Avondale Policies

Stage 1: INITIATION OF THE GRIEVANCE PROCEDURE     

Appeal to the Dean of Faculty or Head of VET Department   

1. The complainant or nominee initiates the grievance process by discussing orally the nature of the grievance with the person with whom the grievance is held.
2. If the oral response does not satisfy the complainant he/she may either speak with the Course Coordinator or submit a written description of the grievance to the Dean of the Faculty or Head of the VET Department who will endeavour to resolve the issue amicably and with respect to the rights and responsibilities of both parties.  If the matter is able to be resolved, the Course Coordinator or Dean of the Faculty will report the outcome to the complainant.  If the complainant feels unwilling or unable to approach either the person with whom the grievance is held or the Dean of the Faculty or Head of the VET Department, the complainant may seek the support of, or seek to be represented by, another person such as a family member, friend, counsellor or other professional support person, the Director of Student Services, a representative of the Avondale Student Association Council, the Equity Officer, the Disabilities Officer, the Student Counsellor, or the Chaplain.
3. If the Dean of the Faculty or Head of the VET Department is unable to resolve the matter informally, he/she will establish a meeting within 10 working days between the complainant, the person with whom the grievance is held and any other relevant authorities or persons.

Stage 2: APPEAL TO AN INDEPENDENT, IMPARTIAL SENIOR OFFICER     

Step 1: Appeal to the Vice-President (Learning and Teaching)   

If the matter remains unresolved then the complainant should submit a written grievance with full supporting documentation to the Vice-President (Learning and Teaching).  The Vice President (Learning and Teaching) (or nominee) will within 10 working days interview all parties individually, and set up a meeting between all parties where arguments and/or witnesses in support of either party can be presented.  The Vice President (Learning and Teaching), in consultation with a sub-committee (comprising no more than 4 persons) of the Teaching and Learning Committee will make a final determination on the matter within 10 working days of receiving the written submission, and communicate the outcome to all parties.  In communicating this outcome the Vice President (Learning and Teaching) will give reasons and full explanation in writing for the decision and actions taken as part of the procedures, if requested, by the complainant and/or respondent.

Stage 3: APPEAL TO THE REVIEW OFFICER      

If the complainant is dissatisfied with the decision of the Vice-President (Learning and Teaching) in Stage 2, the student may apply in writing to the Review Officer who is the President of Avondale College and who also is a member of the College Council, provided that the College President has not been involved in the preceding process.  The College President may delegate this function to another person provided that the other person holds a rank that is more senior than any person previously involved in the process (such as the Education Director of the South Pacific Division of SDAs who is also a member of the College Council) and provided that that person has not already been involved in the preceding review process.

Complainants who request a review of the decision of the Vice-President (Learning and Teaching) must follow the following process:

1. Write a letter to the President of Avondale College and lodge it with the President's Personal Assistant within 28 days after the day on which the complainant/applicant received the notice of the outcome of the initial grievance/appeal application.
2. In reviewing grievance and appeals decisions the Office of the President will provide written acknowledgement within five working days of the receipt of the application for review of a reviewable decision.  This letter of receipt of the application for review will include the statement: A final determination will be made within 45 days.  If after 45 days the complainant has not received a letter advising him/her of the outcome of the review of the decision, the complainant is advised to call the Office of the President for information regarding the date on which the final determination was mailed.  If the complainant is unable to obtain information about the outcome of the final decision the student must assume that the original decision remains unaltered and may proceed to the next stage of the process which is to lodge an appeal with an appropriate body external to the College.

Stage 4: APPEAL TO OUTSIDE AUTHORITIES    

Step 1: Appeal to COPHE or ACPET    

If not satisfied with the decision of the Review Officer in Stage 3, the complainant may request that the matter be further reviewed by the Council of Private Higher Education (COPHE) with respect to higher education grievances or the Australian Council for Private Education and Training (ACPET) with respect to grievances in the vocational education and training sector. Grievances will be reviewed within 30 days.

