E/9.2 Grievance resolution procedures for student related grievances

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9.2.1 Principles
9.2.2 Application
9.2.3 Definitions
9.2.4 Choices
9.2.5 Formal Procedures
9.2.6 Other considerations
Related Documents
Modification History

9.2.1 Principles

These procedures deal with grievances involving students in accordance with QUT's grievance resolution policy, and cover undergraduate and postgraduate coursework students. The grievance resolution policy (see A/6.1) outlines the University's commitment to ensuring an environment for working and learning that is harmonious, fair and just. The policy is underpinned by the principles of natural justice and procedural fairness, and emphasises the need to resolve the grievance as early as possible and as close to the source as possible. The policy requires that all grievances be dealt with in a supportive environment without victimisation or intimidation of anyone connected with the grievance either during or subsequent to a grievance resolution procedure.

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9.2.2 Application

1. These procedures will apply in any grievance except as outlined in clause (b) below, where at least one of the complainant or the respondent is a QUT student. These procedures are limited to apply to grievances arising from QUT activities, whether on or off campus, normally but not exclusively of a teaching, learning or administrative nature. In particular, these procedures may apply in, but are not limited to, the following situations:
   
   
• grievances concerning academic or administrative decisions
• grievances concerning delivery or quality of a product or service by QUT
• grievances concerning behaviour of an individual or individuals.

2. These procedures will not apply if the subject of the grievance relates to the following:
   
   
• matters where neither the complainant nor the respondent is fulfilling the role of student in the grievance
• matters where procedures are already specified in the QUT Student Rules (see Appendix 1(c)) with the exception of final appeals at the completion of these procedures; in particular these relate to
• academic dishonesty (including cheating and plagiarism)
• review of grades
• academic rulings
• admission and exclusion
• harassment or discrimination
• decisions of QUT Council
• the content of approved University policy
• matters where the complainant or the respondent have engaged an external agency such as the Queensland Ombudsman or a legal practitioner.

3. Where it is considered by the Student Ombudsman that the alleged actions or behaviours of a staff member which constitute the grievance may involve misconduct or serious misconduct as defined in the relevant enterprise bargaining agreement or policy, the Student Ombudsman must report the matter to the Vice-Chancellor. The Vice-Chancellor may decide to handle the matter in accordance with the relevant procedures for misconduct and serious misconduct ¹ .

4. Except in special circumstances, as determined by the Registrar in consultation with the Student Ombudsman, a grievance may not be lodged later than six months after the date on which the grievance was alleged to have arisen.

¹ Clause 44, Enterprise Bargaining Agreement (Academic Staff) for an academic staff member; Clause 49, Enterprise Bargaining Agreement (Professional Staff) for a professional staff member; Disciplinary Action for Misconduct and Serious Misconduct - Senior Staff (MOPP B/8.5) for a senior staff member; or Statute No 2 (Student Discipline)

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9.2.3 Definitions

Grievance

A " grievance " is a real or perceived cause for complaint, disagreement, conflict, dispute or similar problem.

Complainant

A " complainant " is an individual or several individuals who claim to have experienced a negative or unfavourable impact arising from a stated grievance.

Respondent

A " respondent " is an individual or several individuals who are alleged by a complainant to be responsible for the circumstances comprising the grievance.

Discrimination related matter

A " discrimination-related " matter is defined in detail in the Grievance Resolution Procedures for Discrimination Related Grievances (see A/8.5). Such matters relate to unfair treatment based on irrelevant factors such as a person's race, disability, gender etc.

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9.2.4 Choices

1. Informal resolution
   
   A complainant is strongly encouraged to resolve the matter directly with the respondent, and every assistance will be given to facilitate this. However, the complainant is not obliged to do so before applying these procedures.

2. Formal resolution
   
   A complainant may apply formal procedures as outlined in E/9.2.5 below to resolve a grievance.

3. External agencies
   
   A complainant may use an external agency to resolve a grievance, for example by taking the grievance to the Queensland Ombudsman; however, QUT is committed to facilitating the resolution of grievances without the need to make recourse to external agencies.

If a complainant, while participating in these procedures, also chooses to involve an external agency then:

• the Student Ombudsman must be notified in writing
• the Student Ombudsman, in consultation with the Registrar, will determine whether or not formal proceedings will cease. In the event of cessation of proceedings before a resolution is achieved, all decisions and agreements arising from these procedures will be void and all records will be annotated accordingly.

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9.2.5 Formal Procedures

1. Level One - Early conciliation and informal resolution
   
   The complainant will advise the Student Ombudsman, preferably in writing, of the nature of their grievance and the form of resolution they seek. The Student Ombudsman may facilitate the process and refer the complainant to support services (see clause (e) below) where appropriate. Where agreed to by the complainant, the Student Ombudsman may elect to handle the complaint in the first instance by discussions with the respondent to facilitate the resolution of the grievance. Such discussions need not be notified to the supervisor of any staff member involved in the grievance.

The Student Ombudsman in consultation with the complainant may decide to enter the formal Level One procedures and nominate an appropriate individual to handle the grievance. If the respondent is a staff member then the grievance will be handled by the relevant supervisor or nominee. If the respondent is a student, the grievance will be handled by the Student Ombudsman or nominee. Resolution may involve:

• consultation with another appropriate person;
• liaison with University support services;
• acting as a mediator in the conflict; and
• facilitating a conciliation or mediation meeting between the complainant and the respondent and other relevant interested persons.

