Responsible officer: Deputy Vice-Chancellor
Designated officer: Director, Student Services
Approval authority: Council
Approval: 30 October 2007
Last amended: C09/99, 8 December 2009
Effective starting date: 31 October 2007
Any policies replaced by this policy: Student Grievance Policy (C01/69)
Policy number: G7
Related policies:

• Academic Progress and Exclusion - Institutional Operating Policy
• Admissions - Institutional Operating Policy
• Assessment: Courses and Coursework Programs - Governing Policy
• Discrimination and Harassment - Governing Policy
• Student Academic Integrity - Governing Policy
• Student Conduct and Discipline Policy
• Student Fees and Charges Policy

Related procedures:

• Student Grievances and Appeals – Procedures and Guidelines for Students
• Student Grievances and Appeals - Procedures and Guidelines for Staff
• Assessment: Courses and Coursework Programs - Procedures 
• Student Fees, Charges and Refunds Procedures
• procedures for handling grievances related to procedures or decisions of any university ethics committee, and irreconcilable differences between any university ethics committee and the institution or a researcher or a teacher of a member of any university ethics committee
• procedures for determining and acting on non-compliance with the Australian code of practice for the care and use of animals for scientific purposes

Due date for next review: 29 October 2012

Part A: Preliminary

1. Purpose of policy

The following policy is intended to provide a framework for addressing and resolving students’ grievances.

2. Application of policy

2.1 This policy applies to all staff, students and agents of the University and members of University decision-making bodies.

2.2 The principles and requirements provided in this policy apply in relation to all student complaints, grievances and appeals; however the related “Student Grievances and Appeals – Procedures and Guidelines” do not apply to some specific types of grievance or appeal.

2.3 There are different processes for some kinds of grievances and appeals depending on the nature of, or specific legislative or compliance requirements for, those different types of grievance. For that reason, the procedures associated with this policy will identify those matters or issues that are covered by alternate procedures.

3. Definitions

In this policy the following definitions apply:

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

Appellant means a student who has lodged an appeal

Complainant means a student who has lodged a grievance concerning:

• any matter in the control of the University that affects the student in his/her capacity as a student; or
• concerning 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

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

Cost centre manager means the most senior officer or member of staff responsible for the management of a faculty or a management or support service or administrative area or sub-section of which that is specifically identified for allocation of funding within the University budget
 
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

(* Allegations of misconduct by a student should be made according to the Student Conduct and Discipline - Governing Policy.)

Informal process means 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

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
 
Natural justice means that persons whose interests are likely to be affected by a decision will, before any decision is made, be informed of the matters about which a decision is to be made and be able to present their case to the persons who will make the decision; and that the decision-makers in the matter will act with integrity, in good faith and without bias in hearing the matter and making their decision

Notification means the official dated notice provided to a student or provisional student (defined later) that advises of the outcome of the student’s grievance or appeal, including any related decisions

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

Provisional student means, only for the purposes of this policy:

• a person who is eligible to lodge a grievance or appeal, under relevant procedures for lodging an internal grievance or appeal, concerning or related to the restriction, suspension, cancellation or termination of that person’s enrolment as a student; or
• a person who has lodged a grievance or appeal, consistent with relevant procedures for lodging an internal grievance or appeal, concerning or related to the restriction, suspension, cancellation or termination of that person’s enrolment as a student and who is awaiting the outcome of the grievance or appeal processes; or
• a person who has provided the University with evidence that the person has lodged an external appeal concerning or related to the University’s restriction, suspension, cancellation or termination of that person’s enrolment as a student and whom the University chooses to identify as a “provisional student” until completion of that specific external appeal

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 complainant or appellant to accompany and assist the student in any meetings, hearings or interviews related to a student’s grievance or appeal.

Part B: Policy

4. Range of approaches to addressing students’ grievances

4.1 Depending on the nature of, or specific legislative or compliance requirements for, different types of grievances there is need for a range of different approaches and processes for different kinds of grievances and appeals; within that context, this policy provides a common framework for addressing and resolving students’ grievances.

