Policies and procedures
POLICY NO: C-17.3
DATE OF APPROVAL: Council 2/96, 1 April 1996 Resolution C-96/2/15
AMENDMENTS: September 1998 Revised (SMG); December
2003 (SMG)
Director: Student and Academic Services June 2005
REFERENCE AUTHORITY: Vice Chancellor
CROSS-REFERENCES: Relevant legislation, University Policy, Code of Ethical Conduct and Codes of Good Practice that address:
The University of South Australia is committed to providing a harmonious work and study environment.
The University will take all reasonable steps to resolve student complaints in an expeditious and satisfactory manner in all matters. This policy addresses resolution of matters other than those addressed in Academic Administrative Policies and Policies regulating Research Degree Supervision. Nothing in this policy detracts from a student's right to seek resolution of a grievance through external avenues of complaint (refer Section E).
Complaint resolution procedures will be conducted in accordance with principles of natural justice treating all parties equally and fairly. The prime objective of these procedures is to achieve a fair and reasonable resolution of complaints.
It is expected that complaints can be dealt with at the local level and with a minimum number of people involved.
It is the University's practice that if a student does not wish to be identified during the investigation/mediation process of their complaint the matter would be classified as an informal complaint. Informal complaints may proceed via exchange of emails. However when a complaint is submitted in writing and signed the matter should be treated as a formal complaint
For information and advice about the following procedures a student should consult as appropriate UniSA Student Association officers, Divisional Pro Vice Chancellor/Dean: Whyalla, Heads of School, Director: Student and Academic Services, Divisional Managers, Division/School Research Degrees Coordinators or Campus Central.
Formal complaints must be made in writing and addressed to the relevant manager. A manager receiving a written complaint should acknowledge its receipt in writing within five working days.
Advocate: An advocate supports another's cause and acts on their behalf according to their wishes. The UniSA Student Association President or nominee or any staff member or student nominee of the University may act as advocate on behalf of the student and must be a member (staff or student) of the University.
Formal complaint: A written complaint, signed by the complainant and addressed to any responsible officer must be regarded as a formal complaint.
Complaint: A complaint may be defined as "a real or fancied ground of complaint".
Informal complaint: A complaint is considered to be informal when it is made orally or via an exchange of email.
Manager or Supervisor: Where the word 'manager' or 'supervisor 'appears it should be read as relevant Head of School, Divisional Pro Vice Chancellor/Dean: Whyalla, Principal Research Supervisor, Director/Manager of Unit, member of Senior Management, Convenor of a committee.
Natural Justice: The duty to act fairly includes two
rules: The fair hearing rule and the no bias rule.
This means that all parties must be given the opportunity to present
their case, be fully informed about allegations and decisions made and
have the right to be represented by another person of the University. In
addition, a decision maker must have no personal interest in the matter
and must be unbiased.
Student Ombud: The
Student Ombud's Office
operates within the University under terms of reference approved by the
University Council. It has been established as an integral part of the
grievance resolution procedures.
The Student Ombud's role is one of 'last resort', that is, the Student
Ombud will only intervene in a complaint when all other avenues for
resolution have been exhausted.
Victimisation: Victimisation may be defined as an act or acts causing someone to suffer for something that is not essentially a fault. It includes imposing unjust penalties or practices on a person as a result of a complaint.
1. Students' complaints may relate to:
2. Students are encouraged to raise complaints informally in the first instance either by personal approach or through an advocate. However students may at any time submit a formal complaint
3. Wherever possible issues should be discussed with the staff member who has immediate responsibility. In respect to committee decisions students are encouraged to seek information about the committee's decision from UniSA Student Association officers or the executive officer of the committee.
4. If an effective solution cannot be found the complaint may be referred formally or informally to the manager responsible for the area. Problems arising from decisions of University committees may be raised with the relevant senior manager.
5. A decision will be made on a complaint (whether formal or informal) within twenty (20) working days. When the decision has been made the manager will notify the complainant in writing of the decision, the basis for the decision and information on further avenues for appeal. The complainant will be advised to consult with staff and representatives of the UniSA Students Association if they wish to pursue the matter further.
