• Section 1 - Purpose and Scope
• Section 2 - Principles and Key Requirements
• Part A - Procedures for Students
• Support for Students
• Informal Resolution
• Lodging a Formal Grievance or Appeal
• Part B - Procedures for Staff
• Requirement to Act Fairly, Impartially and Exercise Independent Judgment
• Confidentiality
• Conflicts of Interest
• Role of a Decision-maker
• Possible Remedies
• Part C - Decision-Maker Tables
• Formal Academic Grievance/Appeals
• Formal Administrative Grievances/Appeals
• Formal Grievances/Appeals about Discrimination, Harassment and Bullying
• Part D - External Avenues for Grievance Resolution
• Section 3 - Roles, Responsibilities and Accountabilities
• Vice-Chancellor
• Academic Registrar
• Decision-Makers
• Section 4 - Monitoring, Review and Assurance
• Section 5 - Recording and Reporting
• Section 6 - Appendix

Section 1 - Purpose and Scope

(1) This Procedure seeks to facilitate the informal resolution of grievances as close as possible to the source of student dissatisfaction, and to provide a general framework for the complaints management system under which the University will handle and respond to complaints.

(2) This Procedure which enacts the Student Grievance Resolution Policy applies to all students and to University staff involved in managing student grievances or appeals to decisions made in accordance with University policies and procedures.

Section 2 - Principles and Key Requirements

Part A - Procedures for Students

Support for Students

(3) There are a number of advocacy and support services available through the grievance resolution process that students may access free of charge. 

1. Representatives of UQ Union (UQU) may take an advocacy role in the grievance resolution process. Students can consult UQU, which can help the student to present their grievance. 
2. The University’s Student Services staff do not advocate on behalf of students, however, Student Services staff can provide students with documentation attesting to circumstances that may be taken into account by the University in considering a grievance or an appeal (for example, evidence of attendance at a personal counselling appointment).
3. In cases of alleged discrimination or harassment (including sexual harassment), students may see a Discrimination and Harassment Contact Officer (DHCO). DHCOs provide information on UQ policy (including student grievance, prevention of sexual harassment and discrimination and harassment). DHCOs are not able to advocate on a student’s behalf or become in any way involved in resolving a grievance. A list of Discrimination and Harassment Contact Officers and a description of their role is available online.

(4) Where students initiate meetings to resolve grievances with University staff or are invited to attend meetings for this purpose, students may request the presence of a support person to attend with them, in addition or in preference to a representative of the UQU. The role played by someone in the support capacity is as a neutral witness to the discussion. The support person must not be a legal representative or a currently practicing solicitor or barrister.

Informal Resolution

(5)  It is expected that, in the first instance, a student attempts to resolve the issue informally by approaching the person concerned directly. Informal resolution strategies may include:

1. seeking clarification on the matter from a relevant staff member;
2. requesting a relevant staff member to raise the matter with the individual;
3. requesting a conciliation or mediation be arranged. Refer to the relevant policy:
   1. Student Integrity and Misconduct Policy
   2. Diversity, Equity and Inclusive Behaviours Policy
   3. Sexual Misconduct Prevention and Response Policy.

(6) If the issue is unable to be resolved informally with the relevant person in the initial step, and where the student requires formal resolution, a formal grievance must be lodged as follows.

Lodging a Formal Grievance or Appeal

(7) In order for a grievance or appeal to be accepted for consideration it must:

1. be in writing (via the University's complaints management system or in person at a Student Centre);
2. contain the name of the complainant. (Where an anonymous complaint is received, efforts will be made to the extent practicable, to investigate the complaint);
3. provide details of the resolution sought;
4. where relevant, provide details of informal steps taken to seek resolution;
5. where relevant, the name and contact details, if known, of any respondent or witnesses to the incident/s which has led to the grievance;
6. contain sufficient information about the matter to enable an assessment of the grievance to be made;
7. be lodged by the student who has been aggrieved, or by a third party with explicit written consent from the aggrieved student; and
8. be lodged within the following timeframes, unless a different time period is prescribed in a specific policy or rule:
   1. Formal Grievances – within 56 calendar days of the decision/action giving rise to the grievance. In exceptional circumstances the timeframe for lodging a grievance may be extended beyond 56 calendar days by the Academic Registrar. The student must submit a written request that includes sufficient reasoning to academic.registrar@uq.edu.au.
   2. Appeals – within 28 calendar days of the decision/action giving rise to the appeal. A further extension of up to 28 calendar days may be given by the relevant appeal person or body upon receipt of the request from the student or their authorised third party representative. In the case of appeals heard by Student Academic Administrative Appeals Committee (SAAAC), the request for an extension must be submitted to the Secretary of SAAAC via email senatestudentappeals@uq.edu.au.
      
