Charles Sturt University Handbook 2002

The University invokes exclusion from a course or research program when it believes that a student is unable to complete that course or research program at an acceptable standard or in an acceptable time as required by the Academic Regulations.

The provisions of the Exclusion Regulations take precedence over other Academic Regulations except the Higher Degree Regulations.

Failure to maintain the required minimum rate of academic progress as defined in Assessment Regulation 14.

Failure to meet required professional standards in the compulsory fieldwork or professional experience components of the course such that the student is deemed by the Dean of Faculty to be professionally unsuitable to continue in the course.

Failure to meet any special requirements imposed by the Sub-Dean or Course Coordinator under Enrolment Regulation 6.

Failure to meet any requirements imposed by the Dean of Faculty under Regulation 3 below or the Sub-Dean or Course Coordinator under clause 6.3 of Enrolment Regulation 6 or the Academic Appeals Committee under Regulation 8 below.

Failure to pass, at the first or a subsequent attempt, a subject in an add-on bachelor honours year or a subject that is part of the honours component of an integrated honours course.

Where students transfer from one course to another, only subjects taken as part of the new course shall be taken into account when applying the Exclusion Regulations.

Where students have been admitted to a course having formerly been excluded from that course or another course, only the subjects taken after the most recent admission shall be taken into account when applying the Exclusion Regulations.

Where students have had their appeal against exclusion upheld, their academic record prior to their appeal will be taken into account when their record is next reviewed under Regulation 3 below.

At the end of each session (or, for minimum rate of progress, at the end of each calendar year, except as provided by Assessment Regulation 14.4.1.1 and 14.4.1.2) the academic performance of students will be reviewed by the Faculty to establish their liability (if any) for exclusion. The transcripts of students who have:

failed to maintain the minimum rate of progress as required by Assessment Regulation 14; or
failed a compulsory subject for a second time; or
failed the conditions of their probation; or
failed professional experience or compulsory fieldwork requirements which involve an assessment of the student's professional competency and/or suitability;
will be referred by the Student Administration Office to the Dean of Faculty for further review.

After taking advice from academic staff (see 3.1.1 below) within the Faculty, the Dean of Faculty has authority to:

b) place the student on probation in which case the probationary conditions shall be specified; or

When providing advice to the Dean in relation to a students academic performance academic staff should take into account the visa requirements for onshore International students and advise the Dean accordingly of the student’s onshore international status.

Where a student fails professional experience or compulsory fieldwork requirements which involve an assessment of the student's professional competency and/or suitability, the Dean of Faculty may invite the student to show cause why he/she should not be excluded immediately upon notification of the failure. The Dean of Faculty is not obliged to wait for the end of session review conducted by the Dean of Faculty.

The Dean of Faculty may fail a student at any time during the period of professional experience or compulsory fieldwork. If failure is invoked by the Dean of Faculty prior to the end of the period, the Dean of Faculty shall prohibit the student from completing the remainder of the professional experience or compulsory fieldwork program.

A decision regarding a student’s liability for exclusion under these regulations may be delayed until subjects graded SX or GP are converted to substantive grades, or because of a late change to a grade, or because of administrative delay or error.

Should, following one or more of the events described in 4.1 above, a student be identified as liable for exclusion as provided for in clause 3.1 above, his or her transcript shall be immediately referred to the Dean of Faculty for review. Should the Dean of Faculty invite the student to show cause why he or she should not be excluded under clause 3.2 c), the student shall be immediately invited to show cause as provided in Regulation 5 below.

Students subject to this regulation who fail to show cause or whose show cause is dismissed and/or who fail to appeal to the Academic Appeals Committee, shall be excluded immediately their exclusion is confirmed. That is, the period of exclusion shall be deemed to have commenced from the start of the session in which exclusion is confirmed and the student’s enrolment in that session shall be cancelled and any tuition fees shall be refunded or any HECS liability shall be cancelled.

