Parent policy: Student Grievances and Appeals – Governing Policy
Procedures number: G7,P1
Approval authority: Deputy Vice-Chancellor
Responsible officer: Deputy Vice-Chancellor
Designated officer: Director, Student Services
Date of approval: 31 October 2007
Date last amended: 8 December 2009
Effective starting date: 1 November 2007
Related documents: Student Conduct and Discipline – Governing and Institutional Operating Policy
Student Academic Misconduct – Institutional Operating Policy
Student Grievances and Appeals – Procedures and Guidelines for Staff
Any Procedures replaced by these procedures: Student Grievances and Appeals – Procedures and Guidelines
Contents
- Preamble
- Definitions of the key terms used in this document
- Advice to students
- Principles and approach to student grievances and appeals
- Types of grievances and appeals
- Initiating action on a grievance or appeal
- Where several students have the same grievance
- Right to be accompanied by a support person
- Mediation and conciliation of a grievance
- Anonymous grievances
- Table showing grievance and appeals processes
- Procedures for students
- Attachment – external appeal and mediation bodies
Preamble
This document contains advice, guidelines and procedures for addressing student grievances consistent with the principles and requirements in the “Student Grievance and Appeals – Governing Policy”. That policy should be read before any action is taken under these guidelines and procedures.
Definitions
Appeal means:
- a formal written request for reconsideration of a decision made by the University or any person or agent acting on behalf of the University and that is submitted to a person or body with authority to undertake that reconsideration within or on behalf of the University; or
- a formal written request for a ruling on the legitimacy of a decision made by the University or any person or agent acting on behalf of the University and that is submitted to an external body that has powers or authority to investigate and determine the legitimacy of the decision
Conciliator means a person trained in conciliation processes and who conducts conciliation between parties; the conciliator usually has knowledge of, and experience in dealing with, issues involved in the general area of a particular allegation or dispute (e.g. cases of alleged discrimination or harassment), can advise the parties on their rights and obligations, but does not make a decision or determination in relation to the allegation or dispute that is being conciliated
Conciliation means a process in which the parties to an allegation or dispute, with assistance from a conciliator, identify and discuss the allegation or disputed issues in order to develop options, consider alternatives and try to reach an outcome that is acceptable to all the parties
Corrective action means action, resulting from decisions reached in favour of or in support of a student through grievance or appeal processes, that must be taken by the University with respect to the particular student
De-identified information means information that excludes any personal information that could lead to identification of an individual
Dispute means:
- to disagree; or
- a disagreement
External appeal means a formal written request for a ruling on the legitimacy of a decision made by the University or any person or agent acting on behalf of the University and that is submitted to an external body that has powers or authority to investigate and determine the legitimacy of the decision
Formal process means a process for addressing a student’s grievance, dispute or appeal other than by “informal processes” (as defined later) and involving investigations and decisions being made in relation to the matter by an impartial and independent person or group of persons or body
Grievance means:
- an allegation of misconduct by a person other than a student ; or
- a complaint made or lodged by a student in relation to:
- any matter in the control of the University that affects the student in his/her capacity as a student or as a general member of the University community; or
- a decision made by the University or any person or body acting for, or on behalf of, the University that affects the student in his/her capacity as a student
Informal process means a process which involves direct discussion between a student complainant and a member of staff of the University, or internal mediation of a dispute, in relation to a student’s grievance with a view to reaching a settlement that is acceptable to the student and the University – the process cannot be followed where a student makes a written grievance
International student means a student or intending student who is not an Australian or New Zealand citizen and does not have Australian Permanent Residency status and who has entered into a current written agreement with the University of the Sunshine Coast to undertake a course or program of studies with the University
Investigating Officer means a senior member of staff appointed by the Deputy Vice-Chancellor to investigate a formal complaint
Local Responsible Officer means a Head of School or Dean of Faculty or Manager or Director of the area with responsibility for the circumstances that gave rise to the grievance
