APPENDIX L: APPEALS, COMPLAINTS & GRIEVANCE PROCEDURES
This appendix covers the following subjects:




Appeals – both academic and non-academic
Student Complaints – both academic and non-academic
Grievance Procedures
The Office of the Independent Adjudicator for Higher Education (OIA)
Students registered on at the National Centre for Circus Arts (referred to here as the School) Higher
Education Programme are able to lodge an academic complaint or an academic appeal via the
University of Kent. Details of these procedures are outlined below, and can also be found on the
University of Kent’s website: http://www.kent.ac.uk/teaching/qa/guidance/appeals.html.
STUDENT APPEALS
INTRODUCTION
These procedures relate to the two types of appeals that can be made by students:

An Academic Appeal is defined as a request for a review of an academic decision made by
a Board of Examiners in relation to matters of progression to the next stage, assessment
results or academic awards.

A Non Academic Appeal arises from other matters (for example – a decision taken by the
National Centre – referred to in this document as the School – on disciplinary grounds).
The academic appeal procedures apply to students registered on taught programmes of study leading
to an award of the University of Kent who request a review of a decision of an academic body
charged with making a decision on student progression, assessment and awards.
The non-academic appeals procedures apply to any student of the School who requests a review of a
decision taken by the school regarding a non-academic matter.
Students making an appeal in good faith will not be disadvantaged; appeals deemed to be vexatious
or frivolous will be rejected at the earliest possible time, with the reasons for the rejection given in
writing as to why the application is an abuse of process.
An appeal will not be considered unless it is initiated and progressed by the student personally. This
does not affect his/her right to a supporter. Students can be accompanied by a supporter (e.g. parent,
friend or student representative) at any stage but must lodge and progress the appeal themselves.
Students have the right to withdraw the appeal at any time but once withdrawn, the appeal cannot be
re-instated.
If, at any stage, in the case of either academic appeals or non-academic appeals, it is established that
a student has grounds for an appeal then the School will ensure that the appropriate remedial action
is implemented as soon as it is possible to do so.
The School will meet any reasonable and proportionate incidental expenses necessarily incurred by a
student making a successful appeal.
OFFICE OF THE INDEPENDENT ADJUDICATOR FOR HIGHER EDUCATION
If a student is not satisfied once the internal procedures for either academic or non-academic appeals
have been exhausted, then s/he can make a complaint to the Office of the Independent Adjudicator
1
for Higher Education (OIA). This is an independent body that will undertake an independent review if
they think there is a case. For further information about the OIA, please refer to information on pages
10-12 of this appendix.
ACADEMIC APPEALS
GROUNDS FOR AN APPEAL
Appeals from students against recommendations of The Board of Examiners are eligible for
consideration under specific circumstances. These are outlined by the University of Kent as:
 If there is reasonable ground (supported by evidence) to suggest that there has been an
administrative, procedural or clerical error which has affected the decision of the Board of
Examiners; or
 Where there is evidence of illness or other misfortune which has caused exceptional interference
to your academic performance and for good reason meant that you were unable to submit work by
the published deadline; or
 If evidence relating to illness or other misfortune was submitted under your institution’s
concessions procedures within the prescribed time limit and was not properly considered by the
Board of Examiners. However, appeals that are based on concessionary circumstances which,
without good reason, were not brought to the attention of the Board of Examiners through
concessions procedures at the appropriate time, may not be considered.
Academic Appeals cannot be made on the following grounds:

Challenges to the academic judgement of examiners on an assessment outcome or the level of
the award recommended or granted.

Claims that academic performance was adversely affected by factors such as ill health, where
there is no contemporaneous, independent, medical or other evidence to support the
application.
HOW TO MAKE AN ACADEMIC APPEAL
As the awarding body of your study the University of Kent will consider all student appeals. Appeals
against the recommendations of Boards of Examiners will not be considered if they are received more
than 21 days from the date of publication of assessment results.
You can pick up copy of the appeals form from your institution (ask at the administration office) or
online at http://www.kent.ac.uk/fso/documents/procedures/appeals/appeal-form-boe.pdf It should be
accompanied by a letter explaining in full the grounds for the appeal and include all related
documentary evidence. Your appeal form should indicate the remedial action that you are seeking.
Once completed, you should send it to the Administrative Assistant (Collaborative Provision) at the
Office for Quality Assurance and Validation at the University of Kent.
WHAT HAPPENS ONCE I HAVE SUBMITTED AN APPEAL?
The University of Kent will contact you if the appeal does not meet the requirements of the appeals
process. If it does meet the requirements, your case will be considered by the appropriate Dean of
Faculty at Kent and there are various possible outcomes including:




Administrative errors being immediately rectified
Board of Examiners being asked to reconsider their decision
Review Panels being established to consider your case; or
The Dean rejecting your appeal
2
Staff at the University of Kent will inform you of the action taken and if you need to attend a review
panel meeting.
AND IF I AM STILL NOT HAPPY THAT THE CORRECT PROCEDURES HAVE BEEN ADHERED TO?
Where an appeal against a recommendation of a Board of Examiners is considered not to meet the
technical conditions outlined, or where it is rejected by a Dean, or a Chair of a Board of Examiners or
a Faculty Review Panel, you have a further right of appeal to the Senate Academic Review
Committee (SARC), which will consider only whether the original appeal was considered properly and
fairly by the Faculty.
HOW DO I APPEAL TO THE SENATE ACADEMIC REVIEW COMMITTEE (SARC)?
You must complete the SARC Appeal Form as available at
http://www.kent.ac.uk/teaching/qa/regulations/index.html, along with further guidance on SARC
SARC appeals need to be sent to:
Karen Browne, Quality Assurance Office, The Registry, University of Kent, Canterbury, CT2 7NZ
Phone: (01227) 824183
Email: sarc@kent.ac.uk
The form and supporting evidence should be received no later than 21 days after the notification of
the decision prompting the appeal. You must include a written explanation as to why you believe your
original appeal was conducted improperly or unfairly, and be sure to include all relevant evidence and
supporting documentation. The Secretary shall determine, on the basis of your representation,
whether the appeal is appropriate to the remit of the Committee and will inform you if there is no basis
to proceed with the appeal.
Where the appeal is judged as submitted on grounds appropriate to the remit of the Committee, the
Secretary shall request an account of the conduct of the appeal from the Faculty. If you present new
evidence the Secretary shall determine if there is good reason why this evidence was not made
available at the time of the consideration of the original appeal, and shall proceed as follows:
 if good reason for the late submission of new evidence is found, the case will be remitted for
reconsideration;
 if good reason is not found for the late submission of new evidence, the Secretary shall
recommend to the Chair that it be discounted when undertaking a PRIMA FACIE assessment of
the case;
WHAT CAN THE SENATE ACADEMIC REVIEW COMMITTEE DO?
The Committee has the power to remit the case for re-consideration to the appropriate Board of
Examiners or the Faculty, or to confirm, vary or reverse the original appeal decision. The Committee
shall only do so in cases where the University’s procedures followed have been irregular or unfairly
operated, or where it is satisfied that in the light of the evidence (whether originally available or newly
tendered) the decision is in the view of the Committee unreasonable or unduly harsh and therefore
unfair.
IS SARC THE FINAL ADJUDICATOR OF APPEALS AT THE UNIVERSITY?
No. If you are unhappy with the outcome of your appeal to SARC you may submit a grievance to the
University’s Council by writing to Dr Keith Lampard, Secretary of the University’s Council, to request a
review by the Council not later than three months after the date of the letter informing you of the
outcome of your appeal to SARC. You should note that the Council would not normally intervene to
change decisions by University Officers or formal bodies which has been properly exercised or
determined unless procedural fault, bias, irregularity or other inadequacy was found.
3
CAN I APPEAL AGAINST DISCIPLINARY ACTION TAKEN AGAINST ME FOR ACADEMIC
OFFENCES?
Yes, your institution will have policies and procedures in place for dealing with academic offences,
details of which may be found in the materials your institution produces for its students. The University
of Kent requires all its validated and franchised institutions to establish a Disciplinary Committee to
deal with such academic offences and process any such cases arising (see Annex 10 of the
University’s Credit Framework http://www.kent.ac.uk/teaching/qa/creditframework/creditinfoannex10.html).
However, if you wish to appeal to the University against the outcome of such a case, you may only do
so where:
 that there is evidence of a failure to follow the procedures set out in these regulations, which casts
reasonable doubt on the reliability of the decision; and/or
 that fresh evidence can be presented, which could not reasonably have been made available
before the decision was made, and which casts reasonable doubt on the reliability of the decision;
and/or
 that the decision was unreasonable or not justified given the evidence which was available at the
time.
