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Policy changes and information handbook
    		  

    Doctoral and MPhil Handbook

    Policy changes

    Guidelines for Convenors of Advisory Panels / Sub Committees for Grievance, Appeals, Termination of Candidature and Discipline Hearings (Chapter 8.4)

    Revised policy approved by Research Graduate School Committee at Meeting 4/2005 (6 May 2005).

    New policy

    It is the role of the convenor of the advisory panel/sub committee considering a candidature case to ensure that the process is fair and takes into account issues of procedural fairness.

     Procedural fairness consists of three broad principles:

    • The right to have notice of the case to answer prior to the hearing and in a reasonable time to prepare a defence;
    • The right to be heard in answer to the charges;
    • The panel or committee to hear the case and to act in good faith. This includes freedom from bias and an openness to evidence placed before it.

    The convenor should ensure that the advisory panel/sub committee has sufficient information from all involved parties to make a clear and informed decision on the basis of the information submitted to it. It is also important that there is consistency in process from one advisory panel/sub committee to the next.  

    Where it is appropriate to give a candidate the opportunity to improve his/her performance or behaviour within reasonable time frames, this should be reflected in the report. Should the matters in contention be proven, the consequence should be commensurate with the matter proved (ie does the punishment fit the crime?)

    Strict confidentiality must be maintained throughout.

    With this in mind the following guidelines for convenors have been established.

    8.4.1 Timeline

    The convenor should establish an acceptable timeline for resolution of the case. While a case is pending, the matters under consideration may be causing significant delays to the candidate's research. It is in everyone's best interests to ensure a timely consideration of the concerns raised by the candidate. All interested parties should be kept informed of developments and notified if there are going to be any significant delays to the process.

    A grievance or appeal may only be dismissed prior to a hearing if the chairman of the Research Graduate School Committee has determined that the grievance is frivolous and/or vexatious, in which case the candidate shall be so informed by the chairman. The candidate may also withdraw his/her request to be heard prior to the meeting of the advisory panel/sub committee.

    8.4.2 Meeting date and time

    The Monash Research Graduate School will arrange a time for the hearing when advisory panel/sub committee members are available to meet. Given the importance of the hearing to the continuation of candidature, it is expected that the candidate will make every effort to be available at the proposed meeting time. If there are extenuating circumstances, the candidate may lodge a request for a reasonable deferral of the meeting date. Requests for deferral will be considered on a case by case basis. In normal circumstances, and provided the members of the advisory panel/sub committee are available, this deferral should be no more than two weeks. Only in exceptional circumstances would a second deferral be considered.

    8.4.3 Format for the hearing

    The convenor, in consultation with MRGS staff, should establish an appropriate format for the grievance/appeal hearing, ensuring that both the candidate and the department/faculty have an opportunity to present their case in a fair and non-threatening environment. Appropriate time frames should be negotiated for all parties to present their case/s. The candidate, the department/faculty representatives and advisory panel/sub committee members should be advised of the format and proposed time frames by way of a formal agenda. All documents relating to the hearing should be provided with the agenda, at least seven days prior to the hearing. It is the candidate's responsibility to provide copies of the agenda and documentation to a person who is to accompany him/her. The suggested format includes: 

    • Initial discussion of the advisory panel/sub committee. The convenor should brief advisory panel/sub committee members of the format and invite them to ask questions of the candidate/candidate's representative and department/faculty representatives should they require clarification at any time during the meeting. Department/faculty representatives must not be invited to attend the initial discussions of the advisory panel/sub committee.

    • Invite candidate/candidate's  adviser and department/faculty representatives to join the hearing. The convenor should explain the standard of proof required to satisfy the advisory panel/sub committee before a decision will be made.The convenor should ensure that all questions from the candidate and department/faculty representatives are addressed through the convenor. Neither party should directly address their comments or questions to the other party and should be advised accordingly at the commencement of proceedings.

    • The candidate, if he or she chooses to be in attendance, should be invited to present his/her case and answer questions from the advisory panel/sub committee members. The department/faculty representatives have a right to be present.

    • Department/faculty representatives should then be invited to present their case, respond to matters raised by the candidate, and answer questions from the advisory panel/sub committee members. The candidate/candidate's adviser has a right to be present.

    • The candidate should be invited to respond to any issues raised by the department/faculty representatives. The department/faculty representatives have a right to be present.
      The advisory panel/sub committee should then meet in camera to consider the evidence presented and make concrete recommendations with regard to the candidate's hearing, within specified timelines, as appropriate.

    8.4.4 Departmental/faculty representation

    The convenor should determine those people best placed to provide evidence to the advisory panel/sub committee and answer questions in relation to the candidate's case. The convenor should then instruct MRGS staff to contact the department/faculty and request the appropriate representatives to attend the hearing.

    8.4.5 Documentation of proceedings

    MRGS staff will take comprehensive notes of the proceedings, which will be available to the advisory panel/sub committee members. These are working notes for the advisory panel/sub committee and will not be made available to the candidate/candidate's adviser or department/faculty representatives. The convenor will be responsible for providing a final report which will summarise the proceedings and document the advisory panel/sub committee's findings. This report will be made available to the student and the department/faculty representatives, once it has been ratified by the Research Graduate School Committee. The decision of that committee shall be final.

    8.4.6 Follow up meetings

    There will be circumstances where the advisory panel/sub committee may need to reconvene. Perhaps further information is needed, or additional people need to be contacted for their advice. The convenor may feel that the candidate is not in a position to continue at the initial meeting, or all could benefit from a ‘time-out'. In these circumstances it is better to draw the hearing to a close and reconvene at another time.

    8.4.7 Matters that fall outside the responsibility of the advisory panel/sub committee

    There may be issues raised during the hearing that clearly fall outside the area of responsibility of the panel hearing the case. In those circumstances, the convenor may refer such matters onto the appropriate person/committee for investigation. 

    8.4.8 The role of the candidate's adviser

    In most cases the candidate will bring someone with them to the hearing. This will often be a representative from the Monash Postgraduate Association, but it may be a partner or friend. This should not be a legally qualified person, unless prior approval has been granted for the candidate to bring someone with him/her who is legally qualified.

    The role of the candidate's adviser is primarily to provide support in a situation which most candidates will find daunting. The adviser should not act as an advocate for the candidate and should not be permitted to present the candidate's case on his/her behalf. However, if invited to do so by the convenor, the adviser is able to prompt the candidate, where they feel further information should be provided and could clarify points raised by the candidate.

    8.4.9 Outcome of Proceedings

    The convenor of the advisory panel/sub committee will have responsibility, in consultation with MRGS staff, for ensuring that all appropriate action is taken in response to the findings of the advisory panel/sub committee.

    These guidelines should be read in conjunction with the Research Graduate School Committee's academic grievance and termination policies and procedures for doctoral and MPhil candidates.