Academic Grievance Policy (Coursework and Honours Students)

Content

1. Purpose of Policy

2. Definitions

3. Application and Scope

4. Policy Principles

5. Framework for Resolving Academic Grievances

6. Stage 1 - Informal Resolution

7. Stage 2 - Formal Resolution by Faculty

8. Stage 3 - Dean of Students

9. Stage 4 - Appeal to Academic Review Committee

10. Stage 5 - Appeal to Council Committee of Appeal (Student Matters)

11. Roles and Responsibilities

Schedule 1:

Sample Faculty academic grievance resolution flowchart (pdf)

Schedule 2:

Sample Form: Appeal against Decision or Action affecting Academic Experience (pdf)

Schedule 3 :

Application of Policy to Offshore Campuses

1. Purpose of Policy

1.1 The University aims to provide a fair, equitable and productive learning environment for all its students. This policy seeks to support the achievement of this goal by providing a transparent and consistent process for resolving student academic grievances.

1.2 The policy affirms the following UOW Guiding Principles, contained in the University Strategic Plan.

2. Definitions

3. Application and Scope

3.1 This policy sets out the general approach of the University of Wollongong (UOW) in resolving grievances relating to decisions, acts or omissions of UOW staff or committees which affect the academic experience of students. This policy also sets out informal and formal procedures which students should follow in pursuing grievances regarding their academic experience.

3.2 In the case of students enrolled in a UOW program delivered at an offshore partner institution, the policy applies with the modifications set out in Schedule 3.

3.3 This policy does not cover any grievances by Higher Degree Research (HDR) students relating to their HDR Candidature, their HDR supervision or the examination of HDR theses. The policies covering such grievances include Academic Grievance Policy (Higher Degree Research (HDR)) Students, Code of Practice - Supervision, and Appeals Against Higher Degree Research (HDR) Thesis Examination Outcomes Policy.

4. Policy Principles

4.1 The following general principles underpin the UOW approach to the resolution of academic grievances:

a. UOW is committed to the early and informal resolution of grievances. Students should therefore attempt to resolve any grievances in an informal way with the person involved before initiating formal grievance resolution processes.

b. Parties involved in a grievance must participate in the grievance resolution process in good faith.

c. Grievance resolution processes should be applied fairly, flexibly and expeditiously.

d. All parties involved in a grievance should be treated with respect and impartiality.

e. The principles of natural justice should be observed. To this end the parties involved in a grievance have a right to a fair hearing and to have a decision made by an unbiased decision-maker.

f. The confidentiality of parties involved in a grievance should be respected at all times, subject to the need to fully investigate the matter and any legal requirements for disclosure.

4.2 Examples of the types of complaints that may be covered by Academic Grievance include:

a. failure to assess work in accordance with specified criteria;

b. bias by marker;

c. technical marking or collating error;

d. failure to manage requests for special consideration in accordance with the Special Consideration Policy;

e. failure of a research project supervisor to fulfil their responsibilities as defined in the Code of Practice - Honours;

f. failure to adhere to the requirements of the General Course Rules, including the rules governing the award of grades of performance, granting of awards "with Distinction", minimum rate of progress, advanced standing, amendments to academic records;

g. failure to adhere to the requirements of the Award Rules;

h. failure to adhere to mandatory requirements of a relevant Code of Practice (e.g. Teaching and Assessment, Honours, Practical Placements), including assessment or examination requirements;

i. failure to adhere to Faculty assessment or examination requirements;

j. failure to follow due process in handling student requests or complaints.

5. Stages of Resolving Academic Grievances

5.1 The five stages in the UOW academic grievance resolution process include:

a. Stage 1: Informal approach to person directly involved

b. Stage 2: Formal grievance resolution by Faculty

c. Stage 3: Referral to Dean of Students

d. Stage 4: Appeal to Academic Review Committee

e. Stage 5: Appeal to Council Committee of Appeal (Student Matters)

5.2 Students are encouraged to seek to resolve any issues or concerns informally under Stage 1 before initiating formal grievance resolution procedures under Stage 2.

5.3 At each step in the grievance process the person to whom the matter has been referred:

a. may exercise their discretion to extend the specific time limit for application or referral; and

b. must respond to the student as soon as practicable.

