About the Academic Appeal Process
The University provides students with the right of appeal for circumstances where an academic decision affecting them has failed to adhere to published policy and/or procedure; or where compelling new evidence is available that was not available at the time the original decision was made. The Academic Appeals process provides students with the right of appeal against a range of academic decisions on the following grounds:
- where there has been a breach of procedural fairness; or
- where substantial and relevant new or fresh evidence is available that was not available for the student to provide when the original decision about the student’s case was made.
An appeal is different to a complaint, and the appeals process can only be used where one or more of the above grounds for appeal are met. The Academic Appeals Procedures guide the administration of appeals and is an important resource for students considering an appeal.
Grounds of an Appeal
Student can submit an academic appeal against the decision on their Review of Grade on two grounds, which are:
- there has been a breach of procedural fairness; or
- where the student considers substantial and relevant new evidence is available that was not available for the student to provide when the decision about the student’s case was made.
What cannot be considered in an Academic Appeal?
The Academic Appeals process cannot be used to challenge a student’s final result in a subject or the mark awarded for an individual assessment item. The Committee will not be able to consider the circumstances regarding the whole subject. Students may only appeal the relevant decision made, not the academic outcome itself.
An Academic Appeals Committee does not reassess academic work or make academic judgments about grades or marks. Its role is limited to determining whether decisions made in university processes were procedurally fair and made in accordance with university policy. A grade that does not align with a student’s expectations, or failing an assessment or examination, does not in itself demonstrate a breach of procedural fairness. Simply disagreeing with a decision, without evidence that policy or procedure was not followed, is not sufficient grounds for an academic appeal.
What is Procedural Fairness?
Students need to clearly identify the specific procedural issue they believe occurred and provide evidence to support any claim of a breach of procedural fairness. Procedural fairness focuses on whether a decision was made through a fair and proper process. This includes being given a reasonable chance to present your side and having your matter considered by an unbiased decision‑maker.
It is not enough to simply say that the outcome feels unfair. A personal belief or disagreement with the decision does not, on its own, demonstrate a breach of procedural fairness and cannot be used as grounds for an appeal. Students are encouraged to review Western’s Procedural Fairness and Good Decision Making guidelines for further guidance.
Remember, procedural fairness is about how the decision was made, not whether you agree with the result. A decision can still be procedurally fair even if it leads to an outcome you are unhappy with, as long as the process was impartial and you were given an opportunity to present your case.
Breaches of Procedural Fairness
Examples of breaches of procedural fairness include
- A student who has failed a subject and submits a Review of Grade, but it not given the opportunity in the Review of Grade application to provide reasoning or information to the decision-maker before the decision is made.
- A student sits an assessment and fails because they did not include something that was not outlined in the marking rubric or subject outline.
- A student who has failed a subject and submits a Review of Grade, but the Review of Grade is not reviewed by an unbiased decision maker.
- A decision in the Review of Grade directly goes against a published policy of the University e.g. a student not being granted a supplementary assessment task even though they have met the requirements within the Assessment Policy.
- When a decision-maker does not appropriately consider the evidence and reasoning provided by a Student in their Review of Grade application (provided the Review of Grade was made in line with the reasoning provided in Cl 49 of the Assessment Policy).
- When a student has an Academic Reasonable Adjustment Plan (ARAP) that is not complied with.
- When students are provided with inconsistent information in regard to the requirements of an assessment task which caused them to fail an assessment or subject.
Things that are not breaches of procedural fairness include
- A student missed a compulsory teaching activity or assessment task due to illness and did not submit a Disruption to Studies or request for extension within the timeframes outlined within the University’s policy and as a consequence has failed a subject.
- A student was feeling stressed or overwhelmed during an exam which lead to them failing their assessment and/or subject.
More information on procedural fairness can be found in the FAQ’s for students seeking to appeal an Academic Decision.
Substantial and Relevant New Evidence
If a student selects substantial or relevant new evidence, this must be evidence that was not available to the student at the time that they made a Review of Grade application or could not have been made available at the time. A student cannot make an application using evidence that they chose not to include in their Review of Grade application, or that was submitted as part of their Review of Grade application. For example, a witness statement could have been made available at the time of the Review of Grade application had the student decided to obtain it. The student stated in their supporting document that it was not available because it had not been obtained at the time of the Review of Grade application.
Please be advised that the decisions made in relation to Review of Grade outcomes for other students are not appropriate as new evidence. Each matter of a Review of Grade application is personal to that student and is directly related to their own personal circumstances and cannot be compared. It is expected that there will be varying outcomes for students in Review of Grade outcomes and this is considered normal. Even if a student feels that the circumstances are the same, there may be other circumstances they are not aware of that are personal and only relate to that student and their outcome. This information would not be accepted as new evidence.
Please be advised that all new evidence should directly relate to the reason for the Review of Grade application, including “The assessment requirements as specified in the subject outlined were varied in an unreasonable way, assessment requirements specified in the subject outline were unreasonably or prejudicially applied or due regard has not been paid to the evidence of illness or misadventure”.
How to Lodge an Appeal
With the knowledge that an appeals committee cannot review final subject results, if you want to continue with your appeal you will need to ensure that you follow the process described at: Academic Appeals procedure, and ensure you complete the Academic Appeal form, ensuring you have clearly documented how there was a breach of procedural fairness in the decision made by the university.
All supporting documentation must be provided by email to: StudentSenateAppeals@westernsydney.edu.au. Documentation should be sent as individual files that are clearly marked to their relevance of the appeal. A strong academic appeal clearly explains the grounds you are appealing on and includes detailed information such as timelines, dates, and evidence that supports your case. The evidence you provide must directly relate to the grounds of appeal you’ve selected. If an application does not address these requirements, it cannot be considered a valid appeal and will not progress to an Appeals Committee
Will I be invited to appear at an appeals hearing?
Students may be invited to attend a student appeal hearing; however, they do not have an automatic right to appear in person before the Committee. Because of this, your appeal submission must include all supporting documentation. You may send your materials directly to this email address.