Legal challenges to university decisions affecting students in Australian courts and tribunals

In an era of increased accountability, decisions that adversely affect university students are more open to internal and judicial scrutiny. This article considers student challenges to university decisions in the context of universities as public bodies. It begins with extrajudicial processes such as the University Visitor, parliamentary Ombudsmen and internal university Ombudsmen. It then provides a comprehensive analysis of litigation in Australia between students and universities in which students have challenged decisions about admission, course content, assessment, academic progress and both academic and non-academic misconduct. Australian courts and tribunals have accepted jurisdiction in certain circumstances but student-university litigation has generally been unsuccessful for the students either on technical jurisdictional grounds or on the facts. Judicial consideration of university decisions and administrative processes has provided some guidance that may assist in the formulation of improved internal processes, particularly relating to the resolution of complaints and appeals. This article argues that the diverse range of courts and tribunals currently used by students are inappropriate and inefficient and considers whether the time is right for serious consideration to be given to the establishment of a dedicated dispute resolution body for the Australian higher education sector

Integrating Graduate Attributes with Assessment Criteria in Business Education Using an Online Assessment System

This paper describes a study of the integration of graduate attributes into Business education using an online system to facilitate the process. 'ReView' is a system that provides students with criteria-based tutor feedback on assessment tasks and also provides opportunities for online student self-assessment. Setup incorporates a process of 'review' whereby assessment criteria are grouped into graduate attribute categories and reworded to make explicit the qualities, knowledge and skills that are valued in student performance. Through this process, academics clarify and make explicit the alignment of assessment tasks to learning objectives and graduate attribute development across units and levels of a program of study. Its application in three undergraduate Business units was undertaken as a collaborative action research project to improve alignment of graduate attributes with assessment, identification of assessment criteria and feedback to students. This paper describes the use of Review and presents an analysis of post-ReView data that has institutional implications for improving assessment and self-assessment practices

Getting what they paid for: Consumer rights of students in higher education

Consumer rights of students in higher education: hot or not? Higher education institutions are increasingly viewed as service providers, and students are increasingly referred to as customers. This trend gives rise to questions as to the application of consumer protection laws in a university context. Recent judicial authority in Australia has arguably limited the public law rights of students in respect of universities. The way forward for aggrieved students now may be to take private law actions in contract and pursuant to consumer laws. There is evidence that suggests a use of consumer protection legislation beyond what was contemplated when this legislation was introduced. This paper will review recent developments in the case law in Australia and New Zealand and consider the effectiveness and appropriateness of consumer law as a means of redress for disgruntled university students. © 2006 2006 Taylor and Francis Group LLC

Doctoral Dreams Destroyed: Does Griffith University v Tang spell the end of judicial review of Australian University decisions?

Vivian Tang was excluded from her doctoral program at Griffith University on the basis of academic misconduct. Her academic dreams in that or in any other university were thus effectively curtailed as were her prospects of following a career in her chosen field. She sought judicial review of the universitys decision. Her application and its progress through the courts have recently brought into focus the justiciability of university decisions of an academic nature. The university unsuccessfully sought to have the action dismissed in both the Supreme Court of Queensland and the Court of Appeal. However, the High Court allowed the universitys appeal and by a 4-1 majority held that the student was not entitled to judicial review. Has this case effectively shut the gate on court intervention in university decisions affecting individual students? This article considers the nature of the relationship between Australian universities and their students and the desirability of the courts scrutiny in light of the High Court decision and judicial attitudes in comparative jurisdictions

Student Grievances and Discipline Matters Project

Since the mid 1990s, participation in Australian higher education has increased markedly. According to statistics published by the Commonwealth, the total number of students enrolled in Australian higher education institutions in 1995 was 604,176. That figure increased to 1,029,846 in 2007, an increase of about 70.5%.1 There has been much speculation about whether there has been a marked increase in complaints (including litigation). While our research reveals a marked increase in overall numbers of complaints (including litigation), commensurate with increases in student numbers since 1995, it is another thing to say that the rise in complaints is out of proportion to increases in student numbers. Indeed, our research findings were inconclusive (Jackson, Fleming, Kamvounias, & Varnham, 2009, Ch 3.2.6). Since the establishment of the Australian Universities Quality Agency in 2000, universities have had to turn their attention to irnprovements in the provision of quality teaching and learning. However, unlike developments in the United Kingdom, little attention has been paid to establishing any code, set of principles or guidelines in relation to the handling of student grievances and discipline matters. The project team is of the view that quality learning and teaching in universities should encompass quality in internal mechanisms for handling student complaints and appeals. To that end, the project team undertook research in this area during 2007 and 2008 to identify and scope some of the problems that arise in the way universities handle complaints and appeals, and to suggest ways in which mechanisms might be improved

In House or in Court? Legal Challenges to University Decisions

Every day, decisions are made in universities that affect students. When a decision adversely affects a particular student, what means of redress does that student have? The circumstances in which a student has a legal claim against their university are generally unclear. Courts have traditionally tended to draw a distinction between `purely academic' decisions and disciplinary decisions. There has been reluctance on the part of courts to intervene in non-disciplinary decisions which involve academic judgment, for example, the grade to be given to a student's work. On the other hand, where the decisions are purely disciplinary, for example, in relation to a student's behaviour towards others or towards university property, the courts have made it clear that there is essentially no difference between this and disciplinary matters within any other public institution or organization. However, disciplinary decisions that are connected with allegations of academic misconduct, for example, cheating and/or plagiarism, have been more problematic for the courts. Historically, the debate was whether any such decision was justiciable in public law. Recently the question has also been whether an aggrieved student may succeed in a private law action against a university. The legal issues raised by university decisions affecting students have not yet been clearly resolved in all jurisdictions. Indeed, in some cases, judges have raised many more questions than they have answered. This article will review the framework for legal challenges to university decisions against a background of recent judicial attitudes in Australia, New Zealand, the UK and the US

Unfair, Unlawful or Just Unhappy? Issues Surrounding Complaints of Discrimination made by Students Against their Universities in Australia

Unfair treatment, discrimination or unsatisfactory results? Recent years have seen a Significant increase in complaints ofdiscrimination made to external bodies by students against Australian universities. Some complaints start and finish in specialist tribunals, others move to re-examination in the courts. Whatever course the actions take, they have many jactors in common. Overwhelmingly, the complaints are precipitated bya decision ofacademicjudgement. Almost universally, the students represent themselves while universities retain legal counsel. Frequently the tribunals concerned pay heed to the difficulties faced by a student in such a position, expressly recognising the possibility of a miscarriage ofjustice and stressing the need to ensure against this occurring. Invariably. while the members ofthe tribunal or thejudge may show sympathy for the student in his or her plight, they are not satisfied that there was unlawful discrimination. Almost always, the complaints are dismissed or the actions are unsuccessful

Student Complaint Handling and Disciplinary Processes in the 21st Century Australian University

Many university students at some time during their studies have a complaint or are the subject of disciplinary proceedings for academic misconduct. A course or assessment of a student's work may not measure up to expectations or a student may feel treated unfairly during a misconduct process. When this occurs, students may feel that their learning and engagement with the curriculum has been compromised. Inevitably, some students pursue their complaints, while others simply move on or, in more extreme cases, leave the system altogether. Conflicts with university faculties have been cited as one major reason why students leave graduate programmes in universities in the US.1 Aggrieved students are less likely to integrate and identify with the values and processes of the university.2 On the other hand, there are some students who are very aware of their rights and quite prepared to use internal and external mechanisms to exercise them