1. Purpose of policy

1.1 The purpose of this policy is to:

(a) to provide a framework for students to submit a grievance;

(b) provide a framework to investigate and resolve student grievances in a timely, fair and just way and ensures all grievances are resolved without victimisation or intimidation of anyone connected with the grievance; and

(c) describe the expectations and responsibilities of staff and students engaged in the student grievance resolution processes.

2. Policy scope and application

2.1 This policy applies to all students and recently enrolled students of the University regardless of the location of their studies either on-campus or off-campus.

2.2 This policy applies to all grievances raised by students.

2.3 For the purpose of this policy, a person whose enrolment is suspended or cancelled by the University may access this process to raise a grievance about the decision to suspend or cancel their enrolment.

2.4 For the purpose of this policy, a former student wanting to raise a grievance Section 5.5 may access this process.

2.5 A University of the Sunshine Coast student who undertakes cross-institutional study at another university is considered a student of the host institution for matters directly relating to their studies at that institution.

2.6 The University will respond to any grievance submitted by an international student enrolled at the University of the Sunshine Coast related to the University, the University’s education agents or any related party with whom the University has an arrangement to deliver the international student’s course or related services.

3. Definitions

Please refer to the University’s Glossary of Terms for policies and procedures. Terms and definitions identified below are specific to this policy and are critical to its effectiveness:

Anonymous complaint: A grievance may initially be made by a complainant or representative anonymously and, where sufficient information is provided to make an investigation feasible, such grievances will be investigated.

Appeal: A written application by a complainant to have a decision affecting the complainant investigated. An appeal may be upheld or dismissed in part or in whole or a new determination made.

Complainant: The student raising the grievance.

Discrimination related grievances: Matters relating to unfair treatment based on attributes such as a person's race, disability, gender or sexuality. Refer to the Sexual Assault Sexual Harassment and Respectful Relationships (Students) - Governing Policy.

External review: An application to an external agency by a complainant dissatisfied with the grievance process seeking an appraisal of the fairness and appropriateness of the grievance process undertaken by the University.

Frivolous grievance: A grievance that is deemed to be groundless and trivial. A complaint found to be frivolous will be dismissed by the University.

Grievance: A real or perceived cause for complaint, dissatisfaction, disagreement or dispute, concerning a student for which resolution is being sought. Grievances must be related directly to the student’s studies at the University or life as a student.

Human rights: as defined in the Human Rights Act 2019 (Qld). Rights relevant to a student’s relationship to the University may include (but are not limited to) the rights of freedom of thought, conscience, religion and belief; freedom of expression; peaceful assembly and freedom of association; cultural rights including those of Aboriginal peoples and Torres Strait Islander peoples; the right to a fair hearing; and the right to protection of privacy and reputation.

Mediation/conciliation: Informal discussions and negotiations involving the complainant and respondent(s) trying to reach a mutually acceptable resolution of the student’s grievance. Resolution is therefore reached by agreed outcome, and not by an imposed decision.

Procedural fairness:

“‘Procedural fairness is about providing a person who might be adversely affected by a decision a ‘fair hearing’ before the decision is made.”(1) It refers to the process by which a decision is reached and not the decision itself. With regard to misconduct, procedural fairness requires that a student against whom an allegation of misconduct is made by the University be provided with:

• all relevant details and evidence of the alleged misconduct; and
• an opportunity to present their version of events concerning the alleged misconduct.

The procedure also requires an investigator and/or decision maker to:

• act impartially, without bias and without preconceived notions of culpability;
• commence and complete the investigation without undue delay;
• make inquiries and make findings of fact about the matter/s raised based on sound reasoning and relevant evidence;
• consider all relevant information and evidence;
• not take into account any irrelevant matters;
• inform the student(s) concerned of the allegation and the range of possible consequences if the investigation results in the allegation being substantiated;
• provide the student(s) concerned with the opportunity to respond to and put forward evidence or arguments in their favour;
• provide an opportunity for the student(s) concerned to make a case concerning why a particular consequence should not follow in the event that the allegation is substantiated; and
• deal with the allegation in a timely manner.

Review: A written application by a complainant requesting an appraisal of an initial decision affecting the complainant. The review is conducted by an independent or more senior officer of the University who is a designated decision maker. A request for a review may be upheld in part or in whole or a new determination made.

Vexatious grievance: A grievance made maliciously with the intent to annoy or embarrass the respondent or made with another ulterior purpose. A grievance found to be vexatious will be dismissed by the University. Making a vexatious grievance may constitute misconduct under the Student Conduct – Governing Policy.

4. Policy Statement

4.1 The University will maintain and comply with processes which ensure it fulfils the responsibilities and obligations under procedural fairness and provide processes to investigate grievances.

