Section 17 — Appeals Committees of Academic Board

17.1 Constitution

17.1.1 There shall be Appeals Committees of Academic Board which shall be constituted in accordance with Rules 17.2 to 17.5 for the purposes of a student’s right of appeal under the following Rules:

• Rule 5.6.5 (relating to Refusal of application, withdrawal of offer of admission and cancellation of admission or enrolment);
• Rule 3.4.8 (relating to internship requirements);
• Rule 11.24 (relating to Appeal against discontinuation of candidature).

17.2 Graduate Research Students’ Appeals Committee

17.2.1 Composition

(1) A Graduate Research Students’ Appeals Committee shall consist of:

        (a) a Chair appointed from panel members (refer Rule 17.2.1(2));
        (b) two academic staff members with experience in supervision of graduate research students appointed from panel members (refer Rule 17.2.1(2)); and
        (c) a graduate research student of the University who has been enrolled at the University for at least one year, appointed from panel members (refer Rule 17.2.1(2)).

(2) Panel members shall be nominated by the Dean of each faculty and appointed by the Chair of Academic Board for a two-year term. Each Dean shall nominate two academic staff members from his or her faculty with experience in the supervision of graduate research students (one for each of panels (a) and (b)) and one graduate research student from his or her faculty who has been enrolled for at least one year, for panel (c). The Chair of Academic Board will approve the Deans’ nominations.

(3) Panel members may be appointed for not more than three consecutive terms.

(4) When an appeal is lodged, the Chair of Academic Board, in consultation with the Deputy Vice-Chancellor (Research), shall constitute a Graduate Research Students’ Appeals Committee as required under Rule 17.2.1(1) from the panel members appointed under Rule 17.2.1(2). To avoid conflicts of interest, no one from the appealing student’s faculty shall sit on the committee and the principles outlined in Rule 17.2.1(6) will be followed. In the event that an appropriate Chair is not available from the panel, a temporary Chair will be appointed by the Chair of Academic Board. This temporary appointment may be for a specified period, or a specified appeal hearing, at the discretion of the Chair of Academic Board. If the Chair of Academic Board is from the same faculty as the appellant, the Deputy Chair of Academic Board or the University Secretary shall constitute the committee.

(5) All members of a Graduate Research Students’ Appeals Committee must be present at all meetings convened for a specific case. This requirement can be satisfied by the participation of one or more members through remote conferencing.

(6) Given the University’s objectives with regard to embracing diversity, the panel should reflect a balance of genders where possible. Additionally, to foster objectivity and transparency, the panel should reflect a balance of faculties where possible.

17.2.2 Terms of reference

(1) The Graduate Research Students’ Appeals Committee shall make determinations on graduate research student appeals against discontinuation of candidature on grounds of unsatisfactory progress pursuant to Rule 11.23.2(1) or unsatisfactory examination pursuant to Rule 11.23.2(2).

(2) In cases where an appeal is upheld, the Graduate Research Students’ Appeals Committee may also make recommendations to facilitate the implementation of a remedy appropriate to the circumstances of the matters in question. These recommendations must comply with UTS rules, policies, and procedures, including the Student Rules and the Graduate Research School’s policies and procedures.

17.3 Internships Appeals Committee

17.3.1 Composition

(1) An Internships Appeals Committee will consist of four members:

        (a) three academic staff members, with experience in the placement and administration of internship students, one of whom shall serve as the Committee’s Chair; and
        (b) a student of the University who has been enrolled at the University for at least one year and who has completed, or partially completed, internship course requirements.

(1A) Given the University’s objectives with regard to embracing diversity, the panel should reflect a balance of genders where possible. Additionally, to foster objectivity and transparency, the panel should reflect a balance of faculties where possible.

(2) From time to time, Deans of faculties that have a substantial number of students in courses with internship requirements will be requested to nominate persons in categories (a) and (b) above. The Chair of Academic Board will from time to time approve persons nominated by the Deans to comprise a panel of persons who may be appointed to serve on an Internships Appeals Committee, as constituted in accordance with Rule 17.3.1(4).

(3) The term of office for a panel member approved under Rule 17.3.1(2) will continue until such time as the member resigns their membership, or ceases to be eligible for membership under Rule 17.3.1(1).

(4) When an appeal is lodged, the Chair of Academic Board will appoint three persons from the panel of persons approved under Rule 17.3.1(2) to constitute a committee as required under Rule 17.3.1(1). The Chair of Academic Board will also appoint a Committee Chair from amongst those three persons. Committee members, including the Chair, will not be from the same faculty as the appellant and the principles outlined in Rule 17.3.1(1A) will be followed, where possible. In the event that an appropriate Chair is not available from the panel, a temporary Chair will be appointed by the Chair of Academic Board. This temporary appointment may be for a specified period, or a specified appeal hearing, at the discretion of the Chair of Academic Board.

(5) With respect to Rule 17.3.1(4), if the Chair of Academic Board is from the same faculty as the appellant, the Deputy Chair of Academic Board or the University Secretary will constitute the committee.

(6) All members of an Internships Appeals Committee must be present at all meetings convened for a specific case. This requirement can be satisfied by the participation of one or more members through telephone or video conferencing.

(7) Before making a final determination and consistent with procedural fairness, the committee, through the Chair, may obtain appropriate advice and assistance from a person with strong experience in professional education of students in the relevant area, who has had no previous involvement in the matter, to assist it in assessing necessary levels of capacity and standards of behaviour of students undertaking an internship.

17.3.2 Terms of reference

The Internships Appeals Committee shall make determinations on appeals against decisions of the Deputy Vice-Chancellor (Education and Students) pursuant to Rule 3.4.6 relating to deferral of a student’s participation in any part of required professional experience that would have the effect of preventing the student from continuing their course.

