Principles and procedures for the consideration of student complaints

What's related > Service complaints

Section One

Principles for Complaints Management

1.

The School is committed to providing a high quality of education and service to its students. These procedures are a part of the School's commitment to responding to students' complaints.

2.

A distinction is drawn between Academic and Service Complaints:

2.1

Academic complaints relate to issues that have a direct effect on the provision of teaching, learning, research and supervision to students of the School.

2.2

Service Complaints pertain to issues connected with services, not directly related to the School's core provision of teaching, learning, research and supervision.

3.

The following principles will govern the submission and investigation of academic complaints from students:

3.1

Departmental resolution:
Student complaints should initially be raised at departmental level, which includes the Deans of Undergraduate and Graduate Studies, and the Associate Dean for the General Course. If a complaint cannot be resolved at departmental level there are specific procedures that will allow for resolution at a higher level (see Paragraph 18 of Section Two).

3.2

Confidentiality:
Privacy and confidentiality will be assured in the School's handling of student complaints unless disclosure is necessary to progress the complaint or appeal, in which case the complainant will be notified in advance of the disclosure.

3.3

Protection:
The School will take necessary action to avoid the victimisation of all parties involved in a complaint.

3.4

Frivolous or malicious complaints:
If a complaint is considered to be frivolous (unfounded, trivial and persistent) or malicious (with vindictive motivation), the complainant may be liable for disciplinary action.

3.5

Method:
The School will endeavour to pursue all complaints sensitively and expeditiously.

3.6

Equal Opportunities:
All complaints will be considered on their individual merits and in accordance with the School's equal opportunities policy. All complainants will be treated equally.

4.

The School has a number of procedures and Codes of Practice and will refer complaints made under one procedure for consideration under a different procedure when appropriate. Student complainants will not be able to rely upon a decision made under one set of regulations to appeal against a decision that has been reached under another set of regulations.

5.

Informal advice on the complaints regulations and appeals procedures may be obtained from the following sources:

5.1

Student Services Centre

5.2

Departmental Tutor /Departmental Convener

5.3

Dean of Graduate/Undergraduate Studies

5.4

Students' Union

5.5

Adviser to Women Students

5.6

Adviser to Students with Disabilities

5.7

Wardens of halls of residence

6.

Informal advice on service complaints can also be obtained from the respective Divisions of which a complaint concerns.

Section Two

Procedure for the Consideration of Complaints from Students on Academic Matters

Note: The procedure does not apply to matters arising from the results of assessment, which are governed by the Regulations for the consideration of appeals against decisions of boards of examiners for taught courses. Research students wanting to appeal against the result of an assessment should use the appeal process in the School's Research Degree Regulations. When a complaint is received by the School, consideration will also be given to whether it should be referred to more appropriate procedures (eg staff disciplinary or anti-harassment procedures).

General

7.

The School will consider complaints from students of the School, if notice is given within 3 months of the incident occurring. Generally, the School will not consider matters raised outside of this period or by individuals no longer pursuing a course of study at the institution, nor matters raised anonymously or via third parties.

8.

Complaints will be considered and addressed with appropriate privacy and confidentiality. However, in order to properly investigate and consider some complaints, disclosure is necessary. In such cases, the complainant will normally be notified in advance of the disclosure.

9.

Where a complaint raises issues that may be addressed under other procedures of the School (for example staff performance, discipline or health), the Secretary and Director of Administration (hereafter 'the Secretary') may direct that any factual issues, and in exceptional cases the complaint itself, shall be addressed under those other procedures. Allegations of harassment will normally be referred to the School's Procedure for considering allegations of harassment involving students

10.

Any deviation from this procedure shall not invalidate any outcome, unless the fairness of the proceedings is compromised.

11.

Where a complaint is made about a post holder whose position is named as being required to carry out actions in this procedure, the Director (or if the Director is the subject of complaint another senior post holder) will identify an alternative to that post holder.

12.

The School will permit a complainant to be accompanied through each stage of the procedure where the regulations permit the student to be present. However, it should be noted that unless stated otherwise those accompanying complainants do so as observers and may not be legal advisers.

13.

If a case reaches the stage of an internal formal hearing by a Grievance Committee, those accompanying the complainant may then attend as the complainant's representative, upon written notice being given in advance of the hearing as specified below.

14.

If, having been given reasonable notice of the date, time and location of a formal hearing, the complainant is unable to attend, the School reserves the right to hear the matter in the complainant's absence. The complainant may submit written submissions or, where the Regulations allow, appoint a representative to speak on his or her behalf. Where exceptional circumstances delay the meeting of the Grievance Committee, such delay will not exceed three months and at the expiry of that period the Committee will hear the matter in the complainant's absence.

15.

This procedure has a mechanism for appealing against decisions as specified below. The final internal level of appeal is reviewed by the Director. If still dissatisfied, the student may then refer an issue to the Office of the Independent Adjudicator for Higher Education.

