Part 4REVIEW OF DECISIONS

PART 4: REVIEW OF DECISIONS

4.1 Candidate's right of appeal

4.1(1) A candidate may appeal against a decision of the Deputy Vice-Chancellor (Education) or prescribed authority:

(a) that the candidate has failed; or

(b) that the candidate’s candidature is terminated.

4.1(2) An appeal under subrule 4.1(1) must be in writing and be lodged with the Director SAS within the period of:

(a) in relation to a graduate diploma or graduate certificate, 28 days; and

(b) in any other case, 3 months;

commencing on the day on which the candidate was notified of the decision.

[NOTE: The Director SAS will, on receipt of the appeal, notify the Vice-Chancellor of its receipt.]

4.1(3) If the Deputy Vice-Chancellor (Education) or prescribed authority decides that a candidate has failed, the Director SAS must:

(a) notify the candidate of the decision;

(b) give the candidate:

(i) a copy of the reports of the examiners of the thesis (if any) and of the results of the examinations following coursework, and any other assessment, prepared so that the identity of the candidate's examiners is not disclosed to the candidate; and

(ii) an account of the substance and effect of any observations relating to the candidate submitted to the Deputy Vice-Chancellor (Education) or prescribed authority, prepared so that the identity of the candidate's examiners is not disclosed to the candidate;

(c) inform the candidate to the effect that, subject to these Rules, the candidate is entitled to appeal against the decision; and

(d) advise the candidate of the procedure for lodging an appeal.

4.1(4) The validity of a decision of the kind referred to in paragraph 4.1(1)(a) is not be taken to be affected by a failure to comply with subrule 4.1(3).

4.1(5) On application being made in writing to the Vice-Chancellor by a candidate whose candidature in a program of study or course has been terminated under rule 2.29 or rule 3.27, the Vice-Chancellor may direct that the candidate be permitted to continue to undertake the program of study or course pending the determination of an appeal.

4.2 Appeal Committee

4.2(1) If the Vice-Chancellor receives an appeal under rule 4.1 by a candidate, the Vice-Chancellor must, after consulting the Deputy Vice-Chancellor (Education) or prescribed authority, appoint 3 disinterested members of the full-time academic staff of the University to form an Appeal Committee to hear and determine the appeal.

4.2(2) The members of an Appeal Committee must elect one of their number to be the Chair of the Appeal Committee.