Appealing an academic misconduct decision

You can, in some circumstances, appeal against a responsible officer’s or Student Misconduct Panel’s finding of academic misconduct and the penalty – or the penalty alone. Bear in mind that the grounds for an appeal are limited.

Actual or perceived bias

You need to show that the person could not have had an open mind in your case, or was prejudiced against you. You also need to identify who was affected by this bias and how it influenced the decision.

You’re expected to have raised your concern at the earliest opportunity. For example, if you didn’t submit an objection to a member of a Student Misconduct Panel before the hearing, you can then only appeal on the basis of their behaviour during the hearing.

Excessive penalty

You need to show that the penalty exceeds the severity of your academic misconduct. For example, you might show that:

• a heavy penalty has been imposed for minor misconduct or
• the penalty imposed would have significant, unintended consequences for you that have not been taken into account.

But you can’t argue that a penalty is excessive because another decision-maker made a different finding for a similar allegation.

New evidence

You need to provide new evidence and explain why it wasn’t available earlier.

You then need to show how the responsible officer or Student Misconduct Panel would have made a different decision if the evidence had been available at the time of their decision.

Breach of natural justice

You must identify which rules of natural justice were not followed and then explain how this affected the decision of a responsible officer or Student Misconduct Panel.

In the context of academic misconduct, natural justice requires that you:

• receive a Notice of Allegation of Academic Misconduct
• have access to the information used to make a decision
• have a right to respond to the allegations.

You must show how the decision may have been different if all of these rules of natural justice had been followed.

Clearly wrong decision

You need to show that the decision was unrelated to the facts presented in the evidence and/or at the hearing. Or you need to show that the decision was so illogical or irrational that no reasonable decision-maker could have made it.

It is not possible for a witness, complainant or the University to appeal a decision of a responsible officer or Student Misconduct Panel.

How to appeal

To appeal a decision, submit an online student misconduct appeals form within 20 University working days of the date of your Notice of Decision. Make sure to include:

• your name
• Monash student ID number
• date of notice of decision
• who made the decision (responsible officer or Student Misconduct Panel) and whether you’re appealing both their finding and penalty, or just the penalty
• grounds for your appeal.

After you submit your appeal

Once you submit your appeal, the chair of a Student Appeals Panel will review it and decide to:

• advise the University to set up a full Student Appeals Panel to hear your appeal or
• dismiss the appeal because it’s frivolous, vexatious, misconceived or lacking in substance.

Student Appeals Panel Hearing

If the chair decides to set up a full Student Appeals Panel, we’ll send a Notice of Hearing (SAP) to your student email address at least 10 working days before the hearing date, unless you agree in writing to a shorter notice period.

The panel must decide whether or not the grounds for your appeal have been substantiated.

• For appeals against the finding and penalty, a new hearing takes place so that the Student Appeals Panel can consider, as if for the first time, the issues under appeal. You may be invited to present new evidence at this hearing.

• For appeals against the penalty alone, the Student Appeals Panel will only consider the evidence before the original decision-maker and your submission about the appropriateness of the penalty. The panel will make its own decision as to its appropriateness.

A Student Appeals Panel may sometimes make a decision based on written materials alone, without holding a hearing.

Objection to a panel member

You may object to a panel member if you believe that they’re biased. You must submit your objection in writing within four University working days of the date of receiving your Notice of Hearing (SAP). Make sure to give full details of the perceived bias and any evidence you have to support it. If your objection isn’t resolved before the day of the hearing, the hearing will be rescheduled.

Who attends the hearing

Three panel members will attend the hearing: a chair (Monash staff), a second member (Monash staff) and a third member (Monash student). You may request that the third member be a Monash staff member instead of a Monash student.

The Student Appeals Panel may ask complainants and witnesses to attend the hearing.

Others present at the hearing may include a:

• secretary or notetaker
• discipline expert or other expert
• Student CARE (Coordination, Assessment, Referral and Evaluation) Service member, mental health nurse or other support person
• legal advisor to the panel.

Representation and legal advice

It’s important that you understand your rights. We strongly recommend that you seek independent advice, particularly for serious matters. You can get such advice from a student rights officer at your student association.

A Student Appeals Panel is not a legal tribunal, but you’re allowed to be legally represented at one. You must provide details of your legal representative in your response to your Notice of Hearing (SAP).

Hearing outcome

By majority or unanimous decision, the Student Appeals Panel will:

• maintain the original decision of the responsible officer or Student Misconduct Panel
• vary the original decision or
• replace the original decision with their own.

Notification of the panel’s decision will be sent to your Monash email address within seven University working days of the decision being made.