Calendar 2011/12

I - Student Complaints Procedure

1 The University's Commitment
1.1 The University is committed to delivering a high quality service and encourages its students to tell it where there is cause for concern and a case for improvement.
1.2 At the same time it is expected that in raising possible issues of complaint, students themselves will have observed their obligations as members of the University, through meeting their academic commitments and a level of general behaviour that accords with University regulations or reasonable consideration for others.
1.3 We aim to handle complaints in a way that:
  • encourages informal conciliation
  • is fair and efficient
  • treats complaints with appropriate seriousness, sympathy and confidentiality
  • facilitates early resolution
  • allows the University or a particular part to benefit from the experience
1.4 Every effort will be made to ensure that the procedure operates as closely as possible to its declared timetable, at low cost and with minimum documentation, but always within the spirit of fairness to all sides.
2 Before You Complain
2.1 If you are considering making a complaint or need help or further information, you can seek advice from a number of sources. These may include one or more drawn from the following list but it could be well worth your while enquiring first of the Advice Centre of the Students' Guild about the best route to take.
  • Advice Unit of the Students' Guild
  • Your personal tutor/supervisor
  • Your School's student/staff liaison committee
  • Procedures outlined in your College's codes of practice
  • The Academic Policy and Student Administration Office in Northcote House
2.2 If you are seeking advice on the applicability and operation of the complaints procedure, the following offices will be able to help.
  • Academic Policy and Student Administration Office, Northcote House
  • Advice Unit of the Students' Guild
3 How to Complain
3.1 This procedure outlines a number of simple routes to be used by any student depending on the seriousness of the complaint.
3.2 The following list indicates examples of the type of complaint covered by this procedure:
  • A failing in a University service, academic or non-academic
  • Misinformation about academic programmes
  • Poor teaching or supervision
  • Insufficient facilities
  • The behaviour of a member of staff
  • The behaviour of another student
3.3 However, you should also note that for the following matters of potential dispute, separate procedures apply (details on the Web site indicated):
  If you do not have access to the Web, you can obtain paper copies of any of these procedures from the Advice Unit of the Students' Guild or the Director of Academic Services, Northcote House.
3.4 A flowchart outlining the complaints procedure appears as an Annex
4 Results
4.1 You will be asked to indicate at the start what type of remedy you are seeking. Such remedies might include changes in practice, financial compensation, disciplinary action against a student or member of staff, or a combination of these. Do remember that complaints will not always produce the outcome you seek. For instance, policy decisions or resourcing beyond the University's control may affect the level of service provided. However, whatever the decision, we undertake to inform you of the result of a complaint and the reasons for it.
4.2 Colleges and other units will ensure that within appropriate bounds of confidentiality, sections of the University are notified of the outcome of a complaint where those sections are expected to take action in response (which may include data on the student information system).
4.3 If your complaint is successful the University will consider meeting reasonable and proportionate incidental expenses necessarily incurred, although the University will not pay legal expenses.
4.4 If a complaint refers to matters or allegations that are, or that become, the subject of an appeal against an academic decision, the academic appeal will be completed before final completion of the student complaint.
4.5 If a complaint raises allegations of inappropriate behaviour by another student, these allegations will be referred to the Disciplinary Procedures. Referral of these allegations to the Disciplinary Procedures will be the final outcome of the Complaints Procedure. Details of the consideration or outcomes of any Disciplinary proceedings will not be reported to the original complainant.
4.6 If a complaint results in allegations about the conduct of a member of staff, these allegations will be referred to the University's Staff Disciplinary Procedures. Referral of these allegations to the Disciplinary Procedures will be the final outcome of the Complaints Procedure. Details of the consideration or outcomes of any Disciplinary proceedings will not be reported to the original complainant.
4.7 Anyone making unwarranted and unsubstantiated allegations concerning the conduct or reputation of members of staff may be subject to disciplinary proceedings on the grounds that they have harmed, or attempted to harm, the good order and discipline of the University and/or brought the University or its staff or students into disrepute.
5 Anonymity and Confidentiality
5.1 In general, those about whom complaints are made have a right to know what is being claimed and who is making a complaint. A copy of your complaint will normally be supplied to the person who is the subject of the complaint. There are exceptions to this rule, for instance in the initial stages of the harassment procedures. If, in the context of another type of complaint, you are concerned to protect your anonymity, please contact the Guild's Advice Unit which may be able to make initial enquiries on your behalf.
5.2 You will not be discriminated against or suffer recrimination as a result of making a complaint unless it is found to be malicious or vexatious (see 4.7).
5.3 It is the University's expectation that the confidentiality of the documentation generated by a complaint will be respected by all parties.
5.4 Each year a report will be prepared by Professional Services for the University/Guild Liaison Group (anonymously) detailing the sorts of general matters on which students have been raising complaints. We hope that in this way, broad concerns can be shared and appropriate action taken.

THE COMPLAINTS PROCEDURE

[Students who make use of this procedure should ensure that they inform those against whom they are raising a complaint that they are doing so under the procedure.]

