TITLE: Undergraduate Student Complaints Procedure VERSION: 1 AUTHOR: Paul Braine, Academic Registrar CONSULTATION TAKEN PLACE WITH: Principalship Vice Principal Academic Head of School Design Head of School Visual Arts Joint Consultative Committee Student Service Manager DATE: February 2014 September 2014 APPROVED BY: Principalship DATE: June 2014 DATE TO BE REVIEWED: June 2016 EQUALITY AND DIVERSITY IMPACT ASSESSMENT SCREENING: February 2014 Page 1 of 17 CLEVELAND COLLEGE OF ART AND DESIGN June 2014 Equality and Diversity Impact Assessment Screening Who does the procedure impact on? Staff X Students X Visitors Other What data is available to Number of complaints screen the impact? Is there sufficient data to screen the procedure effectively? Yes No X What data will be needed Insufficient data to provide in depth analysis due to low volume in the future to ensure of students using this procedure more effective monitoring? Is there any existing Yes – positive impact Yes – negative evidence of the impact of impact this procedure on people Evidence of positive impact: with different protected characteristics of age, disability, gender reassignment, Evidence of negative impact: marriage and civil partnership, race, religion or belief, sex, or sexual orientation? e.g. higher or lower participation rates. Has consultation with relevant groups raised any E&D issues? Yes No evidence X No What action needs to be taken before further or full assessment can be made? Screening completed by: (screening must always be done by at least 2 people) Name Paul Braine Job Title Academic Registrar Name Jill Fernie-Clarke Job Title Vice Principal (Academic) Page 2 of 17 CLEVELAND COLLEGE OF ART AND DESIGN June 2014 X CONTENTS 1. INTRODUCTION ............................................................................................................ 4 2. PURPOSE ........................................................................................................................ 4 3. DEFINITIONS................................................................................................................. 4 4. RESPONSIBILITIES ...................................................................................................... 5 5. STAGES OF THE STUDENT COMPLAINTS PROCEDURE ........................................ 6 6. DECISION OF THE PANEL ......................................................................................... 11 7. COMPLETION OF THE CCAD COMPLAINTS PROCEDURE .................................... 11 8. VALIDATING PARTNER REVIEW .............................................................................. 11 9. EXTERNAL REVIEW .................................................................................................... 12 10. EQUALITY IMPACT STATEMENT ............................................................................... 12 11. DOCUMENT CONTROL INCLUDING ARCHIVING ARRANGEMENTS ................... 12 12. STANDARDS/KEY PERFORMANCE INDICATORS .................................................. 13 Appendix A - Stages of the HE Complaints Procedure .............................................. 14 Appendix B – Complaints Form ...................................................................................... 15 Page 3 of 17 CLEVELAND COLLEGE OF ART AND DESIGN June 2014 1. INTRODUCTION The Student Complaints Procedure is the name given to the formal process under which an individual student or, in appropriate cases, collectively a group of students, is able to make a complaint about the quality of a programme, a member of staff, or a service offered by the College. 2. PURPOSE 2.1. The purpose of this procedure is to ensure that: 2.1.1. There is a process for students to raise matters of concern without risk of disadvantage. 2.1.2. Students have a process to follow which offers an opportunity for early and/or informal resolution. 2.1.3. The complaints procedure is accessible to students. 2.1.4. There is clear and accurate advice and guidance available for students making a complaint, and for staff involved in handling or supporting complaints. 2.1.5. Complaints are conducted in a timely and fair manner. 2.1.6. The College takes appropriate action following a complaint. 2.1.7. There is a process in place to monitor and evaluate the effectiveness of the complaints procedure, and reflect on the outcomes of the procedure and make enhancement where necessary. 3. DEFINITIONS 3.1. A student(s) includes a current student(s), those on placement or engaged in work-based learning, or on an approved leave of absence, and a student(s) who has withdrawn or completed their studies within the last 3 months. 3.2. Under this procedure a complaint is defined as concern about the quality of a programme, a member of staff, or a service offered by the College. Examples of this might be where the College has not followed its own policies and procedures, or where the service outlined in one of its published documents has not been delivered. 3.3. If a concern relates to a decision made by an academic body charged with making decisions on an assessment, student progression and awards, this concern should be made through the Academic Appeals Procedure. 