• Section 1 - Introduction / Background
• Section 2 - Basis for Appeal
• Section 3 - The Appeal Committee
• Section 4 - Committee Procedures
• Section 5 - Roles and Responsibilities

Section 1 - Introduction / Background

(1) This Procedure outlines that academic promotion decisions will be made by either an Executive Dean, Faculty Promotion Committee or Central Promotion Committee (collectively referred to as the “Academic Promotion Committee” in this Procedure).

(2) A decision by the Academic Promotion Committee not to approve a promotion to Academic Levels B- E may be subject to review by the Academic Promotion Appeal Committee (“the Appeal Committee”). The Appeal Committee does not have the authority to approve a promotion.

Section 2 - Basis for Appeal

(3) A staff member whose promotion has not been approved (the “Appellant’) may only appeal a decision of the Academic Promotion Committee on the grounds of:

1. a procedural irregularity where the Academic Promotion Committee has not followed the Academic Promotion Procedure. The irregularity must have impacted the Academic Promotion Committee's decision on the application; or
2. lack of procedural fairness, including bias.

Section 3 - The Appeal Committee

(4) The Appeal Committee will only have the power to determine whether the decision of the Academic Promotion Committee was flawed on the basis of the grounds above and only to the extent to which, in the Appeal Committee’s view, these grounds materially and adversely affected the outcome of the application for promotion to Academic Levels B, C, D or E.

(5) It is not a procedural irregularity that the Academic Promotion Committee did not keep a verbatim record of their discussions. It is sufficient that the Academic Promotion Committee record its membership, the voting procedures followed, the vote taken, its conclusions and the reasons for reaching its conclusions.

(6) The Appeal Committee will operate in accordance with the established procedures outlined in Section 4 and make a report to the Vice-Chancellor and President on whether, in their view:

1. the grounds of appeal were not substantiated, and the appeal should be dismissed; or
2. the grounds of the appeal were substantiated; however, they did not materially or adversely affect the decision and the appeal should be dismissed; or
3. the grounds of appeal were substantiated, and they did materially and adversely affect the decision. The appeal is upheld.

(7) Where an appeal is upheld, the Vice-Chancellor and President will refer the matter back to a reconstituted Academic Promotion Committee for reconsideration.

(8) Membership of an Appeal Committee will comprise:

1. Chair: Executive or Executive Dean nominated by the Vice-Chancellor and President (who was not on the Academic Promotion Committee that considered the Appellant’s promotion).
2. A Member of Academic Senate not involved in the Academic Promotion Committee for that year.
3. Two (2) professors nominated by the Vice-Chancellor and President from the promotion pool (who were not on the Academic Promotion Committee that considered the Appellant’s promotion).
4. A staff representative nominated by the NTEU. The University will ensure the representative nominated has no conflict of interest and was not on the Academic Promotion Committee the considered the Appellant’s promotion application.
5. An EEO Observer (non-voting member).
6. A Committee Secretary from the People and Culture Division (non-voting member).

(9) In choosing the academic staff members and chairperson, consideration will be given to ensuring a mix of genders and diversity, where possible.

(10) All Appeal Committee members are required to have completed Academic Promotion Committee and unconscious bias training.

(11) The University will ensure no Appeal Committee member has a conflict of interest.

Section 4 - Committee Procedures

(12) An appeal must be lodged in full, setting out the precise grounds for the appeal and all supporting evidence, within 15 working days of the Academic Promotion Committee advising the Appellant in writing of their decision and the reasons for that decision. This decision will be supplied to the unsuccessful applicant as soon as possible, with a notification period no longer than seven (7) working days.

(13) Appellants should forward their appeal to the Director, Culture, Capability and Belonging.

(14) The Appeal Committee will be provided with copies of all documentation relevant to the decision appealed against, including:

1. the original application for promotion;
2. the procedures followed by any Academic Promotion Committee in considering the application, including the relevant meeting record;
3. such other records of the proceedings of the relevant Academic Promotion Committee as they relate to the decision appealed against; and
4. the written advice from the People and Culture Division in accordance with the Delegations of Authority Policy, informing the applicant of the Academic Promotion Committee's decision and the reasons for that decision;
5. the Appellant's appeal, together with all supporting evidence.

(15) The Appeal Committee must attempt to interview the Appellant. The Appellant will be entitled to have a member of academic staff of the University accompany them at the interview. That person will be entitled to be present only during the interview and may provide support and give advice to the Appellant, but shall not address, be heard by or debate before the Committee, nor make any recordings of the proceedings.

(16) The Appeal Committee may, although it is not required to, interview any or all of the following concerning the procedures used:

1. the Chairperson of the Academic Promotion Committee, as applicable;
2. any other member of the Academic Promotion Committee, as applicable; or
3. any other relevant person or persons whom it may choose.

(17) It is the responsibility of the Appellant to seek verbal feedback from the Chair of the Academic Promotion Committee as to why their application was unsuccessful, prior to the submission of an appeal application.

(18) The Appellant is required to declare that they have read and understood the Academic Promotion Procedures (as applicable) and whether they have attended promotion training (as applicable).

(19) A two thirds majority (or the next highest whole number) must vote in favour for the appeal to be upheld. The Appeal Committee will provide a detailed report to the Vice-Chancellor and President on its deliberations, including:

1. its assessment of the validity of each ground of appeal lodged by the appellant;
2. its findings on the validity of each ground of appeal;
3. its detailed recommendations for addressing any failures on the part of the original process; and
4. in the event of a non-unanimous decision, a minority report may also be supplied.

(20) Appeals Timeframe:

1. Appeals will only be considered after the close of the timeframe to submit an appeal for the annual academic promotion round (see clause 12).
2. All appeals will be reviewed by a single Appeal Committee.
3. The Appeal Committee will be formed within 20 working days of the close of the appeal period.
4. The Appellant is to be informed of the Academic Promotion Appeal Committee outcome within 14 working days.

(21) Application for an extension, as a result of exceptional circumstances, to the timeframes outlined in this procedure can be made to the Vice-Chancellor and President.

(22) The Vice-Chancellor and President will inform the Appellant in writing of the outcome of the appeal.

(23) Appeal decisions are final. If the appeal is dismissed, the Appellant shall have no further rights of appeal against the original academic promotion decision or the appeal decision.

(24) If the appeal is upheld, the academic promotion application, in its original form, will be referred for consideration by a reconstituted Faculty Promotion Committee (Level B-C) or by a reconstituted Central Promotion Committee (Level D-E). No more than one third of the reconstituted Academic Promotion Committee should be drawn from the original Academic Promotion Committee. Any reconstituted Academic Promotion Committee is bound to follow the Academic Promotion Procedure.

Section 5 - Roles and Responsibilities

(25) Roles and responsibilities are as detailed in this Procedure.