6 INFORMAL STAGE
6.1 Wherever possible, issues of concern should be raised immediately with the member of staff responsible or, alternatively, with one of the support services such as those listed below, with the aim of resolving the problem directly and informally. It is anticipated that the vast majority of complaints will be resolved in this way.
  • Advice Unit of the Students' Guild
  • Your personal tutor/supervisor
  • Your College's student/staff liaison committee subject chair
  • The Academic Policy and Student Administration Office in Northcote House
6.2 The Informal Stage will generally be an oral process and a written record will not be made, but any staff involved will be encouraged to share the experience where the effectiveness of their College or section could benefit.
6.3 If you are still not satisfied with the response to your complaint, you should use stage 1 of the formal procedure outlined below.
7 STAGE 1: COLLEGE-LEVEL
7.1 The University appreciates that there may be occasions where the above process is inappropriate and that a more formal approach is necessary. Where it has not been possible to resolve matters to your satisfaction through the informal stage, you should write to the College Dean or manager of the section concerned making it clear that you are raising a formal complaint under these procedures.
7.2 Complaints must be made within three months of the end of the academic year in which the event(s) occurred which has led you to making a complaint. Complaints made out of time will not normally be considered unless you can demonstrate reasonable grounds why the complaint was not made earlier.
7.3 Your complaint must be specific and comprehensively documented. You should present full details, including your name and address, any relevant documentation, and dates, locations and witnesses as appropriate. You should also detail any previous unsuccessful attempts at informal resolution. Finally, you must state what remedy you seek or what reasonable steps you would like to be taken to resolve the complaint.
7.4 Where a complaint relates to an Inter-disciplinary Single Honours, Combined Honours or other multi-disciplinary programme, it should be addressed to the College Dean providing the particular module about which the complaint has been raised. Where the complaint is concerned with the wider management of the programme, reference should be made initially to the College Dean of which the Director of the programme is a member.
7.5 You should expect to receive an acknowledgement from the College Dean/manager of your written complaint within five working days. It is our aim that most complaints under Stage 1 should be resolved within 28 working days. You will be informed if there is likely to be any delay in the process.
7.6 A meeting will be arranged between you and the College Dean or manager or other appropriate authority to discuss the matter. You may, if you wish, be accompanied by a fellow student or past or present member of staff acting as a friend. A written record of the proceedings will be made by the College Dean/manager who will also take responsibility for arranging the meeting.
7.7 As part of the process of attempting to establish the facts of the complaint, the College Dean or manager will hold a separate meeting with the person(s) who is the subject of the complaint (and who may be accompanied by a colleague or union officer), and may also interview any material witnesses. A written record of the meeting will be made by the College Dean/manager.
7.8 The College Dean or manager will notify you in writing of the result of your complaint and the reasons for the decision. Where the result of the complaint includes consequent action or recommendations, the College Dean or manager of the section concerned shall notify the appropriate person(s) or committee, internal or external to the College, without undue delay.
7.9 Complaints at stage 1 should not be heard by persons previously involved in the complaint. Therefore, should your complaint relate to the College Dean/manager to whom it would normally be referred under this stage, it should be submitted to the Director of Academic Services who will arrange for it to be heard by an alternative, senior member of the same College or section not previously involved in the case.
8 STAGE 2 COMPLAINTS
8.1 If the complaint remains unresolved under Stage 1 to your satisfaction, you may write to the Director of Academic Services, within 10 working days of receiving the decision from Stage 1 explaining why you do not consider the matter resolved and what remedies you seek. No new grounds for complaint may be introduced at this stage, but you may seek alternative remedies at this stage.
8.2 It is our aim that Stage 2 of the complaints procedure will be completed as soon as possible and normally within 40 working days. It may sometimes be necessary to vary some of the time limits detailed in this procedure, but you will be informed if there is likely to be any delay in the process.
8.3 The Director of Academic Services (or their nominee) will ask the College Dean/manager to submit details of your original complaint, the supporting evidence considered under stage 1 and the report on the outcome at that stage and the reasons for it.
8.4 The Director of Academic Services will identify an appropriate senior member of the University from among the Deans of Faculty (past or present), Deputy Vice Chancellors (past or present) and lay members of Council (past or present) who has not been previously involved in the case. Together they will then investigate further. They may seek further written information from you to clarify matters concerning the complaint. Should your complaint relate to the Director of Academic Services, the Registrar and Secretary will nominate another senior administrative officer in Professional Services to hear the complaint with the senior member of the University.
8.5 The Director of Academic Services and the senior member of the University may then decide, if in their opinion the evidence justifies it, to uphold or reject a complaint without proceeding further with the complaint process. if so, a report detailing the reasons for their decision will be sent to you.
8.6 Otherwise the Director of Academic Services and the senior member of the University will arrange a (non-standing) Complaints Committee. The Committee will be chaired by the senior member of the University and will include an academic member of Senate and a student officer of the Students' Guild. No member of the committee will have previously been associated with the complaint.