Students subject to this regulation who appeal against their exclusion to the Academic Appeals Committee shall have their appeal heard as provided for in clause 7.7 below.

The Director, Student Administration shall write to all students identified under clause 3.1 c) above, inviting them to show cause why they should not be excluded. Notifications shall be sent by registered mail.

The notification shall specify the clause or clauses in Regulation 2 above, under which the student is being considered for exclusion and shall give the student 21 days from the date of the notification in which to show cause.

Students showing cause as to why they should not be excluded shall do so on the following grounds:

a) that the grounds for exclusion set out in Regulation 2 above have been inappropriately or unreasonably applied; and/or

b) that there were factors outside the student’s control which contributed to the student’s failure to meet the required academic standard and/or rate of progress to date, and that those factors are unlikely to operate in the future. A show cause based on this ground shall be documented in accordance with clause 5.3 below.

A show cause shall be lodged in writing. Students should also submit relevant supporting documentation and should consult clause 8.4 below and Special Consideration Regulation 5 - Supporting Documentary Evidence, for guidance on the content and documentation of their show cause.

Show cause documentation shall be returned by students to the University Secretary through the Academic Secretariat who shall acknowledge its receipt in writing to the student. The Academic Secretariat shall immediately after acknowledgement, refer a show cause to the Faculty Show Cause Panel.

To ensure that it is received on time, a show cause may be submitted electronically (for example by facsimile or electronic mail). In such cases, the paper copy of the show cause, including the original signed copies of supporting documents, shall be mailed by the student to reach the University no later than 14 days after the expiration of the 21 day period.

Except as otherwise approved by Academic Senate, the Dean of Faculty shall appoint a Faculty Show Cause Panel. The Faculty Show Cause Panel shall comprise no more than three academic staff of the faculty who shall consider all show causes for the faculty.

The Faculty Show Cause Panel shall consider and recommend on show cause cases within 8 working days of the last day for the receipt of the show causes and shall recommend to the Dean of Faculty that the student:

b) be placed on probation, in which case the probationary conditions shall be specified; or

In recommending on a show cause for an onshore international student, the Faculty Show Cause Panel should ensure that they are aware of the visa requirements relating to the student’s enrolment.

In recommending on a show cause, the Panel may consult with relevant staff as appropriate (eg course coordinators, Heads of School, lecturers, school liaison officers, Student Services staff). Should a student, in his or her show cause, question or dispute the actions taken by staff within the University, the Panel shall consult with those staff and/or with the student and shall take into account such consultations when recommending a decision to the Dean of Faculty.

Although a Faculty Show Cause Panel may consult with a student on his or her show cause, the student shall not be entitled to request an interview with the Panel.

Faculty Show Cause Panels have authority to vary the probationary conditions recommended by a course coordinator if, as a consequence of the show cause process, a Panel believes that such a variation is warranted.

The Dean of Faculty shall decide a show cause within 2 working days of receiving the recommendation from the Faculty Show Cause Panel.

In deciding a show cause the Faculty Show Cause Panel shall refer to the guidelines for deciding appeals (see clause 8.4).

The decisions of the Dean of Faculty shall be notified in writing to students by the University Secretary through the Academic Secretariat. Where a student has been excluded, the notification shall be sent by registered mail.

A notification of exclusion shall specify the clause or clauses in Regulation 2 above, under which the student has been excluded and shall advise the student of his/her right of appeal to the Academic Appeals Committee.

A notification of probation shall specify the probationary conditions that the student must satisfy in accordance with clause 10.3 below.

A show cause received after 21 days from the date of notification shall be referred to the Faculty Show Cause Panel. Students submitting a late show cause shall be advised by the University Secretary through the Academic Secretariat that they must provide reasons, and if appropriate, supporting documentation, for the lateness of their show cause.

The Faculty Show Cause Panel shall consider and recommend to the Dean of Faculty that:

b) the student be placed on probation, in which case the probationary conditions shall be specified; or

d) the student’s show cause be dismissed if the explanation for lateness is not compelling in which case the exclusion will stand.

The Faculty Show Cause Panel shall consider and recommend on late show causes within 5 working days their receipt. The Dean of Faculty shall decide a late show cause within 2 working days of receiving a recommendation on a late show cause.

A late show cause received 30 days after the date it was due, shall not be considered, irrespective of the explanation given for its lateness.

All documentation relating to a show cause shall be confidential to the University Secretary, the Dean of Faculty, members of the Faculty Show Cause Panel and administrative staff dealing with exclusions.

Show cause documentation shall be retained in locked cabinets in the Academic Secretariat (not on students’ personal files) and shall be destroyed after six years. Show cause documentation shall not be used for any purpose other than to determine the show cause for which it was submitted, or to decide an appeal under clause 7.3.1 below, unless the student authorises its use for other purposes.

Where the matters relevant to a show cause are of a particularly sensitive or distressing nature to the student, confirmation of the existence and influence of such matters may be conveyed in a written, signed statement to the Faculty Show Cause Panel on the student’s behalf by a counsellor or other staff in the Division of Student Services or by a registered health or other recognised mental health professional, so that the details of the matters do not have to be revealed to the Panel.

A student invited to show cause why he or she should not be excluded may continue as an enrolled student of the University until the show cause is decided by the Dean of Faculty (see also clause 7.8 below).

Exclusion from a course or research program shall be for a period as specified below:

However, the Academic Appeals Committee has authority, when deciding appeals, to reduce by one year the period of exclusion to be imposed on a student who is facing a two year exclusion.

· For exclusion for a second or subsequent time from the same course or research program, or for exclusion from two or more courses or research programs - five years from all courses or research programs.

Students excluded from a course or research program may re-apply for admission to that course or research program. An application for admission lodged under this clause may be lodged before the period of exclusion has elapsed to meet University or other closing dates but admission, if approved, shall not be effective until the period of exclusion has elapsed.

Admission is not automatic: such applicants will be considered with all other applicants.

Students should provide evidence that the circumstances operating at the time of exclusion no longer apply and/or that they have taken action during the period of exclusion to improve the likelihood of success in the course or research program.

Students excluded from one course or research program may apply immediately for admission to another course or research program at the University. Admission is not automatic: such applicants will be considered with all other applicants.

Students should provide evidence that the circumstances contributing to their exclusion from the course or research program will not affect their performance in the new course or research program.

Application for admission to the same course or research program or for admission to a different course or research program after exclusion must be made on the prescribed application form and lodged with the Admissions Office, UAC or VTAC as appropriate by the closing date.

Such applications will be decided by the Course Coordinator or other delegated Faculty Officer who may:

approve that the student be guaranteed an offer to the course or research program in the next intake; or
place the student on one or more of the queues for the course to await his/her turn for an offer of admission; or
rank the student for consideration for an offer through UAC or VTAC or, if the course or research program is a competitive distance education course, through the Admissions Office; or
validate the student as ineligible for admission if the student has not provided the evidence required in clauses 6.2.1 and 6.2.2 above.

No variation of these conditions shall be approved for a student or a group of students.

Students who have been excluded by a Dean of Faculty shall have 14 days from the date of the notification of exclusion, to appeal to the Academic Appeals Committee of the Academic Senate. An appeal shall be in writing addressed to the University Secretary and should be delivered by hand or sent by certified mail or by registered airmail in the case of overseas students. (See also clause 7.7 below concerning Late Appeals.)

To ensure that it is received on time, an appeal may be submitted electronically (for example by facsimile or electronic mail). In such cases, the hard copy of the written application and the original signed copies of any supporting documents, shall be mailed or delivered to the University no later than 14 days after the expiration of the 14 day appeal period.