The complainant and/or the respondent may elect to be supported by a person of choice who could be a representative of the QUT Student Guild or of the relevant staff union. This person must not be a practising legal officer.

The complainant, the respondent and the Student Ombudsman must be advised in writing of the resolution.

The Student Ombudsman may make recommendations for further action as appropriate.

The process at this level should normally take no more than 10 working days. This timeline may be extended in light of matters such as the availability of relevant staff or students.

2. Level Two - Further conciliation and/or investigation
   
   Where a grievance is not resolved at Level One of these procedures the complainant may lodge a written request for the Student Ombudsman to refer the matter to the relevant executive dean of faculty (or nominee) or head of division (or nominee) and discuss the appropriate course of action with the Student Ombudsman. The executive dean of faculty or head of division may undertake any of the following to resolve the grievance:
   
   
• discuss with the parties options for resolution
• consider all relevant matters and where appropriate make further enquiries
• discuss the situation with the complainant and other parties to the grievance in an attempt to conciliate the grievance
• conduct an investigation or, on the advice of the Student Ombudsman, appoint a trained person to do so on their behalf.

The complainant and/or the respondent may elect to be supported by a person of choice who could be a representative of the QUT Student Guild or of the relevant staff union. This person must not be a practising legal officer.

The complainant, the respondent and the Student Ombudsman must be advised in writing of the resolution and of any recommendations for action as a result of the investigation.

Where appropriate, the Student Ombudsman may make recommendations to the executive dean of faculty or others for further action.

The process at this level should normally take no more than 15 working days. This time line may be extended in light of matters such as the availability of relevant staff or students.

3. Level Three - Investigation and determination by panel
   
   Where the grievance is not resolved at Level Two of these procedures the complainant may lodge a written application to the Student Ombudsman to implement a formal process to investigate the grievance. The Student Ombudsman, in consultation with the complainant, will elect for this investigation to be undertaken by the Student Ombudsman or by a panel constituted by the Student Ombudsman. If constituted, the panel will consist of:
   
   
   • an independent Chair (internal to the University)
   • a senior staff member of the University
   • a nominee of the Vice-Chancellor, in consultation with the QUT Student Guild.

The complainant and/or the respondent may elect to be supported by a person of choice who could be a representative of the QUT Student Guild or of the relevant staff union. This person must not be a practising legal officer.

In carrying out this investigation and reaching a resolution, the following steps should be included:

• interview and/or take written statements from the complainant
• interview and/or take written statements from the respondent
• interview and/or take written statements from all relevant people involved in the matter
• interview and/or take written statements from the personnel who handled the grievance at Levels One and Two
• review all relevant documents
• consider the grievance in the context of QUT policy
• seek advice from any person deemed appropriate
• give the complainant and the respondent opportunity to respond to all relevant information gathered.

Where a panel has been constituted, it will determine if the grievance is substantiated and will recommend actions to the Student Ombudsman, noting if there are mitigating circumstances. The Student Ombudsman will recommend actions to the appropriate QUT officer. The complainant and the respondent must be advised in writing of the determination and of any recommendations for action as a result of the determination.

Where appropriate the Student Ombudsman may make recommendations for further action to the Registrar.

The process at this level should normally take no more than 15 working days. This timeline may be extended in light of matters such as the availability of relevant staff or students.

4. Requirement to participate at each level
   
   Staff and/or students involved in these procedures must participate in good faith. The complainant cannot proceed to Level Three of the formal resolution process without having attempted to resolve the matter at Levels One and Two.

5. Support services
   
   It is recognised that in applying these procedures the complainant or respondent may require support. Options for accessing QUT's support services will be explored by the Student Ombudsman before applying these procedures.

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9.2.6 Other considerations

1. Vexatious grievances
   
   If a grievance is found to be vexatious then appropriate action against the complainant may be considered, including appropriate misconduct proceedings.

2. Student satisfaction
   
   When a matter is resolved at the end of any of Levels One, Two or Three, persons involved in the grievance will be surveyed anonymously to monitor satisfaction and to obtain feedback on the effectiveness of these procedures. This survey will be conducted by the Office of the Student Ombudsman (or nominee) in consultation with the Registrar (or nominee).

3. Duty of disclosure
   
   By participating in these procedures, a complainant agrees that the nature of their grievance may be disclosed to the Director, Corporate Finance. Such disclosure is for the purpose of liability assessment and may be done anonymously.

4. Victimisation
   
   Disciplinary action in accordance with relevant University policies may be taken against any person who victimises another person because of their involvement in these grievance resolution procedures, or because of their support of a complainant or a respondent. Such victimisation could include, for example, harassing or bullying the respondent or complainant, making overt or implied threats about a person's academic or career progress, or bias in the assessment of a student's academic work.

Related Documents

MOPP A/6.1 Grievance resolution policy

MOPP A/8.5 Grievance resolution procedures for discrimination related grievances

MOPP E/9.3 Student Ombudsman

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Modification History

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