Exclusion:
67. “Exclusion” means either: (a) the cancellation of a student’s enrolment at Massey University in a course, programme, or the University, when during that person’s enrolment it becomes evident that any of these Regulations apply; or (b) where a student seeks enrolment and any of the clauses in these Regulations apply, then exclusion means the refusal to enrol the person concerned in the course(s) or programme(s) or at this University as the case may be.
68. Exclusions can be applied as designated in these regulations and related policies and procedures in categories as follows:
(a) Exclusion: a student is not permitted to study either a course(s) or a qualification at the University for a designated period (normally 12 months to 3 years).
(b) Permanent qualification exclusion: a student may not study on a designated qualification but they may seek admission to another qualification.
(c) Permanent Exclusion: the person may not re-enrol to study at Massey University.
Re-Entry from Exclusion:
69. Where a student has been given a non-permanent qualification exclusion (as outlined in clause 68 (a):
(a) The student may apply for re-entry at the end of the designated exclusion period.
(b) Re-entry applications should be made no earlier than 4 months prior to the end of the designated exclusion period and no later than 1 month prior to the first enrolment period in which they are eligible, and in which they seek to re-enrol.
(c) Applications will not normally be accepted for re-entry timed to return into Summer School courses.
(d) Re-entry determinations will be managed by the Chair of the Academic Progress Committee.
(e) Re-entry applications will involve a submission by the student which may require evidence and an evaluation process.
(f) Re-entry determinations may result in re-entry being permitted, or re-entry being permitted with conditions, or re-entry being permitted with a requirement to change qualification, or of re-entry being refused.
70. Where a student has been given a determination of permanent course or qualification exclusion arising from the University Regulations, at the conclusion of any appeal process for that specific determination, the student shall have no right to seek re-entry to that specific course/ qualification or programme. The student may seek admission to other courses/ qualifications or programmes for which they have eligibility.
71. Where a student has been excluded on a non-permanent basis from a qualification they are expected to seek to re-enter within one academic year of the end of their exclusion period. If the student does not seek re-entry, the University may initiate a qualification withdrawal and in line with Conferment and Graduation Regulations (clause 114) and will issue any exit qualifications the student was eligible for (if any). The student may then later apply for new admission to the University after being given an exit qualification but that application shall be treated as a re-entry application (in line with clause 69).
72. Where a student has been excluded on a non-permanent basis from a qualification and they initiate a qualification withdrawal during the period of their exclusion, this shall not cancel the requirement for them to seek re-entry prior to return (in line with clause 69).
Refusal of Re-Entry:
73. Where a student asks to re-enter, a refusal to permit re-entry to a specific course/ qualification may be exercised:
(a) in line with the University’s general rights, at law, to refuse to enrol any person;
(b) where a student cannot, or will not, meet reasonable conditions for re-entry;
(c) where other University prescribed requirements apply (including (re)selection criteria in programmes with a limited number of places available);
(d) where there is an unresolved financial or disciplinary matter;
(e) if the student’s intended course or programme of study is no longer available;
(f) where the student’s intended course or programme of study has a specified professional body or accreditation requirement that the student will be unable to fulfil;
(g) where there is a reasonable basis for concern that the student’s or other person’s health and safety will be impacted by their re-entry
74. Re-entry refusal is not intended to be a permanent outcome. Routes to change courses or programmes; or the criteria required to enable re-entry, shall be outlined.
Right of Appeal:
75. Students will have the right to appeal the determinations of the Academic Progress Committee in relation to either:
(a) the refusal to permit re-entry from non-permanent exclusion at course, programme or qualification level;
(b) the imposition of specific conditions required to permit re-entry from non-permanent exclusion at course, programme or qualification levels.
76. Appeals outlined in clause 75 will only be considered valid where the student can show they have suffered, or will suffer, actual disadvantage, and where the student can demonstrate that:
(a) the determination was incorrect in relation to Massey regulations, policy or procedure
(b) new evidence that was not known or available at the time of the determination is now available and could affect the determination.
77. Appeals will be considered by the Provost or Nominee. Appeals must be made in writing within the timeframe and following the process designated by the Provost or Nominee. The Provost or Nominee will have the power to determine whether an appeal meets these validity rules and may decline any appeal that does not meet the validity criteria.