Can you appeal a university decision?
One question we are often asked by our university student clients is ‘can you appeal a university decision?’
The simple answer is that university decisions can be appealed, but it all depends on the facts and circumstances of each case.
University students often seek our help on matters such as academic decisions including course progression, exclusions, suspensions, discrimination and dispute resolution. Full details of our services can be found at our education law page.
Below are some steps that may be available to university students to have their matter reviewed, appealed or escalated externally.
How do you appeal a university decision?
- The first step is to review the university’s policies and procedures which will identify the internal steps that need to be taken, and then follow those steps.
- The wording of the policies and procedures differ between each university, so you need to ensure you go to your university’s policies and procedures.
- The policies and procedures might determine that the decision first needs to be reviewed by the faculty before an appeal can be lodged, and that an appeal can only be made if certain grounds for appeal exist.
- The appeal process may involve lodging an appeal with the university, receiving the university’s response to your application for appeal, and you appearing at an appeal hearing at the university.
- There are very strict timeframes that usually apply for reviews and appeals so you need to ensure you are complying with the timeframes, otherwise you might be prevented from having the decision reviewed or appealed.
- We recommend that you seek advice from an Education Lawyer at the earliest stage so that they can assist in drafting submissions for review and if required, appeal submissions. The strategy being to put your best foot forward at the lowest level so that your chances of a successful review or appeal are increased.
How can a university student appeal externally?
- If the outcome of your appeal is unsuccessful and you are seeking further avenues for recourse, the university will provide details for the external body that may be able to review your matter.
- If appeals and complaints to the external body are not successful and you attend a public university, a complaint can be made to the Ombudsman in the relevant state (if a complaint has not already been provided to the Ombudsman as being the nominated external body referred to in paragraph 7 above). Links to each state Ombudsman are below:
- Queensland Ombudsman – https://www.ombudsman.qld.gov.au/
- New South Wales Ombudsman – https://www.ombo.nsw.gov.au/
- Victorian Ombudsman – https://www.ombudsman.vic.gov.au/
- ACT Ombudsman – https://www.ombudsman.act.gov.au/
- South Australian Ombudsman – https://www.trainingadvocate.sa.gov.au/
- Western Australia Ombudsman – http://www.ombudsman.wa.gov.au/
- Tasmanian Ombudsman – https://www.ombudsman.tas.gov.au/
- Northern Territories Ombudsman – http://www.ombudsman.nt.gov.au/
- If you attend a private university and have grounds for a consumer complaint, this can be made to the Australian Competition and Consumer Commission https://www.accc.gov.au/consumers/complaints-problems
What if you are an overseas student?
- Overseas students attending a public university can make a complaint to the relevant State Ombudsman (links in paragraph 8 above).
- If an overseas student is attending a private university, they need to make a complaint to the Commonwealth Overseas Students Ombudsman.
How do university students make a discrimination complaint?
- If you have a discrimination matter a complaint can be made to the Australian Human Rights Commission (https://www.humanrights.gov.au/) or the Commission for each state, details of which can be found below:
- Queensland – Queensland Human Rights Commission – https://www.qhrc.qld.gov.au/
- New South Wales – Anti-Discrimination Board of New South Wales – https://www.antidiscrimination.justice.nsw.gov.au/
- Victoria – Victorian Equal Opportunity and Human Rights Commission – https://www.humanrightscommission.vic.gov.au/
- ACT – ACT Human Rights Commission – https://hrc.act.gov.au/
- South Australia – Equal Opportunity Commission – https://eoc.sa.gov.au/
- Western Australia – Equal Opportunity Commission – http://www.eoc.wa.gov.au/
- Tasmania – Equal Opportunity Tasmania – https://equalopportunity.tas.gov.au/
- Northern Territory – Northern Territory Anti-Discrimination Commission – https://adc.nt.gov.au/
Can a university student issue a court application or claim?
- Another avenue may be to lodge an application or claim in the relevant court. The type of application or claim needed will depend on several factors including whether the university is a private or public education provider, the individual facts and circumstances of each matter, and whether the claim is being made under statute or common law.
- The type of application or claim to lodge and where to lodge the application or claim are complex issues, and we recommend that university students obtain legal advice from an Education Lawyer regarding their options.
Time frames
- There are strict time frames that need to be met at every level: the university level for reviews and appeals, external complaints, and court claims or applications. If you miss the applicable time frame you will likely be prevented from taking that course of action. We recommend that university students obtain advice from an Education Lawyer as soon as possible to make sure they do not miss these time frames.
What should you do next?
As you will note there are various avenues that could be taken, and the facts and circumstances of each matter will dictate which avenue ought to be pursued. We recommend that university students seek legal advice as soon as possible to ensure they do not miss any of the strict time frames applicable, or they risk being prevented from progressing review/appeal or a claim/complaint against the university.
If you need advice or assistance with your Education Law related matter, please contact Holly Mylne, the Principal of Blossom Lawyers.
Mobile: (07) 5636 5598
Email: admin@blossomlawyers.com.au
Website: www.blossomlawyers.com.au
