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ESOS (Education Services for Overseas Students)

Student Guide to Complaints and Appeals Processes

This document is a guide for students regarding the Monash complaints and appeals. It provides information concerning the internal and external complaints and appeals process.
Monash University complaints and appeals processes are governed by university statute, regulations, policies and procedures. There are five types of complaints and appeal processes, being for:

1.    Grievances (administrative and academic);
2.    Appeals against proposed cancellation of enrolment on academic grounds;
3.    Appeals against proposed cancellation of enrolment on non-academic grounds, arising from:
        • discipline decisions
        • exclusion for health reasons.
        • fee invalidation
4.    Complaints of discrimination and sexual harassment
5.    Appeal against refusal to issue a Release letter

Each of these appeal processes at the university are also subject to external review by the Victorian Ombudsman. More information about each of these processes is set out below.

1. Grievance (administrative or academic)

The process for lodging a grievance is outlined in the Academic and Administrative Complaints and Grievances Policy and procedures made under the policy. For coursework students this is the Complaints and Grievances of Coursework Students Procedures. For higher degree by research students this is the HDR Candidature Academic and Administrative Complaints Procedures.

This policy and procedures enable students to have their administrative or academic grievance reviewed and determined by a person not involved in the matter raised in the grievance.

If not satisfied with the outcome of the grievance, a student may seek review of the decision by the University Student Ombudsman. The University Student Ombudsman’s role is explained in the University Student Ombudsman Policy and University Student Ombudsman Procedures.

Because the university has separate procedures for dealing with unsatisfactory academic progress, discipline, exclusion for health reasons and complaints of discrimination or sexual harassment, the Academic and Administrative Complaints and Grievances Policy may not be used to complain about a matter dealt with under those processes. Instead students should use these processes to deal with a matter arising under them.

2. Appeals against proposed cancellation of enrolment on academic grounds

Students of the university may be excluded on academic grounds, namely the failure to achieve and maintain satisfactory academic progress in their course. The processes for such exclusions depend on whether the student is a coursework student or a higher degree by research student. The processes for appeal for such students is detailed below.

For Coursework students

Under the provisions of Statute 6.2 – Exclusion for Unsatisfactory Progress or Inability to Progress and Regulations, a student who is excluded by an Academic Progress Committee may appeal the decision.

For students who submitted evidence to the Committee (either in writing or in person) the appeal is to the Exclusion Appeals Committee on one or both of the following grounds:

new evidence, being evidence not reasonably available to the student at the time of the academic progress committee hearing; and/or
procedural irregularity.

A student must lodge an appeal in the required form with the Secretary of the Exclusion Appeals Committee within 20 working days after the date on which the notice of decision letter advising of their exclusion is delivered. For more information go to http://www.adm.monash.edu.au/execserv/progress/index.html.

For students who did not submit evidence to the Committee (either in writing or in person) the appeal is to the dean requesting a rehearing, which will only be granted if there are exceptional circumstances in their case. An application to the dean for a rehearing must be made within 20 working days after the date of decision letter advising of their exclusion was delivered. For more information go to http://www.adm.monash.edu.au/execserv/progress/index.html.

A student is entitled to continue candidature and participate in learning opportunities (i.e. lectures, tutorials and laboratory sessions) until their appeal right ends or any university based appeal process commenced has been finalised. Student privileges like email and library access remain in place during this time. A student will not be allowed to continue with their course and will be excluded by the University after the time for lodging an appeal ends or, if an appeal is lodged, the appeal is decided and the student remains excluded.

A student not satisfied with the outcome may seek review by the Victorian Ombudsman (see below).

For Higher Degree by Research students

Under Monash Research Graduate School Regulations for master degrees or for doctoral degrees a student who is excluded by a dean may appeal to the Research Graduate School Committee (RGSC). A student must lodge a written appeal to the chair of the RGSC within 20 working days after the date on which the student is delivered notice in writing of the dean’s recommendation for termination of candidature.

A student remains enrolled in order to exercise the right of appeal but is not entitled to participate in learning opportunities during the time allowed to lodge an appeal and, if an appeal is lodged, until the appeal is determined.

A student not satisfied with that outcome may seek review by the Victorian Ombudsman (see below).

