Academic Appeals

You can appeal against a decision made under the policies listed in the

Academic Appeals Procedure.

You may also submit an appeal for decisions made under policies not listed in the procedure  if there is no independent appeals process documented in the policy.

Believing the outcome of a decision is unfair does not constitute a breach of procedural fairness.

Procedural fairness means acting fairly in administrative decision making. It relates to the fairness of the procedure by which a decision is made, and not the fairness in a substantive sense of that decision.

The three main principles of procedural fairness are:

• Did you know the details of the matter/academic decision that adversely affected you?
• Did you have the opportunity to provide comment on the matter for the decision maker to consider before the decision was made?
• Was the decision maker fair and unbiased?

Decision-making at the University is guided by formal Policy and Procedure and correct and fair procedures must be used when decisions are made by staff. Procedural fairness is concerned with the procedures used by a decision maker in determining an outcome, and not with the outcome itself. Even if the decision doesn’t go your way, it still feels fair that you have had a chance to be heard by an biased decision-maker.

A valid appeal must demonstrate that any one of the three principles of procedural fairness was breached and/or that the decision made was not in accordance with University policies, procedures, and rules.

It is important that you review and understand the policy, procedure or rule that the decision was made under, when determining whether there are grounds for appeal.

Examples of breaches of procedural fairness include:

• A student fails a subject and submits a Review of Grade application, however, they are not given the opportunity to provide reasoning or information through their Review of Grade application to the decision-maker before the decision is made.
• A student submits an assessment and fails because they did not include something that was not outlined in the marking rubric or subject outline as being essential.
• A student fails a subject and submits a Review of Grade application, however, the Review of Grade application is not reviewed by an unbiased decision maker.
• A decision directly goes against a published policy of the University.
• A student has an Academic Reasonable Adjustment Plan (ARAP) that is not complied with.

If you believe your final grade does not accurately reflect your performance against the subject criteria the correct process to use is the Review of Grade. The Appeals process cannot be engaged until a decision has been finalised in the Review of Grade process.

The Appeals process is not an alternate mechanism for having your Review of Grade application reassessed. You may submit an appeal against the outcome of your Review of Grade if one, or both grounds for appeal are met.

You have 20 business days from the date of the decision to submit your appeal. The date of decision is considered as the date the outcome was sent to you, which is not always the date that you first viewed the outcome.

Business days are working days of the University and do not include weekends, public holidays, and University closures.

In accordance with Clause 10 of the Academic Appeal Procedures, late appeals (more than 20 working days after the decision was made) are considered at the discretion of the Chair of the Committee. For this to be considered, students must provide documented extenuating circumstances that prevented them for being able to submit their application on time. Students must prove their claim for extenuating circumstances by providing appropriate independent supporting documentation.

The definition of extenuating circumstances is outlined at Clause 3 of the Academic Appeal Procedures and states that these are defined as circumstances beyond a person’s control (i.e. the person is not responsible, directly or indirectly, for the situation). The events or circumstances must be unusual, uncommon or abnormal.

When making a late appeal, students must include a statement that explains why the appeal is late and address the extenuating circumstances that prevented an on-time application. Independent documentation that supports the claims of extenuating circumstances must be provided.

The extenuating circumstances will be considered by the Chair to determine if the Chair will review the appeal or not. If you don’t meet the requirements for a late appeal, the Chair will not review the appeal.

Students making a late application must complete both the Application for Late Academic Appeal and  Application for Appeal Under the Academic Appeals Procedures form and provide the necessary supporting documentation for both.

Download the Student Appeal Form and complete all of the required form sections and ensure the application includes a concise description of all relevant details, including a clear timeline of events in chronological order.  All supporting documentation should be appropriately named and dated.

Submit your completed application form and all supporting documents to StudentSenateAppeals@westernsydney.edu.au.

Your application will undergo an initial review in the Office of Governance Services to check that it is complete and grounds for appeal have been demonstrated. If further information is required from you, you will be advised of a deadline to provide this information.  It is recommended that you regularly check your student email for updates, or requests for further information.

Complete applications are then assessed by the Chair of Academic Senate (or nominee) and appeals that establish valid grounds as stipulated in clause (11) of the Academic Appeals Procedures, will be accepted and referred for consideration by the Academic Appeals and Integrity Committee (AAIC) within ten (10) business days of the Chair’s decision.

Where the Chair determines that the application has failed to establish valid grounds of appeal, a second independent review is undertaken, and if the independent review does not support the Chair’s determination, the appeal will progress to the Committee for consideration.

The Committee will then determine if your appeal is upheld (successful) or dismissed (unsuccessful) and advise you of the outcome.

You need to allow 4-6 weeks for the resolution of your appeal, especially during peak appeal periods which are the weeks following the official release of results. The full process and timelines are documented in Section 4 of the Academic Appeals Procedure.

A poor application that does not clearly demonstrate grounds for appeal will only delay review and resolution of your appeal.

If the Committee upholds the appeal, then it will either:

1. substitute its own findings, and, if applicable, set aside or vary any decision previously made; or
2. if it decides that the original finding or decision regarding the student should not be set aside or varied, despite allowing the appeal, confirm that finding or outcome.

If the Committee dismisses an appeal, then the original finding will stand. The Committee’s decision is final, and there is no further avenue of internal appeal available in relation to the same matter/issue. (Clause 40 of the Academic Appeals Procedures).

Staff in the Office of Governance Services can provide advice to you in relation to the appeals process, related policy restrictions and application requirements,  and you can contact them at StudentSenateAppeals@westernsydney.edu.au

The Welfare Service can provide free and confidential assistance to navigate university processes including appeals. Contact the Welfare Service via welfareservice@westernsydney.edu.au or call 1300 668 370 (option 5) to book an appointment.

Outside of the Appeals process, the University’s Counselling service can provide free and confidential support to help you overcome any barriers that may be impacting your study.

If you identify as Aboriginal or Torres Strait Islander, please contact Badanami Centre for Indigenous Education on 1300 897 669 or visit the Badanami website at the following link: Badanami Student Services.

If you are alleging that Western Sydney University processes and/or policies have not been followed or adhered to, you can contact  the Complaints Resolution Unit and/or the National Student Ombudsman, if you believe that the University has not properly followed its published policies and procedures.