1. Purpose
1.1 These procedures outline the University’s processes for receiving and resolving complaints from students and the process to review and appeal a University decision.
1.2 These procedures must be read in conjunction with the linked Student Complaints Resolution – Academic Policy.
2. Scope and application
2.1 These procedures apply to all University staff and students in addressing complaints, reviews or appeals raised in relation to:
(a) the performance of administrative, academic, teaching, Higher Degrees by Research (HDR), or service functions of the University;
(b) the behaviour or actions of other students;
(c) the behaviour or actions of staff including procedural error in the application of policy documents; and
(d) University decisions in relation to academic and non-academic matters.
2.2 These procedures do not apply to complaints, reviews and appeals raised in relation to the matters below, for which other avenues can exist:
(a) public interest disclosures (refer to the Public Interest Disclosures - Procedures);
(b) decisions of UniSC Council or any of its sub-committees;
(c) University decisions and actions that comply with external legislation and law; or
(d) matters that have referred to the Queensland Ombudsman or any other external body.
2.3 Concerns related to sexual assault, sexual harassment, assault, harassment, bullying or discrimination, should be reported to Safer Communities team, who offer all students a trauma informed approach whilst providing a student with choice and control (as far as is reasonable) when hearing any of these matters in accordance with the Sexual Assault, Sexual Harassment and Respectful Relationships – Procedures.
2.4 These procedures operate from 01 January 2025 and apply to all complaints submitted from this date.
3. Definitions
3.1 Refer to the University’s Glossary of Terms for definitions as they specifically relate to policy documents.
3.2 For the purposes of this procedure, when a ‘complaint’ is referenced, it is intended to include a complaint, review or appeal.
4. Student complaint resolution process
4.1 This section must be read in conjunction with Section 5: Student complaints resolution process of the Student Complaints Resolution – Academic Policy which details the University process for student complaint resolution highlighted in Figure 1: Student complaints resolution process.
Figure 1: Student complaints resolution process
4.2 Informal early resolution
4.2.1 When a student is dissatisfied with a University related experience or a decision, they are strongly encouraged to attempt to resolve the matter directly with the person or area concerned, or with the appropriate supervisor of that person.
4.2.2 The circumstances or the nature of the matter the student is seeking to resolve can impact upon whether early resolution can be sought. Whilst encouraged, seeking informal early resolution is not a requirement prior to lodging a formal complaint.
4.2.3 When raising a matter of concern with the decision maker or their supervisor, the student should give full details of their concerns and outline their desired outcome, as detailed in Section 6.1 - Student responsibilities.
4.2.4 Staff members with whom a student communicates regarding a matter of concern are encouraged to resolve the concern as quickly and informally as possible, where appropriate, usually within 10 business days of the matter or concern being raised.
4.3 Formal complaints resolution
4.3.1 When a matter of concern cannot be resolved informally to the student’s satisfaction, or the student does not wish to participate in the informal resolution process, they can move to the formal complaints resolution process.
4.3.2 Determining the formal complaints resolution pathway
4.3.2.1 As depicted in Figure 1: Student complaints resolution process the formal complaint resolution process is separated into 2 pathways:
(a) Pathway 1: Student complaints; and
(b) Pathway 2: University decisions.
4.3.2.2 The category of a student complaint, determines which pathway should be followed and the stages that are available in the formal complaint resolution process.
4.3.2.3 Pathway 1: Student complaints should be used when there is a real or perceived cause for complaint, dissatisfaction, disagreement, or dispute, concerning a student for which resolution is being sought. Student complaints can include concerns relating to:
(a) an administrative decision;
(b) a problem or concern raised by a student regarding their treatment as a student;
(c) the quality or delivery of a service or advice provided by the University;
(d) the conduct of staff; or
(e) the conduct of other students.
4.3.2.4 Pathway 2: University decisions should be used when the student is seeking to dispute or contest a formal decision made by the University. University decision matters can include:
(a) request for credit transfer;
(b) application for review of final grade;
(c) waiver of a pre-requisite; or
(d) a show cause exclusion notice.
4.3.2.4 Refer to Appendix 001: Student Complaints Decision Makers to identify the category of complaint, the required pathway and decision makers at each stage. Student support services are also able to assist in making this determination.
