Exclusion Appeals Committee of Academic Board Procedures

Please note that these procedures have not yet been revised or converted to the new format.

Functions and Procedures

These functions and procedures should be read in conjunction with the document ‘Faculty Academic Progress Committees Functions and Procedures’.

1. Functions of the Committee

1.1 The Exclusion Appeals Committee (EAC) is a committee of the Academic Board constituted from a panel established by the Academic Board. Each committee comprises four members including a chair (a member of the teaching staff of the Faculty of Law), two other members (from those nominated by deans of each faculty), and one undergraduate student, or where appropriate a postgraduate student, nominated by the student organisations representing such students.

1.2 A quorum for an EAC hearing is three members including the chair.

1.3 The powers and procedures of the Exclusion Appeals Committee are set out in Statute 6.2 – Exclusion for Unsatisfactory Progress and the regulations made pursuant to that Statute.

1.4 If a student is excluded by the Academic Progress Committee (APC) of any faculty, the student may appeal to the Exclusion Appeals Committee on one or both of the following grounds:

a) new evidence not reasonably available to the student concerned at the time of the faculty hearing; or

b) procedural irregularity in the process of the faculty hearing or processing of the case. This would consist of a deviation from the procedures set out in:

• Statute 6.2 – Exclusion for unsatisfactory progress;
• Regulations made pursuant to the Statute; or
• Faculty Academic Progress Committees – Functions and Procedures.

1.5 A student who fails to appear at, or submit evidence to, a faculty academic progress committee hearing has no right of appeal. However, the dean of the faculty may exercise a discretion to refer the matter back to the academic progress committee for a re-hearing if this is merited by the exceptional circumstances of any particular case (refer also 2.4).

1.6 Following receipt of the notice of appeal, student encumbrances on Callista are to be removed, pending the outcome of the appeal.

1.7 Once an appeal is lodged it needs to be referred to a Law chair of the EAC who must determine whether or not there are prima facie grounds for the appeal (ie sufficient evidence to establish a case), with regard to (a) new evidence, or (b) procedural irregularity, or both. Failure to make available to the faculty hearing all relevant material reasonably available at the time of the hearing is not considered adequate grounds to appeal against the outcome of that hearing on the basis of material not presented.

1.8 Where the Law chair determines that:

1.8.1 there are no prima facie grounds for the appeal, the appeal is dismissed.

1.8.1.1 In all cases, the student will be served notice in writing of the chair's decision as soon as practicable, in accordance with 3.1.1.

1.8.1.2 The notice should attach the reasons for the chair’s decision.

1.8.1.3 The notice should include a statement of the implications on visas for international students who are excluded by their faculty.

1.8.2 there are prima facie grounds for appeal on the basis of new evidence only, the Law chair must refer the matter back to a reconvened faculty APC for rehearing.

The APC must have the same membership that made the original determination (as far as is practicable, refer APC Procedures). In addition to the original membership, the faculty APC will be augmented by the addition of any Law chair member of the EAC as an ordinary member of the Faculty APC.

1.8.2.1 An appeal against a decision of an APC on a re-hearing is limited to the grounds of procedural irregularity.

1.8.3 there are prima facie grounds for appeal on the basis of procedural irregularity, whether or not together with new evidence, the appeal must be heard by the EAC.

1.9 That the Law chair may seek advice or information from the Faculty APC chair through the secretary to the EAC, prior to referring the matter to a hearing.

1.9.1 That, in such circumstances, with the agreement of the Faculty APC chair, the Law chair can refer a matter back to the Faculty APC for a re-hearing without the need to conduct a formal hearing of the EAC.

1.10 The only circumstances under which a hearing by the EAC will be conducted is following the decision of a Law chair of the EAC that there are prima facie grounds of procedural irregularity. The hearing should confine its considerations to the matter of procedural irregularity, and should not concern itself with the faculty’s decision in as far as it was based on the academic merits of the student’s case.

1.11 Where an appeal is referred to the EAC, the dean or dean’s representative of the faculty from which the student has been excluded will be present at the hearing of the appeal. He/she and the student may make submissions to the EAC and present evidence. The faculty representative’s role is to assist the committee in its enquiries and to inform the committee of the procedures followed by the faculty in its decision to exclude the student.

The faculty representative appearing before the EAC should, except in exceptional circumstances, also have been a member of the Faculty APC.

1.12 The proceedings of the hearing will be conducted in the English language. If the committee decides that due to exceptional circumstances it is necessary to seek advice, the committee may adjourn proceedings and seek advice and support for the student in order to allow them to be heard.

1.13 Upon hearing the appeal, the EAC may either reject or uphold the appeal.

1.13.1 Where the EAC rejects the appeal, the appeal is dismissed, with no further right of appeal.

1.13.2 Where the EAC upholds the appeal, the student is entitled to a de novo hearing before a newly convened faculty APC. The Faculty APC must have different membership from the original hearing, and must contain no member of the APC that made the original determination, ie. the final academic decision regarding exclusion is returned to the Faculty APC.

