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Unfair, Unlawful, or Just Unhappy: Issues Surrounding Complaints of Discrimination Made by Students against their Universities in Australia

Varnham, S., Kamvounias, P.,

Academic Literature

2009

Recent years have seen a significant increase in complaints of discrimination made to external bodies by students against Australian universities, many of which are pursued by students following university decisions relating to their doctoral candidature. Some complaints start and finish in specialist tribunals, others move to re- examination in the courts. Overwhelmingly, the complaints are precipitated by a decision of academic judgement. 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 of justice and stressing the need to ensure against this occurring. Invariably; while the members of the tribunal or the judge may show sympathy for the student in his or her plight, they are not satisfied that there was unlawful discrimination. This article examines a sample of these complaints.

Publication information

Journal/Publication : International Journal of Law and Education

Location : Australasia

Domain/s: Education, Safety and security

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