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Student Health Leave Procedure

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Section 1 - Purpose and Context

(1) The Student Health Leave Procedures operationalise the Student Health Leave Policy.

(2) These Procedures apply to all approved voluntary leave taken, or mandatory leave imposed, under the Student Health Leave Policy.

(3) The actions in these procedures can be carried out by a nominee, consistent with the role of a nominee as described in the Student Health Leave Policy.

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Section 2 - Definitions

(4) For the purposes of these Procedures, definitions that apply can be found in the Student Health Leave Policy and Policy DDS Glossary, in addition to the following:

BRROG means Behaviour Risk Review Operational Group
Condition means a requirement placed on a student by the Health Assessment Panel under these procedures or the Student Health Leave Policy
Dean means the Dean(s) of the School(s) in which the student is enrolled (or equivalent at a third party provider) or the Chief Executive Officer of Western Sydney University - The College (The College), and a reference to a Director, Learning and Teaching means the relevant Director, Learning and Teaching or equivalent
Disability Discrimination Laws means a reference to any one or more of the following:
Executive Director means the Director, Wellbeing Services, or another person nominated by the Deputy Vice-Chancellor, Education and Students.
Health Review Panel means the panel established to consider requests for review under these procedures or the Student Health Leave Policy.
Reinstatement means reinstatement of a student’s candidature or enrolment/registration following voluntary or mandatory health leave.
School means the relevant School of the University in which a student is enrolled and includes a Third Party provider or The College.

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Section 3 - Policy Statement

(5) See the Student Health Leave Policy.

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Section 4 - Procedures

Part A - Voluntary Health Leave

Eligibility and Application for Voluntary Health Leave

(6) Voluntary Health Leave is available to students as per the Student Health Leave Policy noting that:

students commencing in their first term of study may apply to defer their admission up until the census date of their first term of study under the conditions outlined in the Student Administration Policy - Admissions Procedure
after the census date in their first term of study, students may apply for Leave of Absence under the Student Administration Policy. Where Leave of Absence is not available, students with a health condition may apply for voluntary health leave
students who are registered in subjects and have experienced a serious and unavoidable disruption to their studies due to a health condition are encouraged to apply for support under the Special Consideration Policy
the maximum period of voluntary health leave is 12 months.

(7) Students’ applications for voluntary health leave must:

be made in writing to the Director, Wellbeing Services, and
be supported with all relevant information and documents including reports from the student’s treating medical or health practitioner(s) about the student’s health condition and current capacity to undertake and comply with the inherent requirements of the program, and
include written consent for the Director, Wellbeing Services to consult with, and obtain information and documents from, the relevant School about the student’s application, and
where relevant, provide written consent for the Director, Wellbeing Services to consult with, and obtain information and documents about the student (including personal or health information) from, other areas of the University (such as the University's Counselling Service or Disability Service) and from third parties (such as the student’s health care practitioner(s), and
include any other information subsequently requested by the Director, Wellbeing Services.

(8) In most cases, voluntary health leave applications must be submitted prior to the census date of the term in which leave is required.

(9) In exceptional cases, voluntary health leave may be granted after the census date. In these cases the student will be supported to apply for withdrawal without academic and financial penalty (refer to the Student Administration Policy) for any impacted subjects.

(10) Students who have transferred programs under the Student Administration Policy - Enrolment Procedure may apply for voluntary health leave from the first term of the program into which they have transferred.

(11) Students who have been placed on Conditional Enrolment may apply for voluntary health leave. When the student returns, they will continue under the Conditional Enrolment status for the relevant period.

(12) Students who are suspended or excluded from the University are not eligible for voluntary health leave. Refer to the Student Health Leave Policy for exceptions.

Impact on Progression Due to Voluntary Health Leave

(13) Approved periods of Health Leave are not included when calculating a student's progression in a program.