3.4. The College reserves the right to reject any complaint which it considers to be vexatious or frivolous. A vexatious or frivolous complaint can be characterised in a number of ways: Page 4 of 17 CLEVELAND COLLEGE OF ART AND DESIGN June 2014 3.4.1. Complaints which are obsessive, persistent, harassing, prolific, or repetitious; 3.4.2. Insistence upon pursuing a complaint that does not have merit and/or unrealistic outcomes beyond all reason; 3.4.3. Insistence upon pursuing a complaint that has merit, but in an unreasonable manner; 3.4.4. Complaints which are designed to cause disruption to classes or annoyance to staff or students; 3.4.5. Demands for redress which lack any serious purpose or value. The College will respond to instances of unreasonably persistent or harassing behaviour in accordance with the CCAD Student Disciplinary Procedure. 4. RESPONSIBILITIES 4.1. The Principal/Chief Executive is responsible for ensuring that: 4.1.1. There is a positive, open culture that takes seriously complaints from students, that there is a process in place for students to raise concerns without the risk of disadvantage. 4.2. Vice Principal (Academic) is responsible for ensuring that: 4.2.1. Student concerns are monitored on a regular basis and there is an annual review of all complaints received from students. This review should evaluate the effectiveness of the procedure, reflect on the outcomes and make enhancements where necessary. 4.2.2. The Vice Principal (Academic) ensures that the College takes appropriate action following a complaint. 4.2.3. Staff involved in handling or supporting complaints receive appropriate training to carry out this role. 4.3. The Academic Registrar is responsible for ensuring that: 4.3.1. Student concerns or complaints are handled in a timely and fair manner. 4.3.2. The complaints procedure, along with advice and guidance is accessible to students and staff on the Student VLE and staff intranet. 4.3.3. A record of student complaints are maintained, and are reviewed annually. Page 5 of 17 CLEVELAND COLLEGE OF ART AND DESIGN June 2014 4.3.4. Students are provided with a final notification that the College has completed the investigation into their complaint. 4.3.5. The Vice Principal (Academic) is informed of the outcome of the complaint to ensure that the College takes appropriate action following a complaint. 4.3.6. Provide any documentation required for external review. 4.4. The Student Services Manager is responsible for ensuring that: 4.4.1. There is a process to follow which offers an opportunity for early and/or informal resolution. 4.5. Academic and business support staff are responsible for ensuring that they: 4.5.1. Take complaints from students seriously and will aim to resolve these complaints in a fair manner without risk of disadvantage. 4.5.2. Participate in an investigation when asked by an investigating officer, where a student(s) has raised a complaint. 4.6. Students are responsible for ensuring that they: 4.6.1. Have a genuine complaint about the quality of a programme, a member of staff, or a service offered by the College. 4.6.2. Have considered what a reasonable outcome to their complaint is. 4.6.3. First seek informal resolution to their complaint through tutorials, student assemblies, programme boards, or speaking directly to their tutor, programme leader, or head of school. 5. STAGES OF THE STUDENT COMPLAINTS PROCEDURE 5.1. Early/Informal Resolution 5.1.1. Unless there are exceptional circumstances, students should seek to resolve their complaint early and informally before entering into the formal complaints procedure. 5.1.2. Students need to seek advice and guidance from Student Services about resolving their complaint informally before entering into the formal complaints procedure. 5.1.3. If a complaint relates to the Student Services Manager, students should contact their Head of School, who will provide advice and guidance. Page 6 of 17 CLEVELAND COLLEGE OF ART AND DESIGN June 2014 5.1.4. If a student has been unable to resolve their complaint informally within 10 working days, or because there are exceptional circumstances, they can submit a formal complaint as detailed in the stages below: 5.2. STAGE 1 5.2.1. Students should only submit a complaint if they have not been able to resolve their complaint informally, or if there are exceptional circumstances in which they feel that their complaint requires formal investigation. 5.2.2. Students should complete a Student Complaints Form (available from the student VLE), summarising their complaint and any resolution they are seeking. Additional details or any supporting evidence should be attached securely to the form. 5.2.3. They should take their completed complaints form to the Academic Registrar. The Academic Registrar will record that CCAD has received a formal complaint and arrange a meeting with the Student Services Manager to arrange mediation to resolve the complaint. 5.2.4. The Student Services Manager will arrange a meeting with the student and their Programme Leader or a Department Manager; the Student Services Manager will attend this meeting. Alternatively, if their complaint concerns a particular member of staff, they may be offered mediation to help resolve the issue. The meeting or mediation will usually take place within 10 working days. 5.2.5. If a student’s complaint relates to their Programme Leader or a Department Manager and they do not feel able to attend mediation, their complaint will go straight to Stage 2 of the procedure. 