I - Student Complaints Procedure
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1 |
Introduction |
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This procedure provides a mechanism for addressing concerns raised by students promptly, fairly and effectively in order to help the University of Exeter achieve the highest quality in its education and research provision. |
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2 |
Guiding principles |
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2.1 |
The University seeks to minimise student complaints by ensuring that students have opportunities to participate in formal decision-making processes at all levels and by encouraging regular feedback through Student/Staff Liaison Committees. |
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2.2 |
In the event that you are dissatisfied with a University service, the University seeks to |
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a) resolve the matter at the earliest possible opportunity |
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b) investigate fairly and thoroughly |
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c) ensure the process is unbiased |
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2.3 |
It is the intention of the procedure that complaints are resolved as quickly and at as early a stage as possible. |
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2.4 |
In order to achieve this, the University asks that you will have observed your own obligations and raised the problem as soon as it arose. |
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2.5 |
Details of your complaint will remain confidential to the parties concerned. |
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2.6 |
In the interest of natural justice, you, and anyone else involved, will be entitled to see all evidence to be considered and to put their case. |
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2.7 |
If there is to be a hearing, everyone involved will have the right of attendance and to be heard |
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2.8 |
Anonymous complaints or evidence will not be considered. |
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2.9 |
If there are allegations of a criminal offence, the University may refer the matter to the police and suspend its own proceedings until the outcome of any criminal proceedings are known. |
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2.10 |
You will not be disadvantaged as a result of making a complaint. However, if it is later discovered that a complaint was not genuine, the University may consider initiating the disciplinary procedure. |
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3 |
Who may use this procedure and in what circumstances |
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3.1 |
You may only use this procedure if you are a currently registered student at the University of Exeter or, in the case of taught students, if you are within one month of ceasing your registration. If you are a postgraduate research student, you may use the procedure until one month after you have been notified of your final award or notice of withdrawal. |
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3.2 |
The procedure is available for you to raise concerns about your University experience (eg teaching, supervision or support services) |
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3.3 |
This procedure does not cover academic appeals which are dealt with under the Appeals Procedure which can be found at http://www.exeter.ac.uk/staff/policies/calendar/part1/otherregs/appeals/ |
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3.4 |
Nor does it deal with allegations of bullying or harassment which are dealt with under http://www.exeter.ac.uk/staff/equality/dignity/takingaction/ |
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3.5 |
The procedure is for the use of individual students only. Where several students share a concern and wish to raise the matter as a group, they should do so through the College student feedback procedure such as the relevant Student/Staff Liaison Committee. Where this fails to resolve the problem, individual students may raise the matter formally under this procedure and move immediately to the formal process (Stage2). Raising the issue at the relevant Student/Staff Liaison Committee will qualify as having raised the matter informally and allow you to raise the matter as an individual formal complaint. |
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Before you complain |
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4.1 |
Before initiating a complaint, you may wish to take advice. Amongst those who may be able to help are the following
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How to complain |
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5.1 |
There are three stages to the Complaints Procedure. In summary, they are :- |
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a) Stage 1: The Informal Stage |
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At this stage you should raise the issue with the person most directly responsible. If you feel unable to do this the Students’ Guild Advice Unit, or the FXU in Cornwall, with your consent, will help you. You may not raise a formal complaint unless you can demonstrate that you have first raised the matter informally. |
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b) Stage 2: The First Formal Stage |
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At this stage you should ensure your complaint is put in writing and addressed to the head of the relevant service or the College Dean (who may have a nominated representative). You should ensure that you explain with whom you raised the matter informally, the outcome and why you remain dissatisfied. |
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c) Stage 3: The Second (and final) Formal stage |
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At this stage you should refer your complaint to the University centrally through the Student Cases Office. This may only be done if the first two stages have been completed. |
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You are invited, when making your complaint, to indicate what resolution you are seeking, without prejudice to any final remedy. You are reminded that an informal resolution to your complaint is possible at any stage. |
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6 |
