ELICOS and International Foundation Program: International Procedure

Document Number	000851
Date Approved	30 April 2008

1.      Context

This procedure supports the  Commonwealth legislative requirements regarding  attendance of international students in English Language Intensive Courses and International Foundation Courses. The University is legally obliged to impose those requirements, and international students must comply with the requirements in order to retain their enrolment and student visa.

To ensure that students and staff understand their responsibilities in relation to these requirements and the consequences of poor attendance, this procedure: (i) outlines the steps the University will take to monitor and report attendance; and (ii) indicates the appeals process available to students whose attendance has been identified as unsatisfactory.

 

 

2.      Definitions

      In the context of this document:

 

eCOE means electronic confirmation of enrolment issued through the Australian Government’s Department of Education, Employment and Workplace Relations (DEEWR) system, PRISMS by authorised officers of the University. The eCOE is required under Commonwealth Legislation for the Student Visa;

 

ELICOS means English Language Intensive Courses for Overseas Students;

ESOS means Education Services for Overseas Students Act 2000;

 

DEEWR means Australian Government’s Department of Education, Employment and Workplace Relations (DEEWR);

 

DIAC means the Australian Government’s Department of Immigration and Citizenship;

 

IF means the University’s International Foundation preparatory foundation program for international students;

 

National Code means the National Code of Practice for Registration Authorities and Providers of Education and Training to Overseas Students 2007; and

 

PRISMS means the Department of Education, Employment and Workplace Relations (DEEWR) system that records and maintains an accurate record of the enrolment status of overseas students.

3.      Attendance Requirements

 

3.1.     Under the provisions of the ESOS Act and the National Code, ELICOS and International Foundation students must, as a condition of their Student Visa, maintain a minimum rate of 80% attendance over their course of study. If attendance falls below 80% and it is clear that the student will not be able to reach 80% by the end of the course, the University is required to report the student to DIAC.

4.      Monitoring Attendance

 

4.1.     Notice on attendance requirements

ELICOS and IF students are to receive the Attendance Requirements Information Sheet together with an explanation of its importance from the Co-ordinator of their course, at the orientation meeting for new students.

4.2.     Recording of Attendance

 

i.               Rolls are marked every hour by the teacher.  If the student is absent from classes or lectures for any reason, he/she will be marked absent on the roll. 

 

ii.             If the student is late for class by more than 15 minutes, leaves the class more than fifteen minutes before the end of class, or is absent from the class for more than 15 minutes, he/she will be marked absent for that hour. 

iii.            Sick leave is counted as an absence. If the student submits a medical certificate, it will be copied and kept on the student’s file and the original returned to the student.

4.3.     Monitoring of Attendance records

Each fortnight the students’ attendance records are reconciled and assessed for non-compliance by the ELICOS or IF Coordinator or their administrative staff. 

4.4.     Calculation of Attendance

ELICOS           

The 80% attendance requirement is measured over the duration of the student’s course.  For example, a student with a COE duration of 20 weeks of ELICOS tuition (i.e. 500 study hours based on 25 hours per week) has an 80% threshold of 400 hours, or an allowable number of hours of non-attendance of 100 hours.  If, prior to the completion of the 20 week enrolment, the student has had absences exceeding 100 hours he/she will not be able to meet the 80% attendance.

International Foundation (IF)

The 80% attendance requirement is measured over the duration of the IF student’s course. Hours of attendance will vary for IF students in different courses. Each student will therefore receive advice at the commencement of the course of the minimum hours of attendance required and the allowable number of hours of non-attendance.

 

4.5.     Attendance Certificate

 

Students who satisfy the minimum requirements for their course will be awarded an Attendance Certificate by the English Language and Foundation Studies Centre. This Certificate is essential should the student wish to extend their visa for further study.

 

5.      Identifying Students at Risk

 

5.1.     First Warning Letter

 

i.         When attendance falls below 90% of the duration of the student’s course, an early warning letter will be given to the student informing them of their current level of attendance and warning them that they are at risk of being reported for non-compliance should they continue to be absent.

ii.       The student must sign and date the file copy of the letter acknowledging its receipt.

5.2.     Final Warning Letter

 

i.         When attendance falls below 85% of the duration of the student’s course, a final warning letter will be given to the student by the Co-ordinator, ELICOS Programs or International Foundation Co-ordinator.

ii.       The student will be required to meet with the Co-ordinator to discuss their attendance. The Co-ordinator will emphasise the importance of complying with the University’s attendance requirements as well as DEEWR/DIAC regulations and the consequences of non-compliance. 

iii.      The student will sign and date the file copy of the warning letter acknowledging its receipt. 

iv.      Comments on the interview will be written by the Co-ordinator, on the file copy of the letter.

