Avondale Policies
Student Grievance and Appeals Policy [S.03 G.21]
[S.03 G.21]
1. INTRODUCTION
Avondale College seeks to create and maintain a healthy and enjoyable study environment and one that will enhance personal development. In instances where grievances occur, it is our desire and aim to resolve them amicably, promptly and in a manner that is both fair and equitable to all concerned. Complaints or appeals made by students should be made responsibly, with regard to the rights of all, and all parties should endeavour to resolve grievances in an informal and mutually respectful manner in the first instance. However, where necessary, the following policy describes a process for resolving student grievances and appeals where informal means are unsuccessful. All students of Avondale College and the Avondale School of Aviation on each of the three campuses at Lake Macquarie, Sydney and Hunter Valley, are entitled to use the grievance procedures set out in this policy regardless of the location of the campus, their place of residence or the mode in which they study. Students may use these procedures to submit a grievance about academic and/or non-academic matters. Prospective students may appeal using the guidelines outlined in Section 2.2 below.
2. RESOLVING GRIEVANCES AND APPEALS ON ACADEMIC MATTERS
Academic matters include, but are not limited to, matters relating to student progress, assessment, curriculum and awards in a course of study. Policies for each of these academic matters appear in both the student section and academic section of the Avondale College Policy Manual, the definitive version of which is located on the Avondale College Website.
Students at Avondale College have access to a 4-stage academic grievance process which is set out below. Each stage is free of charge.
Stage 1: INITIATION OF THE GRIEVANCE PROCEDURE
Appeal to the Dean of Faculty or Head of VTE Department
1. The student (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 student 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 VTE 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 student. If the student 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 VTE Department, the student 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 VTE Department is unable to resolve the matter informally, he/she will establish a meeting within 10 working days between the student, 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 student 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.
Step 2: Appeal to the Review Officer
If the student 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.
Students who request a review of the decision of the Vice-President (Learning and Teaching) 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 student/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 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 student has not received a letter advising him/her of the outcome of the review of the decision, the student is advised to call the Office of the President for information regarding the date on which the final determination was mailed. If the student 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 3 APPEAL TO OUTSIDE AUTHORITIES
Step 1: Appeal to COPHE or ACIVC
If not satisfied with the decision of the Review Officer in Stage 3, the student 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 Independent Vocational Colleges (ACIVC) with respect to grievances in the vocational and technical education 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 student 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 DEST National Training Hotline (1-800-000674), 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.
Students should note that:
i. 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.
ii. The Office of the Vice President (Learning and Teaching) will ensure that all records are treated as confidential.
iii. 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.
iv. In the case of an appeal against a grade the result may be that the final grade is either retained, raised or lowered.
v. 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.
vi. 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.
vii. Avondale College will ensure that students will not be victimized or discriminated against for submitting a grievance or appeal for consideration and as outlined in this policy.
viii. 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.
ix. At all stages of the process, the complainant and/or respondent may be accompanied and assisted by a third party if desired.
x. Avondale College will respond to grievances within the time periods indicated.
xi. Avondale College will notify incoming students of the location of this policy on the Avondale College website.
xii. Avondale College will induct incoming staff in the location of this policy and in its correct use.
xiii. 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.
The following flow chart summarises the student grievance and appeals process for academic matters:
Flow Chart for Academic Matters.doc
3. RESOLVING GRIEVANCES AND APPEALS ON NON-ACADEMIC MATTERS
Non-academic matters include, but are not limited to, welfare issues, financial issues, bullying, harassment and/or discrimination. Policies for each of these non-academic matters appear in the Student Policies section of the Avondale College Policy Manual, the definitive version of which is located on the Avondale College Website.
Students who wish to resolve grievances in relation to any of these non-academic matters should follow the process outlined below.
Stage 1: INITIATION OF THE GRIEVANCE PROCEDURE
Step 1: Talk to the Relevant Person
The student (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 student may not feel comfortable in doing this, the student may proceed directly to Stage Two of this process. Alternatively, the complainant may be represented by a third party if desired.
Step 2: Appeal to the Relevant Avondale Officer (see below for list)
1. If the initial response does not satisfy the student or the student is not able to implement Stage One of this process, he/she may submit a written description of the grievance to the relevant Residence Director, Dean, Head of Department, the Equity Officer, a trained Grievance Officer, the Disabilities Officer, the Student Counsellor, or the President of the ASA Council. The staff member who receives such a written application will process the grievance application within 10 working days.
2. If appropriate, the student or the person with whom the grievance is held may approach one of Avondale s official mediators to mediate in the process.
Stage 2: APPEAL TO AN INDEPENDENT IMPARTIAL SENIOR OFFICER
Step 1 Appeal to the Vice-President (Finance) or Director of Student Services
1. If the matter remains unresolved then a written grievance with full supporting documentation shall be submitted to either the Vice-President Finance (or nominee) or the Director of Student Services (or nominee), whom ever is most appropriate considering the nature of the grievance and whether or not that person has previously been involved with the resolution of the current grievance. The Vice-President Finance or the Director of Student Services will first interview all parties individually and then set up a meeting between all parties where arguments and/or witnesses in support of either party can be presented. The Vice-President Finance or the Director of Student Services in consultation with the Conciliation Committee (see Appendix) will make a final determination on the matter within 10 working days of receiving the written grievance and the Chair of the Conciliation Committee will communicate the outcome to all parties. In communicating this outcome the Chair of the Conciliation Committee 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. (Alternatively the student may make a written submission directly to the Conciliation Committee.)