The procedure |
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6.1 |
Stage 1: The Informal Stage |
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This stage is intended to be a largely oral process. It is expected that you will make every reasonable attempt to raise the complaint with the responsible individual as soon as possible after the event which is the subject of the complaint and that this individual will make every effort to resolve the complaint at this level. This person will be able to supply you with written confirmation that you raised a complaint informally should the matter not be resolved and you wish to proceed to Stage 2. This may be in the form of an e mail. It is recognised that there may be exceptional circumstances in which you may consider you cannot approach the individual concerned. In such cases, you may seek help from someone else such as your Personal Tutor or the person nominated by the Service or College to deal with complaints to ask for assistance. You may also approach the Students’ Guild Advice Unit (or the FXU in Cornwall). |
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6.2 |
Stage 2: The First Formal Stage |
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6.2.1 |
In order for the complaint to be considered formally, you must put the complaint in writing on the Student Complaint Form and send it to the person nominated by the College or Service to deal with complaints. In Colleges this will usually be the Assistant College Manager (Education). For services, the most appropriate person can be found on their website. Your details, the details of the complaint, the remedy sought and any supporting evidence should be included. You should also explain how the matter has been raised informally and why you remain dissatisfied. If no attempt at informal resolution has been attempted you will be asked to attempt this before the matter is considered formally. You should attach an e mail or other written confirmation that the matter has been raised informally to the form. |
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6.2.2 |
No complaint will be accepted formally unless the informal stage has been attempted. |
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6.2.3 |
You should expect to receive an acknowledgment from the College or Service concerned within one week of your formal complaint being received. |
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6.2.4 |
We aim to resolve a formal complaint, which has previously been raised informally, within one calendar month of receipt. If there is likely to be a delay you will be informed of this and the reasons for it. |
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6.2.5 |
You will be offered a personal meeting with the College Dean, Head of Service or relevant nominee in order that you can explain your complaint and why you remain dissatisfied. At that meeting, an administrator will be present to take notes. You will be given a copy of these notes for your records. You may be accompanied to this meeting by another student, a member of the Guild Advice Unit, FXU, or a member of the University staff but you should inform the College that you wish to be accompanied and give them the name of your supporter. |
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6.2.6 |
The College Dean, Head of Service or nominee may undertake whatever investigation is considered appropriate in order to establish the facts of the case and, if meetings are held with members of staff, notes will be taken by an administrator and you will be entitled to a copy of those notes. Similarly, if the complaint is about a member of staff he or she will be entitled to see all the relevant documentation, including the notes of your meeting with the College Dean or Head of Service. |
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6.2.7 |
You will receive a written decision which addresses the points you have made and gives reasons for the conclusion reached. The letter will also advise you of your right to refer the matter to Stage 3. |
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6.2.8 |
Where recommendations are made as a consequence of your complaint, you will be entitled to know what these may be and when they will be implemented. |
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6.3 |
Stage 3: The Second (and final) Formal Stage |
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6.3.1 |
If your complaint is not resolved under Stage 2, you may refer it to the University centrally via the Student Cases Office within two weeks of the date of the final response letter from the College Dean or Head of Service (or nominee). Please use this to explain why you feel dissatisfied with the outcome at Stage 2 and what remedy you seek. You should send copies of all relevant documentation with the Student Complaint Form. No new ground of complaint may be raised at Stage 3 but you may submit further evidence in support of your case or suggest a new remedy. |
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6.3.2 |
The University aims to complete Stage 3 within two calendar months of the receipt of the complaint at Stage 3. If there is likely to be a delay we will inform you of the reasons. |
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6.3.3 |
The Student Cases Office will obtain a copy of the full file from the College or Service concerned and will identify a senior member of the University who has not previously been involved in the case to consider the paperwork. The senior member of the University will consider the complaint, along with a Student Cases Policy Advisor. Together they will decide whether the complaint should be rejected or whether there are reasons why it should be considered by a Complaints Committee. If the complaint is rejected at this stage you will be sent a letter explaining the reasons for the decision. This will complete the University’s internal procedures and the letter will be a formal Completion of Procedures letter which will set out your right to refer the matter to the Office of the Independent Adjudicator if the matter qualifies under its rules. |
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6.3.4 |
If a committee is convened, it will be chaired by the senior member of the University (referred to above). The committee will be a (non-standing) committee of Senate and will include an academic member of Senate and a full time sabbatical executive officer of the Student Guild or FXU such as the Guild President. No member of staff involved in the committee may have been associated with the complaint or the College or Service against whom the complaint has been lodged. |