5.2.6. If at the end of the meeting or mediation their complaint is resolved, the student and the member of staff will sign off the Student Complaints Form. The Student Services Manager will send a copy of the signed form, together with a letter confirming that the complaint has been resolved, to the student and the Academic Registrar. 5.2.7. If at the end of the meeting or mediation the student wishes to reflect on the outcome, or if they believe that the matter remains unresolved, they should confirm this to the Academic Registrar. The student has up to 10 working days after the meeting or mediation to let the Academic Registrar know that they wish the matter to progress to Stage 2 of the Student Complaints Procedure. They must do this in person, or by email, or in writing. If they do not notify the Academic Registrar of their wish to progress to Stage 2 within 10 working days of the meeting or mediation, the Academic Registrar will assume that they do not wish to pursue this complaint Page 7 of 17 CLEVELAND COLLEGE OF ART AND DESIGN June 2014 and will issue a letter confirming that their complaint has been concluded. 5.3. STAGE 2 5.3.1. The Academic Registrar will appoint a member of College staff to investigate the student’s complaint within 5 days, in consultation with the Vice Principal (Academic). This may be a senior lecturer (not from a programme within the student’s own School), a Head of School (not the Head of the student’s own School), or a Department Manager. On occasions, the Vice Principal (Academic) or the Vice Principal (Resources) may be asked to investigate the complaint. 5.3.2. The staff member invited to investigate the complaint will under no circumstances be junior to any staff they are required to investigate. The Student Services Manager will provide him/her with copies of the Student Complaints Form and any supporting documentation, including notes of the Stage 1 meeting (but not notes of mediation, which remain confidential). 5.3.3. The investigator will contact the student within 5 working days to acknowledge receipt of the complaint. The investigator will conduct an investigation into the complaint and will prepare a report outlining their findings. He/she will let the student know how long the investigation is likely to take and will set a date by which they can expect to receive their report. This will usually be within 1 calendar month of receiving the details of the complaint. The investigator may request a meeting with the student at the start of their investigation to clarify and agree the issues to be investigated. 5.3.4. The investigator will provide the student with a report detailing the outcome of their investigation (note that sections relating to other staff or students may be masked for reasons of confidentiality). A copy will also be sent to the Academic Registrar. 5.3.5. The investigator will invite the student to attend a meeting to discuss the findings. If at the end of the meeting their complaint is resolved, the Student Complaint Form will be signed off by the student and the investigator and will be returned to the Academic Registrar. The Academic Registrar will send a copy of the signed form, together with a letter confirming that the complaint has been resolved, to the student. 5.3.6. If at the end of the meeting the student wishes to reflect on the outcome of the meeting, or if the matter remains unresolved, they should inform the Academic Registrar. The student has up to 10 working days after the meeting to let the Academic Registrar know if they wish the matter to progress to Stage 3 of the Student Complaints Procedure. They may do this in person, by email or in writing, the Academic Registrar will then refer the matter to the Vice Page 8 of 17 CLEVELAND COLLEGE OF ART AND DESIGN June 2014 Principal (Academic). If they do not notify the Academic Registrar of their wish to progress to Stage 3 within 10 working days of the meeting with the investigator, the Academic Registrar will assume that they do not wish to pursue the complaint and will issue a letter to the student confirming that the complaint has been concluded. 5.4. STAGE 3 5.4.1. The Vice Principal (Academic) will: 5.4.1.1. Appoint a College Officer if he/she considers that any part of the complaint has not been sufficiently investigated. The Officer’s role is to conduct an independent investigation into those aspects of the complaint that have not already been investigated; the Vice Principal (Academic) will make clear those areas on which further advice or evidence is required. The Officer will not normally have been previously involved with the complaint, although on occasion this may be unavoidable. 5.4.1.2. Invite the Academic Registrar (or nominee) to arrange a Complaints Panel meeting. This meeting will normally take place within 20 working days of the complaint moving to Stage 3 of the procedure, but this time period may be extended if a College Officer is appointed and if the Officer requests additional time to conduct further investigation. If the hearing is not to be held within 20 working days, the Academic Registrar (or nominee) will inform the student of the extension. 