Assessment (including Examination) Rules for Schools with Consent to Assess 2016 (EXPIRED)

7.1.4 Appeal and review of Appeal Decision - External Assessment

  1. A Candidate or other person who has been found to have breached the rules of external assessment, and who believes a decision was incorrect may appeal in writing to the Manager of School Quality Assurance and Liaison, within 15 business days of the date the notification of the decision was sent to the Candidate or other person.
  2. The request for an appeal must include the reasons why the Candidate or other person believes the decision is incorrect.
  3. The Candidate or other person will be notified of the Manager’s decision within 15 business days of the receipt of the appeal request.
  4. In the appeal the Manager will review the process followed and the decision based on the investigation material and reasoning of the decision and any further cogent evidence that may be made available.
  5. A Candidate or other person who has been found on appeal to have breached the rules may apply for a review of the appeal decision, including any penalties imposed, in writing to the Chief Executive within 15 business days of the date the notification of the appeal decision was sent to the Candidate or other person.
  6. The request for review must include the reasons why the Candidate or other person believes the decision should be further reviewed, and whether or not the Candidate or other person wishes to be heard in person (including by telephone conference).
  7. A review by the Chief Executive is to confirm whether it is more likely than not that the breach of the rules of external assessment occurred.
  8. The Chief Executive may adopt any procedure for the review he or she believes reasonable in the circumstances.
  9. The Chief Executive will ensure that all involved parties have a copy of any new information, and allow sufficient time for consideration of and any comment on that information.
  10. Where a Candidate or other person does not wish to be heard in person, the Chief Executive may proceed to make a decision on the basis of the information received.
  11. Where a Candidate or other person wishes to be heard, it will be at their own expense and the meeting will be held at NZQA offices in Wellington.
  12. The Chief Executive will correspond with the Candidate or other person to set a mutually convenient date for the hearing. If, after reasonable attempts, a mutually convenient date cannot be found, the Chief Executive will set and specify a date for the hearing.
  13. In carrying out the review and making a decision the Chief Executive may, at the Chief Executive’s discretion, and whether or not a hearing has been requested, do any or all of the following:
    1. ask for further relevant information from any party:
    2. receive any new information from any party that is relevant, whether or not the Chief Executive has asked for that information:
    3. obtain any advice or expertise from third parties that may assist the decision, which for the avoidance of doubt may include handwriting or scientific advice or expertise:
    4. allow sufficient time for parties to consider any new information, advice or expertise:
    5. decide to refer the matter back to the original decision-maker for reconsideration:
    6. confirm or change any decision.
  14. Where a Candidate or other person has appealed the decision to the Manager, or has applied for a review by the Chief Executive of the decision, and the decision being appealed or reviewed involves the penalty of disqualification from entering further externally assessed standards, pending the outcome of the appeal or review the Candidate or other person may make an entry for those externally assessed standards in any year to which the disqualification would otherwise apply.
  15. If the review confirms the original decision, any penalties will be reapplied, and the Candidate’s entry for externally assessed standards may be withdrawn.
  16. The Chief Executive’s decision concludes the NZQA process, and takes effect the day after the day it is made.
 
 
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