3. Appeals against proposed cancellation of enrolment on non-academic grounds

3.1    Discipline

Under the provisions of Statute 4.1 – Discipline a student suspended or excluded by a discipline committee may appeal that decision to the Central Discipline Committee (Appeals) within 20 working days after the date on which notice of this decision is delivered to them.

Except in exceptional circumstances, the student remains enrolled and able to continue their studies until the time allowed to lodge an appeal and, if an appeal is lodged, until the appeal is decided.

A student not satisfied with the outcome may seek review by the Victorian Ombudsman (see below).

3.2    Exclusion for Health Reasons

Under provision of Statute 6.3 – Exclusion for Health Reasons a student suspended or excluded or refused enrolment/reenrolment may appeal within 20 working days (or in exceptional circumstanced 40 working days) after the date on which notice of this decision is delivered to them.

A student remains enrolled in order to exercise the right to appeal but is not entitled to participate in learning opportunities, and remains subject to any direction in the original decision, during the time allowed to lodge an appeal and, if an appeal is lodged, until the appeal is decided.

A student not satisfied with the outcome may seek review by the Victorian Ombudsman (see below).

3.3    Invalidation (and exclusion) because of non-fee payment

Under the provisions of Statute 6.1.1 – University entrance and admissions to courses a student who does not pay tuition fees may have their enrolment cancelled. A student has 20 working days after the date on which notice of this decision is delivered to them to appeal the decision, as set out in Student Fees Policy.

4. Complaints of discrimination and sexual harassment

A student who believes they are affected by unlawful discrimination or sexual harassment may lodge a complaint about their treatment. More information about and advise about the lodgement and handling of complaints of discrimination and sexual harassment can be found at http://adm.monash.edu/sss/equity-diversity/equal-opportunity/discrim-procedures.html.

5. Appeal against refusal to issue a release letter

A student who applies for a Release letter (ie, to transfer their study to another educational institution) and whose application is refused may appeal that decision under the International Student Transfer Between Registered Providers Procedures found at http://policy.monash.edu.au/policy- bank/academic/education/admissions/international-student-transfer-registered-providers-procedures.html. The appeal must be made within 20 working days after the date on which notice of this decision is delivered to them and is made it writing to the University Student Ombudsman.

6. Review by the Victorian Ombudsman

If a student is not satisfied with the way in which the University has handled their case, the student may seek review by the Ombudsman Victoria. The Ombudsman’s inquiry is related to process, not to the merits of the case. The Ombudsman’s office will review whether correct process was followed in the handling the student’s case. The Ombudsman’s service is free.

Information concerning the Ombudsman Victoria and processes for lodging a complaint can be found at: http://www.ombudsman.vic.gov.au

Phone: 9613 6222 or Toll Free: 1800 806 314 (regional only)

Email: ombudvic@ombudsman.vic.gov.au

7. Reporting of International Students studying in Australia on a student visa

The university is obliged to report to the Department of Education, Employment and Workplace Relations decisions made to exclude a student on a student visa in Australia. This may then result in cancellation of the student visa. Such a report will be made:

for a student excluded for unsatisfactory progress, after the latest of:

- 20 working days after notification of the decision of the committee to exclude, if no internal appeal is lodged; or

- following determination of an internal appeal where exclusion is confirmed; or

- for students seeking review by the Ombudsman Victoria who have advised the university of their application within 14 days of them being notified by the university of their exclusion, at the conclusion of the Ombudsman’s enquiry if the exclusion decision continues unchanged.

for students excluded for disciplinary reasons, after the latest of:

- 20 working days after notification of the committee decision to exclude or suspend, if no internal appeal is lodged; or
- following determination of an internal appeal where the outcome is suspension or exclusion.

for students excluded for health reasons, after the latest of:

- 20 working days after notification of the decision to exclude or suspend, if no internal appeal is lodged; or
- following determination of an internal appeal where the outcome is suspension or exclusion.

Students excluded for academic progress reasons who seek review by the Victorian Ombudsman must advise the University ESOS Reporting Officer within 14 days of the date of the outcome of the appeal at ESOS.reporting@adm.monash.edu.au of the application and the Case Number allocated by the Ombudsman’s office. Unless the ESOS Reporting Officer is notified within the required 14 days, the student will be reported to the Department of Education, Employment and Workplace Relations at the conclusion of those 14 days.