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 in ELICOS Programs – CIT Attendance Policy Policy Group Educational Policies > Students > International Students Policy Reference Number ED.01.04.07 – 004 Purpose The purpose of this policy and procedure is to ensure CIT’s compliance in monitoring attendance and academic performance for International Students studying an ELICOS or non-award program at CIT. The requirements for attendance are set out in the Education Services for Overseas Student Act 2000 (ESOS Act) and the National Code of Practice for Registration Authorities and Providers of Education and Training to Overseas Students (The National Code). Scope International Students on student visas in CRICOS non award or ELICOS registered courses. Note: International Students in the context of this policy are limited only to those students subject to the ESOS Act. That is, those 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. Definitions Attendance records Records systematically recorded on Banner for International Students on a Student Visa CRICOS non award or ELICOS registered courses which are reported on weekly for non-attendance. Non-attendance due to illness evidenced by a medical certificate, or other exceptional personal leave must also be recorded, monitored and reported weekly. Attendance requirements As defined under the mandatory Department of Immigration and Border Protection visa Conditions: • Students must attend at least 80% of the contact hours scheduled for each term or semester of their course. • Department of Immigration and Border Protection visa regulations allow non-attendance for 20% of contact hours to cover occasional absences and illnesses, including illness supported by a medical certificate. As soon as practicable after the provider becomes aware the student is no longer able to achieve 80% attendance for the term, semester or course, the student should be notified that they are in breach (Note: CIT is also required to contact and counsel students who are absent International Students on Student Visas in ELICOS Programs – CIT Attendance Policy Contact officer: General Manager, CIT Solutions Page 1 of 9 Date created: 4 July 2007 Date updated: 12 May 2014 Printed copies of this policy are not controlled. Always check the SIS to ensure this information is accurate. for two consecutive days). Contact hours Number of hours that a Student is scheduled to attend classes for teaching purposes, course-related information sessions, supervised study sessions and examinations. Compassionate and Compelling Circumstances Compassionate or compelling circumstances are generally those beyond the control of the student and which have an impact upon student’s course progress or wellbeing (as stated in The National Code of Practice for Registration Authorities and Providers of Education and Training to Overseas Students 2007). See Principle 9 for more detail. 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. 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 Full-time student A currently enrolled student who has enrolled for classes with a nominal study load of at least 15 hours per week or totalling more than 270 hours per semester, or who has enrolled for classes totalling less than 15 hours (270 hours per semester) nominal study load per week but deemed to be full-time by the Director responsible for the student’s primary accredited program. International Students must be enrolled in a full-time CRICOS approved course/s. 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. Mandatory attendance requirements Requirement for International Students studying ELICOS or the ACT Year 12 program - must attend at least 80 per cent of the contact hours scheduled for each study period of student’s course. International Students on Student Visas in ELICOS Programs – CIT Attendance Policy Contact officer: General Manager, CIT Solutions Page 2 of 9 Date created: 4 July 2007 Date updated: 12 May 2014 Printed copies of this policy are not controlled. Always check the SIS to ensure this information is accurate. 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 Pastoral Care Officer for International Students. 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. PRISMS Provider Registration and International Students Management System 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 ELICOS program: 5, 10, 15 or 20 week study blocks depending of level of English in which the student is enrolled. ACT Year 12 program: 1 Semester (6 months). Principles 1. CIT must comply with legislation such as the ESOS Act and related codes to be licensed to operate as a provider of programs for International Students. 2. CIT is required to have a systematic approach for monitoring and reporting attendance and academic performance under the ESOS Act. 3. CIT requires that accurate and detailed attendance records must be maintained and monitored (weekly) for students in CRICOS ELICOS registered courses or the ACT Year 12 program. 4. Teachers are required to record attendance electronically on the BANNER system for students in CRICOS ELICOS registered courses or the ACT Year 12 program on a daily basis. 