4.4 Formal complaint
4.4.1 Formal complaint is the first stage of Pathway 1: Student complaints of the formal complaints resolution process.
4.4.2 Formal complaints can be lodged in relation to administrative or academic issues.
4.4.3 Students should submit their formal complaint and all relevant supporting documentation online via the University's website and as per Section 6.1 – Student responsibilities.
4.4.4 Refer to Appendix 001: Student Complaints Decision Makers to identify the required decision makers for this stage.
4.5 Review of decision
4.5.1 Review of decision represents the second stage of Pathway 1: Student complaints and the first stage of Pathway 2: University decision.
4.5.2 Students can request a review of decision, or the process followed by the decision maker, only when they can demonstrate eligible grounds for review with supporting evidence. Eligible grounds for a review of decision are:
(a) relevant factors that the original decision maker did not take into account;
(b) new and additional relevant information; or
(c) procedural errors.
4.5.3 Students should submit their review and relevant supporting documentation online via the University's website, and as per Section 6.1 – Student responsibilities.
4.5.4 Refer to Appendix 001: Student Complaints Decision Makers to identify the required decision makers for this stage.
4.6 Appeal of decision
4.6.1 Appeal of decision represents the final stage of the student complaints resolution process for both Pathway 1: Student complaints and Pathway 2: University decisions.
4.6.2 Students can request an appeal of decision, or the process followed by the decision maker, only when they can demonstrate that a procedural error has occurred.
4.6.3 New evidence is not accepted at the appeal of decision stage of the student complaint resolution process, unless:
(a) there has been a major change in circumstance following the lodging of a review and the associated information or evidence has a significant bearing on the review and was not reasonably available at the time the review was first lodged; or
(b) the student is appealing a General Misconduct finding or penalty in accordance with Student Misconduct – Procedures.
(c) the student is appealing an Academic Misconduct finding or penalty, endorsed by the Deputy Vice- Chancellor (academic) in accordance with Student Misconduct – Procedures.
4.6.4 Students should submit their appeal and all relevant supporting documentation online via the University's website and as per Section 6.1 – Student responsibilities.
4.6.5 Refer to Appendix 001: Student Complaints Decision Makers to identify the required decision makers for this stage.
4.7 Withdrawing a student complaint
4.7.1 At any stage during the student complaint resolution process, a student can withdraw their complaint by advising the Complaint Resolution Team in writing. When the nature of the matters raised is such that it warrants further consideration, the University can continue to progress the matter.
4.8 Student support
4.8.1 Students are encouraged to seek support at any time during the student complaint resolution process.
4.8.2 The Student Guild Advocacy Service is independent of the University and can provide assistance for students in:
(a) preparing a formal complaint;
(b) preparing an application for a review or appeal; and
(c) supporting students attending relevant meetings or interviews, as a support person or approved advocate.
4.8.3 The University provides the following services to provide support and guidance for students during the student complaint resolution process and avenues for complaints resolution:
(a) Complaint Resolution Team;
(b) Student Ombudsman; and
(c) Safer Communities for matters relating to student and staff conduct and behaviours of concern.
4.8.4 It is expected that students represent and speak for themselves throughout the student complaints resolution process. Students are permitted to have a support person in any meeting; however, the support person must be a representative from the Student Guild or any person who is not legally trained. The support person must remain silent during the meeting and students are permitted breaks to confer with their support person if required.
4.8.5 Students can request an advocate attend for support and to speak on their behalf in any meeting. An advocate must be approved and is only considered in situations where the student can demonstrate that they are unable to suitably represent and speak for themselves. Such as:
(a) a student has a disability and this impacts on their ability to advocate for themselves; or
(b) English is not a student’s first language and an advocate can assist with the interpretation of the questions and communication of responses.
4.8.6 An advocate must be a representative from the Student Guild or any other person who is not legally trained. The student must make the request for an advocate in writing to the Complaints Resolution Team, at least 3 business days before the meeting and the request is referred to the Academic Registrar and Director, Student Services, for approval.
6. Responsibilities
6.1 Student responsibilities
6.1.1 When preparing a complaint, students are encouraged to seek confidential, independent advice from one of the support services available.