5. Student Grievance and Appeals Framework

5.1 A student has the right to:

(a) question, dispute or lodge a grievance concerning any matter in the control of the University that affects the student in his/her capacity as a student; and

(b) lodge a grievance or appeal concerning 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.

5.2 A student will exercise that right consistent with this policy and as elaborated in related procedures and guidelines, or, where applicable, according to other policy of the University, and the processes documented in related procedures or guidelines, or in any set of University rules.

5.3 Students will have opportunity to access grievance resolution processes that are internal to the University, including informal and formal processes, and there will be three broad means for internally addressing students’ grievances:

(a) informal processes which are intended, through direct discussions, to enable resolution of a student’s concern with minimal delay and minimal administrative formality in cases where a student has not lodged a written grievance;

(b) formal processes* (which may include appeal processes) in relation to a student’s grievance that is submitted in writing and which are intended either:

• to result in resolution of a dispute or allegation through mediation or conciliation; or
• to result in a formal decision or determination, and which may include reviews of decisions, investigations, conduct of formal hearings and issue of formal decisions that may or may not support the student and that may include actions required to be taken by the University;

(* Normally, student grievances would proceed to this level only if the student's concern was not resolved to the student's satisfaction through the informal processes.)

(c) internal appeal processes where the formal process for a particular type of grievance is restricted to an appeal or where a student who is not satisfied with the outcome or conduct of previous internal grievance processes lodges a written appeal in relation to the matter, and which may:

(i) involve reconsideration of any decision made under the formal processes or an investigation of whether the University had followed its own policies, rules and procedures in handling the student’s grievance; and

(ii) lead to the confirmation, amendment or reversal of any decision reached in the formal processes, or instructions to the University to take any corrective and any other required action, including with respect to the student’s grievance.

5.4 Persons or bodies involved in making a decision in relation to a grievance or appeal lodged by a student and that is dealt with internally by the University will:

(a) act consistent with principles of natural justice; and

(b) reach decisions that are consistent and equitable in like cases.

5.5 Personal information concerning a student complainant or appellant that may be required for the purposes of addressing the student’s grievance or appeal will be regarded as confidential information and will be disclosed by the University:

(a) to the person or group of persons or body hearing or acting upon a grievance or appeal on a need-to-know basis only; and

(b) to any external person or group of persons or body hearing a grievance or appeal only with the express permission of the Deputy Vice-Chancellor.

5.6 Internal grievance handling and appeals processes will commence within 10 working days of a student’s lodgement of a grievance or appeal and any associated supporting information.

5.7 Grievance handling and appeals process will be completed within a reasonable timeframe that takes into account such matters as severity, urgency, safety, implications for a student’s subsequent study and conditions applying to a student’s visa.

5.8 In the event that a student complainant or appellant is dissatisfied with the outcome or conduct of internal grievance handling or appeals processes, the University will, at no cost to the student:

(a) provide the student with information on how to pursue the matter through appropriate external appeal processes which may, depending on the type of grievance, include external independent mediation*; or

(b) refer the student to an external appeal body appropriate to handle the student’s particular grievance.

(* External mediation is not appropriate in situations where a dispute revolves around whether or not the University had followed its own rules, policies and procedures.)

5.9 The methods available to students for external handling of grievances and appeals will include opportunity for:

(a) independent external mediation that is intended to reach a resolution of the matter under dispute that is acceptable to both the student and the University and which will usually follow internal appeal processes when a student appellant is not satisfied with, or disputes the findings or decisions resulting from an appeal; and

(b) appeal by a student to an appropriate external body.

5.10 The University will ensure that any person, group of persons or body that hears a grievance or appeal lodged by a student as part of an external appeals process is independent of, and wholly external to, the University and the student by–

(a) being separated in structure from the University and any other party with an interest in the process;

(b) having no personal or professional interest in the outcome;

(c) being financially and administratively independent of the University, and not comprising any members of the Council or staff or agents of the University; and

(d) being satisfied with the impartiality of the process and that the procedures used are fair and open.

