HDR Termination of Candidature Procedures (Including Non Confirmation of Candidature)
Parent Policy
HDR Termination of Candidature Policy (Including Non Confirmation of Candidature)
Recommendation for termination in cases of unsatisfactory progress or non compliance
These procedures relate to action following a recommendation for termination which might occur either in cases of unsatisfactory progress or non compliance with the university's procedures or regulations relevant to the candidate's work.
Responsibility
Dean/Dean’s nominee
Chair of the Research Graduate School Committee (or nominee)
Senior Officer of the Monash Research Graduate School Committee
Initiation of recommendation to terminate
A recommendation to the Research Graduate School Committee from the dean (or dean’s nominee) should only occur where due process had been followed at academic department/unit/faculty level and the candidate concerned had been permitted to present his/her case in an appropriate forum.
Due process is considered by the committee to include the following:
- After consultation with the supervisor and candidate, the dean (or nominee) after being advised by the head of department of the academic unit, will issue an initial warning letter which would indicate that the department intends to proceed with a recommendation for termination unless, within a specified time, certain written requirements are met. A copy of the letter should be sent to the supervisor and a representative of the faculty graduate studies committee (or equivalent).
- This communication should be followed by a meeting between candidate, supervisor, dean (or nominee) together with a representative of the faculty graduate studies committee (or equivalent) to confirm the exact nature of the tasks and targets to be completed satisfactorily by the candidate within the agreed timeframe. In the event of non compliance or partial compliance by the candidate, the dean (or nominee) will notify the candidate in writing that the department/faculty will be recommending termination to the Research Graduate School Committee and that the candidate will have the right to submit, within a specified time, a written statement to that committee that he/she wishes to be heard in relation to the recommendation to terminate.
- Copies of these letters and supporting documentation will be placed on relevant faculty and central files. It is the responsibility of the department/faculty to make a documented case for termination for consideration and endorsement by the dean 9or nominee), prior to transmission to the Research Graduate School Committee.
Responsibility
Dean/Dean’s nominee
Research Graduate School Committee Termination Sub Committee and the candidate’s right to be heard
Following receipt of a termination recommendation from the department/faculty, through the dean (or nominee) the Research Graduate School Committee will notify the candidate in writing by registered mail of the departmental/faculty recommendation, and advise of the right to be heard before a Research Graduate School Committee Termination Sub Committee. The candidate will be given 14 days to notify in writing the Manager of the Monash Research Graduate School of his/her wish to be heard in relation to the recommendation to terminate.
If the committee does not hear from the candidate then it will make the recommendation to terminate the candidature.
Should the candidate wish to be heard, the committee would convene a Termination Sub Committee to hear the candidate’s submission in confidence. Membership would comprise:
- the Chair of the Research Graduate School Committee (or nominee);
- the Associate Dean (Research Degrees) or equivalent, or nominee from the candidate’s faculty, not being the person who as representative of the faculty graduate studies committee, met earlier with candidate, supervisor and head to confirm exact nature of tasks and targets to be completed;
- a departmental representative (but not the supervisor or head);
- a representative of the Research Graduate School Committee not being a student member;
- a research student representative from another faculty, not being a member of the Research Graduate School Committee; and
- additional co-opted members such as a member of the Faculty of Law, as required or as appropriate.
In determining membership of the Termination Sub Committee, university policies regarding gender balance and the avoidance of any potential conflict of interest, must be maintained.
In the event of a member or members being unable to attend the scheduled meeting, a minimum of four members of the Termination Sub Committee shall hear the case.
Candidature (but normally not scholarship) shall continue while the candidate exercises his/her right to be heard and a determination is made by the Research Graduate School Committee.
Responsibility
Chair of the Research Graduate School Committee (or nominee)
Convening of panel- initial steps
Following the candidate’s notification of the intention to be heard, and within a reasonable time frame, he or she shall be informed by a registered letter of the following:
- The manager has received notification of the candidate’s intention to be heard in relation to the departmental/faculty recommendation to terminate candidature.
- The candidate has the right to be heard personally or by way of a written submission, or by both means. Within 14 days of the date of the registered letter the candidate should advise the Manager of the Monash Research Graduate School how he or she wishes to be heard. Should the candidate wish to make a written submission, he or she will be advised of a possible structure for the written submission (eg executive summary, detailed chronology, possible solutions). Whether choosing a written or oral presentation (or both), the candidate will also be advised of appropriate support services available (eg Monash Postgraduate Association, Student Rights Officer, Community Services).