Consideration and Approval

(14) Following receipt of an application, the Director, Wellbeing Services will meet as soon as possible with the student to discuss the application and suitable arrangements for voluntary health leave if approved, including:

the duration of voluntary health leave
any additional information obtained from the relevant School about the student’s application
strategies to minimise any impact that taking voluntary health leave might have on the student’s progression
arrangements to remain in contact with the student throughout the duration of voluntary health leave
where appropriate, provide support to the student while on voluntary health leave and
arrangements to assist the student to return to their program at the end of the voluntary health leave.

The student may bring a support person to the meeting with the Executive Director.

(15) The Director, Wellbeing Services will consult with the relevant Dean or Director, Learning and Teaching about the student’s application, including any impact on the student’s progression.

(16) The Director, Wellbeing Services must notify the student in writing within in ten working days of the decision to approve or not approve the student’s application, and:

if not approved, provide a short summary of reasons why approval is not granted or
if approved, any terms and conditions of the approval, including:
1. when approved health leave begins and ends
2. requirements if the student wishes to shorten or extend the period of voluntary health leave, including any minimum period before the student can make such an application and
3. requirements regarding reinstatement when voluntary health leave ends.

(17) A copy of any voluntary health leave decision will be provided to the relevant Dean or Director, Learning and Teaching.

Enrolment After Voluntary Health Leave

(18) A student who resumes study after a period of voluntary health leave does so under the Program rules in force at the time of their leave or under the Program rules that are in force at the time of resumption of study, based on academic advice received.

(19) To resume studies, students must register in appropriate subjects by the advertised deadline for the upcoming term following the conclusion of their approved voluntary health leave.

(20) Students who wish to return to studies before their voluntary health leave ends must send a written request to the Director, Wellbeing Services providing evidence that they are fit to return to studies early.

(21) Student visa holders returning from voluntary health leave must contact Student Services Hub and obtain a new Confirmation of Enrolment (COE).

Students Who Do Not Return to Studies at the End of their Voluntary Health Leave

(22) All reasonable efforts will be made to contact a student who has not returned from their period of approved voluntary health leave.

(23) Students who have not returned within the specified timeframe, at the conclusion of their approved voluntary health leave, will be regarded as having abandoned their program.

(24) To return to their original program of study or to apply for admission to a different program of study, students must apply according to the normal application process. Refer to re-admission in the Student Administration Policy - Admissions Procedure.

Part B - Mandatory Student Health Leave

Reporting and Preliminary Steps

(25) Any person can report behaviours of concern of a student to the Director, Conduct and Investigations Office and should do so, in writing, as soon as possible and provide details. This includes referrals following a report of alleged student misconduct under the Student Misconduct Rule.

(26) The Director, Conduct and Investigations Office must make preliminary inquiries following a report, including consultation with other areas of the University (including with the Dean) and, following those preliminary inquiries, may do any one or more of the following:

decide that the behaviours of concern do not warrant any action
decide whether it would be appropriate to encourage the student to apply for voluntary health leave and, if so, contact the student to discuss an application
discuss the matter at BRROG for initial advice on which action may be appropriate
if satisfied that the behaviours of concern warrant consideration of placing the student on mandatory health leave, prepare a report for the Deputy Vice-Chancellor, Education and Students.

(27) When the Deputy Vice-Chancellor, Education and Students receives a mandatory health leave report they will consider the report and either:

if not satisfied that the behaviours of concern warrant referral to a Health Assessment Panel, refer it back to the Director, Conduct and Investigations Office to deal with as appropriate or
instruct the General Counsel and University Secretary to convene a Health Assessment Panel to determine whether the student should be placed on mandatory health leave and
consider whether the student should be suspended.

Health Assessment Panel

(28) A Health Assessment Panel must consist of three people and comprise:

two persons (who can be members of the University's staff or external) who are registered health professionals with relevant expertise or experience (but who shall not be required to make a diagnosis or prognosis in relation to the student’s health condition), one of whom is to chair the Panel and
one senior academic (who must be at least a Level C academic) nominated by the Deputy Vice-Chancellor, Education and Students or, for higher degree research students, nominated by the Pro Vice-Chancellor, Research and Innovation.