5.11 A student will be provided with opportunity to:

(a) present his or her case in any grievance handling or appeals process at no charge to the student in the case of internal processes; and

(b) be accompanied and assisted by a support person at any relevant meetings, hearings and interviews including any conducted by video or audio link.

5.12 Where internal or external grievance or appeal processes result in decisions that are in favour of, or that support, a student complainant or appellant:

(a) the complainant or appellant will be advised of the findings or decisions immediately;

(b) the decisions will be implemented immediately;

(c) any corrective action in relation to the student’s situation that is required to be taken by the University will be undertaken immediately; and

(d) any activities that are required to be taken by the University in order to improve or rectify future actions or processes will be initiated.

5.13 Students will be advised as part of their Orientation or Induction Program, or similar, of the grievance and appeal processes that apply to them and will be provided with, or advised on how to access, all information concerning the relevant grievance and appeal processes, including under this or any other policy of the University or any set of University rules and any associated procedures and guidelines*.

(*This information may be made available in printed documents or through the University website or student portal.)

5.14 The information provided to students under item 5.13 will also include:

(a) advice that students are encouraged, in the first instance, to pursue the internal informal grievance processes as provided in any relevant policy, code or set of rules and procedures before lodging any formal grievance since this may result in relatively quick and easy resolution of the student’s concern, except where the grievance relates to any refund of fees or restriction, suspension, cancellation or termination of enrolment, or expulsion from the University, in which case formal processes should be followed;

(b) advice concerning:

(i) a student’s right to access external appeals processes if the student is not satisfied with the result or conduct of the internal grievance handling and appeals process;

(ii) any relevant external mediation or conciliation services that may be available to assist in reaching a mediated or conciliated resolution of the student’s grievance; and

(iii) relevant external complaint or appeal bodies with whom a student may lodge a grievance in relation to specific types of grievance; and

(c) advice that, usually the purpose of an external appeals process is to consider whether the University has followed its own policies, rules and procedures, including in handling a student’s grievance or appeal – it is not to make a decision in place of the University.

5.15 At the conclusion of any formal grievance handling or appeal process, the student complainant or appellant and all other parties involved will be provided with a written statement of the outcome of the process, including details of the reasons for the outcome (except in the case of mediated or conciliated outcomes) and any actions that the University may be required or has agreed to take.

5.16 The University will periodically seek feedback on satisfaction with grievance and appeals processes from complainants, appellants and persons and bodies involved in addressing students’ grievances and use that information for quality review and improvement purposes.

6. Students’ status during internal grievance handling and appeals processes

6.1 Where the University has made a decision to restrict, suspend, cancel or terminate the enrolment of a student, the person whose enrolment was restricted, suspended, cancelled or terminated will have the right to lodge a formal internal grievance or appeal against the decision and, provided that any such grievance or appeal is lodged in accordance with the relevant procedures for that type of grievance or appeal, the person concerned will be regarded as a “provisional student”.

6.2 Where an appeal or grievance has been lodged by a “provisional student”, the University:

(a) will refrain from advising any relevant Commonwealth or State Government department of the decision to restrict, suspend, cancel or terminate the individual’s enrolment until completion of the internal grievance or appeal process;

(b) will only advise any relevant Commonwealth or State Government department of the decision to restrict, suspend, cancel or terminate the individual’s enrolment if that decision is subsequently upheld on conclusion of the internal grievance or appeal processes; and

(c) depending on the circumstances of the particular case, may or may not choose to continue to provide learning opportunities for the “provisional student” until completion of the internal grievance or appeals processes subject to any conditions that the University may prescribe.

6.3 No change will be made to the enrolment status of a student, other than as provided in 6.1 above, by virtue of his/her lodgement of an internal grievance or appeal.