5.4.2. The Complaints Panel will consist of: The Vice Principal (Academic) or his/her nominee (Chair); A Head of School/Department Manager not previously involved in the complaint; An independent person (which may include a Governor); A representative of the Students’ Union. The Academic Registrar (or nominee) will act as Secretary to the panel. The quorum for the panel is three members. 5.4.3. The student will be entitled to attend the meeting of the Complaints Panel in order to: present their case (this may include calling witnesses) be questioned by Panel members Page 9 of 17 CLEVELAND COLLEGE OF ART AND DESIGN June 2014 question their Programme Leader or the Department Manager or any witnesses presented make a concluding statement. The student will be entitled to bring a friend or representative to the Panel meeting if they wish to do so. If they are being accompanied, the nature of the role of the friend/representative should be clarified to the Academic Registrar prior to the meeting, including whether this person will be speaking on their behalf. The person accompanying the student cannot be a legal representative. 5.4.4. The defence of the case will be made either by the student’s Programme Leader or the relevant investigator, as appropriate. He/she will attend the meeting in order to: present the response (this may include calling witnesses) be questioned by panel members question the student or any witnesses presented by the student make a concluding statement. 5.4.5. The Academic Registrar will arrange the Panel meeting and will ensure that all parties are notified of the date and time of the Panel meeting, and provided with supporting paperwork, at least 15 working days in advance of the meeting. Due notice of the Complaints Panel meeting will be considered to have been given on sending the notice and supporting information, if appropriate by recorded delivery, to the most recent recorded address. The case may then be heard whether or not the student decides to attend the meeting. In exceptional cases, which will be determined by the College, the date may be postponed or rescheduled to enable the student to attend. 5.4.6. Students must ensure that they send the Academic Registrar copies of documents and names of witnesses upon which they will rely on at the meeting, at least 5 working days in advance of the meeting. The Academic Registrar will liaise with the student regarding the times at which the witnesses should attend. It is the student’s responsibility to ensure that witnesses are available to attend the Panel meeting. Please note that if the student fails to give due notice of a witness, the Panel may refuse to hear them. 5.4.7. The Panel will consider its decision in private after the evidence has been heard and, in light of the evidence presented, determine the validity of the case. The Panel will reach its decision by a simple Page 10 of 17 CLEVELAND COLLEGE OF ART AND DESIGN June 2014 majority vote. In cases where no overall majority arises, the Chair shall have a second or casting vote. 6. DECISION OF THE PANEL 6.1. The panel will make one of the following decisions following consideration of the complaint: 6.1.1. That the complaint is not upheld. This decision will be made where the Panel finds that the student has not established sufficient grounds to substantiate the complaint or complaints alleged. 6.1.2. That the complaint is upheld. In this instance, the Panel will recommend the action that should now be taken by the College, or its representatives, to redress the complaint. In making this judgement, the Panel will have due consideration for the student’s own preferred resolution. 6.2. Students will not normally be told the outcome of the Panel’s deliberations immediately, but the Panel will write to the student within 5 working days of the meeting to confirm the outcome. 6.3. In all cases, the decision of the Panel is the final stage of CCAD’s Students Complaints Procedure. 7. COMPLETION OF THE CCAD COMPLAINTS PROCEDURE 7.1. The Academic Registrar will send a Completion of Procedures letter to the student within 10 working days of the Panel meeting. This letter is the formal notification that all CCAD procedures have been completed. 8. VALIDATING PARTNER REVIEW 8.1. If a student is not satisfied with the outcome and wishes to pursue the matter further, they have the right to refer their complaint for review to the Arts University Bournemouth. They have up to 10 working days after they have received the formal notification letter to let the Academic Registrar know if you wish to refer the matter to the Arts University Bournemouth. They may do this in person, by email or in writing. If they do not notify the Academic Registrar of their wish to refer the matter to the Arts University Bournemouth within 10 working days of the formal notification, the Academic Registrar will assume that they do not wish to pursue their complaint and will issue a letter confirming that the complaint has been concluded. 