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6.3.5 |
A Student Cases Advisor will prepare the documentation for the committee meeting which will consist of all paperwork relevant to the case. You may submit further documents for consideration only if there are good reasons why they were not submitted earlier. The amount of paperwork must be proportionate. |
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6.3.6 |
The file of documents will be sent to you at least one week before the committee is due to meet. |
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6.3.7 |
Either party, or the committee, may call witnesses. If witnesses are to attend they will be asked to submit a written statement at least two weeks prior to the hearing. These statements will be circulated to all parties as part of the committee file. It will be the responsibility of the person calling the witness to ensure the statement is supplied in time to be included in the file of committee papers |
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6.3.8 |
The committee Chair may, for good reason, refuse to allow a particular witness to be called. |
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7 |
Complaints committee protocol |
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7.1 |
The committee will give fresh consideration to all matters which form the substance of the complaint as well as the way in which the complaint has been handled. However, it may not act as a disciplinary body. |
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7.2 |
You may be accompanied to the meeting by a friend or other supporter who would usually be a member of the University or the Student Guild Advice Unit or FXU. Your supporter may, at the discretion of the Chair, address the meeting or ask questions on your behalf. |
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7.3 |
At the meeting, you will be asked first to present your case and you may call witnesses whose testimony you have previously submitted. You, and your witnesses, may be questioned by the committee and the person or the representative of the College or Service which is the subject of the complaint. |
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The representative of the Service or College, which is the subject of the complaint, will then be allowed to present the case for the College or Service, respond to your points and may call witnesses whose testimony has previously been submitted. The representative and the College or Service’s witnesses may be questioned by the committee or yourself. |
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7.5 |
Both sides will then be given the opportunity to sum up their case. |
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7.6 |
The burden of proof will be on the complainant. |
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7.7 |
The standard of proof will be on the balance of probability. |
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7.8 |
The committee will then retire to consider its decision and the clerk to the committee will aim to inform you of the outcome of the hearing within one week. A report of the committee, with a Completion of Procedures letter will be sent to you as soon as possible but no later than three weeks after you have been notified of the outcome. |
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7.9 |
This letter will confirm that University’s internal procedures have been exhausted. If you remain unhappy with the outcome you may refer the complaint to the Office of the Independent Adjudicator for consideration if it is eligible under its procedures. This must be done within three months of the date on which the Completion of Procedures letter was issued. Information on the process can be found at http://www.oiahe.org.uk/docs/OIA New Rules.pdf |
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7.10 |
If you are unable to attend the committee meeting or comply with the timescales this will not invalidate the proceedings and the meeting may be held in your absence. |
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8 |
Timescales |
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8.1 |
The University will not normally consider a complaint initially (Stage 1) which is raised more than one calendar month after the incident giving rise to the complaint unless there are good reasons for the delay. |
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8.2 |
In the event that you feel there are good reasons for the delay, you should let the College or Service know of those reasons and should support this with independent evidence in writing from a relevant professional (eg doctor). |
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8.3 |
The University aims to resolve matters as quickly as possible. The University aims to give decisions within the following timescales :- |
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a) Stage 1: within two weeks of the matter being raised with the person responsible |
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b) Stage 2: within one calendar month of the College or Service receiving a formal complaint when the matter has previously been raised informally |
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c) Stage 3: within two calendar months of receipt of the complaint at Stage 3 |
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If the matter requires further investigation and the time scales cannot be achieved, you will be informed of the delay in writing and the reasons for it. |
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9 |
Service improvement |
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9.1 |
Where recommendations are made by a Stage 2 Complaints Committee for service improvement, the College or Service concerned will inform the Student Cases Office of the steps that have been taken to remedy the situation within two months of the date of the committee report. |
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9.2 |
Each year, Colleges and Services will supply an annual report to the Student Cases Office which will include the numbers of cases considered at Stages 2 and 3 whether or not there have been any Committee recommendations for improvement. The Student Cases Office will prepare an annual report to Senate, the Faculty Boards and the University Student Exchange Group. |