For further enquiries regarding the Appeals Procedures:
Visit http://www.kent.ac.uk/teaching/qa/credit-framework/creditinfoannex9.html. If you have any
questions, please contact qa@kent.ac.uk
Contact Address
The University of Kent, Canterbury, Kent, CT2 7NZ
NON-ACADEMIC APPEALS
GROUNDS FOR AN APPEAL
Appeals can be made against a decision taken against a student that results in a penalty imposed for
a breach of such things as the School’s Code of Conduct, health and safety regulations, policies or
procedures. Such penalties range from the withdrawal of privileges, or in severe cases, to permanent
exclusion
PROCEDURES FOR AN APPEAL AGAINST A DISCIPLINARY ACTION
The student must write to the Head of Academic Administration within seven working days of the
formal notification of any action to be taken against them. The letter must include:
 The student’s full name, course title and year of study
 A clear statement about the perceived injustice and the grounds for the appeal
 A statement that explains the redress being sought.
 Any relevant supporting evidence
On receipt of the letter, the Head of Academic Administration will:
 Acknowledge its receipt
 Investigate the grounds for the appeal consulting with the appropriate staff who will provide
a written response in connection with the issues raised
 Determine whether there is a case to be made
 Inform the student concerned in writing of the outcome within fourteen days of the appeal
being lodged.
4
If dissatisfied with the outcome, a student can request that the decision is reviewed by an Appeals
Panel by writing to the Head of Academic Administration within seven days of being informed of the
decision.
The Head of Academic Administration will request that the Chief Executive convene an Appeals Panel
within 21 days of receiving the request for the decision to be reviewed. The Panel will include a
member of the senior management team, a full-time teacher, a student representative, and either a
senior member of staff or a Governor from the Conservatoire of Dance and Drama. The student will
be given fourteen days’ notice of the date of the meeting.
The Panel will receive and consider all previous written evidence and correspondence. The student
may be called to speak or answer questions in which case they can bring a supporter with them.
Other people called to appear before the Panel will do so separately. The Head of Academic
Administration will inform the student in writing of the Panel’s decision within two working days.
If the student remains dissatisfied following this final stage, s/he has the right to make a complaint to
the Office of the Independent Adjudicator for Higher Education. For further information, see the
section Office of the Independent Adjudicator in this handbook.
STUDENT COMPLAINTS
INTRODUCTION
1
The School is committed to being responsive to the views of its students and to managing
complaints in a way that is sensitive to the needs of each specific case. The School will
respond quickly to expressions of dissatisfaction, concerns or apparent problems and will
attempt to resolve them effectively. If you need to pursue a complaint formally, you can be sure
that the School will treat it seriously and impartially, on the basis explained in the full procedure;
the School will in any case systematically monitor all such complaints. You will not be
disadvantaged if you make a complaint or lodge an appeal in good faith. Through the
procedures, the School aims to handle complaints within an established period and to ensure a
full and fair investigation that respects the confidentiality of the parties involved. Students may
not invoke the Complaints Procedure over cases that are being investigated by the police or
which are subject to judicial proceedings.
2
The procedure will apply only to complaints initiated and conducted by one or more individual
students in person. Throughout the procedure, students are entitled to bring someone with
them to any meetings held to discuss the complaint. This person could be a parent, student
representative or a friend.
3
The following procedures relate to two types of complaints that might be made by students:
 complaints related to academic matters
 complaints related to a service provided by the School
GROUNDS FOR COMPLAINT
4
Grounds for complaint related to academic matters include, for example, dissatisfaction with:
 delivery of teaching
 availability of learning resources
5
Grounds for complaint related to non-academic matters are anything which is not directly
related to your learning.
5
OTHER PROCEDURES
6
Students may have cause for complaint on matters affecting the personal dealings or
relationships with other students or a member of staff. Such issues can be addressed through
the School’s Grievance Procedures and include:




professional misconduct by members of staff or students
sexual, racial or religious harassment
violation of the School’s Equal Opportunities Policy
intimidating, bullying, anti-social or hostile behaviour
For further information, please refer to the following sections in this Handbook:
 Grievance procedures
 Anti-Harassment Statement
 Equal Opportunities Statement
7
There are separate procedures for academic and non-academic appeals. For further
information, see the section on Student Appeals in this Handbook.
PROCEDURES FOR MAKING A COMPLAINT
INFORMAL MECHANISMS FOR MAKING A COMPLAINT
8
Complaints are usually best resolved directly and should initially be raised as near as possible
to the point in time at which the problem occurred. There are a number of informal channels by
which it is hoped that most problems can be resolved and if you have grounds for a complaint
you are advised to explore these options in the first instance.
9
In some instances, you might consider beginning with the student feedback mechanisms
detailed in Appendix G. You might try to resolve the issue informally before taking it further by
speaking to:




your student year representative
your Discipline Tutor
the Head of Academic Administration
an appropriate staff member.
FORMAL PROCEDURES FOR MAKING A COMPLAINT
10
If you do not receive a satisfactory response to a complaint made through informal channels, or
if your complaint is of a kind that makes informal resolution inappropriate, you are entitled to
lodge a formal complaint (in writing) to the Head of Academic Administration
11
He or she will meet with you to discuss your concerns within 10 days of receiving your written
complaint and should seek to resolve the problem and to make a response to you within a
further 5 days. However, if the Director of Higher Education or the Head of Academic
Administration consider the complaint to be of a vexatious or frivolous nature s/he will strike it
out and give you the reasons in writing within 5 days of receiving your written complaint.
6
FURTHER ACTION IF THE PROBLEM REMAINS UNRESOLVED
12 If the problem remains unresolved or if you are unsatisfied with the way in which the complaint
has been handled, you can pursue the complaint further by writing to the Chief Executive. The
Chief Executive will invite a response from the department, service or individual against whom the
complaint is made and will conduct any other enquiries, which seem appropriate.
13
On the basis of the information gathered, the Chief Executive will either attempt to reach a
decision on the complaint (either dismissing it or upholding it, in whole or in part) or referring
the case to the School Complaints Panel (see below for details). A decision will normally be
reached within 20 working days of the Chief Executive receiving the written complaint.
THE SCHOOL COMPLAINTS PANEL
14
If you are dissatisfied with the outcome of the procedure outlined above, and if the School
Complaints Panel has not already considered the matter, you may appeal in writing to the
Chief Executive, who will refer the matter to the School Complaints Panel. The letter, supported
by any relevant evidence should include:
 Your full name, course title and year of study
 An explanation of the complaint
 A clear statement of the reasons for the dissatisfaction with the outcomes of previous
consideration of the complaint
 A statement which explains the redress being sought.
15
Arrangements to convene the School Complaints Panel will be put in place within 5 working
days of referral of the complaint by the Chief Executive and all parties should have at least 14
days’ notice of the date of the meeting of the Panel. The Panel is convened by the Finance
Director and will include a member of the Governing Body, a senior member of staff and a
representative from the Conservatoire for Dance and Drama.
16
The Panel will decide how it will proceed according to the exact circumstances of the complaint,
but you may expect to be allowed to speak to the Panel and you can be accompanied and
assisted by an advisor or friend. The department, service or individual against which the
complaint is made will have the right to address the Panel.
17
The Panel will reach a decision and communicate it to all parties within 20 working days of its
hearing.
DISSATISFACTION WITH THE OUTCOME OF THE SCHOOL’S COMPLAINT PROCEDURE
18
If you remain dissatisfied having exhausted the complaints procedure for an academic
complaint at your institution, you may further your complaint by submitting a grievance to the
University of Kent’s Council provided that this is within 3 months of notification of the outcome
of the complaint made at your institution. To do this, you must write to Dr Keith Lampard,
Secretary of the University’s Council, at the following address: The University of Kent,
Canterbury, Kent, CT2 7NZ.
19
For non-academic complaints: If you are dissatisfied with the outcome of the Complaints
Panel, or if you are unhappy with any other aspects of the handling of a serious complaint, and
