present at the meeting
d) a summary of the information considered by the SAC in reaching its decision,
e) the decision reached,
f) a summary of the reasons for the decision; and
g) the signature of the Chair of the SAC.
7.1 If the student’s appeal is denied, the decision being appealed will be implemented (unless paragraph 7.5 applies).
7.2 The Executive Officer will notify the student via their University student email within 7 working days of the SAC’s decision. The notification will include:
a) the SAC’s decision;
b) a summary of the reasons for the decision;
c) information about any impact of the decision on the student’s enrolment;
d) the external complaint rights of the student (see section 8); and
e) the implications for their Confirmation of Enrolment and student visa, if the student is an international student.
7.3 The Executive Officer will provide copies of the outcome of the appeal to (as appropriate):
a) the Executive Dean of the Academic Unit in which the student was enrolled;
b) the Academic Integrity Officer, where applicable
c) Campus Central or Research Student Services (as appropriate), for retention on the student’s file,
d) Registrar and Director: Student & Academic Services
e) Dean of Graduate Students, if the student is a research degree student, and
f) UniSA International (Quality and Compliance team), if the student is an international student.
g) Director: Student Engagement Unit, if the matter pertains to student non-academic misconduct or Sexual Harm matter.
7.4 International students who have been suspended or expelled for misconduct (including academic or research misconduct) will be reported to the Australian Government immediately following the outcome from the SAC, and the Confirmation of Enrolment will be cancelled irrespective of whether the student intends to lodge an external complaint. This may affect their student visa.
7.5 International students who have been precluded from their coursework degree or who have been suspended due to making unsatisfactory academic progress in their research degree are entitled to access and receive the outcome of one complaint lodged with an external agency before their preclusion or suspension will be reported to the Australian Government (refer to clause 8.2).
8.1 All students have the right to lodge a complaint at minimal or no cost with a relevant external agency about decisions made by the SAC. The purpose of the external complaints process is generally to consider whether the University has followed its policies and procedures, rather than make a decision in place of the University. Contact details for relevant external agencies can be found on the University’s website.
8.2 International students who are in the category set out in clause 7.5 and who wish to lodge an external complaint must inform the University in writing that they have done so within 10 working days from the date of the communication notifying them of the outcome of their appeal to the SAC.
8.3 In such cases the student’s place in the program will be held pending the outcome of the complaint. However, the students will not be permitted to enrol in further courses and any existing future enrolments will be cancelled.
8.4 Failure to notify the University within the specified timeframe will lead to the student’s Confirmation of Enrolment being cancelled which may affect their student visa.
9.1 Learnings from matters considered by the SAC will be documented and shared with relevant academic and professional units to ensure continuous improvement in the University’s decision making processes.
9.2 The SAC will report annually to Council on its activities, trends and any matters that are relevant to the teaching and learning, research and research training activities of the University and provide a copy of the report to Academic Board for noting.
Approved by Council- 10 December 2024