Student Complaints Resolution Procedure

1. Purpose

1.1. This procedure states the process for managing, resolving, and reporting complaints by students or prospective students about decisions or actions taken at Adelaide University.

1.2. This procedure is to be read in conjunction with the Student Complaints Policy.

2. Scope

2.1. This procedure applies to current and prospective students, both domestic and international, who, through their interactions with Adelaide University (or a service provider of Adelaide University), have cause to raise a complaint.

2.2. This procedure does not apply to:

2.2.1. Disclosures or reports of sexual assault or sexual harassment, which are subject to provisions under Adelaide University’s Sexual Assault and Sexual Harassment (SASH) Policy¹. 

2.2.2. Requests for information, including under the Freedom of Information Act 1982 (FOI Act).

2.2.3. Outcomes of decision-making processes for which Adelaide University has specific review or appeal procedures related to that activity.

2.2.4. Matters under the jurisdiction of external regulators or bodies, for example, Commonwealth or State Ombudsman.

3. Procedure

3.1. All individuals involved in a complaint will treat the complaint details and information regarding any staff or students involved as confidential.

3.2. Adelaide University will not progress a complaint found to have arisen due to the student failing to read and act upon a notice or correspondence sent to their student, or other designated, email account or via other official Adelaide University student communications channels, having been given fair time and opportunity to do so.

3.3. When the nature of a complaint requires it to also be considered under another Adelaide University policy or procedure, the student’s complaint will be resolved under that procedure.

Informal resolution

3.4. Where appropriate a student, or prospective student, should attempt to informally resolve their complaint by raising it with the person responsible for the decision or action.  Informal resolutions can be raised in person, via phone or an audiovisual conferencing application, or an Adelaide University email address.

3.5. If the complaint is resolved to the satisfaction of the student and agreed actions have been implemented, no further action is required other than that the staff member ensures that the nature and outcome of resolution are recorded on the appropriate Adelaide University system.

Formal complaints

3.6. If the complaint is not resolved informally, the student may lodge a formal complaint within 20 business days of the date of the decision or event that led to the complaint, unless another policy or procedure stipulates specific timelines related to their particular complaint.

3.7. The student will provide a clear statement outlining all relevant facts about the complaint, any supporting documentation, and the outcome sought in writing.

3.8. An acknowledgement of receipt of the complaint will be sent to the student within 5 business days.

3.9. The complaint will be forwarded to a designated officer who will manage the complaint (Complaint Manager), and:

3.9.1. The student will be advised of contact details for their Complaint Manager and will be provided with an outline the process that will be followed and information regarding advocacy and support services available at Adelaide University, or externally, as appropriate.

3.9.2. The Respondent will be informed that the complaint has been received and advised of the process that will be followed.

3.10. Assessment of the complaint must start within 10 business days of receipt.

3.11. The Complaint Manager may seek confidential advice from other Adelaide University services or leadership.

3.12. The Complaint Manager will gather and assess information and documentation necessary to make a decision. They may consult with the student and respondent and may determine a formal investigation is required. 

3.13. If the Complaint Manager receives information that indicates misconduct by a staff member this will be considered under the relevant policy.

3.14. If a formal investigation is required:

3.14.1. An appropriate staff member or external investigator will be appointed to carry out the investigation.

3.14.2. The student will be given an option to meet with the investigator and will receive 5 business days’ notice of the meeting time and location via their student, or other designated, email account.

3.14.3. The student may bring a Support Person to an investigation meeting.

3.14.4. Investigation outcomes will be presented to the Complaint Manager for their consideration in making a final decision.

3.15. The Complaint Manager will aim to reach a decision within 10 business days of receiving the complaint or investigation report. A decision may take longer if an investigation is complicated, or the student and/or relevant staff are unable to meet with the investigator in this timeframe but will be resolved as soon as practicable. In such cases, the student will be informed of progress and expected timeframes for a decision via their student, or other designated, email account.

3.16. The student and the respondent will be informed regarding:

3.16.1. The decision outcome.

3.16.2. Actions to be taken as part of the complaint resolution and by whom.

3.16.3. Reasons for the outcome, including whether the complaint has been referred to another individual or body.

3.16.4. The student’s options for further review if they are not satisfied with the outcome (see 3.23, 3.24 and 3.25).

3.17. All decision-making documentation and the final decision will be recorded on the appropriate Adelaide University systems.

Withdrawing a complaint

3.18. A student may withdraw their complaint at any time.

3.19. An informal complaint may be withdrawn in writing and communicated to the staff member involved. 

3.20. A formal complaint may be withdrawn in writing to the Complaint Manager. The Complaint Manager will advise all parties of the complaint’s withdrawal.

3.21. The complaint and all relevant documentation will be recorded on the appropriate Adelaide University system.

Anonymous complaints

3.22. Adelaide University will accept anonymous complaints and will take reasonable steps to address them. Adelaide University’s ability to address or resolve the complaint may be limited by the inability to seek clarification from the student or to carry out a full investigation.

Reviewing a decision

3.23. A student who believes an incorrect decision has been made regarding their complaint because these procedures have not been followed, or because substantial new evidence is available, may request an internal review by responding to their decision outcome notice within 20 business days of the notice. Adelaide University will not consider requests made on the grounds that the student did not receive their preferred outcome.

3.24. As per the National Code of Practice for Providers of Education and Training to Overseas Students 2018 under the Education Services for Overseas Students Act 2000, where a student seeks external review of a final Adelaide University decision, they may access an external complaints handling and appeals process at minimal or no cost to them. Adelaide University will provide them with contact details of an appropriate body within 10 business days.

3.24.1. Will determine whether the complaint is substantiated, and any actions required within 20 business days of receiving the referral.

3.24.2. May meet with the student and other relevant parties to clarify complaint details. The student may bring a support person to such a meeting.

3.24.3. Will provide regular updates to all parties.

3.24.4. Within 10 business days of making a determination, will advise the student, in writing, of the review outcome, reasons for the outcome and the option for an external review.

3.25.  All decision-making documentation and the final review outcome will be recorded on the appropriate Adelaide University systems.

3.26. As per the National Code of Practice for Providers of Education and Training to Overseas Students 2018 under the Education Services for Overseas Students Act 2000, where a student seeks external review of a final Adelaide University decision, they may access an external complaints handling and appeals process at minimal or no cost to them. Adelaide University will provide them with contact details of an appropriate body within 10 business days of concluding the internal review.

3.27. Adelaide University will maintain an international student visa holder's Confirmation of Enrolment (CoE) while an internal complaint is ongoing, and in the case of preclusion, while the external complaint is ongoing, unless the overseas student's health or wellbeing or the wellbeing of others is likely to be at risk.

Reporting

3.28. Adelaide University will monitor formal complaints and act to address underlying causes and implement preventative measures.

4. Definitions

4.1 Confirmation of Enrolment (CoE) is an official document issued by Adelaide University to international students to confirm enrolment status as required by the Australian Government for student visa holders.

4.2 A Respondent is an individual responsible for the decisions that are the subject of the complaint.

4.3 Support Person means any individual who is not a legal practitioner and provides support and assistance to a student who is making a complaint.

Document authorities and history

Related documents

¹Forthcoming. Policy title may be subject to further refinement.