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Complaints & appeals
2 Complaints and Appeals Policy
6 Appeals against Cancellation of Enrolment
i) Grievance - a grievance is a concern about a situation, a process, a person or people, a facility or a service provided by Martin College (the College), which the student brings to the attention of the College in an informal way, i.e. it is spoken about, not written down. Refer to the student Grievance policy and procedure for further information.
ii) Complaint – a formal complaint takes place if a grievance cannot be resolved informally (for example, the affected parties discussing the matter), and is written down for official processing.
iii) Neither a grievance nor a complaint is about dissatisfaction in relation to an assessment process or outcome; that is an Assessment Appeal. Refer to the Assessment Appeals Policy and Procedure for further information.
iv) Appeal – if a student is dissatisfied with a decision made by the College, he/she has 20 working days from the date on the written notification by the College in which to lodge an appeal to have the case reviewed. This includes decisions relating to complaints outcomes and assessment appeals, as well as notification s of unsatisfactory academic progress, unsatisfactory attendance, misbehaviour, and/or pending cancellation of enrolment.
2) Complaints and Appeals Policy
Martin College believes that students are entitled to have access to effective systems for handling any complaints that might arise during the course of their studies, as one way of ensuring the highest possible academic and service standards.
Any complaint will be treated seriously, sensitively, and impartially, and the student should be confident that there will be no negative consequences, and that the complaint will be fairly investigated. The procedures followed will be seen as fair by everyone involved.
Confidentiality will be strictly observed by all participants and at all stages of the Complaints and Appeals Procedure.
3) Formal Complaints Procedure
The Complaints and Appeals Procedure comprises a number of stages, and can be used for complaints about the delivery and quality of services, including teaching, or any other matters relating to the experience of being a student of Martin College.
Within Orientation, each student will be advised of the Complaints and Appeals Policy and Procedure, including the name of the Campus Grievance Counsellor, and where he/she can be found on campus. A student with a complaint should contact the Campus Grievance Counsellor.
Complaints will be heard and addressed through the internal complaints handling processes as quickly as possible. The student’s enrolment will be maintained while the internal process is occurring.
If the student is dissatisfied after all internal complaints handling processes have been completed, he/she can appeal and seek an external case review. The student’s enrolment may not be maintained while the external review process is occurring; this is dependent on the nature of the complaint.
Confidentiality will be strictly observed by all participants and at all stages of the Complaints and Appeals Procedure.
i) How to make a formal complaint
If the student has attempted to resolve matters informally, but is not satisfied with the outcome, he/she might wish to make a formal complaint. To commence that process, the student needs to complete a Complaint Lodgement Form, or write a letter/email and send it to the Campus Grievance Counsellor.
The following information needs to be provided in writing:
· details of the complaint;
· supporting information that the student wishes to be considered as part of the complaint;
· an explanation of the steps already taken to try to resolve the complaint informally and why the responses received are not considered satisfactory; and
· what the student thinks needs to be done to address his/her concerns..
The Campus Grievance Counsellor will commence the process of considering the complaint within 10 working days of receiving the written Complaint Lodgement Form.
ii) What happens then
In considering the complaint, the Campus Grievance Counsellor will arrange a meeting with the student to enable him/her to formally present his/her case. The student may be accompanied or assisted by a support person at any relevant meeting.
The complaint will be investigated by the Campus Grievance Counsellor (who will discuss the student’s issues with the person / service concerned, and may refer it to the Campus Director for resolution). If the Campus Grievance Counsellor and/or Campus Director consider the complaint is justified, the College staff will be notified to immediately implement the decision or action required and the student will be provided with a written explanation. If the complaint is not upheld, then the student will be given a written explanation, detailing the reasons for that decision.
The Grievance Counsellor will take all reasonable measures to finalise the complaints process as soon as practicable.
The Grievance Counsellor will retain a written record of the complaint and its outcome.
4) Internal Appeals Process
If a student is dissatisfied with a decision made by the College, he/she has 20 working days from the date on the written notification by the College in which to lodge an Internal Appeal to have the case reviewed. This includes decisions relating to complaints outcomes and assessment appeals, as well as notifications of unsatisfactory course progress, unsatisfactory attendance, misbehaviour, and/or pending cancellation of enrolment by the College.
