Printed copies of this policy are not controlled. Always check the SIS to ensure this information is accurate. Policy Name International Students on Student Visas – CIT Program Progress Policy Policy Group Educational Policies > Students > International Students Policy Reference Number ED.01.04.06 – 007 Purpose This policy and procedure is to ensure CIT’s compliance with the Education Services for Overseas Student Act 2000 (ESOS Act) and The National Code 2007 by implementing a Program Progress Policy consistent with the DEPT. EDUCATION –Department of Immigration and Border Protection Course Progress Policy. Scope All International Students on student visas in CRICOS registered VET Programs. Note: International Students in the context of this policy are limited only to those students subject to the ESOS Act, that is, on a student visa. International Students more generally refers to the total population of students who are not Australian Citizens and do not have permanent resident status. Students studying English and the ACT Year 12 program will still be subject to monitoring of attendance as they are defined as ELICOS Programs within the context of the ESOS Legislation in addition to program progress requirements. Note: Course = Program The principles in this policy have been adapted and contextualised directly from the DEPT. EDUCATION-Department of Immigration and Border Protection Course Progress Policy. The DEPT. EDUCATION -Department of Immigration and Border Protection Course Progress Policy uses the term ‘Course’ which is the equivalent of the CIT term ‘Program’. This CIT policy uses the term ‘Program’. This CIT policy uses the term ‘Program’ throughout except when referring to external legislation/documents which use the term ‘Course’. Definitions CRICOS Commonwealth Register of Institutions and Courses for Overseas Students. DEPT. EDUCATION Commonwealth Department of Education. Department of Immigration and Border Protection Commonwealth Department of Immigration and Border Protection. ELICOS English Language Intensive Courses for Overseas Students. International Students on Student Visas – CIT Program Progress Policy Contact officer: Senior Manager, International Services Unit Page 1 of 10 Date created: 4 July 2007 Date updated: 5 May 2014 Printed copies of this policy are not controlled. Always check the SIS to ensure this information is accurate. ESOS Act The Education Services for Overseas Students Act 2000 (ESOS Act) and related legislation is designed to protect the interests of students coming to Australia on student visas. The legislation aims to protect and enhance Australia’s reputation for quality education, to provide tuition protection and support the integrity of the student visa program International / Overseas Students A person (whether within or outside Australia) who holds a student visa, other than one exempted by the ESOS Regulations 2001. Students on other classes of visa are not included. Note: International Students in the context of this policy is limited only to those students subject to the ESOS Act, that is, on a student visa. International Students more generally refers to the total population of students who are not Australian Citizens and do not have permanent resident status. International Services Unit Is responsible for the recruitment and ongoing support of international students studying or intending to study at CIT. The National Code 2007 National Code of Practice for Registration Authorities and Providers of Education and Training to Overseas Students 2007 (The National Code 2007). The National Code is a set of nationally consistent standards that governs the protection of overseas students and delivery of courses to those students by providers registered on the Commonwealth Register of Institutions and Courses for Overseas Students (CRICOS). Pastoral Care Officer (PCO) CIT Staff member appointed by Colleges as a Pastoral Care Officer for International Students. Program Requirements Program requirements for the purposes of this policy are measured in terms of subject/competencies that are expected to be completed within the study period (Semester). Provider (As defined in the ESOS Act) An institution or other body or person in Australia that provides or seeks to provide courses to overseas students. To provide courses, a provider must comply with State or Territory approval requirements and become registered on CRICOS. Student Visa A visa granted under the Migration Act 1958 to overseas students. The Department of Immigration and Border Protection administers the Act and issuing of visas. Study Period For most CIT programs a study period refers to either a term or semester depending on the course CRICOS registration. An exception to this is: ELICOS program: 5, 10, 15 or 20 week study period depending of level of English in which the student is enrolled. International Students on Student Visas – CIT Program Progress Policy Contact officer: Senior Manager, International Services Unit Page 2 of 10 Date created: 4 July 2007 Date updated: 5 May 2014 Printed copies of this policy are not controlled. Always check the SIS to ensure this information is accurate. Unsatisfactory (program) progress Where the student has failed or is deemed not yet competent in 50% or more of the Program requirements in that study period. Principles 1. Program progress will be monitored and assessed for each international student for each study period of the program stated on their electronic Confirmation of Enrolment document (CoE). 