- The candidate has the right to be accompanied by another non legally qualified person. If the student wishes to be accompanied by a legally qualified person, he or she must first seek the permission of the Research Graduate School Committee. This request must be lodged within 14 days of the date of the registered letter. Should the candidate’s request that he or she be accompanied by a legally qualified person be approved, the Research Graduate School Committee will normally arrange for a legally trained person representing the university, to attend the appeal meeting. If the student wishes to be accompanied by a non legally qualified person, his or her intention to do so should also be notified to the committee.
- The candidate shall be notified of the proposed membership of the Termination Sub Committee and shall be informed of his or her right to veto up to two members of the sub committee as originally proposed. This right of veto must be exercised by the candidate within 14 days of the date of the registered letter.
- Should the candidate decide to withdraw from candidature after the Termination Sub Committee has submitted its recommendation to the Research Graduate School Committee, that committee will deal with each matter in the order in which they are received.
A copy of the termination regulations and guidelines will be enclosed in the letter.
Responsibility
Senior Officer of the Monash Research Graduate School Committee
Final preparations for the panel to meet and to make a determination
As soon as possible after receipt of the candidate’s response to the letter and normally within 14 days, a further letter shall be sent to the candidate. The letter shall contain the following information:
· The candidate shall be informed of the proposed time and date of the sub committee meeting.
· The membership of the sub committee shall be confirmed.
· The candidate shall be informed whether the request for a legally qualified person to accompany him or her to the Termination Sub Committee has been approved.
The candidate will be forwarded a copy of the agenda and agenda papers for the Termination Sub Committee meeting at least five (5) days prior to the meeting. An indication of time limits for presentation by either parties or parties shall be included. Should any subsequent documentation be submitted by the candidate or others, this additional material must be forwarded to the candidate and other relevant persons at least two (2) days prior to the meeting. The chair of the MRGS Termination Sub Committee shall be given guidelines on how to run these proceedings.
Responsibility
Senior Officer of the Monash Research Graduate School Committee
Recommendation of panel
The Termination Sub Committee shall make a recommendation to the Research Graduate School Committee and, having considered the case, the Research Graduate School Committee shall make a final decision and advise the student accordingly.
Where there may be a significant delay between the Termination Sub Committee’s advice to the Research Graduate School Committee and the final determination by that committee, the candidate will be advised of the recommendation the Termination Sub Committee will make to the Research Graduate School Committee. The candidate will be notified in writing by registered mail of the committee’s final decision within seven (7) days of the Research Graduate School Committee meeting.
Responsibility
Chair of the Research Graduate School Committee (or nominee)
Order of hearings
Matters are normally heard in the order in which they are received.
Procedures are designed to prevent a candidate who is scheduled for a termination hearing or a research misconduct hearing from making a complaint of academic grievance in order to delay the former hearing.
However, it is likely that the issues raised in relation to the grievance will also be presented as part of the student exercising his/her right to be heard in relation to the recommendation to terminate. If the two overlap, it is appropriate for the Research Graduate School Committee Termination Sub Committee to consider the issues concerned as part of the Termination Sub Committee hearing. In such cases, a grievance would not be subsequently considered unless it was based on issues that could not have been covered by the Research Graduate School Termination Sub Committee.
A written record of any termination proceedings must be retained in the university’s central Records Management Office for a minimum period after the last action date regarding the matter, in accordance with the university policy on disposal of records.
In the event that the Research Graduate School Committee decides to terminate candidature, the candidate will normally not be readmitted within four (4) years of the termination date. The Research Graduate school Committee will only approve re-admission following this exclusion period where suitable facilities and effective supervision are available to support the candidate and where the committee is satisfied that the candidate is now in a position to undertake research towards a successful thesis completion. The committee may request certification by a registered medical practitioner that a former candidate is now in a position to resume candidature.
Responsibility
Chair of the Research Graduate School Committee (or nominee)
Non-confirmation of candidature resulting in termination of candidature.
These procedures relate to action following a recommendation for non-confirmation of candidature which if upheld results in a termination of candidature.
Responsibility
Chair of the Research Graduate School Committee (or nominee)
Senior Officer of the Monash Research Graduate School Committee
Convenor of RGSC Non-Confirmation Appeal Sub Committee
Failure to meet confirmation requirements
Where a probationary candidate does not meet the requirements for confirmation of candidature, the relevant faculty should make a recommendation for non confirmation of candidature to the Research Graduate School Committee. This recommendation should be accompanied by the Review Panel report, which identifies the tasks or targets that were set for the student for confirmation of candidature and the outcomes of the student’s attempts to meet them.
After reviewing the faculty’s recommendation and the Review Panel report provided, the Research Graduate School Committee will decide whether or not confirmation of candidature should be denied. The student will be notified accordingly.
