Student Grievance and Complaint Policy

GRIEVANCE PROCEDURE

19. Any NTI student may bring a complaint or grievance about an action or a decision relating to their studies at NTI and falling within the scope of this policy. The policy provides three (3) stages to address grievances:

a) informal discussion

b) formal grievance

c) external review

20. The initial step to resolve a complaint or grievance through informal discussion should be commenced by the complainant within twenty (20) business days of the action, incident or event which caused the grievance.

21. A formal grievance must be lodged within forty (40) business days of the action, incident or event which caused the grievance.

22. Where a student does not meet the deadline for initiating an informal discussion or lodging a formal grievance, but provides a written explanation with supporting documentation for the delay in the process, NTI President may waive the notification deadline.

23. If a student submits a complaint or grievance anonymously, NTI may be limited in the actions it can take to resolve the grievance. If the student does not provide contact information, NTI may not be able to respond to them.

24. A complainant may, at any time in the process, declare that the complaint or grievance is withdrawn. Such a declaration must be made in writing, even in the informal stage. It is not mandatory for a complainant to provide any reason for the withdrawal of a grievance.

Informal Discussion

25. This first stage is intended to provide an opportunity for complaints or grievances to be resolved quickly at the source, with the fewest number of people involved, and to avoid the grievance escalating in scope and impact.

26. The student should contact the person responsible for the decision, action or behaviour that has given rise to the complaint or grievance with details about the grievance. Should the student feel uncomfortable contacting the person whose behaviour, action or decision caused the grievance, they can contact any NTI staff member and attempt to resolve the complaint or grievance informally.

27. Should the grievance relate to discrimination, bullying, harassment, victimization or vilification by an NTI staff member or student, the complainant should proceed straight to the formal grievance process (clause 29)

28. Staff members dealing with an informal complaint will ensure that they:

a) listen and understand the nature of the complaint;

b) explore all the options and possible implications for resolving the issues with the complainant;

c) avoid behaviour that might be misinterpreted;

d) look for a resolution;

e) refer the matter immediately to an alternative NTI staff member if there is conflict of interest, as defined above.

Formal Grievance

29. If the informal discussion does not resolve the grievance, the complainant will lodge a formal written grievance with the NTI President. The written grievances are to be lodged via info@nantien.edu.au or via the Student Services Office at enquiry@nantien.edu.au.  

30. Complainants who are unsure how to proceed may seek assistance and advice through the Student Services Office.

31. Any formal grievance must contain the details of the incident/issue that the grievance relates to and the desired outcome sought by the complainant.

32. NTI’s President might investigate the grievance or might delegate this task to another NTI staff member or might appoint a committee for the assessment and investigation of the grievance.

33. Whoever investigates the grievance, in addition to the steps outlined above under informal procedure, will also:

a) seek and examine all documents and information relevant to the grievance;

b) provide the respondent with a copy of any written complaint or list of issues to be answered by the respondent;

c) interview parties relevant to the grievance;

d) evaluate the information and findings;

e) apply the correct standard of proof (i.e. balance of probabilities);

f) seek relevant documentation; and

g) record and document all matters relating to the grievance.

34. If NTI’s President is not the person investigating the complaint, the delegated person or delegated committee will provide a detailed report to NTI President setting out evidence, facts and mitigating circumstances.

35. NTI’s President will then make a decision as to the appropriate course of action, and both the complainant and the respondent will be given a written statement of the outcome, including reasons for a decision.

Appropriate Timeframe for an Investigation

36. The investigator(s) will commence the investigation within ten (10) working days of the complaint or grievance being lodged.

37. At the outset of the investigation, the investigator(s) will determine likely timeframes and inform both the complainant and the respondent.

38. If any variation to the timeframe is necessary during the course of investigating the grievance, the investigator(s) will inform both the complainant and the respondent.

39. Every effort will be made to handle and resolve grievances as quickly as possible. It would normally be realistic to resolve a grievance within eight (8) weeks. Grievances of greater complexity might take longer.

External Review

40. There are a number of avenues that may be followed by a student (whether this be the complainant or the respondent) who believes that a complaint has not been satisfactorily resolved within NTI.