2. Student’s progress will be assessed at the end of each compulsory study period by ISU. 3. Unsatisfactory progress is defined as not successfully completing or demonstrating competency in at least 50 per cent of the Program requirements in that study period. The Program requirements for the purposes of this policy are measured in terms of subject/competencies that are expected to be completed within the study period. 4. Any Student who is not making satisfactory program progress will have access to an intervention strategy. The strategy is described in the procedures for monitoring program progress (attached). The strategy specifies: i. procedures for contacting and counselling students; ii. strategies to assist identified students to achieve satisfactory Program progress; and iii. the process by which the intervention strategy is activated. 5. The intervention strategy must include: meeting with the Student, International Student Advisor and the Pastoral Care Officer when a student is identified for an intervention to develop a plan forward. the intervention strategy could include but is not limited to: i. follow-up meetings with Pastoral Care Officer and/or an International Student Advisor to assess progress during the Semester; ii. attending the Drop-in Tutorial Support available at CIT Libraries and Learning Services on a regular basis; iii. meeting with the Manager of International Pastoral Care to create a study timetable; iv. meeting with CIT Counsellors to receive assistance with personal issues which are influencing progress; v. being enrolled in alternative subjects within a course or a suitable alternative course; or vi. a reduction in course load; or vii. a combination of the above 6. At the end of each compulsory study period, students will be assessed against the program progress defined in this policy. If a student is identified for the first time as not making satisfactory program progress, the intervention strategy as outlined in Principle 4 will be implemented. The intervention strategy will be activated within the first four weeks of the following study period International Students on Student Visas – CIT Program Progress Policy Contact officer: Senior Manager, International Services Unit Page 3 of 10 Date created: 4 July 2007 Date updated: 5 May 2014 Printed copies of this policy are not controlled. Always check the SIS to ensure this information is accurate. 7. If a Student is identified as not making satisfactory program progress in a second consecutive compulsory study period in a program, the student will be notified of CIT’s intention to report the student to DEPT. EDUCATION via PRISMS for unsatisfactory progress. The provider does this through the written notice described in Principle 8 (Standard 8 of the National Code 2007). 8. The written notice (of intention to report the student for unsatisfactory academic progress) will inform the student that he or she is able to access the CIT’s complaints and appeals process (in line with Standard 8 of the National Code 2007) and that the student has 20 working days in which to do so. A student may appeal on the following grounds: i. CIT’s failure to record or calculate a student’s marks accurately. ii. Compassionate or compelling circumstances. This could include but is not limited to: a. serious illness or injury, where a medical certificate states that the student was unable to attend classes; b. bereavement of close family members such as parents or grandparents (Where possible a death certificate should be provided); c. major political upheaval or natural disaster in the home country requiring emergency travel and this has impacted on the Student’s studies; or d. a traumatic experience which could include: i. involvement in, or witnessing of a serious accident; or ii. witnessing or being the victim of a serious crime, iii. and this has impacted on the student (these cases should be supported by police or psychologists’ reports) e. where CIT was unable to offer a pre-requisite unit; or f. inability to begin studying on the course commencement date due to delay in receiving a student visa. g. inability to study for a portion of a study period due to cultural reasons, eg. arranged marriage.) or iii. CIT has not implemented its intervention strategy and other policies according to its documented policies and procedures that have been made available to the student. 9. Where the Student’s appeal is successful, the outcomes may vary according to the findings of the appeals process. i. If the appeal shows that there was an error in calculation and the student made satisfactory program progress (successfully completed more than 50 per cent of the program requirements for that study period), CIT will not report the student, and there is no requirement for intervention. ii. If the appeals process shows that the student has not made satisfactory progress, but there are compassionate or compelling reasons for the lack of progress and CIT will not report the student. iii. If the appeals process shows that CIT disadvantaged the student by not following legislation requirements CIT will not report the student. 10. Where the CIT appeals and complaints process has been completed and results in a decision supporting the registered provider (ie. The student’s appeal was unsuccessful) the student is advised in writing by the Executive Director, CIT People and Organisational Governance of the appeal outcome. The ISU will then advise the student in writing that they have 20 working International Students on Student Visas – CIT Program Progress Policy Contact officer: Senior Manager, International Services Unit Page 4 of 10 Date created: 4 July 2007 Date updated: 5 May 2014 Printed copies of this policy are not controlled. Always check the SIS to ensure this information is accurate. days to show evidence of initiating an external appeal with the Overseas Student Ombudsman’s office. 