Monash University Education handbook 1995

Copyright © Monash University 1995
Enquiries to publishing@udev.monash.edu.au

Faculty grievance procedures

Introduction

These procedures are designed to facilitate confidential resolution of grievances with a minimum of delay and formality for any student who believes that he or she has a grievance against the faculty, where procedures for the resolution of that grievance are not provided for by other means.

Such grievances may include, but are not limited to,. equal opportunity complaints, complaints related to access and conditions, and complaints related to teaching or support services, or provision of faculty facilities.

Application of procedures

Any student (as defined by Statute 1.1) or any student enrolled in a non-award course, who believes that he or she has been unfairly treated by an academic or administrative decision has the right to seek redress through these procedures. A grievance may relate to any matter other than:

* matters covered in Statute 2.6 The Discipline Committee

* matters which relate to staff discipline procedures as prescribed in the Monash University staff handbook.

* matters that relate to sexual harassment grievances which are to be dealt with under the provisions of the university's Sexual harassment grievances procedures.

In these procedures the term `the parties' means the aggrieved student (and any person who represents the aggrieved student) who constitutes the aggrieved party, and any member of staff or any school of the faculty (and any person who represents that member of staff or department), being the other party.

Confidentiality

Members of the Student Grievance Committee and parties to the proceedings or their witnesses must not divulge any information relating to a matter which is, or has been, before either committee to any person who is not a member of the committee or party to the proceedings.

Proceedings will be conducted in camera. Statements, claims and other matters put forward in these proceedings must not be used or made available for consideration in other areas.

Lodging of grievances

Complainants must be given the opportunity to settle any matter within the jurisdiction of the university.

It is expected that in the first instance students will attempt to resolve complaints by discussing the matter confidentially with any of the following personnel: (i) head of school; (ii) supervisor; (ii) the faculty registrar (Education); (iii) a member of the University Counselling Service; (iv) an officer of the Monash Association of Students or an officer of Monash University Student Union Inc., or (v) the equal opportunity manager, who may assist with equal opportunity matters.

Where a complaint is not resolved informally, it may be referred by the student in writing to the dean through the faculty registrar (Education), who must either (i) inquire into the complaint and attempt to negotiate a resolution, or (ii) convene a student grievance committee;

A grievance is deemed to have been resolved when: (i) the aggrieved party lodges a written withdrawal of the grievance with the faculty registrar, with the consent of the other party, or (ii) a settlement has been agreed to in writing by the parties and lodged with the faculty registrar.

Student Grievance Committee

Composition

Membership of the Student Grievance Committee will normally be (i) a member of the faculty as chairperson appointed by the dean, (ii) a nominee of the Monash Association of Students or of Monash Student Union Inc., depending on the campus of the complainant; and (iii) a nominee of the branch of the staff association to which the responent belongs, or is a nominee of the Monash Association of Students or of Monash University Student Union Inc., depending on the campus of the complainant, and (iii) a nominee of the branch of the staff association to which the respondent belongs, or is eligible to belong and who is acceptable to the respondent.

An additional member may be coopted from the relevant professional body where professional matters are involved. Both genders should normally be represented on the committee. A secretary to the Student Grievance Committee will be appointed by the faculty registrar.

Procedures

(1) The Student Grievance Committee will commence its proceedings within ten working days of its establishment and referral to it of a matter for deliberation.

(2) The Student Grievance Committee will inquire into the complaint, calling for submissions and evidence which it deems relevant.

(3) The parties to a grievance are to have access to all information relevant to `the grievance'.

(4) The Student Grievance Committee must give the parties to a grievance reasonable opportunity to be heard and to present such materials and evidence in support of their submissions as the committee may deem relevant.

(5) Each party to the grievance has the right to be accompanied and/or represented by one other person from the university, and that person has the right to be heard.

(6) The Student Grievance Committee must hear the grievance to completion with a minimum of formality within twenty working days from the date of commencement of its deliberation.

(7) After considering the matter the Student Grievance Committee must make a confidential written report to the dean with a statement that (i) the grievance has been settled, or (ii) the parties are to undertake certain agreed courses of action, or (iii) where the grievance remains unresolved a recommendation that the dean attempt a resolution or take other action as appropriate.

(8) Following receipt of the advice from the Student Grievance Committee the dean must advise the parties involved in writing of the outcome within five working days.

(9) The chairperson must monitor the settlement for up to six months after resolution to ascertain whether the desired effect has been achieved and may recommend to the dean that further steps be taken.

(10) The secretary of the Student Grievance Committee shall keep the only record of proceedings which will not identify the parties involved. The record of the Student Grievance Committee must include (i) the date of the hearing, (ii) the membership of the Student Grievance Committee, (iii) the general nature of the grievance, (iv) a brief outline of proceedings, (v) the general nature of evidence, and (vi) the findings and recommendations of the Student Grievance Committee.

Records must be kept for a period of twelve months and at the end of this period they shall be destroyed.

(11) The faculty registrar will report annually to the faculty board on the operation of the student grievance procedures, including the number and general nature of grievances received.

(12) Subject to the foregoing, the Student Grievance Committee is to regulate its own proceedings.

(13) The procedures will be reviewed by the faculty board after their first year of operation and thereafter from time to time as and when required.

Faculty mediator of complaints

The faculty mediator appointed to receive and mediate complaints is the associate dean (teaching), Associate Professor Margaret Gill.



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