Mediation means processes that are designed to resolve a dispute by bringing together the people involved in the dispute to talk over their differences to try to reach a mutually acceptable resolution or settlement of the dispute; the processes are organised and facilitated by persons who are trained and experienced in dispute resolution and independent of the people involved in the dispute
Mediator means a person who organises and conducts mediation with respect to a grievance
“Notification” means the official notice provided to a student or provisional student (defined later) of the outcome of the student’s grievance or appeal, including any related decisions and the date from which the decisions take effect
Preventative action means action, resulting from decisions reached in favour of, or in support of, a student through grievance or appeal processes, that needs to be taken by the University in future to ensure quality or compliance in relation to specific matters
Respondent means a person or persons or body concerning whose actions or omissions or decisions a student has a grievance
Responsible Officer means a course or program co-ordinator, Head of School, Dean of Faculty, Student Counsellor, Manager or Director or other person identified by the Deputy Vice-Chancellor as having authority to attempt to resolve a student’s grievance through informal processes
Student means for the purposes of these procedures:
- a person who is currently enrolled in a degree program by the University, or a program offered by or through USC International or in a transition program or transition course offered by the University;
- an intending international student who has entered into a current written agreement with the University
Support person means a person other than a legal practitioner or a member of staff of the University identified by a student to accompany and assist the student in any meetings, hearings or interviews related to a student’s grievance or appeal
Advice to students
Principles and approach to student grievances and appeals
The broad principles and approach to student grievances and appeals at the University are provided in the University’s “Student Grievance and Appeals – Governing Policy”.
The policy provides for three broad levels of grievance-handling and explains the differences between the levels:
- at an informal level within the University
- at a formal level within the University
- at a formal level beyond the University.
Students are able to access processes at any of the three levels and may access processes at more than one level. (Refer to Figure 1 showing the processes.)
Students are advised to read the policy before taking any action under the procedures that follow.
Types of grievances and appeals
There are different types of grievances and appeals and these can relate to:
- Academic matters – for example, matters or decisions concerning academic progress, assessment, the content and structure of courses and programs, teaching, supervision of research students
- Administrative matters – for example, issues related to University facilities and resources, actions or decisions taken by staff or areas in applying non-academic University rules, policies and procedures
- Misbehaviour and misconduct – for example, unfair treatment, discrimination, harassment.
There are also different processes for different types of grievance and appeal. Processes for the following matters are not covered by the procedures in this document but are covered by the policies or procedures listed for that particular type of grievance/appeal:
- Admission to courses or programs (other than English Language Programs offered by USC International) – refer to the Admissions – Institutional Operating Policy
- Animal Ethics Committee – refer to Procedures for determining and acting on non-compliance with the Australian Code of Practice for the Care and Use of Animals for Scientific Purposes “Assessment in courses and programs (other than English Language Programs offered by USC International) – refer to the Assessment: Courses and Coursework programs – Governing Policy.
- Disciplinary action – for appeals against disciplinary decisions made under the Student Conduct and Discipline Policy refer to that Policy
- Enrolment in courses and programs (other than English Language Programs offered by USC International) – refer to the Academic Progress and Exclusion – Institutional Operating Policy
- Exclusion from a program (other than an English Language Program offered by USC International) – refer to the Academic Progress and Exclusion – Institutional Operating Policy or, in the case of exclusion on grounds of misconduct refer to the Student Conduct and Discipline Policy
- Human Research Ethics Committee – refer to the Research Misconduct Statement
- Misconduct by a student – refer to the Student Academic Misconduct – Institutional Operating Policy
- Progress in a program (other than an English Language Program offered by USC International) – refer to the Academic Progress and Exclusion – Institutional Operating Policy
- Unsatisfactory performance in a program (other than an English Language Program offered by USC International) – Academic Progress and Exclusion – Institutional Operating Policy
- Other research higher degree matters – refer to the Research Masters Degrees Governing Policy and the Doctoral Degrees Governing Policy
All other types of grievance or appeal are covered under the procedures in this document, including student grievances related to alleged discrimination and harassment.
