• Section 1 - Purpose
• Background
• Scope
• Section 2 - Policy
• Reporting
• Section 3 - Procedures
• Lodging an appeal
• Appeal process
• Appeal decision
• Section 4 - Guidelines
• Section 5 - Definitions

Section 1 - Purpose

(1) The purpose of this Policy is to specify the principles and process for managing appeals against academic and administrative decisions of the University.

Background

(2) Macquarie University (the University) is committed to providing transparent, equitable, timely, and consistent mechanisms for students to appeal decisions that affect their studies.

Scope

(3) This Policy applies to academic and/or administrative decisions made by the University affecting students (including graduates) enrolled in coursework awards, non-award courses, units of study, preparatory or other programs, and participants in microcredential offerings or research degrees (subsequently referred to as appellants within this Policy) regarding decisions on:

1. academic integrity breaches or a sanction decision under the Academic Integrity Policy and Academic Integrity Breach Procedure;
2. special consideration under the Special Consideration Policy;
3. recognition of prior learning under the Recognition of Prior Learning Policy;
4. procedural irregularities in the outcome of final grade appeals under the Assessment Procedure;
5. enrolment, course transfer, leave of absence, suspension of studies, and withdrawal decisions under the Enrolment Policy, Course Transfer (Undergraduate Coursework) Policy, Leave of Absence and Suspension of Studies Procedure, Withdrawal Procedure, and the Graduate Research Rules and Graduate Research Variations to Candidature Policy;
6. academic pause and exclusion under the Academic Progression Policy;
7. exclusion under the General Coursework Rules;
8. termination of Graduate Research candidature under the Graduate Research Rules;
9. decisions relating to the award of Doctor of Philosophy  (PhD), Master of Philosophy (MPhil) or Master of Research (MRes) degrees under the Graduate Research Thesis Preparation, Submission and Examination Policy;
10. decisions relating to the award of aegrotat and posthumous awards under the Aegrotat and Posthumous Awards Policy; and
11. fitness to practice requirements under the Fitness to Practice Procedure.

(4) This Policy does not apply to:

1. admission and readmission under the Admission Policy (refer to the Complaints Resolution Policy for Students and Members of the Public);
2. misconduct (refer to Student Conduct Rules and Student Conduct Procedure for information on appealing misconduct decisions);
3. research misconduct (refer to Macquarie University Research Code Complaints, Breaches and Investigation Procedure); or
4. student complaints and grievances.

Section 2 - Policy

(5) Appellants have the opportunity to submit an appeal against a relevant academic or administrative decision without fear of disadvantage or discrimination and in the knowledge that confidentiality will be respected.

(6) Appellants are able to access assistance and support including the University’s Student Advocacy services throughout the appeals process.

(7) With the exception of academic pause or exclusion appeals, an appeal against an applicable decision may only be made on the grounds that:

1. the procedure for dealing with the matter was unfair in the circumstances because one or more of the following things occurred:
   1. the required procedure for making the decision was not followed;
   2. the decision was not based on the merits of the information available;
   3. the decision was not procedurally fair (i.e. the decision maker had a bias, and/or the appellant was not given an opportunity to respond to an allegation, and/or the reasons for the decision were not provided);
   4. new information has become available that was not able to be obtained at the time of the decision and which should be taken into consideration; and
2. as a result, the appellant suffered substantial injustice.

(8) Appeals of academic pause or exclusion may only be made on the grounds that:

1. an appellant can demonstrate with evidence that they experienced circumstances beyond their control that significantly impacted their ability to succeed in their enrolled units during the period concerned; and
2. the appellant can demonstrate with evidence that circumstances have changed sufficiently such that they will be able to succeed in their enrolled units in future.

(9) An appeal will not be considered where:

1. there is insufficient evidence; and/or
2. it is considered to be vexatious, frivolous or misconceived.

(10) The Registrar or their authorised agent will determine if the academic appeal is complex or serious in nature. Complex or serious appeals may include those relating to academic decisions of academic pause, exclusion, termination and other academic appeals deemed sufficiently complex or serious depending on the circumstances of the appeal.

(11) When an appeal is determined as complex or serious an Appeals Panel must be established.

(12) For any appeal determined to be complex or serious the Appeals Panel must provide an opportunity for the appellant to attend an Appeals Panel meeting with a support person (other than a legal practitioner).

(13) An Appeals Panel consists of a Chair and two (2) other appropriately trained academic and/or professional staff who are appointed to decide an appeal.  

(14) For appeals not considered complex or serious an Appeal Panel Chair may decide the appeal on their own or otherwise appoint an Appeals Panel to decide the appeal.

(15) For appeals considered by either an Appeals Panel or by an Appeal Panel Chair on their own, they will:

1. conduct the appeal according to the principles of procedural fairness and provide reasons for their decision;
2. for any academic appeal determined to be complex or serious (see clause 10), provide an opportunity for the student to attend the Appeals Panel meeting with a support person (other than a legal practitioner);
3. decide whether the appeal should be upheld or dismissed; and
4. if the appeal is upheld, decide whether the original matter should be considered by an alternate decision maker, or amend the outcome of the original decision with amendments limited to the scope of the original decision.         

