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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

1.1A When exercising functions under subparagraph 6.1.1.2 or 6.1.2 of the statute 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 paragraph 3.3.2, one student.

1.1B When exercising functions under subparagraph 6.1.1.1 of the statute an academic progress committee of a faculty must consist of members of the faculty board or of the teaching staff of the faculty or both..

1.1C In the case of an academic progress committee of an overseas campus, for the purposes of paragraph 1.1.1 and 1.1B the committee may include or consist of members of the academic staff of that campus.

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 -

2.2.1 a member of the teaching staff of the Faculty of Law, who is the chair; and

2.2.2 subject to paragraph 3.3.2, 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, the notice of hearing under paragraph 5.1. of these regulations must include reasonable particulars of the student's alleged unsatisfactory progress or inability to progress.

3.3 A student who wishes to attend or submit evidence, or both, at an academic progress committee or an exclusion appeals committee hearing –

3.3.1 must give notice to this effect to the committee within the time specified in the notice of hearing under paragraph 5.1; and

3.3.2 may, in the notice, elect to be heard by the committee comprised of members of the faculty only.

3.4 The provisions of section 6 do not apply to a student who does not give notice under subsection 3.3, provided that, in the case of an exclusion appeals committee hearing, the chair of the committee may, in any particular case, otherwise determine.

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 working days after the date that service of notice of the exclusion decision appealed is deemed to have been effected, or within any extended period determined by the Academic Board in circumstances it deems exceptional.

4.2 In this section “working 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 an academic progress committee or an exclusion appeals committee hearing must be served on the student concerned not less than 10 days before the hearing unless a shorter period is agreed to by the student.

5.2 Notice of -

5.2.1
the decision of an academic progress committee or an exclusion appeals committee ; or

5.2.2 a determination of the chair of an exclusion appeals committee under subsection 8.2 of the statute -

and the reasons therefore, must be served on the student concerned not more than seven days after the decision or determination.

5.3 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 accompanied and 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

The Secretary
Exclusion Appeals Committee
Executive Services
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 20 working days after the date that service of notice of the exclusion decision appealed is deemed to have been effected, or within any extended period determined by the Academic Board in circumstances it deems exceptional.

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