16.

Where any part of a complaint is upheld, the School will ensure that appropriate remedial action is taken. A student whose complaint is upheld has no entitlement to reimbursement of any costs. However, the School may decide to reimburse the student's reasonable incidental costs. Only in the most exceptional of circumstances will the School consider meeting a student's legal costs or other costs of representation.

17.

Students will be given an explanation for delays that result in the time limits referred to by the regulations being exceeded. Students should note that unjustified delay by them in complying with time limits can be taken into account and may result in their complaint being dismissed in whole or in part.

Departmental Resolution

18.

A student who is dissatisfied with an academic matter should first raise the issue at a local level within the department or institute concerned as soon as possible ("departmental resolution").

18.1

If an undergraduate, the student should address the matter with his/her Tutor, Departmental Tutor, Departmental Convener or the Dean of Undergraduate Studies as appropriate.

18.2

If a graduate student, the student should address the matter with his/her Supervisor, Tutor, Programme Director, Research Student Tutor, Departmental Convener or Dean of Graduate Studies, as appropriate.

19.

Where under paragraph 23.1 below it is directed that the student should raise the matter at departmental level, the student may only refuse to do so with good reason and must inform the Secretary of that reason. If the Secretary considers that the reason is not adequate, s/he should inform the student that unless the matter is raised for departmental resolution, the School will not consider the complaint further.

20.

The student may appeal against the Secretary's decision to refer the matter to resolution at departmental level in writing to a Pro-Director. Such an appeal should be made within seven working days of the notification of the Secretary's decision under paragraph 23.1. The Pro-Director will review the Secretary's decision and either uphold it (in which case there is no further appeal) or substitute another option as if under paragraph 23.

Making a Formal Complaint/Starting the Procedure

21.

A student who wishes to submit a formal complaint shall give written notice to the Secretary within 3 months of the date of the incident. The Secretary will not normally consider notices received after this 3 month period. The notice shall explain the grounds for complaint and refer to any supporting evidence. A notice submitted after the student has ceased registration will not normally be considered.

22.

The Secretary or his/her nominee will consider the complaint and decide how it is to be investigated and considered. The Secretary may consult with the Human Resources Director where the complaint involves a member of School staff.

23.

Having considered the complaint, the Secretary may exercise the following options:

23.1

Direct the student to raise the complaint at departmental level under paragraph 18.

23.2

Suggest informal means to address the complaint, including but not limited to mediation. If the Secretary proposes this option, s/he must request the student's written agreement within a period not exceeding 14 days. If the student does not respond, the Secretary will consider other options under paragraph 23. The student's refusal to agree to an informal resolution will not be taken into account.

23.3

If there are matters raised by the complaint that ought properly be investigated under another of the School's procedures, the Secretary may refer the matter(s) to those other procedures.

23.4

Appoint a named person to investigate the complaint.

23.5

If the Secretary is satisfied that the complaint raises no issue for investigation, dismiss the complaint. If dismissing the complaint, the Secretary shall write to the student giving reasons for dismissing the complaint. The student may appeal against the decision to dismiss his/her complaint (see paragraph 26 below).

23.6

The Secretary may further refer the student under the Disciplinary Regulations if s/he considers the complaint to be frivolous or malicious.

24.

The Secretary will write to the student to inform him/her of the decision normally within 28 days of receiving the complaint.

Summary Process

25.

Where the complaint is investigated under paragraph 23.4, the named investigator will submit a written report of his/her findings to the Secretary, who will then consider the following options:

25.1

If the complaint has not previously been raised at departmental level (paragraph 18), the Secretary may direct that the student do so.

25.2

The Secretary may suggest informal means to address the complaint, including, but not limited to mediation.

25.3

If the Secretary is satisfied there are issues that ought properly to be addressed under another of the School's procedures, s/he may refer the matter(s) to those other procedures.

25.4

If the Secretary is satisfied there is no substance to the complaint, s/he will dismiss the complaint and inform the student in writing. The Secretary may refer the student under the Disciplinary Regulations if s/he considers the complaint to be frivolous or malicious.

25.5

If, as a result of the investigation the Secretary is satisfied that there is substance to the complaint s/he may:

25.5.1

Uphold the complaint and specify the remedial action to be taken (if any) or

25.5.2

Refer the complaint for formal consideration by a Grievance Committee.

26.

Where the Secretary either dismisses the complaint under paragraphs 23.5 or 25.4, or upholds the complaint and determines a remedy under paragraph 25.5, the student may appeal in writing to a pro-Director. Such an appeal should be made within 7 working days of the notification of the Secretary's decision. The Pro-Director will reconsider the complaint under paragraph 25 as appropriate. Following reconsideration of the complaint, the Pro-Director will write to the student to convey, and giving reasons for, his/her decision and to inform the student of his/her right to appeal to the Independent Adjudicator for Higher Education (see paragraph 46 below).

Grievance Committee Process

27.