(16) The decision of an Appeals Panel or by an Appeals Panel Chair on their own in the case of an appeal not considered complex or serious is final and overrules any decision made previously. A decision made by an Appeals Panel or by an Appeal Panel Chair on their own completes the process for a respective appeal.

(17) If an appellant is dissatisfied with the outcome of their appeal or the way it has been handled by the University, the appellant may consult external agencies. These include but are not limited to the NSW Ombudsman or the National Student Ombudsman. In general, appellants should exhaust all internal appeal processes before pursuing external review.

Reporting

(18) The Pro Vice-Chancellor (Dean of Students) will report annually to the Academic Senate.  

Section 3 - Procedures

Lodging an appeal

(19) An appellant wishing to lodge an appeal against an academic or administrative decision of the University must do so via the Student Service Connect portal setting out the details of the grounds for appeal.

(20) In their application, an appellant must:

1. identify the original decision being appealed and attach a copy of any relevant correspondence;
2. specify the ground or grounds for appeal and explain how each ground applies to the current appeal; and
3. include any available evidence to support their appeal.

(21) An appellant must lodge an application no later than ten (10) Working Days after the original decision has been made for:

1. a breach or a sanction decision (that is not suspension or exclusion from the University) under the Academic Integrity Policy and Academic Integrity Breach Procedure;
2. special consideration under the Special Consideration Policy;
3. recognition of prior learning under the Recognition of Prior Learning Policy;
4. procedural irregularities in final grade appeal decisions under the Assessment Procedure; and
5. enrolment, course transfer, leave of absence, suspension of studies, and withdrawal decisions under the Enrolment Policy, Course Transfer (Undergraduate Coursework) Policy, Leave of Absence and Suspension of Studies Procedure, and Withdrawal Procedure.

(22) An appellant must lodge an appeal application no later than twenty (20) Working Days after the original decision has been made for:

1. academic pause and exclusion under the Academic Progression Policy;
2. exclusion under the General Coursework Rules;
3. fitness to practice requirements under the Fitness to Practice Procedure;
4. a sanction decision to suspend or exclude the student from the University under the Academic Integrity Policy and Academic Integrity Breach Procedure;
5. termination of Higher Degree by Research candidature under the Graduate Research Rules;
6. a decision relating to the award of PhD, MPhil or MRes degrees under the Graduate Research Thesis Preparation, Submission and Examination Policy; and
7. research degree enrolment, leave of absence and withdrawal decisions under the Graduate Research Variations to Candidature Policy.

(23) Late appeal applications will be rejected unless:

1. the appellant has requested an extension before the due date of the appeal application and the Registrar or their authorised agent approves the extended date; or
2. the appellant can show that circumstances beyond their control have prevented them from submitting an appeal application within the applicable timeframe. In such circumstances, the Registrar or their authorised agent will approve or deny the appeal application from being considered.

Appeal process

(24) The appellant will receive notification by email of receipt of their appeal within twenty-four (24) hours after the appeal is received.

(25) The University’s Complaints, Appeals, and Misconduct (CAM) Unit will commence processing an appeal within ten (10) Working Days of receiving the appeal application.

(26) Upon receipt of an appeal, the CAM Unit will assess the appeal to ensure appeal grounds have been provided per clauses 7 or 8 of this Policy, and that sufficient information has been provided to support the appeal.

(27) After an appeal assessment is conducted, the CAM Unit may:

1. seek further evidence from the appellant and/or the area responsible for the decision being appealed;
2. seek a local resolution of the appeal with the relevant faculty or business unit;
3. dismiss the appeal as lacking specified grounds or supporting evidence;
4. dismiss the appeal because the appeal has been lodged outside stated timeframes; or
5. refer the appeal for consideration and decision to an Appeals Panel if the appeal is complex or serious in nature, or to an Appeals Panel Chair if the appeal is not considered complex or serious in nature.

(28) Appellants may review the progress of their appeal in the Service Connect portal.

(29) Appellants will receive notification by email of their appeal outcome within  forty (40) University business days after the appeal is received for serious or complex appeals, and twenty (20) University business days for all other appeals.

Appeal decision

(30) Prior to considering an appeal or making a decision, the Appeals Panel Chair or any member of an Appeals Panel may seek advice or information from appropriate staff as to the interpretation of the University’s policies/procedures for the purpose of the appeal in question.

(31) Following consideration of an appeal, an Appeals Panel Chair or an Appeals Panel will:

1. dismiss the appeal by affirming the original decision; or
2. uphold the appeal by setting aside the original decision and refer the matter to a new decision maker; or
3. vary the outcome of the original decision.

(32) Decisions of the Appeals Panel will be a majority decision of the panel members.

(33) An appeal will not be upheld on the ground that an appellant does not agree with the original decision made.

(34) The Appeals Panel Chair and an Appeals Panel will provide a written statement of the reason/s for any decision.

Section 4 - Guidelines

(35) Nil.

Section 5 - Definitions

(36) Nil.