Discrimination and harassment: Where a student has reason to believe that he or she has been subject to harassment or has been discriminated against on the grounds of the student’s gender, marital status, sexual preference, ethnicity, physical state or capacities, political or religious or cultural belief or activity, or similar grounds that relate to a personal attribute of that student, the student may lodge a grievance under the procedures that follow.
If a student’s grievance or allegation of harassment or discrimination is not resolved to the student’s satisfaction through any informal processes, then the next stage of the grievance-handling processes is usually a formal conciliation process.
Initiating action on a grievance or appeal
Before initiating action to lodge a grievance or appeal, students are encouraged to:
- seek confidential advice from Student Services, or USC International if they are international students, or another trusted source, so that they are aware of:
- the most appropriate processes for addressing their concern under relevant policies or procedures
- the need to present the concern or situation clearly and factually when lodging any grievance or appeal
- the implications of matters such as evidence, corroboration, confidentiality, information privacy and defamation, where these are relevant
- follow informal processes for grievance-handling before lodging any grievance under formal processes, where this is appropriate
- pursue other formal grievance-handling processes before lodging an internal appeal, where this is appropriate
- lodge an internal appeal before lodging any grievance or appeal with an external body.
Where several students have the same grievance
If several students have the same grievance, those students may act as a group in following informal grievance-handling processes as described in this document but each student must act individually if formal processes are to be followed: The formal processes do not provide for a grievance or appeal to be lodged by a group of students – each student will be required to lodge his/her own written formal grievance or appeal.
Right to be accompanied by a support person
A student has the right to be accompanied and assisted by a support person in any interview, meeting or hearing related to the student’s grievance or appeal, and the student should advise the person/s arranging the interview, meeting or hearing of the name of any support person who will accompany the student.
The support person cannot be a legal practitioner; and, except when informal processes are followed, the support person cannot be a member of staff of the University.
Mediation and conciliation of a grievance
Mediation and conciliation processes entail discussions and negotiations involving the student and other persons in trying to reach a mutually acceptable resolution of the student’s grievance. In these processes the people involved either reach an agreed outcome or do not reach an agreed outcome; there is no one person or body who makes a decision in relation to the grievance.
Usually, where agreement is reached through mediation the student and the other persons involved sign an agreement that documents the agreed outcome. If agreement is not reached through mediation the student may choose to follow other grievance-handling processes.
Usually, if conciliation processes are followed there is no written agreement concerning any outcome and the independent person conducting the conciliation advises the University only whether the issue was resolved or was not resolved to the satisfaction of the parties involved. No details of the issue discussed in the conciliation are recorded.
Anonymous grievances
For reasons of natural justice, anonymous grievances or complaints cannot be considered under the procedures that follow. However, if a student has reasonable grounds to believe that a person acting for, or on behalf of, or in a role associated with, the University has behaved in a way that is unlawful or prejudicial to the University or that endangers a member of the University community, the student may bring that matter to the confidential attention of a Head of School, Dean of Faculty, or Manager or Director of an administrative or service area. Further inquiry into allegations will be made if the issues raised are serious and sufficient information is provided.
Figure 1: Grievance and appeal processes
You may start the grievance and appeal process at any of points 1, 2, 3 and 4B but cannot enter point 4A before entering at point 3. If your grievance is not settled at a particular point you can then take any of the next stages as indicated by the arrows.
Procedures for students
1. Informal grievance-handling processes
[Note: Informal processes cannot be followed if a student has lodged a grievance in writing. Once a grievance has been put in writing and submitted to the University it must be dealt with according to formal grievance processes.]
1.1 A student (or group of students) with a grievance may do any but not more than two of the following:
(a) where the grievance relates to a decision made by, or something done or not done by, a staff member or other person acting for the University or on the University’s behalf, make an appointment with that staff member or person in order to discuss the matter and try to reach a mutually acceptable outcome of the matter;
(b) make an appointment with another staff member in order to advise that staff member about the grievance and, if the staff member agrees, discuss the matter;
(c) make an appointment with an appropriate Responsible Officer (refer to definitions) to discuss the grievance.