1.13.2.1 Where so directed by the EAC, the newly convened faculty APC is to be augmented by the chair of the EAC that heard the appeal, acting in the role of chair of the Faculty APC for the purpose of that hearing (except in the case that the appeal is from the Law faculty, when the chair shall be a chair of another faculty’s APC).

1.13.2.2 The decision of an APC on a de novo hearing may be appealed by a student only on the grounds of procedural irregularity.

1.14 Where an EAC appeal is heard from a student from the Faculty of Law, an APC chair from a faculty other than the Faculty of Law should be included on the EAC as an ordinary member.

1.15 The EAC has no power to require a faculty in which the student had not been enrolled previously to admit the student.

2. Procedure for lodging an appeal

2.1 The student has a period of 14 calendar days following the date of the faculty’s letter of exclusion to lodge an appeal to the EAC. The appeal must be received by the secretary of the EAC by this date. The appeal must be accompanied by the Notice of Appeal Against  Decision to Exclude proforma (as set out in the regulations).

2.2 The appeal needs to be accompanied with copies of independent documentation, supporting statements or certificates at the time of lodgement.

2.3 It is the student’s responsibility to update their address details in the records of the University (also refer 3.1). The following reasons / grounds are normally not exceptional circumstances for grounds for an appeal:

• failure to have paid any outstanding fees; 
• failure of students to notify University of their changed address; 
• failure to make adequate forwarding arrangements; 
• failure to keep copies and records of correspondence; and 
• failure to follow up on non-acknowledgement of previous correspondence.

2.4 A student who fails to appear at, or submit evidence to, an APC hearing has no right of appeal, but where the dean determines circumstances of any particular case to be exceptional, the dean may refer the matter back to the APC for a re-hearing. An application to the dean must be received by Monday 12 March 2007 (14 calendar days from the commencement of Semester 1). Only one application can be made to the dean and the dean’s decision is final.

2.4.1 Exceptional circumstances beyond the student’s control should be restricted to serious illness, hospitalisation, bereavement of close family members (of either the student or their spouse), major political upheaval or natural disaster in the home country and, in cases of international students studying on a visa, emergency travel is required to their home country; or non-delivery of mail.

2.4.2 Following receipt of the application to the dean, student encumbrances on Callista are to be removed, pending the dean’s determination.

3. Notice of EAC hearing

3.1 Notice must be served on the student of the date, time and place at which the appeal is to be heard by the EAC. The notice of hearing must be served on the student at least 10 days prior to the hearing.

3.1.1 The notice is deemed to be served on a student in accordance with this section if it is served on a student personally or by express post, normal registered mail (which can be collected by any person at the address listed) or international courier to the mailing address of the student in the records of the University.

3.1.2 Proof of delivery, postage or despatch is required in relation to these procedures.

3.2 Any written material that the EAC might use in its deliberations will be made available to the student, either through inclusion with the notice of hearing, or by a statement that it can be collected from the secretary to the EAC two days prior to the hearing. At the student’s request, this material will be provided to the student by fax or other means.

3.3 It is expected that a student will appear in person before the EAC. Permission must be granted in order to be accompanied and/or assisted by some other person as per 5.3 below.

3.3.1 A student who does not intend to appear before the EAC must inform the secretary prior to the hearing.

3.3.2 A student who does not wish to appear before the EAC may make a written submission only.

3.3.3 Where a student does not attend the hearing, the appeal will be heard based solely on the written submission.

3.3.4 A student who is prevented by circumstances beyond his/her control from appearing before the EAC should notify the secretary immediately of any such event.

3.3.5 Where a student is unable to appear in person, alternative arrangements may be made to hold the hearing via telephone conference by consulting the secretary.

4. Documents to be submitted to the EAC

4.1 Students are expected to submit a written statement of the grounds of their appeal when lodging the appeal. Documentation must be submitted at the time the appeal to the EAC is lodged, or advice provided as to when the documentation will be available as such documentation would be central to the determination of a prima facie case of an appeal made on the grounds of new evidence.

4.2 Students are expected to provide independent supporting documentation from a registered provider or member of a profession (from a specialist doctor, psychologist, social worker, Minister of Religion for example) at the time of lodging their appeal.

4.3 Normally copies of documentation will be accepted. Original documentation may be requested by the Law Chair, and may be required to be presented at the hearing for verification purposes

4.4 Any documentary material furnished by or on behalf of a student, including the written appeal against the faculty APC decision to exclude, will be provided to the dean of the faculty in which the student is enrolled, or his/her representative, prior to the hearing.

4.5 It is the student’s responsibility to retain copies or record of his or her correspondence. Proof of postage or despatch rests solely with the sender.

