International Students on Student Visas

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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
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