1.2 If the request for an appointment is made by e-mail, the student/s should outline the broad reason for seeking the appointment, but not provide specific details of the particular grievance since putting the details of the grievance in writing would require the grievance to be handled under formal processes.
1.3 A student or group of students may be accompanied and assisted by one support person during any meeting that forms part of informal grievance processes and should, in advance of each meeting, advise the person arranging the meeting of the name of any support person who will be accompanying the student/s.
1.4 If a student believes that the informal grievance-handling processes have not adequately addressed the student’s grievance:
- the student may lodge a grievance under the formal grievance-handling processes; or
- where the grievance relates to a decision affecting the student, lodge an appeal under internal or external appeal processes (these are outlined).
(The procedures the University will follow for informal grievance-handling are outlined in the Student Grievances and Appeals – Procedures and Guidelines for Staff)
2. Formal grievance-handling processes
2.1 There are two pathways open to a student who wishes to pursue formal processes for addressing a grievance within the University:
(a) local level grievance – lodge a written grievance with the Head of School, Dean of Faculty, Manager or Director of the area with responsibility for the circumstances that gave rise to the grievance (the Responsible Officer);
(b) higher level grievance – lodge a written grievance with the Director, Student Services.
2.2 Where a student’s grievance arises in response to an official notification informing the student of a decision of the University that affects the student, the written grievance is a higher level grievance and must be lodged with the Director, Student Services.
2.3 Local level grievance
2.3.1 A student with a grievance at the local level and who wishes to pursue formal processes for addressing the grievance within the University will:
(a) lodge with the Head of School, Dean of Faculty, Manager or Director of the area with responsibility for the circumstances that gave rise to the grievance (the Responsible Officer) a formal written grievance that:
(i) is dated and signed by the student;
(ii) identifies the student and any respondent/s (refer to definitions);
(iii) provides the student’s contact details;
(iv) provides details of the grievance;
(v) is clearly marked “Confidential”; and
(b) if the student is an international student, inform the Student Services Co-ordinator, USC International, that the student is pursuing internal grievance processes. The student does not need to give any details of the grievance.
2.3.2 The Responsible Officer may, depending on the nature or substance of the grievance, contact the student in order to do any of the following:
- clarify the grievance; or
- advise of an alternative process that applies to, or must be followed with respect to, the particular type of grievance; or
- make an appointment to discuss the matter with the student and advise the student that he or she is entitled to be accompanied and assisted by a support person in presenting his or her case at that meeting; or
- advise in writing of any corrective action to be taken immediately to address the student’s grievance; or
- advise in writing that, in the Responsible Officer’s view, there are no grounds for the grievance owing to a specific approved and documented University rule, policy or procedure having been followed in relation to the matter but that the student has the right to lodge a higher level grievance or an appeal with the Director, Student Services in relation to the matter.
2.3.3 Regardless of the approach taken by a Responsible Officer, the student will be advised in writing by that Officer of the action taken in relation to the grievance, of any outcome and the reasons for the outcome within 10 days of the decision/s being made by the Responsible Officer.
2.3.4 If, after the above formal grievance-handling processes, an international student believes that the matter has been resolved to the student’s satisfaction the student should advise the Student Services Co-ordinator, USC International, of this.
2.4 Higher level grievance
2.4.1 A student with a grievance who wishes to pursue formal processes for addressing the grievance at the higher level within the University must:
(a) lodge with the Director, Student Services a formal written grievance that:
(i) is dated and signed by the student;
(ii) identifies the student and any respondent/s (refer to definitions);
(iii) provides the student’s contact details;
(iv) provides details of the grievance;
(v) is clearly marked “Confidential”;
(b) lodge the grievance by the time specified in any notification to the student for lodging a grievance in relation to a decision of the University (usually this is within 20 days of the notification date); and
(c) if the student is an international student, inform the Student Services Co-ordinator, USC International , that the student is pursuing internal grievance processes. The student does not need to give any details of the grievance.