5.4 At all stages of resolving academic grievance, students may be accompanied and assisted by a support person at any relevant meeting.

6. Stage 1 - Informal Resolution

6.1 A student who has a question or concern about a decision, act or omission that affects their academic experience, should first approach the person(s) directly involved to discuss the matter. They may then seek advice informally from other appropriate persons in the Faculty (e.g. Subject or Program Coordinator). For example:

a. A student who wishes to obtain an explanation of a mark for assessable work should approach the marker as soon as possible after the distribution of the mark. If the matter remains unresolved, they may informally approach the Subject Coordinator to discuss the matter further.

b. A student who has a concern about a mark awarded by a marker external to the Faculty should discuss that concern with the Subject or Honours Coordinator (as appropriate).

c. An Honours student who has an issue or concern about their supervision should first discuss the matter with the supervisor. If the matter remains unresolved the student may then informally approach the Honours Coordinator.

d. A student who is unhappy with a decision regarding an application for special consideration should first approach the Subject Coordinator.

7. Stage 2 - Formal Resolution by Faculty

Developing and communicating Faculty procedures

7.1 Each Faculty must develop written procedures for resolving grievances covered by this policy, which:

a. comply with the procedural requirements in clauses 7.5 - 7.12; and

b. stipulate processes for receipt and acknowledgement of applications.

7.2 The Faculty grievance procedures, and the names and contact details of relevant staff, must be clearly communicated to students. (A sample flowchart that could be adapted and used for this purpose is attached as Schedule 1.)

Application of Faculty procedures

7.3 Where an issue or concern is not resolved informally under Stage 1, a student may lodge a written application with the relevant Faculty for the grievance to be formally resolved in accordance with that Faculty's grievance procedures.

7.4 A student who has an issue or concern about a mark awarded for an assessment task or a final mark or grade may only lodge a formal grievance application under clause 7.3 on one or more of the following grounds:

a. failure to adhere to University or Faculty assessment or examination requirements;

b. failure to assess work in accordance with specified criteria;

c. bias by marker; or

d. technical marking or collating error.

Procedural requirements

7.5 Students may lodge a formal grievance application, in writing, to a person (or committee) specified by the Faculty (e.g. Head of School, Program Administrator, Sub Dean, Associate Dean, Dean).

7.6 The application must:

a. be lodged by the student within ten working days of the decision, act or omission giving rise to the grievance or, where the grievance relates to a mark received for an assessment task or a final result or grade awarded for a subject, within ten (10) working days of the distribution of the mark or release of the final grade;

b. include the student's name, identification number and contact details; and

c. state the nature of the grievance, specific issues to be addressed and the form of resolution sought.

7.7 Faculties may allow a student who is not satisfied with a decision made by the person (or committee) specified under clause 7.5 to refer their grievance, in writing, to a second person (or committee) specified by the Faculty within ten (10) working days of receiving a response from the first specified person (or committee).

7.8 If a person specified in clauses 7.5 - 7.7 has been involved in the grievance process at an earlier stage, there is a conflict of interest and the matter will be referred directly to the next designated person in the grievance resolution process.

7.9 The last person in the Faculty to deal with a formal grievance under the Faculty procedures must inform the student in writing of the right to refer the matter to the Dean of Students.

7.10 The student's grievance and the response of each of the people to whom the grievance has been referred must be clearly documented. (A sample form that can be used by Faculties to document the progress of a grievance is attached as Schedule 2).

7.11 Faculties must keep a copy of all documentation relating to the grievance in accordance with the UOW Records Management Policy.

8. Stage 3 - Dean of Students

Referral to Dean of Students

8.1 Where a matter remains unresolved after a student has followed the grievance resolution process of the relevant Faculty, the student may refer the matter, in writing, to the Dean of Students within ten (10) working days of receiving a response from the last person involved at Stage 2 of the process.

8.2 The Faculty must, upon request, provide the Dean of Students with a copy of all documentation regarding the grievance.

Possible outcomes

8.3 After examining the relevant documentation and speaking to the student and other relevant parties where appropriate, the Dean of Students may:

a. refuse to take the matter further if there are insufficient grounds for the grievance;

b. conciliate the matter in accordance with clauses 8.4 and 8.5; or

c. decide whether there has been a failure by the Faculty to observe due process and take appropriate action in accordance with clause 8.6 and 8.7.