6. If the responsible manager accepts that a complaint has substance and must be addressed the manager will either implement changes or recommend changes to the appropriate person or committee to reform or redress the issue. The student submitting the complaint will be advised in writing of the determination and the reasons for that decision.
7. Where action is taken to reform or redress the substance of a complaint the manager will ensure equitable treatment of all students who may have been affected.
8. If the complainant is dissatisfied with the progress of the resolution process or the outcome the complainant may refer the matter to the Office of the Student Ombud.
9. The Student Ombud is authorized by the Vice Chancellor to implement action to bring about a resolution.
10. If the Student Ombud is unable to reach a determination but is satisfied that all reasonable steps have been explored to achieve a resolution, then the Student Ombud may refer the matter to the Vice Chancellor for determination. The Vice Chancellor may refer the matter to a committee for determination (see section C).
11. Students are encouraged to raise complaints informally in the first instance either by personal approach or through an advocate. Wherever possible issues should be discussed with the staff member. Students are encouraged to seek assistance from UniSA Student Association officers. The complainant and/or advocate should take all reasonable steps to resolve a complaint by discussion with the staff member concerned in the first instance.
12. If discussions with the staff member do not resolve the matter the complainant may refer the matter to the staff member's immediate supervisor in an effort to reach a satisfactory outcome. The complaint should continue to be treated as an informal complaint.
13. If the matter is not resolved a complaint may be lodged with the Office of the Student Ombud either as an informal complaint or as a formal written complaint. A formal written complaint must state the basis of the complaint and provide supporting information.
14. The Student Ombud will determine the appropriate action to resolve the complaint.
15. At the conclusion of the process the Student Ombud should advise all parties in writing within five (5) working days of the determination and any related recommendations and/or actions.
16. The complainant may withdraw the complaint by notifying the Student Ombud. Formal complaints should be withdrawn by notice in writing. Within five (5) working days of receiving a notice of withdrawal the Student Ombud will inform all parties involved.
17. If a resolution is not achieved, but the Student Ombud is satisfied that all reasonable steps have been explored to achieve resolution, then the Student Ombud may refer the complaint to the Vice Chancellor.
18. The Vice Chancellor will only consider complaints that the Student Ombud has been unable to resolve.
19. The Student Ombud in referring the matter to the Vice Chancellor for determination will make available all details of the complaint, respondent's reply, investigation findings, and actions undertaken in attempting resolution.
20. The Vice Chancellor may determine the matter on the basis of documentation provided by the Student Ombud, or refer the matter to a committee empowered by Council to determine the matter.
21. The committee will determine the matter on the basis of documentation provided by the Student Ombud and in addition may call upon the complainant, respondent, mediator, and witnesses for clarification if deemed necessary.
22. The committee will comprise:
The Council Secretary will act as executive officer.
23. A determination of this committee will be final within the University.
24. The composition of the Committee may be expanded if in the opinion of the convenor the committee's deliberations could be assisted by co-option of a member with particular expertise, e.g. an International Student Counsellor.
25. Members of the committee shall have had no direct involvement in the complaint.
26. The committee will decide its own procedures in accordance with principles of natural justice. It may seek written submissions or interviews with people it believes can assist in its deliberations.
27. The decision and any recommendations of the committee will be conveyed to all parties involved within (5) five working days of the committee's determination. A written report will be submitted to the Vice Chancellor who will decide how the committee's recommendations should be implemented and monitored.
28. When informal complaints are resolved no permanent record of the matter will be kept. However, file notes should be maintained until the matter is resolved.
29. If a formal complaint is substantiated, all records relating to the matter will be placed on the respondent's personal file. A copy of the records will be provided to the respondent who is entitled to attach comment. No other records will be kept.
30. If a complaint is not substantiated, all records relating to that complaint will be destroyed.
Referral of Complaint to the Office of the State Ombudsman of South Australia
36. Appeal of certain decisions to the Administrative Appeals Tribunal.
37. Referral to other external agencies