      In some grievances, for example matters relating to assessment outcomes, shorter timeframes are set in the relevant policies or rules.

(8) Students are required to submit their grievances or appeal through the University’s complaints management system or in person at a Student Centre. Appeals to SAAAC must also be submitted via the UQ complaints management system.

(9) Appeals submitted to SAAAC must be within SAAAC jurisdiction, and must have sufficient grounds as specified in Academic Administrative Appeals by Students Policy.

(10) There is no cost associated with lodging a formal grievance or appeal. A student's enrolment will be maintained while the complaint and appeal process is ongoing. However, this does not entitle a student to enrol in shorter form credentials, courses or programs they are not qualified to be in.

Part B - Procedures for Staff

Requirement to Act Fairly, Impartially and Exercise Independent Judgment

(11) Staff who investigate or decide complaints or appeals must act fairly and impartially. They should seek advice about the process and their responsibilities under it from an appropriate source (for example, Student Administration), and must exercise independent judgment at all times about the particular complaint or appeal, based on their objective assessment of the evidence.

(12) Staff must conduct themselves in a professional and courteous manner at all times.

Confidentiality

(13) Staff who investigate or hear a complaint or appeal must treat it as confidential and must only disclose information to others strictly on a “need-to-know” basis.

Conflicts of Interest

(14) Staff involved in a complaint or appeal must disclose actual, perceived or potential conflicts of interest (whether personal, financial or otherwise) as soon as they become aware of them. That staff member’s supervisor (or other person to whom they are accountable under that process) must assess whether that conflict does, or is likely to be seen to, preclude that staff member from acting fairly and impartially. If so, another person must be appointed to replace the staff member as investigator or decision-maker.

(15) Staff who have previously advised or supported a student must not be involved in undertaking an investigation or in a decision-making capacity in relation to that student’s complaint or appeal. Advice may be sought from the Academic Registrar.

Role of a Decision-maker

(16) A decision-maker who receives a complaint or appeal must take the following steps:

1. Acknowledge receipt of a complaint within 14 calendar days of lodgement and provide an explanation to the student of the grievance resolution process and the estimated timeframe for resolution.
2. Assess the detail of the complaint and seek further information from relevant parties where necessary and appropriate. Where the nature of the complaint is unclear, particularly in terms of who the appropriate decision-maker may be (e.g., if there are legislative implications), advice must be sought from the Student Complaints and Grievance Resolution unit in Academic Services Division.
3. Seek advice from the Associate Director, Student Conduct and Integrity or Director, Human Resources in instances where a grievance may potentially be more appropriately managed through the staff or student misconduct process.
4. Decide how the grievance will best be resolved and advise the relevant parties of this decision.
5. If the grievance is not sufficiently supported by appropriate grounds, communicate this decision to the student along with the rationale.
6. Advise the student of further avenues for their concerns to be addressed if they have not been resolved to their satisfaction.

Making the Decision

(17) In coming to a decision, the decision-maker must follow fair procedures observing natural justice and due process. This requires gathering information relevant to the decision and providing procedural fairness to people whose interests may be adversely affected by any decision.

(18) All findings of fact must be supported by relevant evidence. After the decision-maker has gathered the evidence, this must be evaluated to determine what is relevant to the grievance or appeal. All relevant evidence must be considered, not just the evidence which supports the finding the decision-maker may want to make. Whether the evidence that has been gathered is sufficient to prove a fact must be assessed in accordance with the civil standard (proof on the balance of probabilities). The strength of evidence necessary to establish a fact on the balance of probabilities may vary according to the seriousness of the issues involved, that is, the more serious the issue, the stronger the evidence required. The decision-maker needs to ensure they record all findings of fact and their reasoning for them.

(19) The decision-maker must reasonably exercise their discretion, within the limits of their authority. In reaching a decision, the decision-maker must have regard for legislation and University policy and should consult with other officers as appropriate (for example, Student Administration).

(20) The decision-maker must ensure they take into account relevant matters and disregard irrelevant detail, noting the reasons for doing so. Where necessary, the decision-maker should determine the weight to be given to competing factors considered when making a decision and detail their rationale. For example, a student may allege that they had no internet access to manage their enrolment during a certain time period but system logs of their mySI-net account indicate they had logged in on several occasions during that same time period. In that circumstance, more weight may be placed on the system logs than the claim made by the student, because physical records can be produced to substantiate the system activity.