Step 2: Appeal To Other Outside Authorities   

The Grievance and Appeal process outlined above does not preclude the complainant seeking redress in other forums outside the Avondale College process.  For example, the student may wish to take the matter further by selecting the appropriate body from among such bodies as the Office of Fair Trading, Level 5, 400 Hunter St, Newcastle (02-4925000), the Department of Education, Employment and Workplace Relations (DEEWR) National Training Hotline (13 38 73), the Human Rights and Equal Opportunity Commission (1-300-656419) or the Anti-Discrimination Board of NSW (02-49264300). (A full list of external bodies is located in the Government section of the local telephone book.)  If one of the relevant outside authorities as outlined above gives a directive in relation to a grievance they have reviewed, the relevant outside authority will forward that directive to the President within a reasonable time who will ensure that the directive is acted upon within 14 days.

Step 3: Referral of Recommendations from an External Review to the Appropriate Officer for Action

Following receipt of any recommendations from an external review, the recommendations will be referred to the appropriate Officer of the College for action.  The implementation of the recommendations will also be monitored by the supervisor of the Officer and a report made to the governing body of Avondale at the next meeting of that body.

Complainants should note that:

1. The Office of the Vice President (Learning and Teaching) will keep appropriate records of academic grievances for at least five years, and allow parties to the complaint appropriate access to these records.
2. The Office of the Vice President (Learning and Teaching) will ensure that all records are treated as confidential.
3. All information obtained in the Grievance and Appeals and Review of Decisions processes will be treated confidentially and will also be treated in accordance with the provisions of the Privacy Act 1988.
4. In the case of an appeal against a grade the result may be that the final grade is either retained, raised or lowered.
5. In a dispute relating to instructions which have been given to students on assessment procedures within a subject, the written guidelines which lecturers have provided to students will be taken as definitive.
6. Avondale College will alter this policy immediately and without notice where any conflict arises with relevant legislation and in such cases the requirements of the legislation will take precedence.
7. Avondale College will ensure that complainant will not be victimized or discriminated against for submitting a grievance or appeal for consideration and as outlined in this policy.
8. At all stages of the process, reasons and a full explanation in writing for decisions and actions taken as part of the procedures will be given if requested by the complainant or respondent.
9. At all stages of the process, the complainant and/or respondent may be accompanied and assisted by a third party if desired.
10. Avondale College will respond to grievances within the time periods indicated.
11. Avondale College will notify incoming students of the location of this policy on the Avondale College website.
12. Avondale College will induct incoming staff in the location of this policy and in its correct use.
13. A person seeking to appeal a decision or action taken regarding a complainant, financial or academic matter must apply to the relevant responsible officer within 12 months of the decision or action.  Avondale College may waive the 12 month deadline in special circumstances or if it is satisfied that the application could not be made within this time limit.

Stage 1: INITIATION OF THE GRIEVANCE PROCEDURE     

Step 1: Talk to the Relevant Person   

The complainant or nominee initiates the grievance process by discussing orally, if possible, the nature of the grievance with the person with whom the grievance is held.  In cases where the complainant may not feel comfortable in doing this, the complainant may proceed directly to Stage 2 of this process.  Alternatively, the complainant may be represented by a third party if desired.

Step 2: Appeal to the Relevant Avondale Officer   

The following flow chart summarises the student grievance and appeals process for non-academic matters.

S 03 G 21 VS 01 Student Grievance and Appeals NON Academic Process flowchart.pdf

Appeal to the Registrar  

The complainant initiates the grievance process by discussing either orally or in writing the nature of their grievance in relation to admission with the Registrar.

Stage 2: APPEAL TO AN INDEPENDENT, IMPARTIAL SENIOR OFFICER     

Step 1: Appeal to the Dean of Faculty or Director of Student Services  

1. If the initial response does not satisfy the complainant he/she may either speak with or submit a written description of the grievance to the Dean of the relevant Faculty (in relation to a course) or to the Director of Student Services (in relation to admission to a hall of residence or other matter) who will consider the rights and responsibilities of Avondale College, current students and other prospective students in relation to the matter.  The complainant may seek an advocate to speak and/or act on their behalf such as a family member, friend, professional support person, counsellor, the Director of Student Services, a representative of the Avondale Student Association Council, the Equity Officer, the Disabilities Officer, the Student Counsellor, or the Chaplain.
2. If a further attempt to resolve the grievance is necessary, the Dean of the Faculty or the Director of Student Services and the Registrar meet together and with any other relevant authorities or persons.

