Students have the right of appeal against a determination of poor academic practice, the penalty that has been applied, or both. A student may only appeal based on a “question of law”.
What is a “question of law”?
This is about an error in the application of the process. In other words, was the process followed correctly? Examples include:
- Procedural fairness (e.g. a piece of evidence was not considered, you were not given a right to respond to the allegations, the authorised officer did not act in accordance with the Rules);
- When making a decision in a matter, irrelevant considerations were taken into account;
- Failure to take into account considerations in making a decision; or
- No evidence or material to support the decision.
Students have seven days from receiving the final poor academic practice determination and penalty notification to submit an appeal. If they take no action, the appeal timeframe will expire after the seven-day period and the case will be finalised. If a student waives their right of appeal, the case will be finalised immediately.
If a student decides to appeal, they will be required identify the question(s) of law that forms the basis of their appeal and provide appropriate documentation. If their appeal meets the threshold grounds, it will be heard by either the relevant Faculty Pro Vice-Chancellor or Provost unless the Academic Registrar refers the appeal to a Student Discipline Appeals Board. Students will be given the opportunity to appear at an appeal hearing and, to ensure that they are afforded a fair appeal hearing, all case documentation will be reviewed to gain an understanding as to the facts of the case. If a student submits an appeal that does not meet the threshold grounds, then the appeal will not progress.
The outcome of an appeal means that the original determination and/or penalty can be:
Upheld: this means that the original determination and/or penalty by the authorised officer will stand.
Varied: this means that the party hearing the appeal can vary the original determination and/or penalty. The severity of the penalty may be increased or decreased.
Set aside: this means that the party who is hearing the appeal can dismiss the determination and penalty.
Students will be notified of the outcome in writing and this decision is final.
While the internal process is now complete, if a student is not satisfied that it has been conducted fairly, they can make a complaint to the Ombudsman Western Australia.