SECTION 30: APPEALS AND GRIEVANCES IN RELATION TO COURSE PROCEDURE & COMPLAINTS IN RELATION TO DISCRIMINATION OR HARASSMENT Background There are a number of procedures open to trainees who have serious concerns about their training and who wish to raise these with the Course or the University. Before detailing them it is worth observing that all these procedures encourage trainees to initiate “informal” discussion before invoking formal procedures. This is not a way of discouraging them from drawing attention to concerns, more a hope that matters can be resolved efficiently through this route. However, if this option is not felt to be appropriate by the trainee, or they feel that the outcome of ‘informal’ discussions has not been satisfactory, they may wish to invoke formal procedures. In the first instance “informal” discussion means drawing attention to any concerns by talking to Course Tutors, members of staff with whom the trainee feels comfortable (for example, if the trainee feels that their relationship with the Tutor is not a good one), or with the Course Directors. The Course aims to be responsive, and many matters can be resolved through these routes. However, there may be times when the course itself is the problem, and trainees might consider a more formal procedure more appropriate. These are outlined below, with hyperlinks to the fuller descriptions available on the UCL website. Appeals The usual reason for initiating an appeal is that the trainee believes some aspect of course procedure or regulation has not been followed appropriately, and they wish to challenge decisions made by markers, examiners or placement supervisors. The basis for appeals procedures are those set out by UCL, and are the same in relation to exams, research and case reports, but there is some variation in relation to placements (where it is usual for an ‘internal’ appeals procedure to operate prior to a UCL appeal). The relevant Sections of this handbook which focus on ‘passing and failing’ should be consulted for more detailed information. Section 30: 1 Grievances Grievance procedures are different to appeals, because the basis of the complaint is that some aspect of the Course has not been delivered appropriately. The usual areas in which grievance procedures are invoked include concern about: deficiencies in the research supervision received by a trainee unsatisfactory delivery/administration of the programme bias in the results of assessment procedure used in examinations As for appeals, the procedures are those set out by UCL - the student grievance procedure is described at: http://www.ucl.ac.uk/academic-manual/part-5/student-grievance-procedure Complaints Complaints are different from appeals or grievances because they are not based on concerns about academic procedures or course delivery, but usually focus on issues where the trainee believes that they have been subject to inappropriate behaviour, such as harassment or bullying. This includes sexual and racial harassment. As a student of UCL and as an employee of the NHS trainees should be aware of the equality and diversity policies that apply both in college and while on placement. A first – and obvious – step in making these meaningful is to ensure that trainees know that such policies exist and to whom they apply, and also know how to access them. Complaints in relation to UCL Relevant UCL policies and services UCL has a ‘suite’ of policies covering equal opportunity, disability, race, sexual orientation, and religious beliefs. Detailed information on each policy can be found at http://www.ucl.ac.uk/hr/equalities/ , which gives a detailed description of the policy and the ways in which it is implemented and monitored. Policies relevant to students are as follows: Equal Opportunity Policy UCL policy states that in the recruitment, selection, education and assessment of students the only consideration must be that the individual meets, or is likely to meet the requirements of the programme or course. The requirements being met, no student will be discriminated against on the basis of their sex, sexual orientation, race, ethnic origin, nationality, disability, marital status, caring or parental responsibilities, age, or beliefs on matters such as religion and politics. Section 30: 2 Race Equality Policy UCL aims to promote race equality in all its operations, to celebrate the diversity of its student populations and to prevent unlawful race discrimination. Religion & Belief Policy This policy outlines the ways in which UCL implements this policy in order to avoid direct or indirect discrimination on the grounds of their religion or beliefs. Disability policy Central to the Student Disability Policy is the intention to take account of individual need and to work with disabled students to find appropriate and practical solutions to problems that might arise. This policy is a separate webpage to those above www.ucl.ac.uk/disability/policies. There is a centralised complaints procedure, with a University complaints officer. Full details can be found at: http://www.ucl.ac.uk/academic-manual/part-8/ccp UCL procedures relevant to harassment and bullying can be found at: http://www.ucl.ac.uk/academic-manual/part-5/harassment-bullying. Complaints which arise in clinical settings Trainees spend a significant proportion of time in clinical settings, meaning that some complaints could arise from placement rather than college experience. Concerns about supervision Concerns about supervision or about trainee’s relationship with the supervisor would usually be discussed in the regular meetings between trainees and their Course Tutors, or at the Mid-Placement Review (MPR) meeting held on placement either by the Course Tutor or the trainee’s college visitor. One role of the MPR visitor is explicitly to ask trainees whether there are any concerns on placement, and to attempt to elicit these even when trainees might be worried about raising them spontaneously. When concerns are raised at the MPR they can often be dealt with as part of the MPR visit itself. This is explicitly structured to include feedback and, through the MPR report, to formally register concerns and identify action plans for managing these issues. Concerns which are raised with the Course outside the MPR will usually be managed through initial discussion with either the Course Tutor or college visitor and also (if appropriate) through discussion with the Course Director. The Course will then take action appropriate to the issues being raised. Where serious concerns are raised regarding markedly poor supervision, markedly poor clinical performance, unethical practice or inappropriate behaviour by a supervisor the Course has in place a procedure for raising this with relevant NHS managers, and hence Section 30: 3 invoking relevant Trust managerial procedures. It is helpful for trainees to know that when supervisors take trainees on placement the Course alerts them to the existence of this procedure. The relevant documents can be accessed at: www.ucl.ac.uk/dclinpsy/clinicalplacement/clinplacement_documents/managing_placeme nt_concerns Complaints about NHS colleagues Complaints which arise from the behaviour of NHS colleagues with whom the trainee has contact ultimately need to be addressed through the relevant Trust and its local investigatory and disciplinary procedures. Supervisors and the Course will offer support to trainees who wish to activate these procedures. The first stage would be ‘informal’ discussion with supervisors, Course Tutors or college visitors (as appropriate) in order to consider the best course of action, with formal complaint procedures being invoked if these seemed appropriate. Complaints which relate to discrimination or harassment A specific ‘class’ of complaint relates to the experience of discrimination or harassment. Whether at college or on placement trainees are entitled to be treated in a manner which does not conflict with policies developed to protect the rights of each individual, usually in line with relevant national legislation. All NHS Trusts have similar policies in relation to discrimination or harassment, and although trainees are referred to the documentation prepared by their employing Trust (Camden and Islington Foundation Trust), it is safe to assume that similar policy and procedure applies across all London Trusts. Relevant Camden and Islington Foundation Trust Policies Policy and procedure for dealing with discrimination, harassment, victimisation and bullying This is main policy document to which trainees should refer (it is included in as an appendix in the Trainee Handbook). It gives examples of discrimination, harassment, victimisation and bullying, identifies relevant legislation under which employees’ rights are protected, and carefully details the complaints procedures which need to be followed. Section 30: 4