Once the student has been notified that he/she has been excluded under regulation 7.2.2 (non confirmation of candidature), he/she ceases to be an enrolled student and the academic department can withdraw supervision and other support. Short-term provision of a range of university facilities, for example email access, may be considered on a case by case basis should a student lodge an appeal.
The student must be notified of his/her right to appeal and of the appeal process, including his/her right to be heard personally, or by way of a written submission, or by both oral and written submission. The student should also be advised that they can be accompanied to the appeal hearing by an adviser, not being a legally qualified person, and that support services are available through the Monash Postgraduate Association.
The student must notify the Monash Research Graduate School in writing, within 14 days of notification of non confirmation, of his/her intention to lodge an appeal and whether the student wishes to be accompanied by a non legally qualified person, and if so, by whom. The grounds for appeal must be stipulated at this stage and the student will be required to specify any members of staff that he/she does not want included on the RGSC Non Confirmation Appeal Sub Committee. The Director, Monash Research Graduate School/Chair of the Research Graduate School Committee, may dismiss an appeal if he/she considers the grounds of appeal to be frivolous, vexatious, misconceived or lacking in substance.
Responsibility
Chair of the Research Graduate School Committee (or nominee)
Senior Officer of the Monash Research Graduate School
RGSC Non Confirmation appeal Sub Committee
Should an appeal be lodged, the RGSC Non Confirmation Appeal Sub Committee will consider the case at its next scheduled meeting. The RGSC Non Confirmation Appeal Sub Committee is a standing committee of the Research Graduate School Committee. It shall be a Sub Committee convened to hear all appeals against a recommendation not to confirm candidature. A meeting will be scheduled once a month, normally two weeks before the meeting of the full committee in the following month. Members of the Research Graduate School Committee will be nominated as permanent members of this standing committee and shall be drawn from the faculty and student membership of the RGSC. A Sub Committee of a minimum of three members shall be drawn from this membership, to consider any one case.
Any perceived conflicts of interest related to the membership of the particular RGSC Non Confirmation Appeal Sub Committee should be reported to the Convenor of the Sub Committee, who shall make a final determination in this matter. For example, a member of the student’s faculty/department or other person involved in the candidature to date, would not be selected to hear the particular case. In determining the membership of any particular RGSC Non Confirmation Appeal Committee, gender balance will be taken into account. A student will not have a right to veto membership of the committee. However, when the student advises of an intention to appeal, he/she will be asked to name any person whom he/she does not want to hear the case. (see section 4 above)
The Sub Committee has the authority to take written submissions from, or hear from other persons, as appropriate. The appeal process should be finalised within 30 days of notification of appeal against non confirmation of candidature.
Responsibility
Convenor of RGSC Non-Confirmation Appeal Sub Committee
Recommendation of Research Graduate School Committee Non confirmation Appeal Sub Committee
After hearing the candidate’s appeal, the Sub Committee must advise the Research Graduate School Committee at its next monthly meeting of its recommendation to either:
- *uphold the original decision not to confirm candidature;
- *grant the student a further extension of probation of up to 3 months; or
- *confirm candidature.
After considering the advice of the Sub Committee, the Research Graduate School Committee will make a final determination.
Should the appeal be upheld, or the student granted a further period of probationary candidature, the student’s candidature would be reinstated and the relevant academic department and faculty would have to make suitable arrangements to support the student’s candidature. At the end of any further period of probationary candidature granted, the Sub Committee, augmented by representation from the Faculty Review Panel, will make a final decision as to whether candidature may proceed.
Responsibility
Convenor of RGSC Non-Confirmation Appeal Sub Committee
Relationship between appeal, complaints and grievance and non-confirmation of candidature
University guidelines require that hearings should occur in the order in which they are raised. The commencement of non confirmation procedures can now be said to commence from the notification in writing from the faculty/academic unit to the RGSC of the recommendation not to confirm.
This protocol is designed to prevent a student who is scheduled for non confirmation from making a complaint of academic grievance in order to delay the non confirmation.
Should the student lodge an academic grievance while the non confirmation of candidature process is underway, it is likely that the issues raised in relation to the grievance will also be presented as part of the student appeal. If the two overlap, the convenor of the Non Confirmation Appeal Sub Committee will determine if it is appropriate for the sub committee to consider the grievance issues concerned as part of the student appeal against non confirmation of candidature.
In such cases, a grievance would not be subsequently considered, unless it was based on issues that could not have been covered by the RGSC Non Confirmation Appeal Sub Committee. For example, should the candidate lodge a grievance on procedural grounds, relating to the appeal process, the RGSC would have to consider whether this grievance should proceed when considering the recommendations of the Non Confirmation Appeal Sub Committee.
Responsibility
Chair of the Research Graduate School Committee (or nominee)
Contact Person: Policy Mrgs
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