//. APPEALS

Do you have an academic problem that has not been dealt with to your satisfaction. You have tried sorting it out with the department by yourself, or with support from the UCSA Education and Advocacy office, but it hasn't worked out. What do you do next?

If you haven't already done so, you need to ask for the original decision that you're unhappy with to be reconsidered. You need to do this in writing. This step is prior to any appeal process and is not recorded in your transcript. The outcome of any such reconsideration needs to be sent to you in writing. That notification must inform you of your right of appeal and that any appeal must be made within fourteen days of you receiving notification of the decision.

Once you decide to make an appeal you are engaging in a formal process. The appeals process can be difficult and time-consuming. Don't enter it believing that it's going to be a breeze and you will necessarily get what you want. The Appeals Regulations can be found in the University of Canterbury Calendar at: http://www.canterbury.ac.nz/acad/calendar/index.shtml.

Who you make the appeal to depends on who made the decision you are unhappy with. The appeals process changed in 2004. For more information on the process, please contact the student advocate.

Appeals to a Dean
If you want to appeal decisions made by a Head of School, Head of Department, or an academic within a Department or School, you need to appeal to the relevant Faculty Dean, or for PhD or thesis matters, to the Dean of Postgraduate Studies. Your appeal letter needs to be addressed to the relevant College Academic Manager.

Your appeal letter needs to be written very carefully. You need to specify the grounds of your appeal in detail, and you need to make it within fourteen days of receiving notification of the original decision you are unhappy with. Late appeals will only be considered in exceptional cases. If you are making a late appeal, be sure to state the reasons for lateness. The Academic Manager will send your appeal letter to the relevant HOD/School for written comment. The appeal and HOD/School comments will then be sent to the relevant Dean to make a decision. The Dean may want to find out more information from you or the relevant department/school.

The outcome of the decision will be sent in writing by the Academic Manager as soon as it is practicable. The letter you get telling you about the decision also needs to inform you that you can appeal the decision; that if you do choose to appeal it that you need to do so within fourteen days of receiving the notification of the appeal; and that the appeal needs to be lodged with the Secretary of the Academic Administration Committee's Appeal Committee.

Appeals to the Academic Administration Committee Appeals Committee
If you want to appeal decisions made by Faculties, Deans, Academic Managers, Pro-Vice-Chancellors or University Officers, you need to make them to the Academic Administration Committee's Appeals Committee. Your appeal letter needs to be addressed to the AAC Appeals Committee Secretary.

The Academic Administration Committee (AAC) is effectively a sub-committee of the Academic Board. In turn, the AAC Appeals Committee is effectively a sub-committee of the AAC. The Appeals Committee deals with any appeals made by students to the AAC (see appeals process overview). For an appeal to be heard at this level (i.e. by the Academic Board) the issue that you have needs to involve a breach of the regulations in the University of Canterbury Calendar (if you are unsure please come and talk with us and we will advise you accordingly).

Appeals must be made in writing outlining the grounds of your appeal in detail. Typically appeals need to be made within 14 days of receiving notification of the decision having been made that you disagree with. Late appeals are considered only in exceptional cases.

The letter of appeal that you write may well be one of the most important 'written' pieces of work that you undertake at university. You should put as much time and effort into this letter as you would for some small assignments. It is imperative that you put together a well structured, succinct yet detailed, easy-to-follow argument backed up with some degree of evidence to support your case. The letter must specify the grounds of the appeal in detail. If you lack any real evidence per se and your claims are based around 'hear say' - then you need to develop a very strong argument indeed. The reasons for this are many and varied, but the primary ones revolve around the following points:

1. The department that you have an issue with will get a copy of the letter and will look to challenge what you have said in it.

2. What you write in the letter is what your case is based on, as you cannot introduce any new information in the context of an AAC hearing.

What Happens to My Letter?
The AAC Appeals Committee Secretary will forward your letter to the person who made the original decision you are unhappy with, and request a written response. In some cases the Head of Department or School may also be asked for a written response. The Committee will then either make a decision about the appeal (based on the written material alone), or decide to give you and the person who made the original decision a chance to speak to the Committee at a hearing.

If you decide to speak at a hearing the Secretary will send you any written material submitted to the Appeals Commmittee, including any statement made by the HOD, Dean, Academic Manager or Pro-Vice-Chancellor. The Secretary will also send any statement made by you to the person who made the original decision. It is important to note that under the Official Information Act 1982 and the Privacy Act 1993 that you have the right to request access to any and all information that the department holds on you including what they have prepared to be put before the AAC. However, the Appeals Committee also has recourse to the Official Information and Privacy Acts and in some instances where there is good reason to withhold information, will do so. There is the provision for additional written information to be sent to the AAC provided it is received three working days before the meeting for it to be circulated to all the parties involved.

What Happens When I Attend in Person?
If you choose to go to a hearing,  you can nominate someone to represent you, who may speak on your behalf. You also have the right to attend by yourself or to bring along a support person or whanau. A person there to support you does not have speaking rights.

The person who made the decision appealed against will be invited to state their case to the Committee. You, the person who made the decision you are appealing, or the Committee, may call witnesses to give evidence. If you want to call a witness, you need to advise the Secretary of the name of the witness at least one working day before the hearing.You will be asked to explain your case (either personally or via your representative), then the person whose decision is being appealed will be asked to respond. The Comittee can ask questions at any stage of the hearing, and both you and the person who made the decision being appealed against will be given the opportunity to ask questions of each other, or of witnesses.

Rather than reading your letter of appeal, it is accepted practice that you will challenge the department's refute of the statements that you made in your letter. It is not good practice to introduce new information that will take the department by surprise, as this is likely to be construed as unfair and could result in the hearing being adjourned to a later date (this is also the case for the other side in respect to you).

The Decision
The Secretary will be communicate the decision (and the reasons behind it) of the Committee to you in writing. If you are unsuccessful you will be advised of your right of appeal to the University Council. You also have the right to ask for a copy of the minutes from the relevant  part of the Committee meeting. The Secretary has the right to withold information protected by the Privacy Act 1993 and/or the Official Information Act 1982.