17.4 Admissions Non-disclosure Appeals Committee

17.4.1 Composition

(1) An Admissions Non-disclosure Appeals Committee shall consist of:

        (a) the Chair, appointed from a panel (refer Rule 17.4.1(2));
        (b) two academic staff members, with experience in admission procedures of the University, appointed from a panel (refer Rule 17.4.1(2)).

(2) Nomination of the panel members for Rule 17.4.1 shall be made by the Dean of each faculty, and appointment of panel members approved by the Chair of Academic Board.

(3) When an appeal is lodged, the Chair of Academic Board, in consultation with the Provost, shall constitute an Admissions Non-disclosure Appeals Committee as required in Rule 17.4.1(1).

(4) The Chair of Academic Board shall appoint persons in categories (a) and (b) when the committee is required to meet. Committee members, including the Chair, will not be from the same faculty as the appellant and the principles outlined in Rule 17.4.1(6) will be followed. In the event that an appropriate Chair is not available from the panel, a temporary Chair will be appointed by the Chair of Academic Board. This temporary appointment may be for a specified period, or a specified appeal hearing, at the discretion of the Chair of Academic Board. If the Chair of Academic Board is from the same faculty as the appellant, the Deputy Chair of Academic Board or the University Secretary shall constitute the committee.

(5) All members of an Admissions Non-disclosure Appeals Committee must be present at all meetings convened for a specific case. This requirement can be satisfied by the participation of one or more members through telephone or video conferencing.

(6) Given the University’s objectives with regard to embracing diversity, the panel should reflect a balance of genders where possible. Additionally, to foster objectivity and transparency, the panel should reflect a balance of faculties where possible.

17.4.2 Terms of reference

An Admissions Non-disclosure Appeals Committee shall make determinations on appeals against withdrawal of offer and cancellation of enrolment, pursuant to Rule 5.6.5.

17.5 Procedures for Appeals Committees

17.5.1 Appeals Committees of Academic Board shall be convened by the University Secretary as required in accordance with the relevant Standing Orders for Academic Board.

17.5.2 Each appeal must be dealt with on its own terms and merits and in accordance with its own circumstances.

17.5.3 Academic Board shall approve sets of procedures to be followed by the respective Appeals Committees established under Rules 17.2 to 17.4, and such procedures shall be subject to review by the Academic Board from time to time.

17.5.4 An Appeals Committee shall determine how to handle the matters before it, consistent with the procedures that Academic Board has approved for it. In particular, an Appeals Committee is not bound by the rules of evidence and may inform itself on any matter relevant to its deliberations in a way that it considers to be efficacious and reliable, consistent with basic fairness to each appellant, and having regard to the academic standards of the University.

17.5.5 Senior administrative staff may assist Appeals Committees, act as advisers and attend meetings as required by the Chair. These staff may include the Director, Student Administration (or nominee), Director, Student Services Unit (or nominee), the Director, Graduate Research School (or nominee), or any other advisers nominated by the Chair of the committee having regard to the stated grounds for appeal. In providing assistance to an Appeals Committee, the members of staff shall confine their comments or contributions to the provision of factual information or technical or legal advice that is actually needed to assist the committee to deal with the matter or matters before it. They should not express any opinion about the appropriate outcome for individual cases or on the merits of any case. A note should be made of the substance of their advice and this should be kept with the official University file relating to the appeal in question.

17.6 Dissolution of an Appeals Committee

17.6.1 Where, in the opinion of the University Secretary, an Appeals Committee, constituted under Rules 17.2, 17.3 or 17.4, is not progressing an appeal expeditiously, the University Secretary may, after consultation with the Chair of the Appeals Committee, by notice in writing served on the members of the Appeals Committee and the student, dissolve that committee.

17.6.2 Where the University Secretary dissolves an Appeals Committee under Rule 17.6.1, another Appeals Committee comprised in accordance with Rules 17.2 to 17.4 will be formed to consider the appeal, but no person who was a member of the dissolved Appeals Committee may be a member of that other Appeals Committee unless the Chair of Academic Board so resolves.

17.7 Decision of an Appeals Committee

17.7.1 A decision of an Appeals Committee of Academic Board requires a simple majority of the members deciding the appeal. The Chair has a casting vote in the event that this is necessary.

17.7.2 An Appeals Committee of Academic Board may:

(1) refer a matter back to the decision-maker for further consideration; or

(2) uphold an appeal and reverse the original decision; or

(3) uphold an appeal in part and vary the original decision; or

(4) dismiss an appeal.

17.7.3 The Chair of an Appeals Committee of Academic Board must provide the University Secretary with the committee’s minutes within five working days of the meeting at which a decision is made. An extension of this time limit by no more than five working days is possible and subject to agreement between the Chair and the University Secretary. The minutes must contain the record of the decision taken and the reasons for the decision.

17.7.4 A decision of an Appeals Committee of Academic Board is final. The decision of an Appeals Committee of Academic Board must be reported to Academic Board for information via an Appeals Committees of Academic Board annual report.

17.7.5 Where student misconduct has occurred as part of the appeals process including, but not limited to, submission of fraudulent documentation or misleading conduct, the matter may be referred to the Director, Governance Support Unit for further action.

17.7.6 Appeals Committees of Academic Board must prepare an annual report of their decisions and submit it to Academic Board for information purposes only.

17.8 Notification of decision

17.8.1 The University Secretary must provide notice of the Appeals Committee’s decision and reasons for the decision to the student within five working days of receiving the minutes under Rule 17.7.3.

17.8.2 The University Secretary may provide notice of the decision and reasons for it to any other person who has a legitimate reason for having access to such information and in accordance with the provisions of the Privacy Policy.