Step 2: Appeal to the Vice-President (Administration and Research)  

1. If the matter remains unresolved then the complainant will write the substance of the grievance in a letter accompanied by full supporting documentation and submit it to the Vice-President (Administration and Research). The Vice President (Administration and Research) (or nominee) will, within 10 working days, first contact all parties individually and then if necessary set up a meeting or teleconference between all parties where arguments and/or witnesses in support of either party can be presented.  The Vice President (Administration and Research) will make a final determination on the matter within 10 working days of receiving the written submission and communicate the outcome to all parties.  In communicating this outcome the Vice President (Administration and Research) will give reasons and full-explanation in writing for the decision and actions taken as part of the procedures, if requested, by the complainant and/or respondent.
2. The Office of the Vice President (Administration and Research) will keep appropriate records of grievances for at least five years, and allow parties to the complaint appropriate access to these records.
3. The Office of the Vice President (Administration and Research) will ensure that all records are treated as confidential.

Step 3: Appeal to the Review Officer  

If they are dissatisfied with the decision of the Vice-President (Administration and Research) in Stage 3, complainant may apply in writing to the Review Officer who is the President of Avondale College and who also is a member of the College Council, provided that the College President has not been involved in the preceding process.  The College President may delegate this function to another person provided that the other person holds a rank that is more senior than any person previously involved in the process (such as the Education Director of the South Pacific Division of SDAs who is also a member of the College Council) and provided that that person has not already been involved in the preceding review process.

Complainants who request a review of the decision of the Vice-President (Administration and Research) must follow the following process:

• Write a letter to the President of Avondale College and lodge it with the President s Personal Assistant within 28 days after the day on which the complainant/applicant received the notice of the outcome of the initial grievance/appeal application.
• In reviewing grievance and appeals decisions the Office of the President will:
  1. Provide written acknowledgement within five working days of the receipt of the application for review of a reviewable decision.  This letter of receipt of the application for review will include the statement: A final determination will be made within 45 days.  
  2. If after 45 days the complainant has not received a letter advising him/her of the outcome of the review of the decision, the complainant is advised to call the Office of the President for information regarding the date on which the final determination was mailed.  If the complainant is unable to obtain information about the outcome of the final decision the complainant must assume that the original decision remains unaltered and may proceed to the next stage of the process which is to lodge an appeal with an appropriate body external to the College.

Stage 3: APPEAL TO OUTSIDE AUTHORITIES   

Step 1: Appeal to COPHE or ACPET   

Avondale has nominated the Council of Private Higher Education (COPHE) with respect to grievances in the higher education sector, and the Australian Council for Private Education and Training (ACPET) with respect to grievances in the vocational education and training sector, as the independent bodies that will conduct external review of decisions.

Step 2: Appeal to Other Outside Authorities

The Grievance and Appeal process does not preclude the complainant seeking redress in other forums outside the Avondale College process.  For example, the complainant may wish to take the matter further with such bodies as the Office of Fair Trading, Level 5, 400 Hunter St, Newcastle (Tel: 02-4925000), or the Anti-discrimination Board of NSW (02-49264300).

If one of the relevant outside authorities makes one or more determinations in relation to a grievance they have reviewed, the relevant outside authority will forward those determinations to the President within a reasonable time who will ensure that the determinations are acted upon within 14 days.

Note:  A person seeking to appeal a decision or action taken regarding a student, financial or academic matter must apply to the relevant responsible officer within 12 months of the decision or action. Avondale College may waive the 12 month deadline in special circumstances or if it is satisfied that the application could not be made within this time limit.

Step 3: Referral of Recommendations from an External Review to the Appropriate Officer for Action

Following receipt of any recommendations from an external review, the recommendations will be referred to the appropriate Officer of the College for action.  The implementation of the recommendations will also be monitored by the supervisor of the Officer and a report made to the governing body of Avondale at the next meeting of that body.