If the student chooses to lodge an Internal Appeal, he/she should request and complete an Internal Case Review Request Form (also available from the Campus Director). The request will be considered by the Campus Director, who may decide:
i) to establish a Case Review Panel; or
ii) that there are insufficient grounds to take further action, thus concluding the consideration of the matter under these internal procedures.
The student will be advised in writing of this decision and the reasons for it. If the decision is for a Case Review Panel, the student will be informed of the membership of the Case Review Panel, and the procedure to be followed, at least 14 days in advance of the review date.
The Panel will consist of the Campus Director or his/her nominee (in the Chair), a Program Co-ordinator (for a course other than the one in which the student is enrolled) or his/her nominee, and another senior member of the College staff (who is not one of the student’s teachers).
The review will be conducted in private and all relevant facts will be taken into consideration. The student may attend and be accompanied by a friend or representative who may speak and act on his/her behalf, including providing evidence. If the complaint involves a member of staff, he/she will also be invited to present his/her case to the panel. A secretary will be appointed to take a written record of the meeting.
The student will be notified of the decision of the Case Review Panel in writing. If the complaint is upheld he/she will be informed of the action to be taken to resolve the matter. If it is not upheld, then he/she will be given a written explanation including the reasons for that decision.
5) External Case Review
In the event of the student remaining dissatisfied with the result or conduct of the College’s internal procedures for handling of the complaint, the student has the right to access an external appeals process at minimal cost to him/her.
The College has chosen The Institute of Arbitrators and Mediators (IAMA) as the external body to which the student may refer an unresolved complaint.
The external review will be conducted in accordance with IAMA’s policies and procedures.
The contact details of the IAMA are:
Location: Level 1, 190 Queen St, Melbourne, Victoria 3000, Australia
Postal Address: PO Box 13064, Law Courts, Melbourne, Victoria 8010, Australia
Telephone: (03) 9607 6908
Facsimile: (03) 9602 2833
Email: national@iama.org.au
Web site: www.iama.org.au
Alternatively, the student may choose to take action under Australia’s consumer protection laws.
Overseas students can access independent dispute resolution services through the relevant Australian State Education Authority responsible for approving providers to offer courses to overseas students.
If the external review process supports the complaint, the College will immediately implement any decision and/or action required, and advise the student in writing. If the complaint is not upheld, then he/she will be given a written explanation including the reasons for that decision.
6) Appeals against Cancellation of Enrolment
i) Local Students
The College will maintain the student’s enrolment while the internal complaints handling processes and the external case review process are ongoing.
ii) International Students
The reporting of an international student has serious consequences for the student’s visa – it may result in its automatic cancellation. Therefore, if the appeal is against the College’s decision to report the student for:
· unsatisfactory academic progress, or
· unsatisfactory attendance,
the College will not report the student until the external case review process is complete, and findings have supported the College’s decision.
If the appeal is against the College’s decision to:
· defer or suspend a student’s enrolment due to misbehaviour, or
· to cancel the student’s enrolment,
the College will only wait for the outcome of the internal appeals process to ensure it supports the College, before notifying the Department of Education, Science and Training (DEST) of the change to the student’s enrolment.
Once DEST has been notified of a deferment, suspension or cancellation of a student’s enrolment, the student has 28 days in which to:
· leave Australia; or
· show the Department of Immigration and Citizenship (DIAC) a new Confirmation of Enrolment; or
· provide DIAC with evidence that he or she has accessed an external appeals process.
7) Monitoring
Without breaching confidentiality, all formal complaints and their associated responses and outcomes will be monitored by the Academic and Operations Director of Study Group Australia (or nominee).
8) Time Limits
The College is unlikely to consider a complaint from a former student whose enrolment was finalised 6 months or more prior to the time of lodging the complaint.
9) Complaints Process Records
The student’s files will be updated to record the outcome of each stage of the process, and any subsequent actions.
A copy of all related documentation, including a statement of findings demonstrating the reasons behind the decisions made at each stage of the complaint and appeal(s) process, will be retained on the student’s file.
A copy of the statement of findings will be provided to the student.