you may wish to pursue the complaint further through the Office of the Independent
Adjudicator(OIA). For further information about the OIAHE, please refer to information on pages
12 - 14 of this appendix.
7
MONITORING, EVALUATION AND REVIEW
20
A record will be kept by the Head of Academic Administration of all formal complaints to include
details of the following:
 The nature of the complaint
 How the matter was dealt with, the time taken for each stage and the outcome
 The ethnic origin and gender of the person making the appeal and any other data required
by the School’s equal opportunities policy that applicants have disclosed for this purpose.
21
As part of the process of monitoring, evaluation and review, the School will:
 Seek the participation of students and staff in the review processes through, for example,
representation in the Staff/ Student Liaison meetings and Academic Board meetings, and
through Student Surveys.
 Address common causes of complaints and keep the pattern of complaints under review.
 Keep under review the implications of any changes in legislation for complaints procedures.
 Report regularly to the Academic Board on the outcomes of the monitoring and evaluation
process
22
Monitoring and evaluation of the student complaints procedure is the responsibility of Senior
Management and will be annually reviewed by the School’s Academic Board.
COMPLAINS REGARDING THE UNIVERSITY OF KENT
Where a non-academic complaint relates to services provided by our validating University, the
University of Kent, students should make a complaint directly to Kent using their complaints
procedure - details of how to do this can be found here:
http://www.kent.ac.uk/regulations/Regulations%20Booklet/complaints_procedure_students_august20
13v5.pdf.
THE OFFICE FOR THE INDEPENDENT ADJUDICATOR FOR HIGHER EDUCATION
The Office for the Independent Adjudicator (OIA) operates an independent student complaints
scheme. Should the University’s Council reject your academic appeal or complaint and so conclude
the process as far as Kent is concerned, you will be issued with a ‘Completion of Procedures’ letter
explaining that you can take the matter to the OIA if you wish to do so (see pages 12 - 14 of this
document). Full details are available at www.oiahe.org.uk
8
Year Manager
Student Year Rep
Initial
Complaint
Lodge Formal
Complaint in
writing to Head
of Academic
Administration
Problem
remains
unresolved
Discipline Tutor
Head of Academic
Administration
Other appropriate
member of staff
e.g. Student Support
Manager, Director of
HE etc.
Within 10 days of
Formal
Complaint
Meeting Director
of HE/ Head of
Academic
Administration
Within 5 days of
Meeting
Response/
Resolution to
Complaint
Problem
remains
unresolved
Complaint deemed
vexatious/ frivolous in
nature – reasons given
in writing for strike out.
Problem
resolved
informally
INFORMAL PROCEDURES: PLEASE SEE FURTHER INFO
Resolution to
Complaint
Further complaint to the Office of
the Independent Adjudicator (OIA), if
unsatisfied with outcome or handling
of serious non-academic complaint,
see pages 12 – 14 for details. Submit
grievance to the University of Kent’s
Council within 3 months of outcome
notification for academic complaints.
Further written complaint
to Chief Executive,
explaining dissatisfaction
with the outcome of the
previous consideration
of the complaint.
Complaint upheld &
resolution sought
Complaint dismissed
Decision
reached and
communicated
to all parties
within 20 days
of the Panel
hearing.
School
Complaints
Panel
Arrangements made by
Office Manager to
convene School
Complaints Panel within
5 days of referral from
Chief Executive
Complaint referred to
School Complaints
Panel
9
Within 20 working days of
complaint to Chief Executive
National Centre for Circus Arts Degree Complaints Procedure
Chief Executive to
obtain responses
from parties in
question and
conduct relevant
enquiries
Complaint
made in
writing to
Chief
Executive
GRIEVANCE PROCEDURES
INTRODUCTION
1
The School is committed to creating an atmosphere of mutual understanding and respect in an
environment in which all individuals can operate effectively and confidently without fear of
harassment, victimisation or discrimination.
2
The aim of the following procedures is to settle or address grievances promptly and fairly by
methods acceptable to the parties concerned. If a problem does occur, you are encouraged to
use informal measures in the first instance but if apparent that the grievance cannot be resolved
by informal means then you should pursue the matter through the formal procedures. At all stages
of the procedure, the need to maintain confidentiality will be paramount.
3
The procedures apply in respect of grievances a student may have against another student, a
member of staff or visiting tutors.
SCOPE OF THE PROCEDURES
4
The procedures relate to matters affecting your personal dealings or relationships with other
students or members of staff that cause you to feel upset, threatened, humiliated or vulnerable,
which undermine your self-confidence and which may cause you to suffer stress. Such behaviour
may relate to:


sexual, racial or religious harassment
any form of bullying - offensive, abusive, intimidating, threatening or insulting behaviour, abuse
of power or unfair sanctions
creating or maintaining a hostile studying, working or social environment
professional misconduct


And may be:



Physical - for example, unwelcome contact, assault or gestures, intimidation, aggressive
behaviour
Verbal - for example, unwelcome remarks, suggestions and propositions, malicious gossip,
jokes and banter
Non-verbal - for example, offensive literature or pictures, graffiti and computer imagery,
isolation or non co-operation and exclusion from social activities
RESPONSIBILITIES
5
It is the duty of every member of the School and those visiting the premises, to take
responsibility for their behaviour and modify it if necessary, as such behaviour is not acceptable
under any circumstances. In the event of failure to do so, disciplinary action in accordance with
the School’s disciplinary procedures may be a consequence and anyone found responsible
may be held personally liable should the person who has been harassed undertake legal
proceedings.
10
OTHER PROCEDURES
6
These procedures relate to the following policies and procedures:





Student Complaints Procedures (this document)
Student Appeals Procedures (this document)
Appendix N: Disciplinary Procedures
Appendix O: Equality and Diversity Statement
Appendix P: Anti- Harassment Statement
PROCEDURES FOR DEALING WITH GRIEVANCES
7
If you feel you have been subjected to unacceptable behaviour of the nature outlined above,
you should make a written note of any incident of such behaviour including dates, time and
place; the name of the person harassing you; what actually happened, the name of any
witnesses and a note of how you felt at the time. Make a note also of any action taken, whether
you reported the incident(s) and to whom. Keep a copy of any correspondence relating to the
incidents and subsequent complaints.
INFORMAL APPROACH
8
Every effort will be made to resolve the issue informally in the first instance, if this is
appropriate. As soon as possible after the incident, you should make it clear to the offender that
the behaviour is unwelcome, unacceptable and should stop. If the circumstances are such that
it is not possible for you to speak directly to the person concerned, it could be done in writing,
or by asking another person to do it for you. A note should be made of the action taken.
9
If the action continues, or if you feel unable to take personal action, you can seek advice from
your student year representative, the Head of Academic Administration or Student Support
Manager. This person may be able to help you to resolve the issue informally.
10
You may wish, or be advised, to make a formal complaint.
MAKING A FORMAL COMPLAINT
11
If you are unable to resolve a grievance directly with the harasser, or when an informal
approach has been unsuccessful, the matter should be reported in writing, to the Head of
Academic Administration. The letter should specify that you are making a formal complaint and
give details of the incident(s) as outlined above.
12
The Head of Academic Administration may take steps, if it is believed to be appropriate to do
so, to resolve the matter informally. However, if this is felt to be inappropriate then the matter
will be pursued through the School’s Disciplinary Procedures.
13
If it appears that the grievance is trivial, vexatious or invalid it may be dismissed and no action
taken.
14
If you are not satisfied with the outcome then you can appeal through the School’s Complaints
procedures (refer to details earlier in this section of the Handbook).
11
OFFICE OF THE INDEPENDENT ADJUDICATOR
15
If you are not satisfied with the way in which you think your grievance has been has been
handled, once the internal procedures have been exhausted, you can make a complaint to the
Office of the Independent Adjudicator for Higher Education (OIA). This is an independent body
that will, if they think there is a case, undertake an independent review (see below).
THE OFFICE OF THE INDEPENDENT ADJUDICATOR (OIA)
The Office of the Independent Adjudicator (OIA) provides an independent scheme for the review of
student complaints. If you think you have grounds for a complaint, you must use the School’s internal
Complaints Procedures first and may be entitled to make a complaint through the Office of the
Independent Adjudicator if you are not satisfied with the outcome. Further information about this
process is given below, and can be found at http://www.oiahe.org.uk/.
INTERNAL PROCEDURES
Under the rules of OIA, internal complaints procedures include:

academic and disciplinary procedures, as well as

general complaints procedures
Please refer to section 5 of the Student Handbook for further information:

Student Appeals

Student Complaints

Grievance Procedures

Disciplinary Procedures
Because you are registered as a student of the Conservatoire for Dance and Drama (CDD) once the
School’s internal complaints procedures have been investigated, you will be issued with a
Completion of Procedures Letter by CDD. However, because you are registered for an award of the
University of Kent, in the case of an academic appeal, the Completion of Procedures Letter will be
sent by the University. Issue of a Completion of Procedures Letter does not give you an automatic
right to complain to the OIA – you must have grounds for taking the complaint further.
COMPLAINTS COVERED BY THE OIA
Complaints to the OIA can be made by anyone who was or is registered as a student of the
Conservatoire for Dance and Drama regarding:

a programme of study or research for which you are or were registered

a service provided to you by CDD or the School

a final decision made by the School regarding your complaint or, in the case of an academic
appeal, by the University of Kent.
SOME EXAMPLES OF ELIGIBLE COMPLAINTS







Welfare matters
Teaching and facilities
Racial or sexual discrimination
Disability discrimination
Human rights
Harassment
Maladministration
12



Procedural irregularities
Unfair practices
Disciplinary matters
COMPLAINTS NOT COVERED BY THE OIA
The OIA will not consider complaints that:





Relate to a matter of academic judgement – for example, complaints about the marking of
examinations or coursework or degree classification (unless there are procedural or other
irregularities)
Are or have been the subject of court proceedings
Concern the employment of a student by the School
Relate to admissions, for example of a registered undergraduate student to a post-graduate
course
Are about other students or members of staff (except to the extent to which the School is
responsible).
MAKING A COMPLAINT TO THE OIA
You must first exhaust the School’s internal complaints procedures, or, for academic
appeals/complaints, the University of Kent’s internal complaints procedures. If, when you have
received the Completion of Procedures Letter, you are not satisfied and wish to pursue the complaint
further, you should complete the OIA Scheme Application Form a copy of which can be downloaded
from http://www.oiahe.org.uk/literature.asp or obtained from the Head of Academic Administration.
You must send your Scheme Application Form to the Office of the Independent Adjudicator within
three months of receiving the Completion of Procedures Letter. (Please note – that in the case of a
complaint about a procedural matter concerning the final stage of an academic appeal or disciplinary
hearing, a complaint matter may be considered by the OIAHE without the need for that complaint to
exhaust the internal complaints procedure).
The OIA will not undertake a review of the complaint if it is considered that:

on the face of it, there is no case to answer

the complaint has been dealt with satisfactorily

the complainant is not affected in a material way by the matter complained about

it is frivolous or vexatious

it falls outside if the Scheme.
THE OIA PROCEDURES
The OIA procedures are informal in nature. Complaints are usually reviewed based on information
provided by the parties concerned. It is not like going to a court; most decisions are made without the
need for face to face hearings or meetings. The first step is to ensure that the complaint is something
that the OIA can deal with and if it is, a letter will be sent to CDD for comment. A copy of the response
made by CDD will normally be sent to you for your comments. The OIA Reviewer may ask either you
or CDD for further information before making a decision about your complaint. The Reviewer will
normally issue a draft decision so that both you and CDD have an opportunity to comment on any
inaccuracies. Finally, the Reviewer will issue a formal decision to the parties and, if the complaint is
justified, it will usually be accompanied by the Reviewer’s recommendations. Please note that for
complaints related to academic appeals, the OIA will deal directly with the University of Kent
and not CDD.
TYPES OF RECOMMENDATIONS THAT THE OIA MIGHT MAKE
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Where a complaint is wholly or partly justified the Reviewer may recommend that either the higher
education institution does something or refrains from doing something. For example:

that CDD or the School should take a course of action that is considered to be fair in the
circumstances

that the complaint is referred back to be looked at afresh because the internal procedures of
the School, or in the case of a complaint related to an academic procedure, the University of
Kent have not been properly followed

that the institution should change the way it handles complaints, or change its internal
procedures

that compensation is payable to the complainant.
FOLLOWING THE DECISION BY OIA
Higher education institutions are expected to comply with the formal decision of the Reviewer and any
recommendations in full. Non-compliance is considered to be a very serious matter, which will be
reported to the Board of the OIA and publicised in the annual report. However, recommendations are
not binding on the student who has complained.
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