TAFE NSW Higher Education Student Grievance Procedures for Non-Academic Matters TAFE NSW HIGHER EDUCATION STUDENT GRIEVANCE PROCEDURES FOR NON-ACADEMIC MATTERS Higher Education Unit: Phone (02) 9217 3630 Page 1 of 7 TAFE NSW Higher Education Student Grievance Procedures for Non-Academic Matters Contents 1. Introduction................................................................................................ 3 2. Summary of procedures for dealing with non-academic grievances ......... 3 3. In assessing the seriousness of a grievance ............................................. 4 4. Managing grievances ................................................................................ 4 5. Procedural fairness ................................................................................... 5 6. Right of appeal .......................................................................................... 5 7. Records management ............................................................................... 6 8. Before proceeding with making a grievance .............................................. 6 9. Further information .................................................................................... 6 10. Related documents ................................................................................... 6 11. Monitoring, evaluation and reporting requirements .................................... 6 12. Publication of this procedure ..................................................................... 7 13. Responsibilities and delegations ............................................................... 7 14. Policy approval .......................................................................................... 7 Higher Education Unit: Phone (02) 9217 3630 Page 2 of 7 TAFE NSW Higher Education Student Grievance Procedures for Non-Academic Matters 1. Introduction 1.1 All current or prospective students at TAFE NSW Higher Education are entitled to raise any concerns or grievances they may have in relation to non-academic matters. 1.2 Students are also entitled to have concerns or grievances dealt with sensitively and promptly. 1.3 When students begin studies at TAFE NSW Higher Education, they will be given information about student grievance procedures, including the contact details of the Student Counsellor and other appropriate support staff. 1.4 Concerns or grievances students may have in relation to non-academic matters may arise from any aspect of the service provided by TAFE NSW Higher Education and may include breaches of conduct and/or legislation, such as: harassment vilification discrimination the handling of personal information exclusions from events and facilities. 1.5 Concerns or grievances may also arise as a result of specific events and/or from decisions made around issues related to internal administrative processes and procedures, to do with study including: financial matters fines and payments course applications procedures. 2. Summary of procedures for dealing with non-academic grievances 2.1 In managing a grievance, TAFE NSW Higher Education staff will follow the NSW DET Complaints Handling Policy and Guidelines. 2.2 There are a number of stages involved in resolving grievances. 2.2.1 Discussing the grievance: a grievance can be discussed with an appropriate TAFE NSW Higher Education staff member, who will: explain the grievance handling process; if the matter is to be referred, explain why and to whom ; confirm that the grievance has been fully understood and ask what outcome sought; outline the possible outcomes, including whether or not the outcome sought is reasonable; Higher Education Unit: Phone (02) 9217 3630 Page 3 of 7 TAFE NSW Higher Education Student Grievance Procedures for Non-Academic Matters provide a realistic timeframe for dealing with the matter; ensure that any undertakings made are followed through. 2.2.2 Reporting a grievance: a grievance can be reported to an appropriate staff member, such as a teacher, Student Counsellor or other support officer. 2.2.3 A grievance can be made orally or in writing - a Suggestion or Complaints Form is available for convenience. A copy of this form can be obtained from teaching, administration or counselling and support staff. The completed form is handed to a teacher or an appropriate TAFE NSW Higher Education staff member. 2.2.4 In general, the grievance should be lodged where the grievance occurred. 2.2.5 Assessing a grievance: a grievance will be assessed as to its nature and seriousness and the action to be taken, according to the approved departmental guidelines. 3. In assessing the seriousness of a grievance 3.1 A matter is considered less serious if it involves a minor breach or grievance and was not seen to be part of a pattern of conduct that would lead to disciplinary / remedial action. 3.2 A serious breach is one which, if proven, could amount to serious misconduct under the DET Code of Conduct and could include: a breach of legislation, policy, procedure or contract likely to lead to disciplinary / remedial action, or conduct of a criminal nature. 