CENTRAL INSTITUTE OF TECHNOLOGY VET FEE-HELP AND FEE HELP GRIEVANCE, REVIEW AND APPEALS POLICY (Academic and Non Academic) PCY25 POLICY STATEMENT: Central Institute of Technology has embraced a “Student Focus” ethos and consciously seeks to support an ongoing culture of mutual respect between staff and students, which encourages meaningful consultation and effective resolution of problems. All students have the right to a transparent, fair and equitable grievance, review and appeals process that enables them to pursue grievances or appeal decisions relating to either academic or non-academic matters without fear of reprisal. Central is committed to ensuring that its process is easily accessible and offered to all students at no charge regardless of their place of residence, the location of the campus at which the grievance has arisen, or the mode of study. All staff will be informed of the grievance process and fully trained in its application and use. FORMS AND GUIDELINES: VET FEE-HELP and FEE HELP Grievances, Complaints and Appeals Form (Academic and NonAcademic) WI25A1 POLICY OWNER: Executive Director, Strategy and Development PATHWAYS: KEY WORDS: Academic, student support VET FEE-HELP, FEE HELP, Equal Benefits and Opportunities 1. Purpose The purpose of the VET FEE-HELP and FEE-HELP Grievance, Review and Appeals Policy is to establish a framework for the management of student grievances, reviews and appeals of decisions relating to either academic or non-academic matters. 2. Scope This policy applies to Central students that were granted FEE-HELP or VET FEE-HELP assistance and students seeking to enrol, regardless of their place of residence, the location of the campus at which the grievance has arisen, or the mode of study. 3. i. Definitions Academic Grievances: refers to matters that relate to a student’s progress, assessment, curriculum and awards in a Central Course of Study. ii. Non-Academic Grievances: refers to non-academic matters that could relate to discrimination, harassment, student amenities and services, fees, management of personal information, administrative processes etc. iii. Appeal: may arise when a student is not satisfied or in agreement with a decision made and seeks to have the matter reviewed. iv. Support Person: refers to a person nominated by the student to attend any meeting called to hear their application. Issue Date: Director Learning Portfolio Support, September 2009 Reviewed: Director Student & Delivery Support October 2014 © Central Institute of Technology 2015 CENTRAL INSTITUTE OF TECHNOLOGY VET FEE-HELP AND FEE HELP GRIEVANCE, REVIEW AND APPEALS POLICY (Academic and Non Academic) PCY25 v. Advocate: refers to an independent person that can provide support and guidance to a student; and where the student is registered with Central’s Disability Services or Psychologist can assist the student to present their case to the Appeals Committee. The advocate is not permitted to be a legal representative. vi. Student Grievance Support Officer: refers to an independent Central staff member who can provide support, advice and guidance to students. 4. Principles The principles underpinning the Institute’s grievance process are: 5. Transparency and accountability – this will be an overarching principle that is observed throughout the whole process; Respectful - students that lodge a grievance will be treated in a welcoming and respectful manner; Confidentiality - all grievances will be managed in a discrete and confidential manner to minimize distress to the student and others involved; and Objectivity and fairness – grievances will be reviewed in an objective and fair manner with a view to identifying solutions. Supportive – the complainant and the respondent will have the option of being accompanied by a support person at any relevant meetings. Policy Provision 5.1 Stage 1 - Management of Informal Grievances Central encourages students, wherever possible, to resolve grievances quickly and informally at the local level, with the fewest people possible involved, to avoid the grievance escalating in scope and impact. The student is encouraged to contact the person/s responsible for the grievance and discuss their concerns and negotiate a resolution. Central’s independent Student Grievance Support Officer is also available to assist the student to make this initial contact, and can accompany them to any meetings organised to facilitate informal discussion to resolve the problem. If the matter cannot be resolved, the student must be informed of their right to lodge a formal grievance. 