8.7 The Director of Academic Services will produce a file of all the documentation so far considered at Stage 1. A copy of this file will be sent to you and you may be asked to clarify any specific queries about the nature of the complaint. You will be asked to give the name and status of any representative that you wish to accompany you at the Committee meeting. You will also be asked to identify any witnesses you wish to call and provide any additional documentation or evidence which you think should be considered by the Complaints Committee. You will be given 10 working days from receipt of the file to provide these details
8.8 The Director of Academic Services may also ask any member of the University staff to provide a response to the points made in your complaint, and to also identify any witnesses they wish to call and to provide any additional documentation or evidence which they think should be considered by the Complaints Committee. They will be given 10 working days from receipt of the file to provide these details.
8.9 The Director of Academic Services or the Chair of the Complaints Committee may, for good reasons refuse to allow either party to call a particular witness.
8.10 Depending upon the complexity of the complaint and the number of witnesses being called, the Director of Academic Services may require you and the member of staff who has been asked to respond to the complaint to provide a written statement of the evidence from each of their witnesses. Copies of these statements must be sent to the Director of Academic Services at least 5 working days before the hearing.
8.11 The Complaints Committee or the Chair acting on its behalf may also call witnesses, should it conclude that evidence is required additional to that provided, or likely to be provided, by the witnesses called by you or the member of staff who has been asked to respond.
8.12 Once all additional documents have been received, a final file will be produced and a copy sent to you, to the member of staff who has been asked to respond to the issues raised, and to the Complaints Committee. A meeting of the Committee will then be arranged. you will be given at least 10 working days notice of the date of this Committee. The hearing will be attended by a member of Professional Services who will make a written note of the proceedings.
9 COMPLAINTS COMMITTEE PROTOCOL
9.1 The meeting will enable the Committee to give fresh consideration to the merits of your original complaint and/ or the way in which your complaint has been previously handled. They may also reconsider the appropriateness of the outcomes of the previous stage of the procedure. However, the hearing will not be conducted as an alternative to any part of the disciplinary or grievance procedures which apply to students or to members of staff.
9.2 You may be accompanied to the meeting of the Complaints Committee by someone (normally a member of the University) who may speak on your behalf, and, at the discretion of the Chair, may question witnesses directly.
9.3 At the meeting of the Complaints Committee you or your representative will first present the case for your complaint, and you may call any witnesses whose names you previously notified to the Director of Academic Services. The member of staff who is responding to the complaint and the members of the Complaints Committee may also question the witnesses.
9.4 The member of staff who is responding to the complaint will then present their response to your complaint, and may call any witnesses whose names have been previously notified to the Director of Academic Services. You may then question these witnesses and the Complaints Committee may then ask the witnesses any further questions.
9.5 Witnesses called by the Complaints Committee will be questioned by the members of the committee and may also be questioned, in turn, by you (or your representative) and then by the member of staff who is responding to your complaint.
9.6 You or your representative will then be given an opportunity to present a summary of your complaint, and the member of staff who has been asked to respond will then be allowed to present a summary of their response.
9.7 The Chair of the Complaints Committee may (at his/her discretion) arrange for the Complaints Committee to retire to makes its decision and then return and summarise its decision in front of all those attending at the hearing or terminate the meeting in order for the Committee to consider its decision at length.
9.8 The decision of the Committee will be final in so far as the University's complaints procedures are concerned. You will be informed in writing of the decision and the Committee's reasons for it by the Director of Academic Services or their nominee within 5 working days of the Committee meeting. The decision will also be reported to the Council and the Senate. If, in your opinion, your complaint remains unresolved after Stage 2, you can possibly apply to the Office of the Independent Adjudicator for Higher Education. See http://www.oiahe.org.uk
9.9 If the Committee's decision is that any steps should be taken as a consequence of or following the complaint or appeal, then the Director of Academic Services or nominee will endeavour to take or monitor such steps, as appropriate.
10 MISCELLANEOUS
10.1 If you, or the member of staff responding, or any of the witnesses are unable to attend the Complaints Committee meeting, or to comply with any time limits set out in this protocol, this will not necessarily invalidate the proceedings and the Committee meeting may go ahead in their absence. Preparations for the appeal hearing may continue at the discretion of the Director of Academic Services. The Complaints Committee meeting itself may continue at the discretion of the Chair.
10.2 The Director of Academic Services or the Chair of the Complaints Committee may, for good reasons submitted by either side or at his/her own discretion, either adjourn or postpone the Committee meeting for such period as he/she may specify or until after the occasion of a specific event (e.g. consideration by the Council of a relevant issue)

 Student Complaints Procedure

           
Informal stage Student tries to resolve matter by informal discussion with the person involved
Complaint resolved
END
  Complaint still unresolved
       
Stage 1 (28 working days) Formal complaint to College Dean or Manager
Complaint resolved
END
  Complaint still unresolved
       
Stage 2 (40 working days) Submitted to Director of Academic Services and senior member of University.
Complaint resolved or dismissed
END
  Complaints Committee
Complaint resolved or dismissed
END
  Complaint still unresolved
       
OIA Submitted to Office of the Independent Adjudicator