6.1.2 A complaint, review or appeal must be submitted within the timeframes, as per Appendix 002: Student Complaints Summary of Timelines.
6.1.3 Students should lodge a complaint online, in accordance with the instructions set out on the University's website. Students must provide enough information in writing for the complaint to be assessed, including:
(a) the nature and details of the complaint;
(b) relevant supporting evidence;
(c) appropriate eligible grounds for complaint, review or appeal;
(d) the reasons you disagree with the previous decision or the way in which the matter was investigated;
(e) all relevant dates or a timeline of events;
(f) what actions (if any) have been taken to resolve the matter to date; and
(g) the preferred outcome they are seeking.
6.1.4 It is not sufficient for students to assert circumstances, performance, or change to circumstances without evidence to substantiate or support their claims.
6.1.5 Students are expected to participate in the student complaints resolution process in accordance with the Student Conduct - Governing Policy and Student Charter.
6.1.6 When a student identifies themselves but asks to have their identity withheld, the Complaints Resolution Team, determines whether it is possible to resolve the complaint in accordance with the principles of procedural fairness, without revealing the identity of the student.
6.1.7 Deidentified complaints are normally only investigated when sufficient information from the student has been provided which allows for an investigation to proceed without the source of the complaint being known.
6.1.8 When a University decision letter is provided that outlines further steps for the student to follow, it is the responsibility of the student to ensure that they meet the timeframes and requirements of that process, in accordance with Section 8 - Timeframes.
6.1.9 Students should continue their enrolment in courses during the Study Period in which the complaint was raised.
6.1.10 Students waiting for the outcome of a complaint which can impact upon the requisite requirements for a course in the following teaching period must consult the Program Coordinator or Program Advisor. Students should be formally enrolled in any courses they commence.
6.2 Complaints Resolution Team responsibilities
6.2.1 The Complaints Resolution Team must acknowledge receipt of a complaint within 5 business days and advise the student of the action to be taken.
6.2.2 The Complaints Resolution Team undertakes a preliminary assessment of all complaint applications and can take any of the following actions:
(a) seek more information or evidence from the student where insufficient detail has been provided;
(b) identify and confirm the relevant issues raised by the student;
(c) refer the complaint to the appropriate decision maker for consideration;
(d) determine that a complaint can be more appropriately managed under a different policy document and re-direct the matter accordingly;
(e) dismiss the complaint when it:
(i) has been previously dealt with or responded to under another appropriate University process;
(ii) was lodged outside the prescribed time frame;
(iii) is lacking in substance and is unable to be reasonably investigated by the University; or
(iv) does not identify or provide evidence to support any of the appropriate grounds; or
(v) when no breach of policy or procedure can be identified;
(f) advise the student that the complaint is vexatious, frivolous or that their behaviour constitutes unreasonable student conduct; or
(g) raise additional evidence or information with the original decision maker for reconsideration, where appropriate.
6.2.3 When further information and evidence is requested from the student, a period of 5 business days is provided, with a further period allowed at the discretion of the Complaints Resolution Team when the student has a reasonable explanation for the delay.
6.2.4 The Complaints Resolution Team makes reasonable enquiries within the University and seeks additional information or evidence through internal services or records to understand the circumstances relating to the complaint.
6.2.5 When satisfied that the complaint can progress, the Complaints Resolution Team refers it to the relevant decision maker. When the decision maker is not reasonably available, has a conflict of interest or not identified in Appendix 001: Student Complaints Decision Makers, the case, is referred to the Deputy Vice-Chancellor (Academic) to determine the appropriate decision maker.
6.2.6 The Complaints Resolution Team notifies the student of the outcome within 5 business days of receipt of the outcome from the decision maker and proceed with any administrative actions necessary to give effect to the decision.
6.3 Decision maker responsibilities
6.3.1 The relevant decision maker must commence consideration of a complaint application within 10 business days of receipt.
6.3.2 In considering a matter, the decision maker can undertake one or more of the following actions:
(a) examine any information and documentary evidence submitted by the student, gathered during investigation or provided to or by the original decision maker; or
(b) when deemed necessary, consult with the student, the original decision maker, or any other person who they consider may be relevant to the matter.