5.2 Stage 2 - Management of Formal Grievances 5.2.1 Lodgement of Application A formal grievance should be in writing and include a clear statement of the grievance, all the relevant facts about the grievance and what resolution the student is seeking. Preferably, the student should lodge their grievance by filling in the VET FEE-HELP and FEE HELP Grievances, Complaints and Appeals Form (Academic and Non-Academic) and submitting it to Student Services. A grievance submitted via an email or letter will also be accepted. The Complaints Management Officer (CMO) acknowledges receipt of all formal grievances within 2 working days of receipt, together with details of the timeframe for responding and the availability of a Student Grievance Support Officer to help the student during the process. The CMO forwards the Grievance to the relevant manager for resolution within a maximum of 30 working days. Issue Date: Director Learning Portfolio Support, September 2009 Reviewed: Director Student & Delivery Support October 2014 © Central Institute of Technology 2015 CENTRAL INSTITUTE OF TECHNOLOGY VET FEE-HELP AND FEE HELP GRIEVANCE, REVIEW AND APPEALS POLICY (Academic and Non Academic) 5.2.2 PCY25 Academic Grievances Grievances of an academic nature are managed by the Learning Portfolio Manager of the relevant learning area who is responsible for reviewing the facts of the grievance and determining the action to be taken. If a grievance relates specifically to academic assessments, the Academic Appeals process is used to assess the application. The Learning Portfolio Manager will advise the student in writing, within 25 working days from the date of lodgement of their grievance, of the outcome of their application (inclusive of the reasons for the decision) and their right to request an Internal Appeal of the decision. A copy of the response will be forwarded to the Complaints Management Officer for record keeping purposes. 5.2.3 Non-Academic Grievances Grievances of a non- academic nature are managed by the Manager of the relevant business area who is responsible for reviewing the facts of the grievance and determining the action to be taken. The Manager will advise the student in writing, within 25 days from the date of lodgement of their application, of the outcome of their application (inclusive of the reasons for the decision) and their right to request an Internal Appeal of the decision. Stage 3 – Internal Appeal 5.3 Complainants not satisfied with the outcome of Stage 2 are entitled to request an internal appeal on one or more of the following grounds: That relevant information and evidence was not considered in reaching the decision or that irrelevant evidence was relied upon in reaching the decision; That fresh information and evidence has become available, which was not available or not known at the time the original grievance was considered; or That the penalty imposed or decision made was excessive or inappropriate and did not take into account all the circumstances of the matter. The appeal should be lodged (to the Director Student & Delivery Support) by completing the necessary appeal form, within 10 working days from the date the complainant was advised of the outcome of their grievance. On receipt of the appeal, the Director Student & Delivery Support will assess the application, and where it is deemed that sufficient claims against the grounds have been provide, will convene an Appeals Committee Meeting within 13 working days to hear the appeal. Where insufficient information has been provided, the complainant will be asked by the Director Student & Delivery Support to submit further details within 4 working days. If the required information is not received, the application will be dismissed. The Appeals Committee will review all the evidence submitted, the decisions made together with the process used to arrive at the original decision, and make recommendations on their findings to the relevant Executive Director or Managing Director, within 5 working days from the date the Appeals Committee was held. The Committee can meet with the aggrieved parties where necessary. All complainants are advised in writing within 5 working day (of the date the recommendations are submitted to the relevant Executive Director managing Director) of the resolution/outcome of a grievance and their options to seek an external appeal, if they are not satisfied with the resolution to their grievance offered at Stage 3. Issue Date: Director Learning Portfolio Support, September 2009 Reviewed: Director Student & Delivery Support October 2014 © Central Institute of Technology 2015 CENTRAL INSTITUTE OF TECHNOLOGY VET FEE-HELP AND FEE HELP GRIEVANCE, REVIEW AND APPEALS POLICY (Academic and Non Academic) PCY25 Stage 4 – External review or appeal A prospective or current student with a grievance against the Institute may seek an external appeal or review of their case at any stage of the Student Grievance process. If the Institute receives notification that a grievance is the subject of a formal external enquiry or legal action, the application of Stages 1 -3 of the process will be suspended until the external enquiry or action is completed. If a student’s grievance has been dealt with under Stage 3, and the student is dissatisfied with the outcome, they are advised in writing of the following options for an external appeal: Request Central appoints their external mediation agency LEADR to review their case. The appointment of LEADR is organised by the Director Student and Delivery Support and is provided at no cost to the student. Lodge a complaint to the WA Ombudsman (free service). Website: www.ombudsman.wa.gov.au Request a review by the International Education Conciliation Service: a free independent service for international students conciliation@des.wa.gov.au. Central Institute of Technology will implement recommendations arising from the external review. 