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Monash University Calendar
Regulations
Exclusion for unsatisfactory progress or inability to progress regulations
Regulations made pursuant to Statute 6.2 - Exclusion for unsatisfactory
progress or inability to progress
1. Academic progress committees
1.1 An academic progress committee of a faculty must consist of -
1.1.1 members of the faculty board or of the teaching staff of the faculty
or both; and
1.1.2 subject to subsection 3.5, one student.
1.2 The members of an academic progress committee of a faculty must be
appointed by the faculty board -
1.2.1 one for a period of two years and, subject to the statute, this
member is chair of the committee; and
1.2.2 each other member for the period it determines.
1.3 A quorum for an academic progress committee hearing is two-thirds
of the members of the committee including the chair.
2. Exclusion appeals
committees
2.1 The Academic Board must from time to time establish a membership
panel from which the membership of an exclusion appeals committee must
be drawn.
2.2 An exclusion appeals committee must consist of four members including
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2.2.1 a member of the teaching staff of the Faculty of Law; and
2.2.2 a student being, in the case of an undergraduate appellant, an
undergraduate student and in the case of a
postgraduate appellant, a
postgraduate student.
2.3 A quorum for an exclusion appeals committee hearing is three members
including the chair.
3. Reference to academic progress committee
3.1 Before referring a matter to an academic progress
committee under
subparagraph 5.1.1.2 of the statute, unless otherwise determined by the Academic
Board, a faculty board must be satisfied that the student concerned
has -
3.1.1 completed at least two semesters of candidature and, in the period
commencing in December of the previous year, passed less than 50% of
the student's enrolment;
3.1.2 failed the same compulsory subject twice; or
3.1.3 failed to comply with any terms or conditions
imposed by the faculty board under subparagraph 5.1.1.1 of the statute
or by an academic progress committee of the faculty.
3.2 Where a matter is referred to an academic progress
committee under section 5 of the statute, notice of the referral, including
reasonable particulars of the student's alleged unsatisfactory progress
and in the case of a referral -
3.2.1 under subparagraph 5.1.1.2 of the statute, the advice
specified in subsection 3.3 and a schedule of the academic progress committee
hearing dates; or
3.2.2 under paragraph 5.1.2 of the statute, the date of the
hearing -
must be served on the student not less than 10 days before the first scheduled
hearing date or the hearing date, as the case requires.
3.3 A notice of referral under
referred to in paragraph 3.2.1
must advise the student
of the committee's option, under
subparagraph 6.1.1.1
of the statute, to allow
candidature to continue subject to specified terms and conditions, and
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3.3.1 invite the student, within a time specified, to show cause in writing
why the committee should exercise this option; and
3.3.2 advise the student that if no show cause submission is lodged within
the time specified, or if a show cause submission is lodged but rejected,
the matter will proceed to a hearing.
3.4 Where it is determined that a matter
referred under subparagraph 5.1.1.2 of the statute
will proceed
to an academic progress committee hearing, the committee must notify
the student of the date of the hearing.
3.5 After receipt of notice of a hearing, a student may elect to be heard
by an academic progress committee comprised of members of the faculty
only.
4. Notice of appeal
4.1 Notice of appeal to an exclusion appeals committee must be -
4.1.1 in the form in the schedule; and
4.1.2 served on the secretary to the exclusion appeals
committee within 20 days after the date of the notice of the exclusion
decision appealed, or within any extended period determined by the Academic
Board in circumstances it deems exceptional.
4.2 In this section “days” means days other than a Saturday or Sunday or a public holiday under the
Public Holidays Act 1993.
5. Service of notice
5.1 Notice of -
5.1.1 an academic progress committee re-hearing or an exclusion appeals
committee hearing must be served on the student concerned not less than
10 days before the re-hearing or hearing unless a shorter period is agreed
to by the student; and
5.1.2 the decision of an academic progress committee or an exclusion
appeals committee must be served on the student concerned not more than
seven days after the hearing.
5.2 Service of a notice under this section must be on the student personally,
or by post to the address of the student in the records of the university.
6.
Rights of student and dean at hearings
At any hearing by an academic progress committee or an exclusion appeals
committee the student and, in the case of a hearing by an exclusion
appeals committee, the relevant dean, is entitled -
6.1.1 to submit written evidence;
6.1.2 to be heard personally; and
6.1.3 to be assisted by a staff or student member of the university or
by any other person approved by the committee, who may also be heard.
Schedule
Notice of appeal against decision to exclude
To: Secretary, Exclusion
Appeals Committee of Academic Board
University Secretariat
Administration Building 3A
Monash University VIC 3800
Pursuant to section 7 of Statute 6.2 - Exclusion for Unsatisfactory
Progress or inability to progress,
I hereby appeal to the Exclusion Appeals Committee against the decision
of the Academic Progress Committee of the Faculty of ..................................................................................................................................................
To exclude me from candidature for the degree/diploma of...........................................................
My notice of exclusion is dated .............................................................................
In the sentence below delete and complete as appropriate:
I appeared at / did not appear at, and/or submitted evidence to / did
not submit evidence to a Faculty Academic Progress Committee hearing
on ...................................................................................
Grounds of appeal
Statute 6.2, Section 7, limits students right to appeal against exclusion
to one or both of the grounds of:
- new evidence, being evidence not reasonably available to the student
at the time of the Faculty Academic Progress Hearing; and
- procedural irregularity.
Insert below a summary of the grounds for appeal. It is recommended
students attach a more detailed written submission including supporting
documentation.
..........................................................................................................................................
..........................................................................................................................................
..........................................................................................................................................
..........................................................................................................................................
..........................................................................................................................................
..........................................................................................................................................
...........................................................................................................................................
NAME (IN BLOCK LETTERS)
..........................................................................................................................................
Signature............................................................
Date...................................................................
Student ID No ..................................................
Phone Number ...................................................
Address for Notices ........................................................................................................
........................................................................................................................................
........................................................................................................................................
*Note: Section 4 of the Exclusion for Unsatisfactory Progress or inability to progress regulations
states: Notice of appeal to an exclusion appeals committee must be in
the form in the schedule; and served on the secretary to the exclusion
appeals committee within 14 days after the date of the notice of the
exclusion decision appealed, or within any extended period determined
by the Academic Board in circumstances it deems exceptional".
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