3.3 Serious grievances such as discrimination should be referred to the AntiHarassment Contact Officer in TAFE NSW Higher Education who can take them to the Dean or CEO. 4. Managing grievances 4.1 If the grievance is considered less serious, attempts to resolve the issue informally should be made. 4.2 Less serious grievances are dealt with promptly and without delay and written notification should be receive by the student of advice of the outcome within five working days. 4.3 If a grievance cannot be resolved informally, it will be referred to the Dean or in more serious cases to the TAFE NSW Higher Education CEO. 4.4 Concerns may need to be put in writing and, if needed, help will be provided by the person receiving the grievance. Higher Education Unit: Phone (02) 9217 3630 Page 4 of 7 TAFE NSW Higher Education Student Grievance Procedures for Non-Academic Matters 4.5 It is preferable but not essential that a name and signature are included in the grievance. In some instances, a grievance cannot proceed if it is anonymous or if a request for identity to be withheld is received. 4.6 Grievances will be recorded so they can be dealt with confidentially and promptly. 4.7 Wherever practicable, a response will be provided by the Dean or nominee within ten working days after the receipt of the written grievance. 4.8 Depending on the nature of the grievance, formal procedures may be followed which may include a process of negotiation or investigation of the grievance. In these cases, the timelines are specified at each stage of the process which is outlined in the NSW DET Complaints Handling Policy and Guidelines. 4.9 A student can have a support person present when making the grievance and at any related meeting. 4.10 The student will be notified in writing of the outcome of the grievance and the steps taken to resolve the issue, if any. 5. Procedural fairness 5.1 Procedural fairness applies in managing grievances, in the interests of all parties, that where a concern or grievance is investigated to its full extent and cannot be substantiated, no further action can be taken. 6. Right of appeal 6.1 If a student feels that they have not been treated fairly or that the outcome of their grievance is unreasonable, there are provisions for seeking a review, both internal and external. These are explained in the NSW DET Complaints Handling Policy and Guidelines. 6.2 Where all avenues for the successful resolution of the grievance have been exhausted, the student has the right to pursue external avenues of appeal. 6.3 External bodies that may be able to assist include: NSW Ombudsman Anti-Discrimination Board of NSW (ADB) Human Rights and Equal Opportunity Commission (HREOC) Administrative Appeals Tribunal: Level 7, City Centre Tower, 55 Market Street Sydney NSW 2000: Telephone - (02) 9391 2400 (metropolitan area) 1300 366 700 (country areas) Sydney.Registry@aat.gov.au Higher Education Unit: Phone (02) 9217 3630 Page 5 of 7 TAFE NSW Higher Education Student Grievance Procedures for Non-Academic Matters 7. Records management 7.1 All written requests for review will be retained and filed in accordance with the requirements of NSW DET Records Management Policy which state that appropriate records of all grievances must be kept for at least five years and that parties to a grievance must have appropriate access to these records. 7.2 All such records will be treated as confidential 7.3 A register will be maintained of grievances and responses. 7.4 Parties to a grievance will be permitted supervised access to all relevant records on request. 8. Before proceeding with making a grievance 8.1 Prior to proceeding with a grievance a student must: Read and understand the relevant policies and procedures Ensure that all matters are discussed as quickly as possible and as close as possible to the source of the problem Ensure that there are grounds for the grievance as defined in the relevant policy/procedures. 8.2 There are no associated fees when lodging a grievance. 9. Further information 9.1 TAFE NSW Higher Education offers free career and education counselling to current and intending students. Counsellors have an extensive knowledge of TAFE NSW Higher Education programs and services, as well as other educational and vocational pathways. 10. Related documents NSW DET Complaints Handling Policy and Guidelines (PD20020051) NSW TAFE NSW Higher Education Student Grievance Procedures for Academic Matters 11. Monitoring, evaluation and reporting requirements 11.1 This document will be reviewed and updated regularly in line with the Quality Assurance and Continuous Improvement Framework. Higher Education Unit: Phone (02) 9217 3630 Page 6 of 7 TAFE NSW Higher Education Student Grievance Procedures for Non-Academic Matters 12. Publication of this procedure 12.1 All TAFE NSW Higher Education policy and procedure will be published on the TAFE NSW Higher Education web-site. Where appropriate it will be published in subject outlines, subject teaching guides and on the academic staff web-site. 13. Responsibilities and delegations 13.2 All TAFE NSW Higher Education staff need to be aware of their responsibility to comply with this procedure. 13.2 Delegated line managers are responsible for the training of academic staff in these procedures. 14. Policy approval 14.1 The TAFE NSW Higher Education Governing Council and Academic Board approved this procedure 16 November 2010 Higher Education Unit: Phone (02) 9217 3630 Page 7 of 7