ESOS (Education Services for Overseas Students)

Student Guide to Complaints and Appeals Processes

This document is a guide for students regarding the Monash complaints and appeals processes with special reference to unsatisfactory academic progress. It provides information concerning the internal and external complaints and appeals process.

Monash University Complaints and Appeals processes are governed by university statute and regulations as well as university policies and procedures.

Grievance (administrative or academic)

The processes for lodging a grievance are outlined in the Academic and Administrative Complaints and Grievances Policy and Complaints and Grievances of Coursework Students Procedures: http://policy.monash.edu.au/policy-bank/academic/education/management/complaints-grievance-policy.html

The University has separate procedures for exclusion for unsatisfactory academic progress, discipline, exclusion for health reasons and complaints of discrimination or sexual harassment. The Academic and Administrative Complaints and Grievances Policy may not be used to:

• Initiate an action about discrimination/sexual harassment or to complain about the outcome of a matter which has been handled under the University’s Discrimination and Sexual Harassment Procedures; or
• to complain about an outcome reached under processes contained in the University’s Unsatisfactory Academic Progress Statute or regulations, the Exclusion for Health Reasons Statute or the Discipline Statute.

Appeal rights if excluded for unsatisfactory academic progress

Under the provisions of Statute 6.2 – Exclusion for Unsatisfactory Progress , students have the right to appeal the decision of the Academic Progress Committee to the University Exclusion Appeals Committee.

In accordance with Section 7 of Statute 6.2, the right to appeal is limited to one or both of the following grounds:

• new evidence, being evidence not reasonably available to the student at the time of the academic progress committee hearing; and/or
• procedural irregularity.

If you appeal under this section you are entitled to continue candidature until the appeal process has been finalised.

Time period for lodging an appeal

There is a time limit of 20 working days for you to appeal to the Secretary of the Exclusion Appeals Committee effective from the first working day after the date on the notice of decision letter.  You will not be allowed to continue with your course and you will be excluded by the University following either:

• the lapse of the 20 day period; or
• at the conclusion of the appeal process if your appeal is not successful.

External appeal- Ombudsman Victoria

If you are not satisfied with the way in which the University has handled your exclusion and/or appeal, you may make a complaint to the Ombudsman Victoria. An Ombudsman’s inquiry is related to process, not to the merits of the case. The Ombudsman’s office will review the University’s processes and whether correct process was followed in the handling of the exclusion and appeal. The Ombudsman’s service is free.

Information concerning the Ombudsman Victoria and processes for lodging a complaint can be found at: http://www.ombudsman.vic.gov.au

Phone: 9613 6222 or Toll Free: 1800 806 314 (regional only)

Email: ombudvic@ombudsman.vic.gov.au

Reporting of International Students studying in Australia on a student visa

The University is obliged to report to government on a students’ unsatisfactory academic progress as soon as practicable after a decision has been made. This means:

• upon decision of the Academic Progress Committee for students who do not lodge an internal appeal within 20 working days of the decision  or
• following internal appeal where an exclusion is confirmed or
• for students complaining to the Ombudsman Victoria who have advised Monash of the complaint, at the conclusion of the Ombudsman’s enquiry if the Monash decision is upheld.

If you make a complaint to the Ombudsman Victoria, you must advise Monash University that you have done so within 14 days of the date of the outcome of the appeal to the Exclusion Appeals Committee. Advice should be addressed via email to the University’s ESOS Reporting Officer at ESOS.reporting@adm.monash.edu.au. The Case Number allocated by the Ombudsman’s office should be provided with the advice. Unless you notify the ESOS Reporting Officer within the required 14 days, you will be reported to the government at the conclusion of those 14 days.