Student Grievance Mediation Policy
Document type: Rule/Policy/Plan/Guidelines/Operating Procedures
Administering entity: Principal
Date approved: 03 Mar 09
Latest amendment date: 11June 09
Approved by: (Academic Board / Principal)
Indicative time for review: Annual
Responsibility for review: Academic Board
1 Purpose
1.1 TOP Education Institute recognizes the rights students to have unhindered access to mediation. This means they have the right to report problems, concerns or grievances regarding any aspect of their education or other activities, which are within the control of TOP Education Institute and its management staff.
1.2 TOP Education recognises mediation as an official avenue for resolving grievances in accordance with published and accountable procedures as set out in this Grievance Mediation Policy and Procedures.
2 Scope
These procedures do not replace academic, administrative and supervisory avenues for problem resolution.
3 Definitions
A grievance is a complaint or conflict which arises out of an act, decision or omission which the grievant considers to be unjust, wrongful or discriminatory and which is within the control of the Institute.
Mediation is a process by which the participants in a dispute, together with the assistance of a neutral person, systematically isolate disputed issues in order to develop options, consider alternatives, and reach a consensual settlement that will accommodate their needs.
4 Bullying or Harassment
TOP Education Institute will not tolerate inappropriate behaviour of any kind. There is a policy and procedure outlined in the student manual for protection of students.
5 Procedures
Student Complaints and Appeals
5.1.1 Grievance Mediation. TOP Education will ensure the following when dealing with complaints, grievances and appeals:
(i) Each complaint, grievance, appeal and its outcome is recorded in writing;
(ii) Each appeal is heard by an independent person or panel; and
(iii) Each appellant;
(iii-a) has an opportunity to formally present his or her case; and
(iii-b) Is given a written statement of the appeal outcomes, including reasons for the decision
5.1.2 The Institute will publish grievance policies and procedures in prominent public spaces
on campus, as well as in the Student Handbook. The policies will be presented at orientation for both staff and students. The Institute is dedicated to the fair hearing and resolution of all grievances and will discuss with students and staff regarding their familiarity with procedures for dealing with complaints, grievances and appeals.
6 Grievance Procedure
If a problem, complaint or grievance is being experienced with
another staff member or a student, the following procedure should be used:
Step 1:
(i) Identify and discuss the complaint or grievance with the other party.
(ii) Discuss the best outcome to the complaint or grievance.
(iii) Agree to act to resolve the complaint or grievance.
Step 2: If after talking to the person the complaint or grievance remains unresolved you You will need to lodge a formal complaint in writing and the Director of Programs or Principal will mediate to resolve the problem.
Step 3: The process will commence within 10 working days of lodgement of complaint. You will have the opportunity to formally present your case. A student may bring a support person to these meetings.
Step 4: The Institute will provide you with a written statement of advising you of the complaint outcome, including the reasons for the decision within ten working days.
Step 5: If you are dissatisfied with the outcome of the mediation you may appeal the
decision by requesting an external independent arbiter. The Institute will cover the cost of the external independent arbiter.
Any student who accesses the complaints and appeals process will maintain their
enrolment until the case is resolved.
7. Independent Arbiter
If a grievance is ongoing the Principal may mediate or refer the matter to the Independent Arbiter who is appointed by the Principal, or may involve the following organizations:
Australian Council for Private Education and Training (ACPET)
Box Q1076, QVB PO Sydney NSW 1230
Ph: 02 92994555 Fax; 02 92994221
Email:
This e-mail address is being protected from spambots. You need JavaScript enabled to view it
Web site: www.acpet.edu.au
NSW Office of Fair Trading
1 Fitzwilliam Street,
Parramatta NSW 2150 Australia
Tel: 61 2 9895 0111, 13 32 20
Fax: 61 2 9895 0222
Web site: www.fairtrading.nsw.gov.au
8 Complaints Substantiation
8.1 The Institute has a clear policy on handling complaints from students, staff and stakeholders. The TOP Policy conforms to the ESOS national Code ( see 5 (iii) for url)
8.2. Once a formal complaint is made all steps to resolve the matter must be documented:
(i) Receive the complaint in writing with details of the complaint, date and signature of the complainant.
(ii) The written complaint will be forwarded to the Principal.
(iii) The Principal will handle the complaint without prejudice and document all actions taken to investigate and resolve the complaint.
(iv) If necessary the Principal will inform the Institute Council of the complaint in writing.
8.3 If not resolved, a thorough investigation should be carried out and documented.
8.4 If the Institute needs to rectify its own policy and procedures, the Institute must act immediately and document any changes to policies and procedures.
8.5 Serious attempts should be made to resolve a complaint in a manner acceptable to all parties in order to reach a mutually satisfactory resolution. Details of the process and resolution must be documented and copies given to all parties involved. A complete file of the complaint and the steps taken to resolve the matter must be retained by TOP Education.
9 Related Documents
i. Student Code of Conduct
ii. Staff Code of Conduct
iii. ESOS- National Code Explanatory Guide Standard 8: Complaints and