THE AUSTRALIAN NATIONAL UNIVERSITy

Appeals Rule 2017

 

I, Professor Brian P. Schmidt, Vice-Chancellor, make the following rule.

Dated 13 September 2017

Professor Brian P. Schmidt AC FAA FRS

Vice-Chancellor

 

 

Contents

Part 1— Preliminary

1 Name, commencement and authority

2 Definitions

Part 2— Reviewable decisions

3 Meaning of reviewable decision

4 Discipline decision

5 Academic misconduct decision

Part 3— Grounds for review

6 Grounds for review

Part 4— Application for review

7 Affected person may lodge an application for review

Part 5— Consequences of lodging an appeal

8 Appeal by a student whose enrolment has been terminated

9 Appeal by a student who has been excluded or denied access

Part 6— Preliminary consideration of applications

10 Rejection of invalid applications

11 Referral of application to Appeals Committee

12 Interim measures may be taken by Vice-Chancellor

Part 7— Appointment of Appeals committee

13 Appeals Panel

14 Appeals Committee

Part 8— Consideration by Appeals Committee

15 Additional material

16 Material to be provided to student

17 Notification of hearing

18 Decision whether to conduct an oral hearing

19 Appeals relating only to penalty

20 Hearing procedure

21 Student’s rights on appeal

22 Non-appearance before Appeals Committee

23 Decision by the Appeals Committee

24 Student undertakings

25 Decision final

Part 9— Miscellaneous

26 Nominees for Vice-Chancellor and Registrar

27 Extension of time

28 Service of notices etc.

29 Repeal etc.

30 Transitional

 

Part 1—Preliminary

In this instrument:

Academic Board means the Board established under the Academic Board Statute.

academic misconduct decision has the meaning given to it in section 5.

appeal means a review under this instrument.

Appeals Committee means a committee constituted under section 14.

discipline decision has the meaning given to it in section 4.

exercise a function includes perform the function.

function includes authority, duty and power.

reviewable decision has the meaning given to it in section 3.

Secretary means the person appointed as Secretary under section 14(5).

student:

working day means a day that is not a Saturday, a Sunday, a public holiday in the Australian Capital Territory, or a University holiday.

Part 2—Reviewable decisions

A decision is a discipline decision if it is specified to be a reviewable decision in the Discipline Rule.

A decision is an academic misconduct decision if it is specified to be a reviewable decision in the Academic Misconduct Rule.

Part 3—Grounds for review

Part 4—Application for review

Part 5—Consequences of lodging an appeal

The exclusion of a student, or denial of access to facilities or premises or activities of the University, under the Academic Misconduct Rule or the Discipline Rule continues to have effect notwithstanding that an application for review of the relevant decision or penalty is lodged.

Part 6—Preliminary consideration of applications

If an application for review is made by a student whose candidature or enrolment in a program of study or course has been terminated by reason of the decision which is the subject of the appeal, the Vice-Chancellor may direct that the student be permitted to continue to undertake that program of study or course pending the determination of the appeal.

Part 7—Appointment of Appeals committee

Part 8—Consideration by Appeals Committee

[Note: The Registrar may appoint a nominee under section 26 to appear in person for the Registrar.]

If the Appeals Committee accepts a student’s undertaking under section 23(2)(a):

The decision of an Appeals Committee is final.

Part 9—Miscellaneous

University official means: