10.8 Appeals

10.8.1 A student may appeal to the Registrar in respect of decisions of a Faculty Board under Rules 10.4.1, 10.5.7 and 10.6.5.

10.8.2 An appeal must be in writing, must specify and substantiate the grounds of the appeal and be lodged with the Registrar within four (4) weeks of the date of notification of the decision.

10.8.3 Late appeals which are submitted after the date provided in 10.8.2 will not be accepted unless the student is able to provide satisfactory documentary evidence of circumstances of a personal or medical nature that were beyond the student's control and that significantly affected the student's ability to submit an appeal by the due date.

10.8.4 In normal circumstances, the grounds on which a student may appeal against a decision of a Faculty Board in relation to exclusion or discontinuation are:

(1) procedural irregularities which have resulted in substantial unfairness to the student;

(2) mitigating circumstances, supported by documentary evidence, which directly and significantly affected the student's performance, an awareness of which might have reasonably led to a decision other than exclusion;

(3) the decision was based on factual errors of such magnitude as to invalidate the decision.

10.8.5 The Registrar shall refer the appeal to the relevant Dean.

10.8.6 The appeal shall be considered by the appropriate Course Director or other nominee of the Dean in the first instance, who shall seek the advice of other relevant members of staff.

10.8.7 The Course Director or other nominee of the Dean shall submit a report to the Responsible Academic Officer or other nominee of the Dean, with a recommendation as to whether to uphold or dismiss the appeal.

10.8.8 The Responsible Academic Officer or other nominee of the Dean will consider the report and recommendation and the following provisions will apply:

(1) Where the Course Director or other nominee of the Dean has recommended that the appeal be upheld, and the Responsible Academic Officer or other nominee of the Dean after considering the report and recommendation agrees with the recommendation, the recommendation will be forwarded to the Dean who shall make a decision.

(2) Where the Course Director or other nominee of the Dean has recommended that the appeal be upheld and the Responsible Academic Officer or other nominee of the Dean after considering the report and recommendation disagrees with the recommendation to uphold the appeal, he or she will invite the student to respond to the recommendation, as provided for in Rule 10.8.8 (3).

(3) Where the Course Director or other nominee of the Dean has recommended that the appeal be dismissed, the Responsible Academic Officer or other nominee of the Dean will invite the student to respond to the recommendation to dismiss the appeal. A student will be permitted to respond in writing and may be required to attend an interview with the Responsible Academic Officer. The student's response must reach the Faculty within such time as the Registrar may specify from time to time. The Responsible Academic Officer or other nominee of the Dean will consider the response and make a recommendation to the Dean as to whether to uphold or dismiss the appeal.

10.8.9 The Dean shall consider the recommendations and reports of the Course Director or other nominee of the Dean and the Responsible Academic Officer or other nominee of the Dean as provided in 10.8.8. Where the Dean disagrees with the recommendations of the Course Director or other nominee of the Dean and the Responsible Academic Officer or other nominee of the Dean to uphold the appeal, and where the University has not done so already, the Dean will invite the student to respond to the Dean's recommendation as provided in Rule 10.8.8 (3). The matter will then be referred to the Registrar for final decision.

10.8.10 In the event that the Course Director or other nominee of the Dean, or the Responsible Academic Officer or other nominee of the Dean believes that his or her involvement in the appeal would lead to a conflict of interest, he or she will be required to consult with the Dean. If the Dean believes that his or her involvement in the appeal would lead to a conflict of interest, he or she will be required to refer the matter to the Registrar for final decision.

10.8.11 Following the conclusion of the processes provided for in 10.8.8, 10.8.9 and 10.8.10, the Dean and/or Registrar shall reconsider the recommendation and determine the final decision. The final decision will be conveyed to the student by the Registrar.

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