6.3.3 At the conclusion of the investigation, the decision maker makes a determination in accordance with Section 7 - Outcomes.
6.3.4 The decision maker advises the Complaints Resolution Team of the outcome within 20 business days of receipt of the complaint. The student must be kept informed when additional processing time is required for matters with additional complexity or further investigation required.
6.3.5 A review or appeal decision maker can draw to the attention of the original decision maker or relevant area of the University, any procedural concerns or apparent problems identified during the investigation, to facilitate future improvement activities.
7. Outcomes
7.1 When considering a complaint the decision maker can make one of the below outcome determinations:
(a) provide a decision in relation to a complaint or University application;
(b) affirm a previous decision;
(c) vary a previous decision;
(d) set aside a previous decision and make a new decision in substitution for the original decision; or
(e) dismiss the review or appeal if lacking appropriate grounds, or when it is vexatious or frivolous.
7.2 The outcome document provided to the student must outline:
(a) the process followed by the decision maker;
(b) the decision;
(c) the reasons for the decision;
(d) advice on next stage within the student complaints resolution process; and
(e) support services available to the student.
7.3 Application to external agencies
7.3.1 Students who have exhausted the University's internal resolution processes can apply to external agencies, such as the Queensland Ombudsman, for an external review. Queensland Ombudsman: Information on how to make a complaint can be found at the Queensland Ombudsman website http://www.ombudsman.qld.gov.au.
7.3.2 When any external review results in a decision that supports a student, the University advises the student of the outcome and immediately implement any corrective or preventive measures required by the external agency.
7.3.3 The University fully cooperates with external agencies investigating any student complaint; however the University is committed at all times to facilitating the resolution of complaints without the need to have recourse to external agencies.
7.3.4 When a student chooses to access an external review process, the University usually maintains the student’s enrolment as active until the external review process is completed.
8. Timeframes
8.1 Complaints must be lodged within the prescribed timeframes in accordance with Appendix 002: Student Complaints Summary of Timelines.
8.2 When a student’s submission is being made later than the relevant specified timeframe, the student must include a written explanation for any delay in lodging the complaint, review or appeal and attach supporting evidence.
8.3 The Complaints Resolution Team has the authority to permit a lodgement up to 5 business days outside of the prescribed timeframes, when they are satisfied that circumstances outside the student’s control prevented them from lodging the complaint within the timeframe and it is still practicable for the University to investigate the complaint.
8.4 Complaints, reviews and appeals lodged more than 5 business days outside the prescribed timeframes require approval by the Academic Registrar and Director, Student Services, when they are satisfied that circumstances outside the student’s control prevented them from lodging the complaint within the timeframe and it is still practicable for the University to investigate the complaint.
8.5 The University encourages a person reporting under the Sexual Assault, Sexual Harassment and Respectful Relationships – Procedures, to make their report within 12 months of the incident to assist with gathering evidence for any investigation. However, the University will accept all disclosures and reports irrespective of when the incident occurred.
9. Costs
9.1 There is no financial cost to a student for making a complaint or lodging a review or appeal application.
10. Authorities and responsibilities
10.1 As the Approval Authority the Deputy Vice-Chancellor (Academic) approves these procedures and any related guidelines to operationalise the Student Complaints Resolution – Academic Policy.
10.2 As the Designated Officer of these procedures the Academic Registrar and Director, Student Services is authorised to make associated documents to support the application of these procedures.
10.3 These procedures operate from the 01 January 2024, and all previous procedures related to student complaints are replaced and will have no further operation from this date.
10.4 All records relating to student complaints must be stored and managed in accordance with the Records Management - Procedures.
10.5 These procedures must be maintained in accordance with the Policy Framework – Procedures and reviewed on standard 5-year policy review cycle.
10.6 Any exception to these procedures to enable a more appropriate result must be approved in accordance with the Policy Framework – Procedures prior to any deviation from the policy document.
10.7 Refer to Schedule C of the Delegations Manual in relation to the approved delegations detailed within these procedures.
11. Appendices
Appendix 001: Student Complaints Decision Makers
Appendix 002: Student Complaints Summary of Timelines
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