8. Status of student pending appeal outcomes

Under Rule 16.18.4, a student may apply to the Vice-Chancellor for a stay of decision. The Vice-Chancellor may direct that a decision be stayed until the time for making an appeal has expired or, if an appeal is made within the permitted time, until the appeal has been determined.

In such cases the Vice-Chancellor will determine the status of the student during the appeal process; in other words, whether the student is to be on a restricted or conditional provisional program. This may include provisional class attendance, restricted attendance on campus, conditional use of University facilities, enrolment in online subjects, leave of absence and so on.

The following criteria are considered in determining whether to grant a stay of decision and the student's status during the appeal process:

• student's reasoning for requesting the stay of decision
• whether it is appropriate given the nature and seriousness of the misconduct to approve a stay of decision
• whether there is a need to implement the penalty immediately to ensure the protection of other person(s) and/or facilities and property of University
• an assessment of the likelihood of a successful appeal against the finding of misconduct and the penalty, and if the penalty includes payment of compensation to a third party under 16.3.1(12), the capacity of the third party to repay the student if the penalty is nullified on appeal.

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