Student Grievance Policy


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Student Grievance Policy 1.0

Overview

The Student Grievance policy has been developed to ensure all current and prospective students of UC International College (UCIC) are given access to a fair complaints resolution and appeals process. As an accredited provider and a signatory to the Code of Practice for the Pastoral Care of International Students, UCIC follows the procedures described by the New Zealand Qualification Authority (NZQA) at: http://www.nzqa.govt.nz/providers-partners/caring-for-international-students/student-complaints/

NZQA has a complaints process that allows UCIC students to make a complaint about UCIC should you not be able to have the matter resolved by UCIC, following the policies and processes set out in this document. NZQA’s processes, including the things that you can complain to NZQA about, are given at http://www.nzqa.govt.nz/about-us/make-a-complaint/make-a-complaint-about-a-provider/. The areas that you can complain to UCIC and NZQA about relate to:  Course information;  Entry and selection procedures;  Enrolment procedures;  Information or procedures for financial matters;  Staff qualifications or skills;  Student support and guidance;  Programme content, structure or delivery;  Equipment and teaching resources;  Assessment processes and information;  Management practices. The policy described in this document sets out the procedures for academic matters (5.0) and also covers non-academic (6.0) student grievances. The process does not apply to the review of marks. Please refer to the Review of Marks Policy for details on how to undertake a review of course marks and grades. The policy has been developed in line with requirements set out in the Code of Practice for the Pastoral Care of International Students Guidelines - Tertiary (revised 2013) and the Private Training Establishment Registration Rules 2013 under section 253 of the Education Act 1989. 2.0

Organisational Scope

Any current or prospective student of UCIC who experiences incorrect, inappropriate or unfair treatment in the course of their relationship with UCIC is entitled to access the complaints and appeals process set out in this policy, regardless of the location of the campus at which the matter has arisen, the student's place of residence or the mode in which they study. Grievances experienced by UCIC staff are to be dealt with according to the terms set out in the UCIC Employee Agreement.

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3.0

Definitions

Code of Practice Guidelines: Guidelines for Tertiary Providers developed by the New Zealand Qualifications Authority to ensure compliance with the Code of Practice for the Pastoral Care of International Students (http://www.nzqa.govt.nz/providers-partners/caring-for-internationalstudents/guidelines-applications-and-information-for-signatories/guidelines-to-support-the-codeof-practice/). The Code: The Code of Practice for the Pastoral Care of International Students, established under section 238F of the Education Act 1989 and last revised in 2013. The Ministry of Education owns the Code. Complainant: A person lodging a complaint or appeal. IEAA: International Education Appeal Authority: independent body that deals with complaints from international students about the care, advice or services they receive from their education provider. Respondent: A person responding to a complaint or appeal. This may also be the person who made the original decision the person is appealing. 4.0

Policy Principles

The principles which underpin this policy are as follows:



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The consideration of complaints and appeals will be dealt with according to principles of procedural fairness which respect the right of a complainant to be heard by an impartial party; Attempts will be made to resolve complaints and appeals as close to the source as possible; Complainants and respondents will not be subject to discrimination or harassment resulting from their participation in the complaints process; This complaints process does not restrict a complainant's right to pursue other legal remedies; Staff will make all attempts to respond to complaints within the time limits set out in this policy; All procedures will be made available to the public on the UCIC website; Complainants and/or respondents have the right to be accompanied by a support person (such as family member, whanau, friend, counselor or other professional support person other than a qualified legal practitioner) if they so desire; All communications arising from the complaints process, together with the proceedings of the Appeals and Grievance Committee, will remain confidential, except to the extent necessary to give effect to this Grievance and Appeals Policy; Where the appeal relates to suspension of enrolment, students may maintain their enrolled status whilst awaiting the outcome of the appeal; If, at any time during the internal or external grievance process, a decision is made which supports the complainant, UCIC will immediately implement the decision and advise the complainant of the outcome.