7. Students’ status during external grievance handling and appeals processes

7.1 Where the University’s internal grievance or appeals processes uphold a decision to restrict, suspend, cancel or terminate the enrolment of a student, and the person concerned subsequently provides the University with evidence, within 10 days of notification of the outcome of the grievance or appeal, of having lodged a grievance or appeal with an external appeal body concerning that outcome, the University may choose to regard the person as a “provisional student” until completion of one (and one only) external appeals process but may not exercise this option where the enrolment was suspended, cancelled or terminated for reasons related to behaviour by the student that was assessed as an unacceptable risk or threat to the University or any member of the University population.

8. Appointment of appeals committees

8.1 The Vice-Chancellor and President will call for annual expressions of interest for the Appeals Committee Membership Pool, with positions effective from 1 July each year. Council will approve a pool of nominees to serve on committees considering appeals including exclusions, academic misconduct, and general misconduct matters.

8.2 The student appeals committees will consist of:

(a) a Chairperson, who may or may not be a member of the Council; and
(b) a student of the University; and
(c) an appropriate staff member of the University.
(d) The committee may also include suitably qualified professional assistance if required.

8.3 The Vice-Chancellor will appoint a person to act as secretary for each matter considered by the appeals committees.

8.4 A quorum for meetings of the committee will be the Chairperson, the student member, and the staff member.

9. Indemnity

9.1 A guarantee will be given by the University to a person who diligently undertakes a role for or on behalf of the University in relation to the implementation of this policy, and the University will not hold that particular person responsible or liable in whole or part for any damages awarded against the person or the University in relation to an act, error or omission committed by the person in the conduct of that role. It will also cover the person’s costs and expenses in defending any claims arising from the diligent exercise of that role.

10. Record-keeping

10.1 For each formal student grievance or appeal, the following records will be included in the official confidential student file of the complainant or appellant:

(a) a written record of the student’s grievance or appeal;

(b) complete records of processes related to the addressing of an internal grievance or appeal lodged by a student, and evidence of any externally lodged grievance or appeal;

(c) copies of all correspondence to and from the student, including e-mail, concerning any internal grievance or appeal;

(d) a written record of the outcome of any grievance or appeal, whether internally or externally handled, including the reasons for any decisions reached (except in the case of mediated or conciliated grievances), and of any corrective or preventative actions needing or agreed to be taken by the University; and

(e) evidence of any corrective or preventative actions taken by the University in response to the grievance or appeal.

10.2 For the purposes of ensuring equitable treatment of student complainants or appellants in like cases and for quality reviews and improvement, the University will establish and maintain a Grievance Precedents Register (or set of registers) that records summary de-identified information on formal grievances and appeals and the related outcomes, and corrective and preventative actions.
 

11. Accountabilities and responsibilities

11.1. The Vice-Chancellor is accountable to Council for the quality of the University’s student grievance-handling and appeals processes and the University’s performance in those processes.

11.2 The Deputy Vice-Chancellor is responsible, and accountable to the Vice-Chancellor, for guiding the overall development of University’s student grievance and appeals policy and processes.

11.3 The Director, Student Services is responsible, and accountable to the Deputy Vice-Chancellor, for operational development, implementation, monitoring and review of the University’s student grievance and appeals processes.

11.4 Cost centre managers, depending on their lines of reporting, are responsible and accountable to the Vice-Chancellor or the Deputy Vice-Chancellor or the Pro Vice-Chancellors, for implementation of policy and procedures related to student grievances and appeals within the organisational unit/s or any University-wide functional areas that they may lead.

11.5 Each employee of the University community, through any supervisor, is responsible, and accountable to the relevant cost centre manager, for acting in accordance with the University’s student grievance and appeals processes.

11.6 Persons external to the University who participate in any University grievance or appeal hearing have a responsibility to act in accordance with the University’s student grievance and appeals processes.

11.7 Students have a responsibility to familiarise themselves with the University’s student grievance and appeals processes and act in accordance with those processes in lodging and pursuing any grievance or appeal.

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