Please note - Swinburne University of Technology

19.6 If the student is not satisfied with the resolution
proposed under section 19.5, notice to that effect
must be sent by the student to the Academic
Registrar within ten working days of the date of
the advice received under section 19.5.
19.7 The Academic Registrar will refer the matter to an
Appeals Committee with the composition as
shown in section 17.7.1.
19.8 The written report compiled by the Head of School
under section 19.5 will be forwarded by the Head
of School to the Chair of the Committee.
19.9 The student or a representative of the division may
submit any other written material to the
Committee in support of their case. Any additional
evidence so provided shall be copied to the other
party or parties in the appeal.
19.10 Students invited to attend a meeting of the
Committee, may be represented by an advocate
who may not be a member of the Appeals
Committee.
19.1 1 The Appeals Committee shall investigate the
matter in the following manner.
19.1 1 .I The Committee will meet within seven
working days of the date the formal
appeal is made to the Academic
Registrar.
19.1 1.2 It will consider all written
documentation including the written
statements of the student and staff
member and the written statement of
any witnesses.
19.1 1.3 The student and a representative of the
Division separately must be given the
opportunity to appear during the course
of the hearing.
19.1 1.4 The Committee may call before it the
student and other parties considered
appropriate by the committee.
19.1 1.5 Committee decisions should be reached
through a majority vote.
19.12 The actions available to the Appeals Committee
shall include:
a) dismissing the case;
b) upholding the case, and finding that the
student has been placed at a disadvantage and
instructing the School or Division concerned to
take what the Committee considers to be
appropriate action to rectify the matter.
20. Decisions of Appeals Committees
A written report on the decision of the Appeals Committee
with reasons is to be given to the student, the staff member,
the Division involved, and other committee members as
appropriate within seven days of the Committee's decision.
A copy of the report will be submitted to the Vice-Chancellor
for information only.
No further appeal against any decision of any Appeals
Committee is possible to any officer of, or body within the
University unless the student can make a case, in writing,
to the Vice-Chancellor that new evidencelinformation is
available or that there has been a breach of process.
General grievance
procedure for students
1. Policy
1 .I Swinburne Council adopted an Equal Opportunity
Policy in 1984. The policy affirms commitment to
the principles of equal opportunity with regard to
employees of, and applicants for employment
within Swinburne, and to students admitted to,
and prospective students of Swinburne.
1.2 The policy and its successive amendments stipulate
that there shall be no discrimination on the
grounds of sex, marital status, disability, race,
religious or political beliefs, age. sexual preference,
or being a parent, childless or a defacto spouse.
2. Definition of terms used in
grievance procedure
2.1 Grievance: a complaint presented by an individual,
or a group, based on the opinion that they are, or
have been, receiving treatment that differs from
the treatment received by other individuals or
groups.
2.2 Discrimination:
a) Direct Discrimination - any decision or action
which specifically excludes a person or group
of people from a benefit or opportunity, or
significantly reduces their chances of obtaining
it, because a personal characteristic irrelevant
to the situation is a~~lied ,,
as a barrier.
b) Indirect Discrimination - attitudes and
assumotions which are incor~orated into rules,
polici& and practices, that Gpear to be
neutral or to treat everyone equally, but may in
fact disadvantage one group.
2.3 Status or Private Life: The Victorian Equal
Opportunity Act 1984 stipulates that no person
shall experience discrimination on the grounds of
that person's status or private life. 'Status' refers
to a person's sex, marital status, race, impairment,
being a parent, childless or a defacto spouse.
'Private Life' refers to the holding or not holding of
any lawful religious or political beliefs and
engaging or refusing to engage in any lawful
religious or political activities. The Act applies to
education and employment.
2.4 Complainant: person who lodges a grievance.
2.5 Respondent: person who it is alleged undertook
the behaviour which resulted in the grievance.
2.6 Grievance Procedure: a prescribed set of actions to
be followed when a grievance is presented.
3. Behaviours or actions which give rise
to a grievance
3.1 A grievance arises when a student cannot obtain
redress through normal channels for what he/she
considers to be unfair or different treatment. Such
treatment may occur in classroom behaviour and
interactions.