41. NTI will advise students involved in a complaint or grievance of their right to access the external review process.

42. If a student chooses to access the external review processes in accordance with this policy, NTI will maintain the student’s enrolment while the complaint and review process is ongoing.

43. If the external complaint handling or appeal process results in a decision that supports the complainant or the respondent, NTI will immediately implement any decision and/or corrective and preventative action required.

44. External agencies may include:

a) Overseas Student Ombudsman

b) Fair Trading, New South Wales

c) Australian Human Rights Commission

d) Privacy Commissioner

e) NSW Ombudsman

f) NSW Anti-Discrimination Board

g) Police

45. External review may involve engaging a lawyer and/or lodging court proceedings. A student is free to exercise both of these options but does so at their own cost and risk.

GRIEVANCE OUTCOMES

46. Once the investigation has been conducted, appropriate resolutions to the grievance will be considered.

47. Wherever possible, a resolution should allow study or work to continue productively and harmoniously, and enable essential relationships to be restored, preserved and enhanced. Appropriate outcomes should be discussed with the parties in the course of an investigation.

48. If any allegations have been made and are substantiated, appropriate outcomes might include:

a) a requirement that the complainant receives an apology and/or the issue complained of is addressed or the behaviour modified;

b) remedial action (e.g. correction of records);

c) a requirement that the respondent undertake training or development;

d) measures to address any potential workplace or classroom repercussions;

e) mediation by a mutually accepted third party;

f) counselling with a trained professional for the complainant and/or respondent;

g) establishing a monitoring period to assess the progress of the strategies undertaken;

h) disciplinary action.

49. If the allegations are not substantiated, appropriate outcomes might include:

a) the complainant is provided with feedback to gain a better understanding of the situation so that his/her concerns are addressed;

b) measures to restore the work or study relationship such as facilitation or mediation by a trained professional.

50. If the allegations cannot be proved or disproved, appropriate outcomes might include:

a) advice to both parties that no further action is required;

b) training and development for both parties;

c) measures to restore the work or study relationship such as facilitation or mediation by a trained professional;

d) negotiation of “behaviour arrangements” setting out how the parties will, or will not, behave towards each other in the future and what will happen if this does not occur;

e) establishing a monitoring period to assess the progress of the strategies undertaken.

51. During the investigation, if systemic issues are identified which involve NTI policies, requirements or practices, the grievance outcomes can include recommendations to address these issues. These recommendations will be appropriately submitted to NTI Planning and Review Committee (PRC) or NTI Education Committee.

REQUIREMENTS OF CONFIDENTIALITY

52. Maintaining strict confidentiality gives all parties confidence in the procedure, minimises the disruption caused by gossip and rumour, can prevent escalation of the situation and possible victimisation, and can minimise the risk of defamation claims.

53. Investigators of a complaint or grievance must comply with NTI’s Privacy Policy and inform all parties of their responsibilities in relation to confidentiality:

a) Complainants – grievances should be discussed only with investigators, support person and with medical practitioners or counsellors who are bound by confidentiality codes. Complainants should be advised that, after lodgment of a grievance, discussion of the matter with any other person is inappropriate and not in their best interests because it may leave them open to defamation actions, as well as unduly complicating the matter.

b) Respondents – grievances should be discussed only with investigators, with their support person, and with medical practitioners or counsellors who are bound by confidentiality codes.

c) Investigators – should obtain the consent of the complainant before disclosing their identity to others, with the exception of the respondent, unless NTI’s duty of care or other obligations may be compromised if action is not taken. Investigators may discuss the matter in the context of getting advice from related parties.

d) Staff with supervisory responsibility – should take steps to manage situations where confidentiality has been breached.

RECORD KEEPING

54. Records and documents created in the course of investigating a grievance, as well as the outcome of the investigation,  will be stored in the Grievance Register for a period of at least seven (7) years.

55. No records relating to a grievance will be stored in students’ personal files.

56. All parties involved in the grievance are obliged to keep records and documents in line with preserving confidentiality and respecting privacy in accordance with this policy, NTI Code of Conduct, NTI Privacy Policy and other relevant privacy legislation.