11. CIT Solutions will notify the Secretary of DEPT. EDUCATION through PRISMS as soon practicable of the student not achieving satisfactory program progress where: as i. the student has chosen not to access either the internal or external complaints and appeals processes within the 20 working day period; ii. the student withdraws from the process; or iii. the process is completed and results in a decision supporting the registered provider (ie. the student’s internal and external appeal was unsuccessful). 12. 13. 14. Information about student progress and attendance will be dealt in accordance with the Human Rights Act 2004 unless limited by the requirements of Education Services for Overseas Students Act 2000 (as amended in 2007) as allowed in section 28 of the Human Rights Act 2004 . If the student is accessing the internal and/or external appeal process enrolment must be maintained until the process is finalised as per ESOS requirements. ISU will advise the PCO if the student’s enrolment is cancelled. Responsibilities/Obligations CIT Overall management of CIT’s compliance with the ESOS Act 2000 and any related code. Ensure staff are informed of their responsibilities under the ESOS Act, as outlined in: o International Student College Director Guide o International Student Head of Department Guide o International Student Pastoral Care Officer Guide o International Student Teacher’s Guide Teachers Alert Pastoral Care Officer (PCO) of attendance or academic progress issues. Academic Progress is identified by the teacher when an international student has not submitted work by the due date as outlined in the Subject Guide (or Subject Outline) using the International Student Compliance Form. CIT Solutions – International Services Unit Ensure students are informed of their responsibilities under the ESOS Act. Establish procedures and an intervention strategy for handling non-compliant students. Counsel International Students on academic issues relating to compliance/non-compliance with ESOS in consultation with the PCO. Contact PCO before finding student in breach. Colleges Monitor academic progress. International Students on Student Visas – CIT Program Progress Policy Contact officer: Senior Manager, International Services Unit Page 5 of 10 Date created: 4 July 2007 Date updated: 5 May 2014 Printed copies of this policy are not controlled. Always check the SIS to ensure this information is accurate. Pastoral Care Officers Monitor International student attendance & academic progress in consultation with teachers. In consultation with Head of Department, address academic breaches. Report all International Student non-compliance issues, as identified in the International Student Compliance Form immediately to the ISU. Delegations Delegation Manual Delegation Number Delegation Delegate Educational 15.07 Authorise actions required to ensure compliance with Department of Immigration and Border Protection regulations Authorise actions required to ensure compliance with ESOS Act General Manager, CIT Solutions 15.08 General Manager, CIT Solutions Executive Endorsement Version Number Date Endorsed by BOM or BOM Delegate Review Process (Initial Policy, Major 001 July 2007 Initial Policy 002 July 2008 Minor Amendments 003 August 2009 Minor Amendment 004 December 2009 Minor Amendment 005 March 2010 Minor Amendment 006 5 August 2013 Major Review 007 5 May 2014 Minor Amendments Review or Minor Amendment) Review Date This Policy is due for review by August 2017 or when changes to work practices or the Authority Source noted below render the policy out of date. Minor amendments do not alter the review date. International Students on Student Visas – CIT Program Progress Policy Contact officer: Senior Manager, International Services Unit Page 6 of 10 Date created: 4 July 2007 Date updated: 5 May 2014 Printed copies of this policy are not controlled. Always check the SIS to ensure this information is accurate. Documentation Authority Source National Code of Practice for Registration Authorities and Providers of Education and Training to Overseas Students 2007 (The National Code 2007) ESOS Act 2000 - DEST-DIAC Course Progress Policy and Procedures for CRICOS Providers of VET Courses (Due to Machinery of Government changes, all outdated references DEEWR, DIISR, DIISRTE, DIICCSRTE or DIBP – on the website have been replaced with the Department of Education or the Department of Immigration and Border Protection. Editorial changes have not been made to the National Code, as it is a Legislative Instrument. Outdated references will be completed when legislation is updated in the future) Related Documents International Course Guide http://www.cit.act.edu.au/international/courses/ The following Guides are available on CIT SIS: International Student College Director Guide International Student Head of Department Guide International Student Pastoral Care Officer Guide International Student Teacher Guide International Student ELC Pastoral Care Officer Guide International Student ELC Teacher Guide International Student Compliance form Supporting Guide National Code 2007 Explanatory Guide AEI electronic publication Accountabilities Policy Owner (Lead Coordinator: Executive Director, CIT People and Organisational Governance Responsible for major review and any amendments and recommends sign off by the Chief Executive) Contact Officers (Responsible for input and advice to the policy) Mandatory Consultation Senior Manager, International Services Unit Manager Student Support Manager