ASTON UNIVERSITY. STUDENT COMPLAINT PROCEDURES for suggestions, comments, concerns and complaints

Transcription

1 1. Purpose and Scope ASTON UNIVERSITY STUDENT COMPLAINT PROCEDURES for suggestions, comments, concerns and complaints As stated in its Student Charter, Aston University is committed to a partnership approach in its dealings with students through open and transparent communication, by providing clear information and ensuring that all processes are fair. The scope of these Procedures includes suggestions, comments, concerns and complaints in respect of the student experience at the University, including services and facilities provided by Schools or Head of Support Departments such as Residential Services, Catering, Information Services Aston (ISA), Finance, Careers Advice, The Hub, Library/Learning Resources, and Registry. Students from partner colleges will normally be expected to use the relevant procedures of their college, except where their matter concerns a service provided by University staff on University premises. Suggestions, comments, concerns and complaints should be made through the following routes: In the diagram below complaints incorporates suggestions, comments, concerns and complaints Complaints' Procedures If your complaint is related to decisions made by examiners and Boards of Examiners If you are a research student and have not yet submitted your thesis Complaint concerning misconduct of a student Complaint Concerning misconduct of a member of staff Complaint concerning the Students' Union Academic Appeal Procedure General Regulations for Degrees by Research and Theses Regulations Governing the Discipline of Students Contact Executive Dean of School/Head of Support Department Contact the Chief Executive, Aston Students' Union Contact your School Office in the first instance Contact your School Office in the first instance Contact your School Office in the first instance Please note that the Students Union provides independent help and advice for students wishing to raise a concern, please contact the Advice and Representation Centre (ARC). 1

2 2. Principles 2.1 The University has a duty of candour and recognises that from time to time students 1 may have suggestions, comments, concerns or complaints about University facilities or services they receive from its staff. These procedures aim to provide a simple and comprehensible means by which students may raise such matters with appropriate University staff. 2.2 Students may ask for information, advice and help in raising a matter from anyone they wish. At any stage, the student has a right to be accompanied and represented by a member of the University community who may speak on the student s behalf if they wish (, Personal Tutors, Residence Tutors, Chaplains, and Director of the Hub, Counselling and Disability Support). Students may also see advice that is independent from the university (e.g. Advice & Representation Centre (ARC) in the Students Union, Students Union Officers or from other (non-aston) organisations). 2.3 Aston University welcomes comments and suggestions from students as to how the University might enhance its effectiveness and/or improve its services. Students are encouraged to send any suggestions in writing to the appropriate Staff Student Consultative Committee, Executive Dean of School or Head of Support Department. The University will respond to students concerns as quickly and fairly as possible. 2.4 The University will ensure that the service and care provided to any student making a comment, suggestion or concern/complaint will not suffer in any way as a result of the action taken. 2.5 The University will maintain the confidentiality of comments, suggestions and complaints where appropriate. Whilst the University will not usually accept anonymous complaints, should a student wish to have their identity withheld from the focus of the complaint this will be considered by the Director of Registry and Student Services. No action will be taken to reveal the student s identity without them being informed in advance. 2.6 The service provider should normally be informed that a complaint has been made and that it is being investigated. 2.7 The University expects that students will not engage in frivolous or vexatious complaints. If it is established that an allegation or complaint has been made maliciously or in bad faith, disciplinary action may be taken against the person making the allegation. 1 For the purposes of the policy the term students includes all currently enrolled students including students on a placement year, students who are on an official leave of absence and students who have graduated within the previous twelve months. 2

3 3. How to raise a concern/make a complaint Stage 1 - student has a concern they wish to raise Student to raise concern with their Personal Tutor/immediate manager of the service within 30 calendar days of the issue arising Concern Concern not Concern case closed Go to Stage 2 Stage 2 - matter has not been resolved as a concern and is now considered to be a complaint Student to submit complaint in writing to Executive Dean of School/Head of Department within 14 calendar days of the response from the School/Department Executive Dean of School/Head of Department will respond within five working days explaining how complaint will be handled. Student may be invited to meet with relevant Head of area. Student will be informed of outcome Satisfactory response - case closed Unsatisfactory response, student may take complaint to stage 3 of process. Stage 3 - matter has not been resolved at Stage 2 Director of Registry and Student Planning convenes a meeting of the Complaints Committee Concern Concern not Concern case closed Go to Stage 4 3