Students lodging an appeal are expected to have been through the show cause process and, where they haven't, the Academic Appeals Committee will only consider an appeal where exceptional circumstances prevented them from showing cause. This will be determined on a case by case basis by the Academic Appeals Committee.

a) that the grounds for exclusion set out in Regulation 2 above have been inappropriately or unreasonably applied; and/or

b) that the correct procedures were not followed in deciding the show cause; and/or

c) that there were matters relevant to the student’s academic performance which the student did not wish to disclose to the faculty. Such matters shall not include matters in which the student was in dispute with the faculty. The Academic Appeals Committee shall not consider an appeal which involves a dispute with the faculty if that dispute was not raised by the student in his or her show cause; and/or

d) that matters relevant to the student’s academic performance and/or documentary evidence which were not available for consideration by the Faculty Show Cause Panel are now available.

Appellants who showed cause, shall have their show cause documentation forwarded to the Academic Appeals Committee as part of their appeal.

Appeals shall be lodged in writing. In the application the appellant shall state:

b) whether or not the appellant wishes to be interviewed by the Academic Appeals Committee (see clause 7.4 below) and if so, the name of the appellant’s adviser (if an adviser is to be present) and the adviser’s relationship to the appellant;

c) in the case of matters being raised in the appeal or documents being presented as part of an appeal, which were not presented in the show cause, the reason why those matters or documents were not presented (see clause 7.2 d) above).

Appellants relying on c) above as part of their appeal should supply relevant supporting documents and should consult clause 8.3 below and Special Consideration Regulation 5 - Supporting Documentary Evidence, for guidance on how to document their appeal.

Appellants may choose to be interviewed by the Academic Appeals Committee to put their case in person. In such cases, the appellant may not raise at interview matters that were not covered in his or her show cause unless those matters are raised under clause 7.2 c) above, in which case the Academic Appeals Committee will rule on the admissibility of those other matters before considering them.

Appellants exercising their right to an interview must also, where appropriate, submit documentary evidence in support of their appeal.

Interviews will be conducted at the campus of the University at which the Academic Appeals Committee is meeting or by teleconference or, if available, by videoconference. Interviews shall be arranged by the Secretary of the Academic Appeals Committee. The appellant may choose whether he or she wishes to be interviewed on campus or by teleconference or, if available, by videoconference. The expenses incurred by an appellant in attending an interview shall be met by the appellant including the cost of using videoconference facilities outside the University’s network.

The appellant may be assisted at an interview with the Academic Appeals Committee by an adviser if the Committee so approves. An adviser shall not be a barrister or solicitor engaged by the appellant or by another person on the appellant’s behalf. The Secretary of the Academic Appeals Committee shall advise appellants regarding advisers.

Appellants shall indicate the fact that they choose to attend an interview and whether or not they wish to have an adviser present and if so, the adviser's relationship to the appellant.

Appeal documentation shall be received by the Secretariat Officer responsible for processing exclusion appeals and be referred to the Academic Appeals Committee for consideration.

Should an appellant question or dispute the actions taken by staff of the University in his or her appeal, the Secretariat Officer will refer those matters (but not the whole appeal which is confidential to the Academic Appeals Committee) to the relevant staff for comment.

Where comments are provided from within the University, the Secretariat Officer will forward those comments to the appellant who may respond to them in writing or request an interview with the Academic Appeals Committee.

The student's appeal together with, in appropriate cases, comments from within the University and the appellant's written response to them, if any, will go to the Academic Appeals Committee for decision.

When excluding a student under clause 2.3 above, Failure of Professional Experience, the Dean of Faculty will provide to the Secretary of the Academic Appeals Committee documentation which shows:

Faculty policy and procedures for assessing the student's competency and professional suitability in the practicum which is the subject of the student's exclusion;
the way in which the above policy and procedures were applied in the student's case; and
the reasons for the decision to exclude the student.

This documentation will be forwarded to the student by the Secretary of the Academic Appeals Committee with the notification of exclusion so that the student may respond to the matters contained in the documentation should he or she wish to appeal the exclusion.