(29) The Health Assessment Panel must not include a person who:

is from the same School as the student
has previously treated the student as that student’s health professional or
has previously been involved (including as a witness or in an investigation) with the report of behaviours of concern, including under the Student Misconduct Rule.

Notice to Student

(30) The chair of the Health Assessment Panel must arrange (through the Office of Governance Services) a notice to be sent to the student that:

sets out the details of the report of concerning behaviour
invites the student to a meeting with the Health Assessment Panel, stating that the purpose is to discuss the behaviours of concern with the student and explore arrangements to assist the student and minimise any risks, which may include requiring the student to take mandatory health leave
acknowledges that the student has the right not to attend
tells the student that the Dean and other relevant University staff will be consulted about any potential arrangements referred to in subclause b.
asks the student to bring along any relevant information or documents (including medical or health reports) that may be relevant
advises that the student may bring a support person and their medical or health practitioner to the meeting
includes a copy of the Student Health Leave Policy and this Procedure and
advises the student that failure to attend the meeting may result in the Health Assessment Panel making a decision in the student’s absence.

Meeting and Consultation

(31) A Health Assessment Panel must:

discuss the report of behaviours of concern with the student and give them a reasonable opportunity to respond to it
explore suitable options with the student to assist them to manage any diagnosed health condition and minimise any future risks, including any one or more of the following:
1. incorporating reasonable adjustments into an Academic Reasonable Adjustment Plan if the student is to continue in the program
2. referring the student to health, counselling or other support services (either internal or external to the University)
3. taking voluntary health leave and
4. consulting with, and considering any submissions or evidence from, the Dean and other relevant University staff with whom the student has had contact (such as staff in the Student Welfare Service, Student Disability Service, Student Counselling Service or the BRROG) regarding the student’s behaviours of concern and possible suitable options
give the student a reasonable opportunity to respond to any such consultation, submissions or evidence.

(32) After considering the student’s response and evidence and any consultation, evidence or submission, the Health Assessment Panel will decide on one of the following as appropriate:

an agreed set of outcomes with the student (with or without conditions), which may include a recommendation to the Deputy Vice-Chancellor, Education and Students that the student be granted voluntary health leave, which shall be conditional upon the student’s consent to comply with those outcomes for the specified duration of voluntary health leave
that the student may continue in the program, but subject to appropriate conditions to ensure the student is provided with adequate support (including any reasonable adjustments)
to place the student on mandatory health leave for a specified period of time in accordance with the Policy or
if not satisfied that the behaviours of concern are attributable to a health condition (whether diagnosed or not), refer the matter to be dealt with under the Student Misconduct Rule.

(33) The Chair of the Health Assessment Panel must arrange a notice to be sent to the student that sets out the decision of the Health Assessment Panel. The notice is to include a short summary of reasons for the decision and a statement that the student has a right of review.

Matters to be Taken into Account

(34) A decision to impose mandatory health leave is to take into account:

risks if the student is not placed on mandatory health leave
the effect on the student’s future reinstatement or readmission and
suitable alternatives for management of the student’s health condition and any risk, including through reasonable adjustments under the Disability Policy.

Termination or Suspension of Inquiry

(35) An inquiry under this Section will be terminated or suspended if the student:

ceases to be registered as a student for any reason
takes leave of absence under the Student Administration Policy and the Health Assessment Panel is satisfied that it is appropriate to do so or
applies for and is granted voluntary health leave or
the Deputy Vice-Chancellor, Education and Students or the Health Assessment Panel (as the case may be) considers it otherwise appropriate to do so.

(36) Termination or suspension of an inquiry may be subject to conditions, including that the University reserves the right to recommence an inquiry as a condition of the student seeking re-admission or re-enrolment.