5.3.     Notification of Intention to Report

i.         When it is clear a student will not attain an 80% attendance rate by the end of his/her course, the student will receive written notification from the Language Centre or the IF Coordinator, of their intention to report the student to DEEWR/DIAC for unsatisfactory attendance.

ii.       A copy of this letter is to be placed on the student file and sent to the ESOS unit in Student Administration.

6.      Reporting and Appeals Procedure

 

i.         When a student receives notification from the Language Centre or IF of its intention to report the student’s unsatisfactory attendance, the student is informed that he/she has 20 working days to appeal to the English Language and Foundation Studies (ELFS) Appeals Committee against this decision.

ii.       During the appeals process the student should continue to attend classes.

 

iii.      Appeals must be made in writing to the Director, English Language and Foundation Studies Centre, and must include in one page or less:

a.       the reasons for the non-attendance (supported by documentary evidence);

b.       any additional attendances separate from their scheduled classes; and

c.       any additional information in support of their case. 

iv.      Students who are lodging an appeal can request to appear before the Appeals Committee. They may be accompanied by a companion. The companion may not speak unless invited to do so by the Chair of the Committee.

v.        The Appeals Committee will meet within 10 working days of the formal lodgement of the appeal. All reasonable measures will be taken to finalise the process as soon as practicable. 

vi.      The Language Centre Appeals Committee will comprise the following staff:

■         The Director, English Language and Foundation Studies Centre (Chair)

■         The Deputy-Director, English Language and Foundation Studies Centre

■         The Co-ordinator, ELICOS Programs.

 

vii.     The IF Appeals Committee will comprise:

■         The Director, English Language and Foundation Studies Centre (Chair)

■         The Deputy-Director, English Language and Foundation Studies Centre

■         The Co-ordinator, International Foundation.

viii.   The Committee will consider:

a.       whether the decision to report the student for unsatisfactory attendance was based on the correct procedures;

b.       any mitigating circumstances advanced by or on behalf of the student; and

c.       whether the appeal should be upheld or dismissed.

7.    Outcomes of the Appeals Procedure

7.1.     If the Committee determines that processes have not been appropriately followed, or that circumstances (eg extended illness) have prevented the student from attending, and if attendance has not fallen below the discretionary minimum allowed under Standard 11 of the National Code and the ESOS Act, it may uphold the appeal and not report the student’s non-attendance to DEEWR/DIAC.

7.2.     If the Committee determines that due process has been followed and that there are not mitigating circumstances, it will dismiss the appeal and arrange for the University to formally advise DEEWR/DIAC of the student’s non-compliance by writing to the ESOS team in Student Administration. The student will then be reported through PRISMS. The Committee will also advise the student of the other internal and external avenues of appeal.

 

7.3        Where the student has chosen not to access the appeals processes within the 20 working day period, or withdraws from the process, the ESOS unit in Student Administration will be notified and will arrange for formal advice to be sent to DEEWR through PRISMS that the student is not achieving satisfactory attendance.

 

8.     Final Appeal

 

8.1        If the student is not satisfied with the outcome or conduct of the ELFS appeals process, the student may submit a further appeal to the Student Progress Sub-Committee.

 

8.2        If hearing an appeal, the Student Progress Sub-Committee may only determine if the English Language Foundation Service has followed due process.

 

8.3        The Sub-Committee may confirm the decision made by the ELFS Appeals Committee or may refer the decision to the Deputy Vice-Chancellor (Academic), who will, in consultation with the Director, ELFS make the final decision.

 

8.4        Students have the right to refer their appeal to the NSW Ombudsman if they are dissatisfied with the final decision in relation to their attendance. Students are requested to notify the ESOS team in Student Administration if they are intending to access their right to appeal externally.

 

 

9.      Essential Supporting Documents

Education Services for Overseas Students (ESOS) Act 2000

National Code of Practice for Registration Authorities and Providers of Education and Training to Overseas Students 2007.

10.      Related Documents

Complaint Resolution - Policy 000745

Approval Authority	Academic Senate
Date Approved	30 April 2008
Date for Review	30 April 2011
Policy Contact Position	Director, English Language and Foundation Centre