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.

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.