2. If the grievance relates to financial matters, the student should first consult Avondale College s Refund Policy located on the Avondale College website.
3. If the grievance relates to re-crediting the students Student Learning Entitlement (SLE), the student should first consult Avondale College s Recrediting SLE policy located on the Avondale College website.
Step 2: Appeal to the Review Officer
If they are dissatisfied with the decision of the Vice-President (Finance) and/or the Director of Student Services in Stage 3, students 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.
Students who request a review of the initial decision 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 student/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 student has not received a letter advising him/her of the outcome of the review of the decision, the student is advised to call the Office of the President for information regarding the date on which the final determination was mailed. If the student 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 3: APPEAL TO OUTSIDE AUTORITIES
The Grievance and Appeal process does not preclude the student seeking redress in other forums outside the Avondale College process. For example, the student 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).
Where the College receives a recommendation from an outside authority outlining steps that are required to be taken by Avondale College, this recommendation will be provided at once to the Chair of the College Council. The Chair will ensure that, within 28 days of his/her receipt of the recommendation, action is taken on the recommendation and that a letter is written to the student advising them of the action that was taken.
Students should note that:
i. The Office of the Vice-President (Finance) will keep appropriate records of non-academic grievances for at least five years, and allow parties to the complaint appropriate access to these records.
ii. The Office of the Vice-President (Finance) will ensure that all records are treated as confidential.
iii. 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.
iv. This is a generic policy for the resolution of Grievances and Appeals and in the case of bullying and harassment it may be more appropriate to follow the grievance process outlined in the Anti-bullying and Harassment Policy located on the Avondale College website.
v. In relation to grievances of a financial nature, the student should discuss the matter with the Student Finance Officer in the first instance prior to discussing the matter with the Financial Controller or the Vice President Finance.
vi. 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.
vii. Avondale College will ensure that students will not be victimized or discriminated against for submitting a grievance or appeal for consideration and as outlined in this policy.
viii. 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.
ix. At all stages of the process, the complainant and/or respondent may be accompanied and assisted by a third party if desired.
x. Avondale College will respond to grievances within a reasonable time as indicated above.
xi. Avondale College will notify incoming students of the location of this policy on the College website.
xii. Avondale College will induct incoming staff in the location of this policy and in its correct use.
xiii. 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.
The following flow chart summarises the student grievance and appeals process for non-academic matters:
Flow Chart for non-Academic Matters.doc
4. GRIEVANCE AND APPEALS PROCESS FOR PROSPECTIVE STUDENTS
Prospective students who wish to appeal against a determination made with respect to admission to Avondale College or other matter need to follow the process outlined below:
Stage 1: INITIATION OF THE GRIEVANCE PROCEDURE
Appeal to the Registrar
The prospective student 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
- If the initial response does not satisfy the student 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 prospective student 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.
- 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)
- If the matter remains unresolved then the student 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 ful -explanation in writing for the decision and actions taken as part of the procedures, if requested, by the complainant and/or respondent.
- 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.
- 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, students 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.
Students 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 student/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:
- 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 student has not received a letter advising him/her of the outcome of the review of the decision, the student is advised to call the Office of the President for information regarding the date on which the final determination was mailed. If the student 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 3: APPEAL TO OUTSIDE AUTHORITIES
The Grievance and Appeal process does not preclude the student 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 the Office of Fair Trading (02-4925000), the Human Rights and Equal Opportunity Commission (1-300-656419) 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.
5. AVAILABILITY OF THIS POLICY
1. This policy is published in full on the Avondale website at https://www2.avondale.edu.au/web/policies_new/display/?s=MjI= and an abridged version appears in each of the three Avondale College Handbooks.
2. This policy is communicated to Avondale academic staff through the Avondale College website, the Avondale College Handbooks and the staff induction and briefing sessions conducted by the Vice-President (Learning and Teaching).
3. This policy is communicated to Avondale support staff through the Avondale College website, the Avondale College Handbooks and the staff induction and briefing sessions conducted by the Vice-President (Finance).
4. Records of all grievances, applications for review of decisions and outcomes of the grievance process will be kept for a period of 5 years. These records will be strictly confidential and filed in a separate file (not kept on the student or staff file) and stored in the office of the Vice-President (Learning and Teaching) in the case of academic grievances; or the office of the Vice-President (Finance) in the case of the non-academic grievances; or the office of the Vice-President (Administration and Research) in the case of grievances of prospective students.
5. Parties to the complaint will be allowed supervised access to these records.
Details
Description:
Approved By:
College Council/Academic Board
Approval Date:
20 March 2007/ 28 March 2007
Upload Authorised By:
VP (A&R)
Replaces:
Version 2 approved 4 May 2004
Review In:
May 2010
Return to Repository