2.4.2 The student may be contacted by the Director, Student Services in order to clarify the grievance or to advise of any particular process that applies to, or must be followed with respect to, the particular type of grievance.
2.4.3 The grievance will be referred by the Director, Student Services to the Deputy Vice-Chancellor who:
(a) may, depending on the nature or substance of the grievance:
- seek the student’s agreement to participate in mediation or conciliation of the grievance; or
- request or direct the University to undertake a review of a decision that resulted in the grievance; or
- initiate an investigation in relation to the grievance; or
- determine that, in light of any previous grievance resolution processes in relation to the particular grievance, the student should lodge an internal or external appeal in order to expedite a final decision the matter; and
(b) will advise the student of the process adopted for handling the grievance.
2.4.4 If a review of decision or an investigation is undertaken in relation to the grievance, the student will:
(a) be able to present his or her case in the review or investigation;
(b) be entitled to be accompanied and assisted by a support person in any interviews, or meetings or hearings; and
(c) be advised in writing of the outcome.
2.4.5 Where mediation or conciliation is to be arranged, the Director, Student Services will liaise with the student concerning the arrangements, and on conclusion of the mediation or conciliation the Deputy Vice-Chancellor will contact the student and, if appropriate, provide information on other formal grievance or appeal processes that the student is able to pursue.
2.4.6 If, after the above formal grievance-handling processes, an international student believes that the matter has been resolved to the student’s satisfaction the student should advise the Student Services Co-ordinator, USC International, of this.
2.4.7 If a student believes that formal internal grievance-handling processes have not adequately addressed that student’s grievance in relation to a decision affecting the student, the student may lodge an appeal under internal or external appeal processes.
(The procedures followed by the University for formal grievance-handling processes are detailed in the Student Grievances and Appeals – Procedures and Guidelines for Staff).
3. Formal processes for internal appeals
3.1 A student who wishes to pursue formal internal appeal processes concerning a decision that affects the student (whether the decision was the result of the outcome of informal or formal grievance-handling processes or otherwise) must:
(a) within 20 working days of notification of the decision lodge a formal written appeal against the decision; and
(b) lodge that appeal with the Director, Student Services.
3.2 The written appeal lodged by the student must:
(a) be dated and signed by the student;
(b) identify the student;
(c) provide the student’s contact details;
(d) provide details of the decision against which the appeal is being made;
(e) provide summary information outlining the student’s case for lodging the appeal;
(f) identify any supporting information or evidence that the student will be able to provide in support of his/her case during the appeal process; and
(g) be clearly marked “Confidential”.
3.3 If the student is an international student, the student should inform the Student Services Co-ordinator, USC International, that the student is lodging an internal appeal. The student does not need to give any details of the basis for the appeal.
3.4 The internal appeal will be heard by the Student Grievance Appeals Committee unless other University policies or procedures or a set of University Rules stipulate that another appeal body must hear appeals of the type lodged by the student.
3.5 The Director, Student Services will liaise with the student concerning arrangements for the appeal.
3.6 The student will:
(a) be able to present his or her case in the appeal;
(b) be entitled to be accompanied and assisted by a support person in the appeal hearing; and
(c) be advised in writing of the outcome of the appeal and of possibilities for external mediation (refer to definitions) or avenues for external appeal if the student is not satisfied with the outcome.
3.7 If, after any appeal, an international student believes that the matter has been resolved to the student’s satisfaction the student should advise the Student Services Co-ordinator, USC International, of this.
(The procedures followed by the University for internal appeal processes are detailed in the Student Grievances and Appeals – Procedures and Guidelines for Staff).
4. External mediation or appeal processes
4.1.1 If a student is dissatisfied with the outcome of internal appeal processes, the student may make a written request to the Director, Student Services for the University to arrange independent external mediation in an attempt to resolve the matter.