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5.0

Academic Grievance Process

The academic grievance policy is a staged process commencing with informal resolution between the complainant and the respondent. If not satisfied with the outcome of the informal process, a complainant may then commence a formal appeals process as indicated below. Students who require assistance with preparing a written complaint or appeal may contact the UCIC Welfare Advisor for support. 5.1

Stage I - Informal

The first step is direct informal communication between the complainant and respondent within 20 working days of becoming aware of the problem, to allow both parties to discuss their point of view and attempt resolution. The complainant is entitled to request and receive a written response outlining a full explanation for decisions and actions taken. 5.2

Stage II - Formal Grievance & Appeals Process

If Stage 1 is unsuitable or unavailable, a student seeking to commence a formal grievance and appeals process has 20 working days from the time of becoming aware of the problem, to lodge their formal written appeal with the Programme Manager. If the complainant has engaged in the Stage 1 informal process and is not satisfied with the outcome, a written appeal to the Programme Manager must be lodged within 5 working days. The Programme Manager may arrange a time to meet with the complainant within 5 working days of the appeal receipt, to reconsider the matter in light of additional information provided. To avoid any conflict of interest, where the Programme Manager has been involved at the informal stage, the matter will be referred to an independent and appropriate academic staff member to carry out Stage 2. The complainant and respondent will be advised of the appeal outcome in writing within 10 working days of the meeting. There is no cost associated with Stage 2 of the appeals process. 5.3

Stage III - Appeals and Grievance Committee

Where the complainant is not satisfied with the outcome of Stage 2 and believes that:

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there was insufficient opportunity to present their case to the decision-maker ; or the process was not carried out in accordance with UCIC policy or procedures; or the decision was made contrary to the evidence provided;

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a written statement of appeal can be lodged with the Appeals and Grievance Committee Secretary (UCIC’s Quality & Compliance Manager). This statement should be lodged within 5 working days of receiving the written notification of the outcome of Stage 2. The Appeals and Grievance Committee consists of:

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College Director and Principal, Senior Manager, Marketing and Admissions; Programme Manager, Welfare Advisor; and Quality & Compliance Manager (or nominees where a member is unavailable)

The Committee will consider the appeal and respond in writing to the complainant within 10 working days of receipt of the Stage 3 appeal documentation. The Committee may ask either the complainant or respondent (or both) to present their case in person to the Committee. To avoid any conflict of interest, an alternative senior staff member will replace any Committee member who has been involved in the decision being appealed or the Stage 1 or 2 process. There is no cost associated with Stage 3 of the appeals process. 5.4

Stage Four - External Agencies

Where the complainant is not satisfied with the outcome of the Stage 3 and believes that at the Appeals and Grievance Committee:

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there was insufficient opportunity to present their case to the decision-maker ; or the process was not carried out in accordance with UCIC policy or procedures; or the decision was made contrary to the evidence provided; the College has not acted in accordance with the Code;

they may request that the matter to be referred to the International Education Appeal Authority (IEAA) as the last step. Complainants must lodge their complaint with IEAA via a complaint form, and post it and any supporting documentation to: International Education Appeal Authority Tribunals Unit Private Bag 32-001 Panama Street Wellington 6146 Further details about the IEAA process and the complaint form can be found on their website at www.justice.govt.nz/tribunals/international-education-appeal-authority There is no cost associated with having a case heard by the IEAA.

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5.5

Administrative Procedures

This policy and related documentation is accessible through the UCIC policy library on its website. Records of all complaints and appeals will be kept for a period of five years. These records will be strictly confidential and filed separately from student files. These records will be under the responsibility of Quality & Compliance Manager. This policy and related procedures will be communicated to staff via email and ongoing staff information sessions. New staff will receive policy information during the induction process. Recommendations arising from any external review of the Grievance and Appeals Policy or procedures should be implemented within 90 days of notification.

6.0 Student Non-academic Grievances This policy sets out the valid grounds and procedures for non academic matters, which relate to:

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Customer services and administration Marketing and information Facilities Fees and finance related matters Welfare Request for Transfer between Registered Providers

The policy has been developed in line with requirements set out in The Code of Practice for the Pastoral Care of International Students Guidelines - Tertiary (revised 2013). 6.1 Organisational Scope Any current or prospective student of UCIC who experiences incorrect, inappropriate or unfair treatment in the course of their relationship with UCIC is entitled to access the complaints and appeals process set out in this policy, regardless of the location of the campus at which the matter has arisen, the student's place of residence or the mode in which they study. Grievances experienced by UCIC staff are to be dealt with according to the terms set out in the UCIC Employee Agreement. 6.2 General Grievance The non-academic grievance policy is a staged process commencing with informal resolution between the complainant and the respondent. If not satisfied with the outcome of the informal process, a complainant can then commence a formal appeals process as indicated below. Students who require assistance with preparing a written complaint or appeal may contact the UCIC Welfare Advisor for support.