4.2 The University is committed to making decisions consistent with the Human Rights Act 2019 (Qld).

5. Principles

5.1 Depending on the type of grievance (refer to Schedule A), the grievance will be resolved using one of the following procedures:

(a) Student Grievances - Procedures; or

(b) Student Review and Appeals - Procedures.

5.2 If a student raises a grievance that relates to a review or appeal that also involves a separate grievance that falls under the scope of the Student Grievances – Procedures, the review or appeal decision maker may not be in a position to respond to all aspects of the grievance. In such instances, the grievances may be separated so that the review or appeal is managed under the Student Review and Appeals – Procedures and the separate grievance is managed under the Student Grievances – Procedures.

5.3 The University will:

(a) manage student grievances in accordance with procedural fairness principles;

(b) ensure that student grievances are properly and impartially considered by the relevant decision maker (see Schedule A);

(c) administer student grievances within the time limits as determined in the Student Grievances – Procedures or the Student Review and Appeals – Procedures, dependent on the type of grievance;

(d) respect confidentiality by disclosing only information necessary to consider and respond to a request for resolving a grievance;

(e) explain a decision clearly in writing and ensure that any further steps the student may take in the resolution process are conveyed with the decision; and

(f) neither intimidate nor victimise a complainant, respondent or any other person involved with the grievance.

5.4 Students are expected to:

(a) familiarise themselves with the Student Grievance Resolution – Governing Policy and, depending on the type of grievance (see Schedule A), the relevant procedures prior to submitting a request for the resolution of a grievance;

(b) ensure that a formal grievance is submitted in writing within the specified deadlines;

(c) provide the required documentation for the type of grievance in accordance with the relevant procedures;

(d) explain their grievance clearly with reasons;

(e) provide evidence in support of their grievance; and

(f) act in good faith and not submit grievances for frivolous or vexatious reasons.

5.5 Student Grievances

5.5.1 Grievances considered in accordance with the Student Grievances - Procedures relate 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.

5.5.2 Categories of grievances considered under the Student Grievances - Procedures are set out in Table 1 of Schedule A.

5.5.3 The process for raising these grievances is governed by the Student Grievances – Procedures. The process has two or three required steps depending on the category of grievance (as specified in Table 1 of Schedule A):

Step 1: Resolve the non-academic grievance informally;

Step 2: Make a formal grievance; and

Step 3: Refer the grievance to the final decision maker.

5.5.4 The student, in raising these grievances, is typically seeking:

(a) an apology;

(b) correction of an error in relation to the student or the student’s record;

(c) a decision by the University; and/or

(d) improvement of existing services and processes.

5.5.5 Decision makers for each step of grievances managed through the Student Grievances – Procedures are set out in Table 1 of Schedule A.

5.6 Review and Appeals

5.6.1 The Review and Appeals – Procedures manage student grievances related to University decisions which may be reviewed and/or appealed and include substantiated findings of student general misconduct and student academic misconduct.

5.6.2 University decisions which may be reviewed and/or appealed are set out in Table 2 of Schedule A.

5.6.3 The process for making an academic grievance is governed by the Student Review and Appeals – Procedures. The process has two or three required steps depending on the particular decision (as specified in Table 2 of Schedule A):

Step 1: Understanding the decision;

Step 2: Reviewing the decision; and

Step 3: Appealing the decision.

5.6.4 The student, in raising a review or appeal grievance, is usually seeking:

(a) the original decision to be set aside; and/or

(b) the original decision to be amended.

5.6.5 The University will not set aside a decision simply because the student disagrees with it.

5.6.6 Decision makers for each step of review or appeal grievances managed by the Student Review and Appeals - Procedures are set out in Table 2 of Schedule A.

5.6.7 If a student is raising a review or appeal grievance related to suspension, expulsion or exclusion, they will usually be entitled to continue being enrolled in their program of study while the grievance is being resolved by the University.

6. Authorities/Responsibilities

6.1 The following authorities/responsibilities are delegated under this policy:

Footnotes

(1) Good Decisions resource Queensland Ombudsman (https://www.ombudsman.qld.gov.au/improve-public-administration/public-administration-resources/good-decisions)

END of Policy

Schedule A: Relevant decision makers for resolution of grievances

Notes:

• Where the nominated decision maker was involved in the decision at a previous stage, the review or appeal will be delegated to another appropriate senior staff member, for example, where the Course Coordinator is also the Head of School.
• The Office of the Pro Vice-Chancellor (Students) or Student Services and Engagement receive grievances submitted through the online portal and will refer the grievance to the relevant decision maker. If the submission does not have sufficient information as per the relevant procedures, the student may be requested to provide the information before the grievance is accepted for consideration.

Schedule A includes two tables:

• Table 1: Grievances managed through the Student Grievances - Procedures
• Table 2: Grievances managed through the Student Review and Appeals - Procedures

Table 1: Grievances managed through the Student Grievances - Procedures

Table 2: Grievances managed through the Student Review and Appeals - Procedures

END