4.1.2 The request for external mediation must be lodged with the Director, Student Services within 10 working days of the student being notified of the outcome of the relevant appeal; and, if the student is an international student, the student should advise the Student Services Co-ordinator, USC International, that the student is requesting external mediation of a dispute. The student does not have to provide details of the dispute to the Co-ordinator.
4.1.3 The Director, Student Services will judge whether external mediation is appropriate for the student’s dispute and will advise the student about this within five (5) working days of receiving the student’s request.
4.1.4 If the Director, Student Services judges that external mediation is appropriate, the Director will liaise with an appropriate external mediation service , the student and any respondent/s (refer to definitions) in relation to arrangements for the mediation.
(The procedures followed by the University for external mediation processes are detailed in The Student Grievances and Appeals – Procedures and Guidelines for Staff).
4.2.1 A student who is dissatisfied with the outcome or conduct of internal University grievance or appeal processes may lodge an appeal with an appropriate external body.
4.2.2 A student may lodge an appeal with an appropriate external body at any time but is encouraged to pursue internal grievance-handling and appeal processes before lodging any external appeal.
4.2.3 Information on different external bodies with whom a student may lodge an external appeal is provided as an attachment to these procedures.
4.2.4 A student who holds a student visa and who lodges an external appeal must:
(a) within 10 days of notification of the outcome of any internal grievance or appeal processes provide the Student Services Co-ordinator, USC International with evidence of having accessed an external appeal process; and
(b) within 28 days of notification of the outcome of any internal grievance or appeal processes provide the Australian Department of Immigration and Citizenship (or any successor department) with evidence of having accessed an external appeals process.
Bodies with whom a student may lodge an external appeal
The Queensland Ombudsman – regarding administrative acts and decisions of the University. Complaints may be lodged online
Website: http://www.ombudsman.qld.gov.au/cms/
Tel: 1800 068 908 (toll free number within Australia)
The Small Claims Tribunal – where a dispute involves student fees, and the total amount is less than $7500.
Website: http://www.justice.qld.gov.au/courts/factsht/C07SmallClaims.htm
Tel: +61 7 3247 4578
The Anti-Discrimination Commission (Queensland) – regarding equality
of opportunity and unlawful discrimination, for example, owing to disability, gender, religious belief, or family responsibilities.
Website: http://www.adcq.qld.gov.au
Tel: 1300 130 670 or Teletypewriter: 1300 130 680 (toll free number within Australia)
Students have the right to pursue other legal remedies, including action through the District, Magistrates and Supreme Court (refer to the website at http://www.courts.qld.gov.au/)
or the Federal Court (refer to the website at http://www.fedcourt.gov.au/)
Other bodies with whom an international student may lodge an appeal
If international students are dissatisfied with the University’s complaints and appeals process they can contact the Department of Education, Employment and Workplace Relations (DEEWR) through the ESOS mailbox by e-mailing esosmailboxdeewr.gov.au or phoning the ESOS helpline on Tel: +61 2 6240 5069.
(DEEWR will only look at whether the University’s appeals process met the requirements of the “National Code of Practice for Registration Authorities and Providers of Education and Training to Overseas Students” and will only intervene where the appeals process was not conducted correctly or if the University did not make the appeals process available to the student. DEEWR will not be looking at whether the outcome of a properly conducted appeal process was right or wrong.)
International students may also approach the State Authority for CRICOS Registration. In Queensland this is the Department of Education. Concerns should be addressed in writing to The Manager, CRICOS Registration, Office of Non-State Education, Queensland Department of Education, PO Box 15033, City East, QLD 4002.
International students have the right to take action under Australia’s consumer protection laws in the case of financial disputes, including through the Australian Competition and Consumer Commission. Refer to the website at http://www.australia.gov.au/28
External mediation services
The Dispute Resolution Branch, Queensland Department of Justice and Attorney-General
Website: http://www.justice.qld.gov.au/mediation/home.htm
Tel: 1800 017 288 (toll free number within Australia)
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