Effect of Decision to Place Student on Mandatory Health Leave

(37) Subject to the student’s rights of review, a decision to place a student on mandatory health leave means that the student will not be permitted to:

continue with their current enrolment, enrol in another program or graduate from their program during the period of mandatory health leave
come onto any University lands or use any of the University's physical or online facilities or services during the period of mandatory health leave
apply for readmission or reinstatement prior to expiry of the period of mandatory health leave

Part C - Review Rights

Grounds on Which Students May Seek Review

(38) A student may apply for review of any of the following decisions:

a decision to place the student on mandatory health leave
a decision not to reinstate or readmit a student following expiry of mandatory health leave.

(39) A student may only seek review of any one or more of the following grounds:

that there has been a substantial breach of procedural fairness
that the student now has available new and substantive information or evidence that was not reasonably available to the student at the time the original decision was made.

Deadline for Seeking Review

(40) A student may seek review of a decision by lodging a request with the Office of Governance Services.

(41) Any request for review must:

be lodged within 20 working days of the date of notice of the decision (the General Counsel and University Secretary may extend or accept a request received after this deadline if considered reasonable in the circumstances)
set out details of the grounds on which the review is sought
include any information or documents on which the student wishes to rely in support of their request for review.

(42) Following receipt of a request for review, the General Counsel and University Secretary must assess that request and:

refuse the request if it does not comply with the requirements set out in this Section
convene a Review Panel to conduct and decide the review.

Convening of Review Panel

(43) The General Counsel and University Secretary convenes a Review Panel of two staff members as follows:

nominated by the Deputy Vice-Chancellor, Education and Students or, for higher degree research students, by the Pro Vice-Chancellor, Research and Innovation
one nominated to act as the Chair of the panel and
one who is a registered medical or health practitioner (this person is not required to make a diagnosis of the student’s health condition).

(44) The Review Panel must not include a person who:

is from the same School as the student
has acted as the student’s medical or health practitioner or
has previously been involved (including as a witness or in an investigation) in a process involving the student for the same matter under the Student Health Leave Policy, these Procedures or the Student Misconduct Rule.

Notification of Inquiry by Review Panel

(45) At least ten working days before the inquiry is due to be held, the chair of the Review Panel must arrange (through the Office of Governance Services) for the student to be sent a notice that:

tells the student whether the inquiry will be conducted on the papers, in person (which may include online) or a combination of both
if the inquiry is to be conducted in person, tells the student the date(s), time(s) and place or, if held online, the online connection details
invites the student to make any further written submissions by a specified deadline (which must be no later than the day of the inquiry for an inquiry held in person)
includes a copy of, or link to, the Student Health Leave Policy and these Procedures
tells the student that if they choose not to attend the inquiry (if held in person) then the Review Panel will decide the matter in the student’s absence
includes a copy of any submission(s) made by the University in response to the student’s request for review.

Inquiry by Review Panel

(46) The Review Panel must review all information and evidence:

considered when the decision under review was made and
submitted by the student as part of their request for review.

(47) The Review Panel may conduct the review either on the papers or in person, or a combination of both.

(48) The student may bring a support person and any treating medical or health practitioner who provided a report to the Health Assessment Panel to a meeting with the Review Panel.

(49) Following consideration of the student’s request for review, the Review Panel must decide to either:

deny the review, if reasonably satisfied that the grounds of review are not made out or that the original decision should not be set aside or varied or
uphold the review, if reasonably satisfied that one or both of the grounds on which review is sought has been established and vary the original decision or substitute its own decision for the original decision according to the requirements of the Student Health Leave Policy and these Procedures.

(50) Following conclusion of the inquiry, the Review Panel must prepare a report that sets out:

its findings on the grounds of appeal and decision
a short statement of reasons
that there is no further avenue of internal review or appeal and
any external avenues of assistance or review (taking into account whether the student is an overseas student or a domestic student).

(51) The Chair must arrange for a notice to be sent to the student advising of the Review Panel's decision and a summary of the reasons for the decision.