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6.3 Stage I - Informal Process The first step is direct informal communication between the complainant and respondent within 10 working days of becoming aware of the problem, to allow both parties to discuss their point of view and attempt resolution. The complainant is entitled to request and receive a written response giving reasons and full explanation for decisions and actions taken. There is no cost associated with Stage 1 of the grievance process. 6.4 Stage II - Formal Grievance Process If Stage 1 is unsuitable or unavailable, a student seeking to commence a formal grievance and appeals process has 5 working days from the time of becoming aware of the problem, to lodge their grievance in writing to the UCIC College Director and Principal. The College Director and Principal will examine the grievance and review the decision in light of any additional information provided by the complainant. To avoid any conflict of interest, where the College Director and Principal has been involved at the informal stage, the matter must be referred to an independent and appropriate staff member to carry out Stage 2. The complainant and respondent will be advised of the appeal outcome in writing within 10 working days of receiving notice of the grievance in writing. There is no cost associated with Stage 2 of the grievance process. 6.5 Stage III - Appeals and Grievance Committee Where the complainant is not satisfied with the outcome of Stage 2 and believes that:

  

there was insufficient opportunity to present their case to the decision-maker ; or the process was not carried out in accordance with UCIC policy or procedures; or the decision was made contrary to the evidence provided;

a written statement of complaint can be lodged with the Appeals and Grievance Committee Secretary (UCIC’s Quality and Compliance Manager). This statement should be lodged within 5 working days of receiving the written notification of the outcome of Stage 2. The Appeals and Grievance Committee consists of:

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College Director and Principal, Programme Manager, Welfare Advisor, and Quality and Compliance Manager (or nominees where a member is unavailable)

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The Committee will consider the appeal and respond in writing to the complainant within 10 working days of receipt of the Stage 3 appeal documentation. The Committee may ask either the complainant or respondent (or both) to present their case in person to the Committee. To avoid any conflict of interest, an alternative senior staff member will replace any Committee member who has been responsible for the decision being appealed, or the Stage 1 or 2 processes. There is no cost associated with Stage 3 of the grievance process. 6.6 Stage IV - External Agencies Where the complainant is not satisfied with the outcome of the Stage 3 and believes that at the Appeals and Grievance Committee:

   

there was insufficient opportunity to present their case to the decision-maker; or the process was not carried out in accordance with UCIC policy or procedures; or the decision was made contrary to the evidence provided; the College has not acted in accordance with the Code;

they may request that the matter to be referred to the International Education Appeal Authority (IEAA) as the last step. Complainants must lodge their complaint with IEAA via a complaint form, and post it and any supporting documentation to: International Education Appeal Authority Tribunals Unit Private Bag 32-001 Panama Street Wellington 6146 Further details about the IEAA process and the complaint form can be found on their website at www.justice.govt.nz/tribunals/international-education-appeal-authority There is no cost associated with having a case heard by the IEAA. 6.7 Administrative Procedures This policy and related documentation is accessible through the UCIC policy library on its website. Records of all complaints and appeals will be kept for a period of five years. These records will be strictly confidential and filed separately from student files. These records will be under the responsibility of Quality & Compliance Manager. This policy and related procedures will be communicated to staff via email and ongoing staff information sessions. New staff will receive policy information during the induction process. Recommendations arising from any external review of the Grievance and Appeals Policy or procedures should be implemented within 90 days of notification.

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7.0

Related Policies

This policy should be read in conjunction with the following policies as applicable:  Assessment Policy  Academic Integrity Policy  Satisfactory Programme Progression Policy  Examinations Policy  Review of Marks Policy  UCIC Student Code of Conduct Appendix 1 –Appeals Flow Chart

Original Decision •Academic or General grievance

Stage 1 •Informal Resolution

Stage 2 •Formal Grievance Process

Stage 3

Stage 4

•Appeals and Grievance Committee

•External Agency Refer to the IEAA

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Policy Title

Student Grievance Policy

Policy Owners

College Director and Principal, UCIC

Contact Persons

Academic Manager, College Director and Principal

Key Stakeholders

All students of UCIC, UCIC staff

Approval Body

UCIC Executive Committee

Meeting date approved

14/02/2017 Relevant Legislation

The Code of Practice for the Pastoral Care of International Students - Tertiary (revised 2013), and the Private Training Establishment Registration Rules 2013 under section 253 of the Education Act 1989

Related Policies

See 7.0 above

Related Guidelines

N/A

File information

File number

Version number

N/A

V2.2

14/02/2017

Next Review Date

Date Effective

April 2017 Version 2.2 Approved By:

College Director and Principal, UC International College

V2.2 – 14/02/2017