4 Stage 4 - all attempts to resolve complaint have now failed Matter is referred to the Director of Registry and Student Services for Complaint Outcome Review Satisfactory outcomecomplaint resolved and case closed. Unsatifactory outcome - complaint now referred by student to the Office of the Independent Adjudicator 3.1 Stage 1 It is hoped that most problems will be dealt with informally, in a spirit of conciliation without the need for recourse to a formal procedure. As a first step, a student with a comment, concern or complaint should try to resolve the matter with their Personal Tutor or with the immediate manager/supervisor of the service. In many cases, that person can best respond to the matter being raised. If the response is unsatisfactory however, the student may use Stage 2 of the Complaints Procedure set out below. A student may also use Stage 2 of this procedure if they consider that the matter is too serious to be dealt with informally. 3.2 Stage 2 If Stage 1 has failed to give a satisfactory outcome to the student, the student should raise the matter with the relevant Executive Dean of School/Head of Support Department in writing, within 30 calendar days of the event concerned unless there is a demonstrable good reason for needing a longer period. (If students are not aware of who is responsible for the service they should seek advice from the Director of Registry & Student Services.) Written complaints involving the Executive Dean of School/Head of Support Department should be submitted directly to the Chief of Operations and Estates. The Executive Dean of School/Head of Support Department will normally respond to the student within five working days, explaining how the matter will be processed. The matter will be investigated fully (normally this will involve an invitation for the student to discuss the matter in person with the Executive Dean of School/Head of Support Department) and the student will normally receive a written response within fifteen working days of this meeting. The Executive Dean of the School/Head of Support Department will determine whether the Director of Registry and Student Services should be consulted or informed of the matter. If the student is satisfied with the response received, and does not wish to take the matter further, the information gained from the student will be used to improve the service provided by the University. If the matter is not resolved to the complainant s satisfaction within the fifteen working days from the date of the meeting or is subject to further investigation in a way which is unsatisfactory to the student, the student should refer the matter to the Director of Registry and Student Services within ten working days of the date of the outcome letter. 4

5 3.3 Stage 3 Stage 2 must be followed before Stage 3 can be invoked. If the student is not satisfied with the response to their complaint the Director of Registry and Student Services will convene a meeting of the Complaints Committee. Prior to the meeting the student will be informed of their right to be represented and or accompanied at the hearing. 3.4 Stage 4 Stage 3 must be followed before Stage 4 can be invoked. If the student remains dissatisfied they may ask in writing and within fourteen days of receiving the formal outcome of the complaint for a Complaint Outcome Review. The student must outline the grounds for the request for a review, the allowed grounds are: i) A request for a review of the procedures followed at the formal stage ii) A consideration of whether the outcome was reasonable iii) New material evidence which the student was unable, for valid reasons, to provide earlier in the process. 3.5 Should the student wish to complain beyond these grounds they will be communicated to to explain the limits of what the review can cover. 3.6 On receipt of a request for a Complaints Outcome Review, the Director of Registry and Student Services will allocate the complaint to be reviewed by a senior member of staff who has not been previously involved in the case. Questions that may be considered in such a review include: i) Were the relevant procedures followed during the formal stage? ii) Was the outcome reasonable in all the circumstances? iii) Has the student received clear reasons why the complaint was rejected at the formal stage? iv) If new material evidence has been provided, has the student given valid reasons for not supplying this earlier? 3.5 The student will be communicated the outcome of the Complaints Outcome Review in a Completion of Procedures letter which will include details of how to take their case to the Office of the Independent Adjudicator for Higher Education if they remain dissatisfied. 4. Office of the Independent Adjudicator for Higher Education 4.1 Should the student remain dissatisfied following the outcome of the Complaint Outcome Review they may take their complaint to the Office of the Independent Adjudicator for Higher Education (OIA). The student must submit a complaint form to be received by the OIA within three months of the date of their Completion of Procedures letter that they will be given on completion of the University procedures. Guidance on submitting a complaint to the OIA and the OIA Complaint Form can also be found on the OIA s website Students may also wish to seek advice from the Advice & Representation Centre (ARC) in the Students Union about taking their complaint to the OIA. The OIA will normally only review issues that have been dealt with through the University s internal procedures. 5

6 APPENDIX I 1. Composition of the Complaints Committee THE COMPLAINTS COMMITTEE One Lay Member of Council (Chair) One Executive Dean of School or Head of Support Department One Staff Member of Senate not being a Executive Dean of School Sabbatical Officer of the Students Union or nominee. University Chief of Operations and Estates or nominee (Secretary) No member of the Complaints Committee shall have had any previous connection with the case or be from the same School as the complainant. In cases where the complaint is about someone who by virtue of their role should usually be a member of the Committee, the Vice-Chancellor has the discretion to co-opt a replacement. 1.1 Terms of Reference The terms of reference of the Complaints Committee shall be: i) to consider a student s complaints in respect of their experience at the University, including services and facilities provided by Schools or any support departments, ii) to report its decisions to the Council. 2. Protocols for the Complaints Committee 2.1. The Chair shall confirm to the parties the nature of the complaint. 2.2 The Chair will ask the aggrieved student (or representative) to present their case in support of the complaint, and to introduce any witness(es) in support of the complaint The Committee may ask questions, through the Chair, of the student and/or representative and/or their witness(es) at any time The Chair will ask the person against whom the complaint has been raised to respond to the complaint, and to introduce any witness(es) in support of the response The Committee may ask questions, through the Chair, of the person against whom the complaint has been raised and their witness(es) at any time. 2.6 The Chair will ask the student (or representative) bringing the complaint to summarise their case The Chair will ask the person against whom the complaint has been raised to summarise their case. 2.8 The parties will be asked to leave the meeting and the Committee will consider the evidence that has been heard in order to reach a decision based on the balance of probabilities, and may at this stage choose to reconvene the hearing to a later date in order to obtain further evidence or advice from other parties. Should this be the case, all parties will be invited to attend the reconvened meeting The Chair will announce the Committee s decision, either by calling the parties together or in writing. The outcome of the hearing will be confirmed in writing within five working days The decision letter sent to the student will outline the Complaints Outcome Review process. 6