5. The ISU must be advised immediately if non-compliance with Visa conditions is evident. 6. All documentation and evidence relating to non-compliance issues must be forwarded to the ISU. 7. PCO’s will monitor student’s attendance and counsel students who have missed 2 consecutive days or are at risk of breaching the 80 per cent attendance requirement. 8. When a student can no longer achieve 80 per cent attendance, ISU will notify the student of its intention to report the student via PRISMS for unsatisfactory attendance. The visa issue date and arrival in Australia date must be taken into account as well as the finalisation of application processing date for studies at CIT when calculating attendance. CIT may decide not to report the student for breaching the 80 per cent attendance requirements where: International Students on Student Visas in ELICOS Programs – CIT Attendance Policy Contact officer: General Manager, CIT Solutions Page 3 of 9 Date created: 4 July 2007 Date updated: 12 May 2014 Printed copies of this policy are not controlled. Always check the SIS to ensure this information is accurate. a. the student produces documentary evidence clearly demonstrating that compassionate or compelling circumstances apply; b. that the decision is consistent with its documented attendance policies and procedures; and c. CIT has confirmed that the student has attended at least 70 per cent of the scheduled course contact hours for the course in which the student is enrolled. d. CIT is required to contact and counsel students who are absent for two consecutive days. 9. The written notice (of intention to report the student for unsatisfactory attendance) 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: CIT’s failure to record or calculate a student’s attendance accurately; or 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 e.g. Arranged marriage. 10. Where the Student’s internal appeal is unsuccessful they are sent a letter stating they have the right to apply for an external appeal. The Student has 20 working days to provide evidence that they have lodged an external appeal with the Overseas Student Ombudsman. 11. Where the student’s appeal is successful, the outcomes may vary according to the findings of the appeals process. International Students on Student Visas in ELICOS Programs – CIT Attendance Policy Contact officer: General Manager, CIT Solutions Page 4 of 9 Date created: 4 July 2007 Date updated: 12 May 2014 Printed copies of this policy are not controlled. Always check the SIS to ensure this information is accurate. i. If the appeal shows that there was an error in calculation, and the student actually had satisfactory attendance (attended at least 80 per cent for the Semester), CIT will not report the student. ii. If the appeals process shows that the student has not had satisfactory attendance, but there are compassionate or compelling reasons for the lack of attendance, CIT will not report the student. 12 ISU will notify the Secretary of DEPT. EDUCATION through PRISMS as soon as practicable of the student not maintaining satisfactory attendance where: i. the student has chosen not to access the 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 appeal was unsuccessful) . Delegations Delegation Manual Delegation Number Delegation Delegate N/A Executive Endorsement Version Number Date Endorsed by BOM or BOM Delegate Review Process (Initial Policy, Major 001 4 July 2007 Initial Policy 002 July 2008 Minor Amendment 003 5 August 2013 Major Review 004 12 May 2014 Minor Amendment 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. Documentation Authority Source 1. The Canberra Institute of Technology Act 1987 2. Education Services for Overseas Student (ESOS) Act 2000 National Code of Practice for Registration Authorities and Providers of Education and Training to Overseas Students (The National Code) International Students on Student Visas in ELICOS Programs – CIT Attendance Policy Contact officer: General Manager, CIT Solutions Page 5 of 9 Date created: 4 July 2007 Date updated: 12 May 2014 Printed copies of this policy are not controlled. Always check the SIS to ensure this information is accurate. http://www.dest.gov.au/sectors/international_education/publications_resour ces/other_publications_resources/esos_national_code/default.htm 3. International Course Guide http://www.cit.act.edu.au/international/courses/ 4. CIT Policy on Unsatisfactory Academic Performance Related Documents 1. 2. 3. 4. 5. 6. Document Control Policy Policy Template at Attachment 1 BOM Terms of Reference Background Briefing at Attachment 2 Implementation Plan for New / Revised CIT Policies at Attachment 3 Minor Amendments Policy 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 Supporting Guide Guide to Policy Development and Review Attachments 1. 