6. Privacy and Records Central Institute of Technology acknowledges and respects the privacy of students and complainants and complies with the Australian Privacy Principles in respect to the collection, use and disclosure of personal information from individuals. Records of all grievances, applications for review of decisions and outcomes of the grievance process are kept for a period of five years. These records are kept strictly confidential and stored securely by Central’s Corporate Information Unit. All students are able to access their personal information held by Central Institute of Technology. Procedure This procedure sets out the steps that must be following in administering grievance applications. Staff are required to observe the procedure when responding to grievances, and participate in training on its application. Students can seek the assistance of the Student Grievance Support Officer at any stage during this process. 1 Students are encouraged to discuss their grievances with the person/s involved in the first instance and seek the assistance of the Student Grievance Support Officer where needed. 2 If a student or person seeking to enrol does not wish to raise the matter with the person/s involved, or if a student or person seeking to enrol is dissatisfied with the response to the complaint or the time taken to resolve the matter under (1), the student or person seeking to enrol may submit the complaint/grievance in writing on the VET FEE-HELP and FEE-HELP Grievances, Complaints and Appeals Form (Academic and Non-Academic) available from Student Services. 3 Student Services to forward the form to the Institute’s Complaints Management Officer, who acknowledges receipt within 2 working days (including advice on the availability of the Student Grievance Support Officer) and coordinates a response within 30 working days from the date of receipt of the grievance. Issue Date: Director Learning Portfolio Support, September 2009 Reviewed: Director Student & Delivery Support October 2014 © Central Institute of Technology 2015 CENTRAL INSTITUTE OF TECHNOLOGY VET FEE-HELP AND FEE HELP GRIEVANCE, REVIEW AND APPEALS POLICY (Academic and Non Academic) PCY25 4 The responsible Manager will review the grievance and advise the student, within 25 working days from the date of lodgement of their grievance, of the outcome of their application (inclusive of the reasons for the decision) and their right to request an Internal Appeal of the decision. A copy of the response will be forwarded to the Complaints Management Officer for record keeping purposes. 5 If the complainant is not satisfied with the decision derived at in Stage 2, the complainant may request an appeal by submitting an Appeal application to the Director Student and Delivery Support within 10 days from the date they received the original decision on the outcome of their grievance. 6 The Director Student & Delivery Support will assess the application, and where it is deemed that sufficient claims against the grounds for appeal have been provided, will convene an Appeals Committee Meeting within 13 working days to hear the appeal. 7 The Appeals Committee will review all the evidence submitted, the decisions made together with the process used to arrive at the original decision, and make recommendations on their findings to the relevant Executive Director or Managing Director within 5 working days from the date the Appeals Committee was held. The Committee can meet with the aggrieved parties where necessary. 8 The Director Student & Delivery Support will advised the complainant within 5 working day (of the date the recommendations are submitted to the relevant Executive Director managing Director) of the resolution/outcome of the grievance and their options to seek an external appeal, if they are not satisfied with the resolution to their grievance offered at Stage 3. 9 If the complainant is not satisfied with the decision derived at in Stage 3, the complainant may request the Director Student & Delivery Support to refer their grievance to the external agency (LEADR) Central Institute of Technology engage to conduct their external appeals. If the external provider makes recommendations in relation to a grievance they have reviewed, the external provider will forward these recommendations within 14 days to the Director Student and Delivery Support at CENTRAL INSTITUTE OF TECHNOLOGY who will ensure that the recommendations are implemented within 21 days. The procedures set out in this grievance procedure do not replace or modify procedures or any other responsibilities, which may arise under other Higher Education Provider policies or under statute or any other law. Publication This grievance policy and procedure will be made available through publication on Central Institute of Technology’s website at: www.central.wa.edu.au. Issue Date: Director Learning Portfolio Support, September 2009 Reviewed: Director Student & Delivery Support October 2014 © Central Institute of Technology 2015