8.1.1. The Academic Registrar will provide all documents relating to the complaint to the University Secretary at the Arts University Bournemouth (AUB) for review. AUB will review the decision of the Page 11 of 17 CLEVELAND COLLEGE OF ART AND DESIGN June 2014 panel and contact the student directly within 20 working days, and will make one of the following decisions: 8.1.2. That the complaint is not upheld. The decision made by the CCAD Panel that the student has not established sufficient grounds to substantiate the complaint or complaints alleged is correct. 8.1.3. That the complaint is upheld. In this instance, AUB will recommend the action that should now be taken by CCAD to redress the complaint. In making this judgement, AUB will have due consideration for the student’s own preferred resolution. 8.2. The University Secretary at the AUB will send a Completion of Procedures letter to the student within 10 working days of their review. This letter is the formal notification that all AUB procedures have been completed. 9. EXTERNAL REVIEW 9.1. If the student is not satisfied with the outcome of their complaint from the Arts University Bournemouth and wish to pursue the matter further, they have the right to refer their complaint to the Office of the Independent Adjudicator for Higher Education (OIA). They must do this within 3 calendar months of the date of the Completion of Procedures letter from the Arts University Bournemouth. Details of the OIA will be enclosed with the Completion of Procedures letter, or this may be obtained from Arts University Bournemouth’s Student Services. Information is also available from the OIA’s website: www.oiahe.org.uk 10. EQUALITY IMPACT STATEMENT 10.1. This policy will be implemented in line with the principles of the College’s commitment to equality and diversity which is: Cleveland College of Art and Design is committed to the principles of equality and diversity and aims to ensure that all employees and college users are treated fairly and equally regardless of age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, or sexual orientation. 11. DOCUMENT CONTROL INCLUDING ARCHIVING ARRANGEMENTS 11.1. Copies of all documents will be held confidentially by Academic Registry. Information regarding complaints will be used for statistical monitoring purposes. A summary of all formal complaints is reported within CCAD’s Annual Review. It is also reported within the Overview Report on annual monitoring, presented to Academic Board, and to the Arts University Bournemouth. Page 12 of 17 CLEVELAND COLLEGE OF ART AND DESIGN June 2014 12. STANDARDS/KEY PERFORMANCE INDICATORS 12.1. The Complaints Procedure will be monitored by the Vice Principal (Academic). 12.2. The Annual Review will contain a summary of complaints and action taken, statistical comparisons from previous years and, where necessary, recommendations for enhancement of the procedure. Page 13 of 17 CLEVELAND COLLEGE OF ART AND DESIGN June 2014 Appendix A - Stages of the HE Complaints Procedure • Student contacts Student Services • Informal advice and guidance, and mediation to resolve the issues Informal Stage Stage 1 • Formal complaint submitted to the Academic Registrar. • Formal advice and gudiance, mediation to resolve complaint. Stage 2 • Complaint unresolved, formal investigation arranged by the Academic Registrar. • Formal investigation by a senior member of staff. Stage 3 • Complaints Panel Hearing, arranged by the Academic Registrar. • Panel hearing by senior members of the College to hear all aspects of the complaint. Validation Partner Review External Review • Review of the procedure by the Validating Partner. • External Review by the Office of the Independent Adjudicator for Higher Education (OIA) Page 14 of 17 CLEVELAND COLLEGE OF ART AND DESIGN June 2014 Appendix B Complaints Form Cleveland College of Art and Design Student Complaints Form Students wishing to lodge a formal complaint against the College should use this form to summarise their complaint and submit this form to the Academic Registrar. The College will respond to a complaint upon receipt of the completed form. Your name Your full correspondence address Postcode Your telephone number Mobile Your course Year Please summarise your complaint below. Your complaint must be specific and, where possible, supported by documentary evidence. Please also detail any informal attempts to resolve the complaint and the outcome: Page 15 of 17 CLEVELAND COLLEGE OF ART AND DESIGN June 2014 Please outline the resolution you are seeking: Student’s signature Date For complaints resolved at stage 1 or 2 of the Student Complaints Procedure: Student and member of College staff to sign below: Student signature Date Staff signature Date Staff Position Complaints stage: For complaints that progress to stage 3 of the Student Complaints Procedure: Vice Principal (Academic) (or nominee) to tick one box : Referral to Complaints Panel Date Issue Completion of Procedures letter Date Vice Principal’s signature Date Page 16 of 17 CLEVELAND COLLEGE OF ART AND DESIGN June 2014 This policy will be implemented in line with the principles of the college’s commitment to equality and diversity which is: Cleveland College of Art and Design is committed to the principles of equality and diversity and aims to ensure that all employees and college users are treated fairly and equally regardless of age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, or sexual orientation. Date of last Policy Review: September 2014 Page 17 of 17 CLEVELAND COLLEGE OF ART AND DESIGN June 2014