SRC Guide to appealing an exclusion after an unsuccessful “show good cause”

If you are told you cannot appeal or need to make another argument, seek immediate advice from an SRC caseworker.

Due academic process

Policy says appeals will not be heard by the SAB unless “due academic process has not been observed by the Faculty in relation to the Academic Decision, including matters pertaining to Special Consideration.”

Some students are told their appeal cannot be heard because they haven’t outlined a breach in due academic process.

The SRC understands most show cause and exclusion appeals talk about student’s special circumstances that affected their study. We can help you write that you believe there has been a breach to due academic process because the faculty has not adequately considered your special circumstances – referred to in policy as “matters pertaining to special consideration”. See the sample letter for suggested wording. (Note there is one for Stage 3 students and one for Stage 4.)

If you think there are other procedural matters that have not been followed correctly you should raise these in your letter. Talk to an SRC caseworker.

If you have a disability, are registered with the Disability Services, have experienced depression, anxiety or trauma you could also state that you believe your case should be considered in context and in connection to the Disability Standards for Education.

Note there is no guarantee the University will accept your letter and allow you to appeal to the SAB.

If your letter is not accepted, the SRC will continue to lobby the University on this issue and help you make a complaint to the NSW Ombudsman, where appropriate.

Want to leave the University of Sydney?
Having an exclusion on your record is best avoided. If you have chosen the wrong path, consult a faculty advisor about the possibility of being granted a “Lapse of Candidature”. This means you are leaving your degree forever. If you want to come back you need to apply through the regular admissions channels. The SAB seems to think only Faculties can consider lapse of candidatures. Ask the SRC for further advice.

International students should go to the FAQ about student visas.

STEP 1: Writing your appeal letter

1. Get your exclusion appeal letter in within 20 working days. (Late applications are sometimes considered but this is very rare.)
2. Read the Faculty’s letter - it should state why you were excluded. Address these in your letter.
3. Look at your entire academic record and address any patterns the University may identify. Be able to pre-empt what they might say in the SAB hearing.
4. Explain your academic performance thoroughly. The SAB must understand the full extent of the problems you faced. Your letter must be clear and compelling and explain exactly HOW your studies were affected. Make all the links.
5. Have supporting documentation wherever possible. Always keep copies.
6. Raise any issues you did not mention before, including procedural or administrative ones.
7. Study must be your 1st priority above all else, including work.
8. Your solutions for the future are the most important part of your letter. The SAB must be convinced you will be successful in your studies if they allow you to continue. Talk about what you have learnt from your previous experiences. eg. were there times you should have applied for special consideration? Should you have discontinued study or gone part-time? Were you unaware that help existed or did you have difficulties discussing your situation? How will things change in the future? How will you access support and information?
9. Make sure you include text about academic process - see the sample letter for suggested wording. (Note there is one for Stage 3 students and one for Stage 4.)

STEP 2: The appeal hearing

Before the hearing make notes of what you want to say and think about your responses to possible questions. Talk these through with an SRC caseworker.

The day of the hearing Arrive in plenty of time. Dress neatly. Try to stay calm and relaxed. SAB members will have read your letter and the Faculty’s reasons for the Exclusion. If you are nervous and don’t hear any questions or they are not clear, ask them to repeat it. Answer clearly and concisely. Don’t rush. The SAB may also have questions for the Faculty.

You may have the opportunity to make a final comment. You should emphasise why you will pass in the future and address any outstanding issues raised by the Faculty and the SAB.

In reaching a decision, the SAB will consider whether the faculty has followed university policies and whether your personal circumstances have been adequately considered. They will consider whether changes can be expected to lead to better academic performance. If you did Summer/Winter School they will look at your results.

Frequently asked questions (FAQ)

Can I attend classes?
You can enrol until the SAB make a final decision. Attend classes as usual & study hard so you can talk about how well your studies are going at the appeal hearing.

When will I know the date of the appeal hearing?
You should know within a couple of weeks. You should be given 10 business days notice of the time, date and place.

Can I take anyone with me?
Yes. We strongly recommend an SRC caseworker who is experienced and can advocate for you.

What if I can’t go to the appeal hearing?
We usually recomend you attend. If you can’t you could request a date change. You may send a representative (eg. SRC caseworker) in your place & you should notify the university in writing. If noone attends the SAB may make a decision without seeing you.

Who is on the SAB?
The SAB has 3 members: usually 2 University staff and 1 student (not from your faculty). Administrative staff may also be present.

What should I take to the appeal hearing?
A copy of your appeal letter, the faculty’s reasons for excluding you, your show cause letter and academic record will be circulated to you, the Faculty and the SAB prior to the meeting. Take these.

Can I take new information or documents to the appeal?
Try to get everything in beforehand. Policy says the hearing isn’t for you to give further submissions “unless the SAB, in its absolute discretion, allows”. You should therefore take anything extra with you and ask, but they may say no.

When will I know the decision?
Hopefully the next working day.

What if I am excluded?
Exclusions are normally for 2 years.

Should I tell Centrelink?
You must tell Centrelink if you stop being a full-time student. Talk to the SRC about other payments.

What happens to my student visa?
If you are excluded you are considered to be in breach of Mandatory Condition 8202. This may have serious implications on your Student Visa, even if you get a place at another university. Get advice from compliance@io.usyd.edu.au and/or a reputable migration agent.

Can I appeal anywhere else?
All students can make complaints to the NSW Ombudsman. There must be a procedural issues. Lack of timeliness and procedural fairness are examples of procedural complaints. (Note: you can’t stay enrolled while complaining to the NSW Ombudsman).

RETURNING TO USYD AFTER EXCLUSION

At the end of the exclusion period you will not be automatically readmitted. You must make a written request to your faculty before you intend to come back – check with your Faculty for dates. You need to show the problems you previously had have all been resolved and you have spent your time productively, eg, studying at TAFE, gaining work experience. Talk to the Faculty following your exclusion for advice on what you could do that would help your prospects of readmission.

Email help@src.usyd.edu.au or phone
(02) 9660 5222 for further information.

This advice is based on SRC experience of previous exclusion appeals and our best knowledge to date. We strongly recommend you make an appointment with an SRC caseworker.