11. University Appeals Committee
(1) There is a University Appeals Committee.
12. Membership
(1) Membership of the University Appeals Committee comprises:
a) the chair of the Academic Board (or nominee)
b) one (1) member appointed by the Academic Board from the academic staff, and
c) one (1) member who is an enrolled student nominated by the relevant recognized RMIT student organisation.
(2) The chair of the University Appeals Committee is the chair of the Academic Board (or nominee).
(3) The secretary will be the Academic Registrar (or nominee) and is non-voting.
(4) Wherever possible membership of the University Appeals Committee will represent gender equality.
(5) A person will not be appointed a member of the University Appeals Committee or be permitted to carry out the responsibilities of regulation 13(2):
a) who has had any involvement in the matter forming the subject of the appeal, or
b) where for any other reason it would be inappropriate for the person to be a member to hear the appeal.
(6) All members as identified under regulation 12(1) must be formally invited to the appeal hearing.
(7) A quorum of the University Appeals Committee is the chair and one (1) voting member.
13. Eligibility and appealable decisions
(1) Subject to satisfying any eligibility criteria described in the relevant policies or procedures, a student may appeal to the Academic Registrar (or nominee) to request a hearing of the University Appeals Committee regarding:
a) an outcome of a College Appeals Committee application where it can be established that a breach of University legislation, policy or procedure by the college has occurred that has had a significant impact on the outcome of the application
b) a decision to exclude the student or terminate their higher degree by research candidature for unsatisfactory academic progress
c) the outcome of an application for special consideration
d) the outcome of an application for a future assessment adjustment
e) the outcome of an application for an equitable assessment arrangement, or
f) the outcome of a thesis/project examination for a student in a research program where there is evidence of a breach of University legislation, policy or procedure that has had a significant impact on the outcome of the examination.
(2) The Academic Registrar (or nominee) will decide whether the application satisfies the grounds for appeal defined in the relevant policies or procedures to determine whether the appeal can proceed to hearing.
(3) Where eligibility criteria are deemed:
a) to have been met, the Academic Registrar (or nominee) will approve the request and arrange for a hearing of the University Appeals Committee
b) not to have been met, the Academic Registrar (or nominee) will deny the request and advise the student accordingly, including the reasons for the determination. This communication must be sent within twenty (20) working days from the date the appeal submission was deemed by the Academic Registrar (or nominee) to be complete and will also advise the student of their right to seek a further internal or external review of the decision, as appropriate.
(4) Any appeal under regulation 13(1) will be made by lodging a notice of appeal in the prescribed form with the Academic Registrar (or nominee) not later than the timeframe set within the relevant policies or procedures.
14. Hearing of the committee
(1) Where a hearing of the University Appeals Committee has been granted, the University Appeals Committee will, other than in exceptional circumstances, hear the appeal within twenty (20) working days from the date the appeal submission was deemed by the Academic Registrar (or nominee) to be complete.
(2) The student will be given notice in writing not less than five (5) working days before the date of the hearing, stating:
a) the date, time and place of the hearing
b) that the student has the right to:
i. be heard
ii. make a written submission
iii. be accompanied by any other person
iv. be represented by another person
v. be present throughout the hearing
vi. call any persons as witnesses
vii. engage an interpreter,
provided that if the student intends to be represented by another person or to call other persons as witnesses the student will notify the Academic Registrar (or nominee) in writing of the names of such persons no less than one (1) working day before the date of the hearing,
c) no party will be permitted to have legal representation at the appeal hearing, and
d) the student will not be present when the University Appeals Committee is considering its decision.
(3) The original determination authority will be given notice in writing not less than five (5) working days before the date of the hearing, stating:
a) the date, time and place of the hearing
b) the substance of the student’s appeal and the grounds for the appeal
c) that they have the right to:
i. be heard
ii. make a written submission
iii. be present throughout the hearing
iv. call any persons as witnesses, and
d) that they will not be present when the University Appeals Committee is considering its decision.
(4) Notwithstanding regulations 14(2)b)i. and 14(3)c)i. where the student does not appear at the hearing and has not submitted any reasonable cause for their absence or the relevant original determination authority is not represented at the hearing, the hearing may proceed and the decision of the University Appeals Committee will not thereby be invalidated.
(5) The University Appeals Committee will hear the appeal and after giving the student and such other persons as it considers appropriate an opportunity to be heard will:
a) uphold the appeal
b) dismiss the appeal, or
c) make such other decision as it considers appropriate.
15. After the hearing
(1) Within five (5) working days of hearing the appeal the Academic Registrar (or nominee) will:
a) in writing, notify the student, the original determination authority and other areas as considered appropriate, of the decision of the University Appeals Committee, including the reason for the decision, and
b) where the decision has been other than to uphold the appeal, inform the student of their right to seek a further internal or external review of the decision, as appropriate.