Conciliation

8.4 The Dean of Students may clarify the issues with the student and suggest possible directions for resolution of the grievance.

8.5 The Dean of Students may, with the student's consent:

a. refer the student to another person, or student representative body, who can provide relevant advice or assistance with the aim of resolving the grievance; and/or

b. facilitate negotiation of the grievance between the parties.

Decision regarding due process

8.6 Where the Dean of Students decides that due process has not been followed by the Faculty, he/she may:

a. conciliate the matter in accordance with clauses 8.4 and 8.5;

b. refer the matter, in writing, back to the Faculty for reconsideration of the matter in accordance with due process; or

c. make a decision to resolve the matter.

8.7 Where the Dean of Students makes a decision under clause 8.6(c), he/she must notify the relevant Dean and the last person in the Faculty to deal with the grievance, in writing, of that decision as soon as practicable.

Student to be notified

8.8 The Dean of Students must notify the student, in writing, of his/her decision regarding the matter and of the student's right to appeal to the Academic Review Committee if they believe that there are grounds for appeal as specified in clause 9.1.

9. Stage 4 - Appeal to Academic Review Committee

Lodging an appeal

9.1 A student who has exhausted all of the grievance resolution processes in Stages 2 and 3 may appeal to the Academic Review Committee on the ground that:

a. due process has not been adhered to at either of these stages; or

b. relevant new or additional information is now available.

9.2 An appeal under clause 9.1 must:

a. be lodged, in writing, with the Deputy Vice-Chancellor (Academic and International) within ten (10) working days of receiving written notification of the decision of the Dean of Students;

b. state fully the reasons for the appeal; and

c. include any relevant documentary evidence to support the appeal.

Referral of matter

9.3 Where the Deputy Vice-Chancellor (Academic and International) is satisfied that the appeal is based on the ground of lack of due process, he/she will refer the matter to the Chair of the Academic Review Committee.

9.4 Where the Deputy Vice-Chancellor (Academic and International) is satisfied that the student has presented relevant new or additional information that was not available to the Faculty or Dean of Students under Stages 2 or 3, he/she will refer the matter back to the Faculty or Dean of Students (as appropriate) for reconsideration.

9.5 Where the Deputy Vice-Chancellor (Academic and International) is not satisfied that the appeal is based on the ground of lack of due process or that relevant new or additional information has been presented by the student, he/she will refuse to refer the matter to the Chair of the Academic Review Committee. The student must be notified, in writing, of such a decision as soon as practicable.

Academic Review Committee procedures

9.6 The membership of the Academic Review Committee is set out in its terms of reference. In its review of a case the Committee shall:

a. give the student concerned an opportunity to be heard and advise him/her of Committee procedures and time requirements;

b. invite any staff member or student, whom it considers may assist the review, to attend the meeting and advise such persons of Committee procedures and time requirements;

c. provide both the student and the Dean of the Faculty or the Dean of Students (as appropriate) with copies of all papers circulated to the Committee;

d. permit the student to nominate staff or students to be invited to appear in support of his/her case;

e. allow the student to be accompanied by a person who may lend support but who shall not be permitted to address the Committee;

f. hold all its proceedings in camera and keep an adequate record of the evidence and its decision.

Outcome of appeal

9.7 Where the Committee decides that due process has not been adhered to it may:

a. refer the matter back to the Faculty or Dean of Students (as appropriate) for reconsideration of the matter in accordance with due process; or

b. in exceptional circumstances, set up an independent process of review.

9.8 Where the matter is referred back to the Faculty or Dean of Students, the Faculty or Dean of Students must report back to the Chair of the Committee within a designated time limit.

9.9 The Committee must notify the student, the Dean of the Faculty and the Dean of Students of the outcome of the appeal within ten (10) working days of the meeting. Where the appeal was unsuccessful, the student must also be informed of their right to apply to the Vice-Principal (Administration) to appeal to the Council Committee of Appeal.

10. Stage 5 - Appeal to Council Committee of Appeal (Student Matters)

Lodging and referral of appeal

10.1 A student who claims lack of due process in the proceedings of the Academic Review Committee may lodge an appeal, in writing, to the Vice-Principal (Administration) within ten (10) working days of notification of the Committee's decision.