(21) When considering an appeal the decision-maker must have regard to whether:

1. the student has provided additional, substantive information;
2. a fair and proper process for considering the grievance/appeal has been followed;
3. there was an appropriate level of information on which the decision-maker made the initial decision;
4. the decision was fair and reasonable in the circumstances;
5. the outcome, including any penalties imposed, was fair and reasonable in the circumstances.

Communicating the Decision

(22) In the case of all formal grievances and appeals, the decision made must be communicated to the student in writing, and this decision advice must contain the reasons for the decision.

(23) The purpose of giving reasons for a decision is to enable the person affected by the decision:

1. to understand why the decision was made;
2. to decide whether to appeal the decision if they remain dissatisfied; and
3. if they appeal the decision, to identify the grounds for the appeal.

(24) A person adversely affected by the decision must be notified of any review or appeal process at the time they are notified of the decision, including the time allowed to apply for the review/appeal and how to apply for the review/appeal.

(25) Where a decision finds in favour of the student, the University must take steps to implement the decision or corrective action as soon as practicable after the decision is reached, and to advise the student about the action that will be, or has been, taken.

Possible Remedies

(26) Where a finding in relation to a grievance or appeal is in favour of the student, possible remedies might include, but are not limited to:

1. offering an apology where appropriate;
2. correcting an error to the extent possible;
3. making a new decision; and undertaking to revise and
4. improve existing processes.

Part C - Decision-Maker Tables

(27) The Decision-Maker Tables describe the steps, within the University, a student must take to have a grievance dealt with, or to appeal one or more of the decisions listed.

(28) Students are expected in the first instance to attempt to resolve the matter informally with the individual closest to the source of the decision or grievance. However, where this is not practicable or a student believes the matter remains unresolved, the student may choose to lodge a formal grievance, or to make a formal appeal.

Formal Academic Grievance/Appeals

Formal Administrative Grievances/Appeals

Formal Grievances/Appeals about Discrimination, Harassment and Bullying

Part D - External Avenues for Grievance Resolution

(29) Where all avenues for escalation or appeal listed in the Decision-Maker Tables (above) have been exhausted, without reaching what the student considers to be a satisfactory outcome, the student can then take the matter to the Queensland Ombudsman.

(30) In addition, a number of other external agencies may be able to provide advice or review a decision taken by the University. They include:

1. Australian Human Rights Commission
2. Queensland Human Rights Commission
3. Office of the Information Commissioner
4. Commonwealth Ombudsman
5. Crime and Corruption Commission Queensland.

(31) The University must respond promptly, when contacted by these external agencies, to provide information relevant to grievances lodged by UQ students or former students.

Section 3 - Roles, Responsibilities and Accountabilities

Vice-Chancellor

(32) The Vice-Chancellor is the Chief Executive Officer of the University and is responsible for approval of changes to the overarching Student Grievance Resolution Policy.

Academic Registrar

(33) The Academic Registrar is the central point of contact for student grievance resolution processes and is responsible for:

1. Approving changes to this Procedure.
2. Initiating periodic reviews of this Procedure.
3. Developing, publishing and promulgating guidelines as relevant to assist in the management of this Procedure; and
4. Overseeing the integrity of records on all grievances and appeals in accordance with the requirements of the Queensland Government’s Records Governance Policy.

Decision-Makers

(34) Decision-makers, as set out in the Decision-Maker Tables above, are responsible for:

1. identifying key issues of a claim;
2. making impartial, unbiased and timely decisions; and
3. communicating these decisions to both the student and the Student Complaints and Grievance Resolution unit.

Section 4 - Monitoring, Review and Assurance

(35) The SAAAC will monitor the types of complaints heard by the committee to identify if systemic issues exist across the University. A report will be produced annually with recommendations for changes to policy or procedures regarding addressing issues as they are identified.

(36) The Academic Registrar will periodically review the volume of complaints received by the University and the timelines of processing these complaints through the University's complaints management system.

Section 5 - Recording and Reporting

(37) The University’s complaints management system will be used to record grievances and appeals received by the University.

(38) All records relating to student grievances and appeals, including allegation notices and decision letters, must be lodged with Records Governance in accordance with the Information Management Policy.

Section 6 - Appendix