(1) This Procedure is effective from 10 August 2017. (2) This Procedure documents the University's student complaints resolution process. (3) This Procedure applies to concerns and complaints by current, former or prospective students as set out in the Student Complaints Resolution policy. (4) This Procedure is pursuant to the Student Complaints Resolution policy. (5) This Procedure provides two avenues for students to resolve their concerns or complaints within the University: (6) At any stage, and in any meeting relevant to the resolution of a complaint or concern, the student has the right to a support person other than a legal practitioner. The support person may include a Designated Complaints Contact, Harassment and Discrimination Contact Officer, student representative or Deakin University Student Association (DUSA) advocate, family member or friend. The support person cannot advocate for either party. (7) Allegations of discrimination, sexual harassment, bullying or victimisation should in the first instance be discussed with a Harassment and Discrimination Contact Officer or with the relevant Head of School or area manager, who will: (8) The Harassment and Discrimination Contact Officer or relevant Head of School or area manager will refer any serious matters to the Manager, Student Complaints and Appeals, who will determine whether the matter should be handled under this Procedure, in accordance with clause 12b. (9) Where possible, a student who has a concern about a matter covered by this Procedure should in the first instance raise it directly with the person/s or area whose action or decision has led to the concern and attempt to reach a satisfactory resolution. (10) If a concern is informally resolved to the satisfaction of the student and agreed actions have been implemented, no further action is required and the matter is not recorded in the Complaints Handling System as a complaint. (11) If a concern is not resolved to the satisfaction of the student, the student may lodge a complaint as set out in clauses 15-18. (12) The following matters are treated by the University as student complaints: (13) All steps taken and decisions made as part of the formal resolution of a student complaint are, as soon as practicable, recorded in the Complaints Handling System and communicated in writing to all affected parties. (14) A student may withdraw a complaint or appeal at any time by notifying the Student Complaints Office in writing. (15) To lodge a complaint, a student should complete and submit a Student Complaint form to the Student Complaints Office in person, through the mail, electronically or online. The form requires: (16) Complaints should be lodged: (17) A complaint lodged after six months will normally only be investigated where the Manager, Student Complaints and Appeals is satisfied that: (18) Anonymous complaints will be investigated at the discretion of the Manager, Student Complaints and Appeals. (19) Within five working days of a complaint form being lodged, the Manager, Student Complaints and Appeals or nominee will: (20) The Manager, Student Complaints and Appeals or nominee may request further information or documentation from the complainant. (21) Within 10 working days of a complaint being lodged and any additional information or documentation being supplied, the Manager, Student Complaints and Appeals or nominee will: (22) The Student Complaints Office will take appropriate action to facilitate the resolution of the student complaint. (23) Where an investigation is required, it may be conducted: (24) Investigators should have no prior involvement in the matter and have the capacity and seniority to consider the issues and provide appropriate recommendations. (25) Investigators must: (26) The investigator will investigate a complaint in a timely manner and seek whatever information, advice or assistance is necessary to reach a recommendation. (27) The investigator may investigate the facts of the matter, to determine whether the complaint is more likely than not to be substantiated, and/or whether the original action or decision was justified on the basis of: (28) Each party will be provided with an opportunity to present their case and, where appropriate, to comment on any information presented during the investigation. (29) Students and respondents are expected to cooperate with the investigation, attend any meetings and behave in a reasonable and courteous manner. (30) After completing an investigation, the investigator will prepare a written report for the Student Complaints Office regarding the outcome/s and further action/s (as appropriate). (31) The Student Complaints Office will provide all parties involved in the resolution of the complaint with a written statement detailing the outcome (where appropriate), usually within five working days of the outcome being finalised. (32) Students are referred to appropriate internal and/or external avenues for appeal and provided with information about procedures and timelines for lodging an appeal. (33) Students may appeal the outcome of their complaint within 20 working days of formal written notification of the outcome. (34) Appeals should be submitted to the Student Complaints Office on a Deakin University Student Complaint Appeal Form. (35) The Manager, Student Complaints and Appeals determines whether a student has grounds for the appeal. (36) Appeals from an outcome resulting from a resolution process that did not involve an independent or external investigation (clause 23b or 23c): (37) Appeals from an outcome resulting from an independent or external consultant’s investigation: (38) Appeals on procedural grounds against an outcome resulting from an independent or external consultant’s investigation may be made to an appropriate external organisation in accordance with clauses 39-40. (39) Students can seek an external review of final University decisions by the Victorian Ombudsman. Students may also access other external organisations such as the Victorian Equal Opportunity and Human Rights Commission and the Australian Human Rights Commission. (40) Where the University is aware that a complaint has been lodged by a student with an external organisation, the external complaint is recorded in the Complaints Handling System. (41) For the purpose of this Procedure:Student Complaints Resolution procedure
Section 1 - Preamble
Section 2 - Purpose
Section 3 - Scope
Section 4 - Policy
Section 5 - Procedures
Students may also refer complaints or other matters to external organisations in accordance either with the particular organisation's procedures or with clauses 39-40.
Informal resolution of student concerns
Formal resolution of student complaints by the University
Lodging complaints
Preliminary assessment and initiation of resolution process
Investigations
Communication of outcomes
Appeals
Formal resolution of student complaint by external organisation
Section 6 - Definitions
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