The documentation supplied by the Dean of Faculty and the appeal documentation provided by the appellant will then be forwarded to the Academic Appeals Committee for decision.

Depending upon when an exclusion for failure of professional experience occurs, a special meeting of the Academic Appeals Committee may be scheduled to hear the appeal as provided for in clause 7.7.4 below.

All documentation relating to an appeal is confidential to members of the Academic Appeals Committee and administrative staff servicing the Committee.

Appeals documentation shall be retained in locked cabinets in the Academic Secretariat (not on students' personal files) and shall be destroyed after six years. Appeals documentation shall not be used for any other purpose than to determine the appeal for which it was submitted unless the appellant authorises its use for other purposes.

An appeal received after the fourteen day period shall be referred to the Presiding Officer of the Academic Appeals Committee who shall have discretion to decide whether or not the appeal will be heard.

Appeals shall not normally be heard unless the reasons for lateness are compelling.

If the Presiding Officer determines that the reasons for lateness are compelling, a meeting of the Academic Appeals Committee will be convened to determine the appeal and the student will be required to pay the prescribed late fee.

A student who appeals the decision of the Dean of Faculty to exclude him or her from a course within the prescribed 14 day period, may remain enrolled in that course until the appeal is decided.

A student who appeals the decision of a Dean of Faculty to exclude him or her from a course after the prescribed 14 day period, and the Presiding Officer of the Academic Appeals Committee has agreed to consider a late appeal, may remain enrolled in that course, or if his or her enrolment has been cancelled, may apply to the University Secretary to be reinstated in the course pending the hearing of the appeal.

Clause 7.8.1 above applies to students whose exclusion has been delayed and who appeal within the prescribed 14 day period.

The Academic Appeals Committee shall examine appeals and exercising its delegated authority from Academic Senate shall either:

b) uphold the appeal and place the student on probation subject to the conditions in Regulation 10 below; or

c) reduce by one year the period of exclusion to be placed on a student who is facing a two year exclusion; or

Decisions of the Academic Appeals Committee shall be notified to appellants by the University Secretary through the Academic Secretariat. Where probation is decided the conditions of probation shall be specified in the notification of the result of the appeal against exclusion or in subsequent correspondence.

Meetings of the Academic Appeals Committee may be held face to face, by videoconference, or by teleconference.

In deciding an appeal, the Academic Appeals Committee shall rely upon the documentation provided by the appellant and in appropriate cases, the documentation provided by University staff as provided for in clause 7.5 above and the interview with the appellant if an interview was requested.

If the Academic Appeals Committee decides that in a particular case it needs a further report or that it wishes to interview University staff, the appeal shall be stood over until that further report is to hand or the interview is conducted. If a University staff member is interviewed the appellant shall also be given the opportunity to attend for an interview if he or she did not originally request an interview. However, no appellant shall be compelled to attend an interview. The appellant’s costs in attending an interview shall be met by the appellant (see clause 7.4.2 above).

If a motion to dismiss an appeal lapses for want of a seconder, then the appeal is upheld.

If voting on a motion is tied, the Presiding Officer shall give a casting vote to decide the motion.

A member of the Academic Appeals Committee may not use his or her personal knowledge of the appellant to persuade the Academic Appeals Committee to vote on an appeal in a particular way.

In deciding an appeal, the whole of an appellant's record is considered, not merely the results of the last session. The Academic Appeals Committee may dismiss an appeal if it does not adequately explain why performance was poor over the whole period under review.

The Academic Appeals Committee may look favourably upon an appeal where the appellant's academic performance has improved from one session to the next.

Ignorance of withdrawal or other regulations shall not normally be sufficient grounds for upholding an appeal.

An appeal based solely on a claim that the grades awarded in subjects were inappropriate shall be dismissed. Students who wish to have their grades reviewed must do so under Assessment Regulation 13.