If the Secretary or a Pro-Director directs that a Grievance Committee is to consider a complaint, s/he will normally appoint a person from the Secretary's Division who has had no previous dealings with the matter to act as Clerk to the Committee. The Clerk shall carry out such acts as are necessary to establish and to facilitate the operation of the Committee.

28.

The Clerk shall notify the student in writing of:

28.1

the identities of the members of the Grievance Committee and the student's right to object to a member under paragraph 37 below.

28.2

the date and venue of the Grievance Committee meeting.

28.3

his/her right to be heard by the Committee and to present evidence to the Committee.

28.4

the identity and/or location in the School of the person responding to the complaint on behalf of the School.

28.5

any dates by which the student and/or the School shall have carried out certain tasks, including the provision of any documents.

28.6

his/her and the School's right to call and question witnesses.

29.

If at any hearing before the Committee the student or the person responding on behalf of the School wish to be accompanied or represented by another person, notice should be given to the Clerk and the other party at least 7 working days in advance. The notice should state the identity of the person attending to accompany or represent the complainant and their professional qualifications (if any) and/or relationship with the party.

30.

The Committee may adopt such procedure as it deems fit, including adjournments, provided that:

32.1

the student and the School are given the opportunity to address the Committee in writing and/or orally.

32.2

the student and the School are given the opportunity to question any witnesses.

31.

The deliberations of the Grievance Committee shall be private. The decision of the Committee shall be by majority. The Chairman has a casting vote in the event of a tie.

32.

The Grievance Committee will determine whether the complaint is well founded and, if upholding the complaint, will specify the remedial action to be taken and, whether upholding the complaint or not, may make recommendations for future conduct of the parties involved. Remedies may include but are not limited to financial redress, apologies, and/or a referral to another procedure.

33.

The Grievance Committee shall give its decision and brief reasons in writing to the student concerned, the person responding on behalf of the School, and the Secretary.

34.

The student may appeal against the Grievance Committee's decision to the Director.

Panels, Boards and Other Bodies

35.

Where, under this procedure a Grievance Committee is to be established, it will comprise:

35.1

A Lay Governor appointed by the Secretary and Director of Administration, or his/her nominee; and

35.2

A member of the academic staff appointed by the Vice Chair of the Academic Board; and

35.3

One student of the School, who shall normally be a sabbatical officer of the Students' Union appointed by the General Secretary.

36.

No person shall be eligible for selection as a member of a Grievance Committee if:

36.1

s/he is a subject of the complaint, or

36.2

s/he is otherwise involved in the complaint in some material way.

37.

The student may challenge the appointment of any number of the members of the Committee. Challenges must be made in writing to the Director no later than 3 working days after notification of the members of the Panel has been given, and explain the grounds for objecting to the appointment of the relevant individual. The Director will determine whether the proposed Panel member should be replaced.

38.

If a member of the Grievance Committee is absent from any part of the proceedings, s/he shall take no further part in the proceedings and his/her absence shall not invalidate proceedings unless the number of members present throughout proceedings falls below 2 persons.

39.

The Committee shall be chaired by the Lay Governor. The Committee shall be quorate provided at least 2 members are present and shall make its decisions by majority. Committee members may not abstain from a vote on a proposed course of action. The Chairman has a casting vote in the event of a tie.

Appeal Process

40.

An appeal against the Grievance Committee's decision should be in writing, explaining the reasons for the appeal (see paragraph 41 below), and received by the Director not later than 6 weeks after the Committee's decision is notified to the student.

41.

The grounds for an appeal are:

41.1

Significant procedural defect or material irregularity affecting the fairness of the original determination of the complaint;

41.2

Significant new evidence that was not presented previously for a good reason;

41.3

Significant extenuating factor which was not raised previously for a good reason.

42.

The Director may give directions for the consideration of the appeal, which will usually involve the student and the person responding on behalf of the School submitting written representations and supporting evidence and having the opportunity to comment upon the other's submission. Oral submissions will not normally be considered.

43.

The Director may:

43.1

reject the appeal.

43.2

reconvene the existing, or appoint a new, Grievance Committee to reconsider the matter.

43.3

substitute his/her own remedy for the complaint.

44.

The Director shall inform the student of his/her decision in writing, explaining the reasons for that decision.

45.

Where the Director rejects the appeal (paragraph 43.1) or substitutes his or her own remedy (paragraph 43.3), s/he shall send a Completion of Procedures Letter to inform the student of his/her right to appeal to the Independent Adjudicator for Higher Education (paragraph 46 below).

Office of the Independent Adjudicator for Higher Education

46.

Having received a Completion of Procedures Letter under paragraph 26 or 45, the student may complain to the Independent Adjudicator for Higher Education (OIA) in accordance with the OIA's rules.

47.

The Director shall receive and consider the Independent Adjudicator's formal decision and recommendations.

Originally approved by Council on 22 May 2007 and implemented 1 August 2007.  Revised in October 2007.

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