Policy - AAC01002

This policy ensures that learners have access to an appeal process that is timely, fair, effective, consistent and conducted in a manner that is culturally appropriate to the learner, following the principles of natural justice.

Appeal: A request to review a decision made by the Institution that is related to or impacts a learner.

Appellant: Learner who has submitted an appeal of any appealable decision, action, or omission made by the Institution.

Advocate: The person who assists the learner by being present and guiding them through the process. The role will normally include observing the process followed and/or advising the learner regarding the process and options. An advocate can be the Student Success Advisor, Learning Advisor, their nominee, or any person nominated by the learner.

Delegated authority: The Academic Director (or delegate) who exercises delegated authority to resolve academic appeals, complaints, and learner disciplinary matters not resolved at a lower level for each business division.

Institution: The Institution referred to in this policy is Future Skills Academy or Ashton Warner Academy.

1. This policy applies to any appealable decision, action, or omission made by the Institution in relation to the learner. Appealable decisions include:
   1. The outcome of an academic process and/or decisions involving assessment results, academic progression, impaired performance, aegrotat process or an academic integrity matter.
   2. The outcome of a non-academic complaint.
   3. The outcome of a learner breach of discipline decision.
2. An appeal must be lodged within seven (7) working days of the appellant being advised of an appealable decision. In exceptional circumstances, and with the approval of the delegated authority, an appeal may be received later than seven working days.
3. To make an academic appeal, one of the following grounds must be established (Appendix A):
   1. There is new information which has a bearing on the matter, and which was previously unavailable (and could not reasonably have been made available at the time the disputed decision was made); or
   2. There was a flaw in the process relating to the decision the learner seeks to appeal.
4. To make a non- academic appeal, one of the following grounds must be established (Appendix A):
   1. That the procedure used for the investigation or the resolution was unfair or biased; or
   2. That the decision of the investigator could not reasonably be sustained on the evidence; or
   3. That significant new evidence which was not previously available has become available since the investigation, which could have a material effect on the decision made or the penalty imposed; or
   4. That any disciplinary action/s taken is out of proportion to the nature of the breach of discipline and the full circumstances of the case.
5. In making an appeal, the learner should seek support from the Institution’s support teams or independent advocates for all steps in the process.
6. Applicants have the right to further appeal the delegated authority’s decision to the Chief Executive.
7. The decision of the Chief Executive is final. There is no further internal appeal process available.
8. Applicants have the right to refer the matter to an external organisation, such as the Human Rights Commission, the Ombudsman’s Office, Study Complaints or NZQA.

1. Learner submits an appeal, using the Notice of Appeal form (Appendix B), to the relevant staff member (Lecturer/Head of Department (HoD)/ Programme Head/Leader, Student Success) or directly to the delegated authority.
2. A staff member who receives an appeal forwards it to the delegated authority with any other evidence relevant to the case.
3. The delegated authority formally acknowledges receipt of the Notice of Appeal to the learner and any support person/s and/or advocate identified in the Notice of Appeal within three (3) working days.
4. Where the grounds for appeal have been satisfied, the delegated authority will provide advice on the next steps of the process. If the grounds for appeal have not been satisfied, the delegated authority may request further information or decline to investigate the appeal.
5. Appeals relating to academic matters are considered by the HoD/Programme Head or relevant academic committee, e.g. the assessment committee or an Appeals Panel to be convened by the delegated authority.
6. Appeals relating to non-academic matters or breaches of discipline are considered by the delegated authority or an Appeals Panel to be convened by the delegated authority.
7. The delegated authority informs the appellant and their support person/s and/or advocate, in writing, their decision within twenty (20) working days. They will also inform the appellant of their right to further appeals.
8. Preventative actions and opportunities for improvement identified through the appeals process shall be implemented and monitored by the delegated authority for effectiveness, and any immediate risk reported to the Chief Executive.
9. The delegated authority will keep a record of all appeal notifications and outcomes in the Appeals and Complaints Register and shall prepare and publish a summary report of the appeals at least annually to the Chief Executive of the relevant business division.
10. Rights to Further Appeal
    1. If an appellant wishes to further appeal the decision of an earlier appeal, they must apply in writing to the division’s Chief Executive within seven (7) working days of receiving the delegated authority’s decision. A copy of the decision and supporting evidence must be attached and submitted to the Chief Executive.
    2. The Chief Executive reviews the appeal and decides on the appropriate procedure to deal with the appeal, including whether to hold a hearing or not.
    3. The Chief Executive acknowledges receipt of the appeal and advises the appellant of the procedure and/or timeframe within five (5) working days of receiving the appeal from the appellant.
    4. If a hearing is required, it will be held as soon as is practicable, and the appellant has the right to attend, make submissions and be supported by a support person/s and/or advocate.
    5. The Chief Executive informs the appellant and their support person/s and/or advocate in writing of the decision as soon as is practicable. If a hearing is held, the decision will be released within five (5) working days of the hearing.
    6. The decision document informs the appellant of their right to refer the matter to an external organisation, such as the Human Rights Commission, the Ombudsman’s Office, Study Complaints or NZQA.

Approved policies and procedures are always intended to comply and conform with the current Ministry of Education, Tertiary Education Commission (TEC), New Zealand Qualifications Authority (NZQA,) and other external agency legislation requirements and procedures.

AAC01014 - Resolution of Learner Complaints Policy

AAC01015 - Learner Discipline Policy

(AAC01015-1) - Learner Rights and Responsibilities

Commerce Act 1986

Privacy Act 2020

Ombudsmen Act 1975

The Education (Pastoral Care of Tertiary and International Learners) Code of Practice 2021

Quality Assurance Rules (EER 2022)

Notice of Appeal Form