5. Advice on preparation of appeals and assistance to students appealing an exclusion outcome

5.1 Students are encouraged to seek advice about the preparation and presentation of an appeal from the student rights officers of the student associations throughout the University. The student rights officers may provide assistance for students appearing before the EAC.

5.2 Alternatively, students may also approach the University Counselling Service for advice about an appeal. A current list of Student Support Services and contact details will be made available to students and faculties.

5.3 The student is entitled to be accompanied and/or assisted at the hearing before the EAC by one person. The name of this person should be notified to the secretary at least two days before the hearing. This person may be:

• a counsellor; 
• a student rights officer; 
• a staff or student member of Monash University; family member; or 
• any other person approved by the committee.

5.3.1 A student who wishes to be accompanied by a person with legal qualifications must give five working days notice to the secretary. A student is not entitled to be assisted by an external lawyer without prior approval from the chair of the Exclusion Appeals Committee.

5.3.2 The committee shall allow a student to have a student rights officer in attendance if a student decided this at their hearing.

5.4 A student may seek advice about the preparation and presentation of an appeal by contacting Student Rights Officers on their campus or the Monash-Oakleigh Legal Service on 60 Beddoe Avenue, Clayton 3168. Appointments may be made by telephoning extension 9905 4336. The service does not itself provide representation at hearings before the Exclusion Appeals Committee, but will assist a student to obtain suitable assistance should this be desired.

6. Conduct of hearing

6.1 The persons who attend the student’s hearing are EAC members, student member of the EAC, the student, the person providing assistance or support, if any, the dean or dean’s representative of the faculty in which the student is enrolled, the secretary to the EAC and such other staff whose services may be required to assist the EAC. (Anyone who appears as a witness to give evidence will be asked to withdraw from the hearing once such evidence has been given.) In the case of double degree students, where they are being considered for exclusion by the faculty board of one or both faculties of enrolment, the dean or dean’s representative from the other faculty may also be present.

6.2 The EAC does not have any power to require the attendance of witnesses. It is therefore the student's responsibility to make arrangements for the attendance of anyone whom he/she wishes to give evidence on his/her behalf on matters relevant to the appeal. A student who seeks permission for witnesses to appear on his/her behalf should inform the secretary at the time the appeal is lodged, or as soon as possible thereafter.

6.3 Upon commencement of the hearing, the chair will explain the process of the hearing to all parties. The chair will ask if the student if they have any justifiable objection to the hearing proceeding at that time, with the committee which is present.

If the student lodges an objection, the chair should:

• grant a short adjournment to make a ruling; 
• determine a ruling on the objection; and 
• if the objection is allowed, the hearing may be adjourned to a timeframe set by the chair; if the objection is denied, the hearing should proceed.

6.4 Where the objective of the hearing is to determine the occurrence or otherwise of procedural irregularity in the processing or hearing of the student’s case at the faculty APC, the hearing should confine its considerations to the matter of procedural irregularity, and should not be concerned with the academic merits of the faculty’s decision.

6.5 The dean or dean’s representative will be invited by the chair of the EAC to outline the procedures followed by the Faculty APC in determining to exclude the student, with particular reference to the issue of procedural irregularity claimed by the student. The dean may also offer evidence and other matters that he/she considers the EAC should take into consideration in deciding the appeal.

6.6 The chair will then invite the student to comment on the statements made by or on behalf of the faculty. Since the student will be given a chance later to present their case to the EAC, they should at this stage only comment on these statements. Members of the EAC may ask questions of either party at this point. Any questions that the student or faculty wished to raise during the hearing should be directed to the Law chair without any direct cross-examination between the two parties.

6.7 The student will be invited by the chair to outline the case they wish to present to substantiate the allegation of procedural irregularity. The dean’s representative will be invited to comment on the statements made by or on behalf of the student. Members of the EAC may ask questions of either party at this point.

6.8 Provision may be made for the student rights officer to speak at an EAC hearing, if approval is granted at the discretion of the chair, on the following grounds:

• to clarify or highlight a legal item of query; or 
• to provide assistance in situations of physical or emotional distress to the student.

6.9 The student should normally address the chair of the EAC. Other members of the EAC, or the dean or dean’s representative, may be addressed with the chair's permission.

6.10 In the event that the EAC cannot reach a majority decision, the chair has a casting vote to determine the outcome of the appeal.

7. Notice of the EAC’s decision

7.1 Wherever possible, students will be informed of the outcome of their appeal at the conclusion of the hearing. In all cases, the student will be served notice in writing of the EAC's decision within seven days of the hearing, in accordance with item 3.1.

7.2 The notice must include a statement of the implications on visas for international students who are excluded by their faculty.

7.3 The student may request the secretary to provide information about the reasons for a decision. Any such application must be made to the secretary within three days from the date on the letter advising the outcome of the hearing.

8. General enquiries

8.1 Enquiries regarding the hearing of appeals should be directed to the secretary to the Exclusion Appeals Committee of Academic Board on telephone (03) 9905 5023.