International Pastoral Care Director, CIT Student Services International Student Manager International Students on Student Visas – CIT Program Progress Policy Contact officer: Senior Manager, International Services Unit Page 7 of 10 Date created: 4 July 2007 Date updated: 5 May 2014 Printed copies of this policy are not controlled. Always check the SIS to ensure this information is accurate. I approve this policy. ____________________________________ Chief Executive ____________________________________ Date International Students on Student Visas – CIT Program Progress Policy Contact officer: Senior Manager, International Services Unit Page 8 of 10 Date created: 4 July 2007 Date updated: 5 May 2014 Printed copies of this policy are not controlled. Always check the SIS to ensure this information is accurate. Intervention Strategy Procedures for Monitoring Satisfactory Program Progress: 1. ISU to provide individual written advice to International Students on Student Visas of their responsibilities under the DEPT. EDUCATION– Department of Immigration and Border Protection Course Progress Policy for ‘Satisfactory Course Progress’ before commencement of study. 2. Students study first ‘study period’ (in the context of this procedure, the student is always in the first study period unless they did not make satisfactory program progress in the previous semester in which case they are in the second ‘study period’). A student will only be given the opportunity to undertake the intervention process once for each program of study. If the student successfully completes the intervention study period they will be issued a ‘non-bonafide student letter’ stating that they now have the resources and contacts to ensure that they have support and are successful in future study periods. 3. ISU to ensure compliance of International Students after the first study period by running a Banner report or an Unofficial Transcript. 4. If the International Student has unsatisfactory program progress in the first study period a meeting must be held to determine strategies to enable the student to achieve satisfactory program progress for the second study period and to set a schedule of meetings to monitor progress. Stakeholders at this meeting/s may include but are not limited to: ISU – International Student Advisor Pastoral Care Officer (PCO) / Head of Department International Student A support person determined by the International Student (optional) Manager International Pastoral Care. 5. The PCO / Colleges monitor the International Students program progress in the second study period, using the International Student Compliance Form 6. If the Student has unsatisfactory program progress ie: not demonstrated competency in more than 50 per cent of their program requirements for the study period, ISU must provide written advice to the Student explaining the appeals process and that CIT intends to report the Student’s unsatisfactory Program progress to DEPT. EDUCATION via PRISMS. 7. If the Student wishes to apply for internal appeal, they must lodge a request in writing for appeal within 20 working days of the date of the written advice (stated in point 6). 8. If the Student’s internal appeal is unsuccessful they are sent a letter from the Executive Director, CIT People and Organisational Governance of the appeal outcome. The ISU will then advise in writing that the Student has the right to apply for an external appeal with the Overseas Student Ombudsman’s Office. The Student has 20 working days to provide evidence that they have lodged an external appeal with the Overseas Student Ombudsman’s Office. 9. ISU must report the Student to DEPT. EDUCATION via PRISMS if the Student does not appeal or if their appeal/s are unsuccessful. 10. ISU to inform PCO if the Student’s enrolment is cancelled. The following flow diagram describes the process in more detail. International Students on Student Visas – CIT Program Progress Policy Contact officer: Senior Manager, International Services Unit Page 9 of 10 Date created: 4 July 2007 Date updated: 5 May 2014 Printed copies of this policy are not controlled. Always check the SIS to ensure this information is accurate. Satisfactory Program Progress CIT Executive/ PCO / College CITSol Advise Student of Satisfactory Program Progress Requirement Student Public Version of the Policy available on CIT Website Visa requirements form Satisfactory First Study Period (Semester) Assessment of Satisfactory Program Progress Unsatisfactory Meeting to determine strategies for the next semester to maximise chance of achieving satisfactory program progress. ISU provide appeal process information Monitor Progress Second Study Period (Semester) Written notice including Internal appeal option Assessment of Satisfactory Program Progress Unsatisfactory Provide Written advice that CIT intends to report to Dept. Education via PRISMS Not lodged Provide written advice that the student is able to apply for external appeal and how. Report To Dept. Education via PRISMS Internal Appeal Lodged A letter of the appeal decision is sent to the student by CIT executive Exec Director, CIT People & Org Governance sends letter to student with appeal outcome CIT Written notice including External appeal option Lodged Not Lodged External Appeal ISU to inform PCO that the student’s enrolment is cancelled CIT International Students on Student Visas – CIT Program Progress Policy Contact officer: Senior Manager, International Services Unit Internal Appeal finds in favour of Page 10 of 10 External Student Appeal finds in favour of Student Student Recommences at First Study Period Date created: 4 July 2007 Date updated: 5 May 2014