(52) There is no further avenue of internal review or appeal from a decision of the Review Panel.

Part D - Reinstatement or Re-Admission following Manadatory Health Leave

Application Process

(53) Applications for reinstatement following mandatory health leave may only be approved by the Deputy Vice-Chancellor, Education and Students.

(54) Applications must be lodged with the Office of Governance Services no less than three months before the student’s mandatory health leave is due to expire.

(55) Students on mandatory health leave for a period of the greater of more than four consecutive teaching terms or two years are not entitled to reinstatement under these Procedures and must apply for re-admission when their health leave expires. (Refer to Student Administration Policy - Admissions Procedure for information on re-admission.)

Evidence Required with Application

(56) The student must provide the following as part of any application for reinstatement or re-admission:

all relevant information and documents (including relevant reports from health professionals or medical practitioner(s)) that provide a current opinion about the student’s health condition and about any risk/s posed as a result of that health condition and/or
written permission for the University to contact or approach other areas of the University (such as the relevant School, Student Wellbeing Services webpage, or Western Sydney International) or the student’s medical or health practitioner(s) and to obtain any further information or documents that the University considers reasonably necessary and relevant for the purposes of evaluating whether the student should be reinstated or re-admitted
evidence of the student’s compliance with any conditions imposed as part of their mandatory health leave.

(57) The Deputy Vice-Chancellor, Education and Students may also require the student to undergo, at the University's cost, further assessment by a medical or health practitioner to assess any ongoing risk.

Decision

(58) When considering an application the Deputy Vice-Chancellor, Education and Students:

may, if satisfied that the student is unlikely to pose any further risk, approve the student’s application for readmission or reassessment
will refuse the application if all evidence required has not been provided
will, if not satisfied that the student does not pose a risk, either:
1. refuse the application or
2. approve the application for readmission or reassessment with conditions.

(59) The Deputy Vice-Chancellor, Education and Students must arrange for a notice of their decision to be sent to the student, within ten working days, and include a short summary of reasons.

Part E - Temporary Suspension of Students

(60) The Deputy Vice-Chancellor, Education and Students can temporarily suspend a student if they consider that this is necessary to avoid or minimise risks:

to the integrity of any process under these Procedures
related to the behaviours of concern of a student continuing if the student is not temporarily suspended.

(61) Temporary suspension:

must be proportionate to the circumstances
may be for a limited period of time or for the duration of the process under these Procedures (including any review)
must take effect as soon as possible considering when the notice of suspension will be received and
may be extended or renewed.

(62) The Deputy Vice-Chancellor, Education and Students may, but is not required to, particularly if circumstances warrant urgent action, give the student an opportunity to be heard on the issue of temporary suspension before making a decision to do so.

Types of Temporary Suspension

(63) Temporary suspension may restrict a student from:

attending lectures or undertaking activities (including placements and field work) associated with their enrolment or program, and/or
entering any University lands or buildings, and/or
accessing or using any University facilities, services or other resources (including libraries, laboratories, equipment or computers), and/or
approaching or communicating with other University students or staff.

Notice Requirement

(64) If the Deputy Vice-Chancellor, Education and Students decides to temporarily suspend a student, they must arrange for a notice to be sent to the student that:

specifies the suspension arrangements, including when it commences and the duration, and
provides a short summary of reasons why suspension is considered necessary.

Variation or Termination of Temporary Suspension

(65) A student may request the Deputy Vice-Chancellor, Education and Students to vary or terminate a temporary suspension if there is a change in circumstances which appropriately mitigate or manage the risks.

(66) The Deputy Vice-Chancellor, Education and Students will consider requests and may vary or terminate a temporary suspension at any time to take account of any change in circumstances but must be reasonably satisfied that any risks are or can be appropriately mitigated or managed.

Compliance

(67) A student must comply with any temporary suspension decision imposed under this Section and failure to do so may be dealt with under the Student Misconduct Rule.