An appeal based solely on a claim that performance in an examination was affected by misadventure shall be dismissed. Students who suffer such misadventure must seek special consideration under Examination Regulations 8 and 9.

An appeal based solely on a claim of the routine demands of employment shall be dismissed.

Students who either do not show cause why they should not be excluded or whose show cause was unsuccessful, shall have their enrolment cancelled 31 days after the invitation to show cause unless they appeal to the Academic Appeals Committee.

Students who appeal to the Academic Appeals Committee but whose appeals are dismissed, shall have their enrolment cancelled immediately the appeal is dismissed. (See also clause 9.5 below.)

A student whose enrolment is cancelled under this Regulation shall have the subjects for the session in which the exclusion was effective (and for subsequent sessions) deleted from the transcript.

A student whose enrolment is cancelled under this Regulation after the HECS census date shall have his or her HECS liability for that session cancelled. A student who has paid tuition fees and/or the Student Facilities and Services Fee shall have those fees refunded.

In cases where the Dean of Faculty dismisses a student’s show cause or the Academic Appeals Committee dismisses a student’s appeal and where the student’s exclusion was delayed (see clause 7.4 above) then, notwithstanding clause 9.2 above, the Dean of Faculty or the Academic Appeals Committee may:

a) determine that the student’s exclusion is effective immediately, in which case the student’s enrolment shall be cancelled immediately; or

b) determine that the exclusion is effective from the beginning of the next session and permit the student to remain enrolled in the current session.

In cases where b) above is approved, the student’s exclusion is automatic, ie the student shall not be asked to show cause at the end of the current session and the student shall not be entitled to appeal against exclusion on the basis of the grades he or she achieves in the current session.

students shall remain on probation for a period of up to one academic year as prescribed by the Dean of Faculty, Course Coordinator or Academic Appeals Committee;
the officer or committee placing a student on probation shall specify, where appropriate on advice, the conditions the student must meet to discharge his or her probation, which may include requiring the student to
- pass a particular number of subjects in the next session(s) of enrolment;
- pass a particular designated subject(s) in the next session(s) of enrolment;
- take leave of absence in the next session(s) up to a maximum of one academic year’s leave.
the University Secretary, or Director, Student Administration shall advise students in writing of the conditions they must meet while on probation;
the probationary conditions imposed on students shall be sent to the Faculty Assessment Committee for information;
the provisions of Regulation 2 above, and students' rights and obligations under the Academic Regulations generally (other than course Regulations) shall not be diminished by any condition imposed under this Regulation. In particular, students shall not under this Regulation be required to:
achieve the grade HD, DI or CR in a subject; or
enrol in more than the normal session subject load; or
enrol in a subject beyond the final date when subjects may be added to an enrolment.

Where a student’s liability for exclusion is delayed as described in Regulation 4 above, and after due process, the Dean of Faculty, or the Academic Appeals Committee decides that the student be placed on probation, the period of probation may:

a) commence in the current session (ie the session in which the delayed liability for exclusion occurred); or

as determined by the Dean of Faculty or the Academic Appeals Committee as appropriate.

A student placed on probation by the Academic Appeals Committee under clause 8.1 above may not appeal against being placed on probation by the Committee but may appeal against the conditions of probation imposed as provided for in clause 10.5.3 below.

A student placed on probation by a Dean of Faculty or a Course Coordinator under clause 8.1 above may appeal against being placed on probation and/or may appeal against the conditions of probation imposed as provided in clause 10.5.3 below.

Appeals against probation or the conditions of probation shall be made in writing to the University Secretary through the Academic Secretariat.

Appeals shall be lodged within 28 days of the date of notification of probation and shall set out clearly the nature of the appeal and give the reasons supporting the appeal.

Appeals shall be decided by the appropriate Faculty Assessment Committee. The outcome of the appeal shall be notified to the student by the University Secretary through the Academic Secretariat.