10.2 If the Vice-Principal (Administration) is satisfied that the appeal is based on grounds of lack of due process, he/she shall refer it to the Council Committee of Appeal (Student Matters).

Council Committee of Appeal (Student Matters)

10.3 The membership and powers of the Council Committee of Appeal (Student Matters) are set out in its terms of reference.

External Appeals

10.4 A student who is dissatisfied with the outcome or conduct of an appeal within the University may appeal to an external agency. Students have the right to make a complaint to the NSW Ombudsman when there is evidence of maladministration or misconduct by the University of Wollongong.

11. Roles and Responsibilities

11.1 All persons involved in investigations of academic grievance have a responsibility to conduct themselves in accordance with this Policy and its procedures.

11.2 The University has a responsibility to:

a. ensure that this Policy and its procedures are accessible and communicated to all staff and students;

b. ensure that this Policy and its procedures are implemented and applied consistently across all faculties and academic units;

c. promote best practice in resolving academic grievance; and

d. ensure that the process for resolving academic grievances allows for:

(i) timeliness of response;

(ii) fairness of consideration;

(iii) respect for privacy; and

(iv) keeping all parties informed of their rights and responsibilities in relation to academic grievances.

11.3 Students have a responsibility to conduct themselves in accordance with the Code of Practice – Students and follow the requirements of this Policy and other policies.

11.4 Faculties have a responsibility to develop written procedures for resolving grievances covered by this Policy which:

a. comply with the procedural requirements in clauses 7.5 to 7.12, and

b. stipulate processes for receipt and acknowledgment of applications.

Schedule 1

Sample Faculty academic grievance resolution flowchart

Schedule 2

Sample Form: Appeal against Decision or Action affecting Academic Experience

Schedule 3

Application of Policy to offshore campuses

1. Definition of “offshore partner institution”

Offshore partner institution - an overseas institution (other than the University of Wollongong Dubai - UOWD) with which UOW has an agreement for the delivery of UOW courses at or in conjunction with that institution.

2. Application

2.1 Where a student is enrolled in a UOW program delivered offshore at a partner institution, the Student Academic Grievance Policy (Coursework and Honours Students) (“this Policy”) applies with the modifications to Stages 4 and 5 of the procedures as set out in clauses 3 to 5 of this Schedule.

2.2 Where a student is enrolled in a WUC program delivered offshore, this Policy applies with the modifications to procedures as set out in clause 5.2 and 5.3 of this Schedule.

2.3 Academic grievances by students enrolled in programs delivered at UOWD are dealt with in accordance with the UOWD Student Academic Grievance Policy.

3. Academic Review Committee

The Academic Review Committee will comprise:

a. a Pro Vice-Chancellor or Chair of Academic Senate or nominee as Chair;
b. a senior member of staff of UOW appointed by the Chair; and
c. a student appointed by the Vice-Chancellor.

4. Council Committee of Appeal (Student Matters)

Council will determine the size and membership of the Council Committee of Appeal (Student Matters) in each individual case.

5. Procedural Matters

5.1 An appeal by a student to the Academic Review Committee or Council Committee of Appeal (Student Matters) must be lodged in accordance with section 9 or 10 respectively with either:

a. the Academic Registrar (or equivalent) of the offshore partner institution;

b. the Deputy Vice-Chancellor (Academic and International), for appeals to the Academic Review Committee; or

c. the Vice-Principal (Administration), for appeals to the Council Committee of Appeal (Student Matters).

An appeal lodged with the Academic Registrar (or equivalent) of the offshore partner institution must be referred to the Deputy Vice-Chancellor (Academic and International) or Vice-Principal (Administration) as appropriate.

5.2 The time limit for a student to:

a. lodge a formal grievance application under section 7.6(a);

b. refer a matter to the Dean of Students under section 8.1; or

c. lodge an appeal to the Deputy Vice-Chancellor (Academic and International) under section 9.2,

is twenty (20) working days.

5.3 An appeal meeting (at Stages 4 to 5) may be conducted by tele- or video-conference. In such a case, a member of staff of UOW, WUC or the offshore partner institution may be present to assist the student at the offshore partner institution. This does not preclude the right of the student to nominate their own support person in accordance with section 9.6(e) of this Policy.

Last Updated: January 29, 2008