2. ESOS Attendance Monitoring Procedures Banner Reports 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) Senior Manager, International Services Unit Manager Student Support International Students on Student Visas in ELICOS Programs – CIT Attendance Policy Contact officer: General Manager, CIT Solutions Page 6 of 9 Date created: 4 July 2007 Date updated: 12 May 2014 Printed copies of this policy are not controlled. Always check the SIS to ensure this information is accurate. Mandatory Consultation Manager International Pastoral Care Director, CIT Student Services International Student Manager I approve this policy. ____________________________________ Chief Executive ____________________________________ Date International Students on Student Visas in ELICOS Programs – CIT Attendance Policy Contact officer: General Manager, CIT Solutions Page 7 of 9 Date created: 4 July 2007 Date updated: 12 May 2014 Printed copies of this policy are not controlled. Always check the SIS to ensure this information is accurate. Procedures Overview: Monitoring Attendance Requirements and Breaches 1. Colleges record attendance daily in BANNER. 2. Colleges/PCOs monitor student attendance ensuring ISU are kept informed in writing of action taken. A report of students who have not attended one or more classes/sessions in a week of study will be forwarded to ISU by close of business Monday of the following week. 3. ISU must also ensure Colleges/PCOs are informed in writing of the impact any outcome has on the student’s study status (if the student is continuing studies or not). Note: ISU must contact the International Students Pastoral Care Officer, before confirming and acting on a breach. Timeframes The Act requires that Providers monitor International Student attendance on a regular basis. CIT’s process requires that attendance be monitored weekly in arrears. That is, the ISU investigation and follow up process for breaches that occur in the first week following the week for which attendance is being considered. It is therefore imperative that the College has forwarded all data relating to a particular week by close of business on the proceeding Monday for which attendance is being considered, including comments from the Pastoral Care Officer (PCO). Example: Consider monitoring attendance for the week of 12 – 16 August. The College would be expected to have forwarded all the data to the ISU by the Monday 19 August. The ISU can then commence investigating breaches on Tuesday, 20 August. Attendance Week (record attendance) Mon Tue Wed Thur Fri 12 13 14 15 16 Enter Data/PCO Assess, Address and Communicate to ISU Breaches 19 20 21 22 23 Responsibilities/ Obligations CIT Overall management of CIT’s compliance with the ESOS Act 2000 and any related code. Ensure the relevant staff members are informed of their responsibilities under the ESOS Act. Teachers Record daily attendance record in BANNER Monitor International student attendance and academic progress in consultation with PCO’s. International Students on Student Visas in ELICOS Programs – CIT Attendance Policy Contact officer: General Manager, CIT Solutions Page 8 of 9 Date created: 4 July 2007 Date updated: 12 May 2014 Printed copies of this policy are not controlled. Always check the SIS to ensure this information is accurate. Document comments relevant for PCOs in monitoring attendance and academic performance. 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). CIT Solutions – International Services Unit Ensure students are informed of their responsibilities under the ESOS Act. Contact students when potential breach is identified, when the student is identified as only being able to achieve 90% attendance for the study period. The student signs an attendance contract and is given information about the appeals process. Contact students when identified as no longer being able to achieve 80% attendance for the study period. Contact PCO before reporting student who may be in breach to DEPT. EDUCATION via PRISMS. Provide written advice to the student advising that CIT intends to report the student’s unsatisfactory attendance to DEPT. EDUCATION via PRISMS. Report student to DEPT. EDUCATION via PRISMS if the student does not access the internal and/or external appeal process or if their appeal is unsuccessful. Executive Director – CIT People and Organisational GovernanceMonitor International Student Attendance Recording Compliance. Colleges Record and monitor international student attendance daily. Monitor academic progress. Report all non-compliance immediately to the ISU. Report all international student registration variations to ISU when processed by the College. Pastoral Care Officers Monitor international student attendance & academic progress in consultation with teachers. Advise ISU of any students who miss one or more classes/sessions during a week. Counsel international students on issues relating to attendance compliance/non-compliance with ESOS. Record action for breaches or possible breaches and action taken In consultation with Head of Department, address breaches or potential breaches and report on action taken in consultation with an ISU International Student Advisor. Report all international student non-compliance issues immediately to the ISU. International Students on Student Visas in ELICOS Programs – CIT Attendance Policy Contact officer: General Manager, CIT Solutions Page 9 of 9 Date created: 4 July 2007 Date updated: 12 May 2014