Overseas Student Grievance Policy
Policy Group(s): Group B: Academic - Students
Commencement Date: January 2005
Review Date: January 2007
Policy Statement
Intent:
In accordance with its foundation on Christian principles, Christian Heritage College is concerned to maintain the highest levels of student confidence in the quality and integrity of CHC's courses and administrative practices.
Because people are important, people's grievances are especially important. Students are entitled to justice in all their interactions with CHC. In addition, unresolved grievances prevent students from gaining the full benefit from the course in their learning and growth.
Scope:
Restrictions: All overseas students undertaking a course of study at CHC. Restrictions apply as per the National Code 2007. Exclusions: Domestic Students
Objectives:
To provide clear guidelines concerning the pathway for processing types of grievances for overseas students.
To provide clear guidelines for processing grievances.
To maintain compliance with any relevant legislation, regulations, guidelines or codes.
Policy Provisions
1. General
2.1 Two separate grievance procedures exist for overseas students: one for academic matters, and a second for non-academic matters of institutional procedures and practice.
2.2 The procedure for academic-related grievances provides for complaints on issues such as recognition of prior learning, student assessment and academic grades and other course-related matters.
2.3 The procedure for non-academic grievances provides a mechanism for addressing overseas student grievances on administrative matters such as applications to enrol, institutional practices, financial issues, resources, marketing, physical access for students with disabilities to facilities and services, and other issues covered by Christian Heritage College’s Code of Practice.
2.4 An overseas student has 20 working days from the receipt of a decision to access the CHC Overseas Student Grievances policy.
2.5 An overseas student is deemed to have accessed the policy whenever contact is made with a staff member concerning a decision with which they are aggrieved.
2.6 Whenever an overseas student accesses the policy, the staff member is to inform the Registrar.
2.7 The process will commence within 10 working days of the student accessing the policy.
2.8 CHC will not victimise or discriminate against any complainant or respondent.
2.9 The complainant and/or the respondent are permitted to be accompanied and assisted by a third party of their choosing at any stage throughout the process.
2.10 CHC will retain confidential records relating to grievances for at least five years, and allow parties to the complaint appropriate access to these records.
2.11 Whilst student’s enrolment will be maintained throughout the internal review process, Christian Heritage College may exclude a student from scheduled classes.
2.12 At each stage in this grievance procedure, CHC will provide reasons and full explanation in writing for decisions and actions taken as part of the procedure if requested by the complainant and/or the respondent.
2.13 If an external review process is accessed and the outcome has serious consequences for a student’s visa, Christian Heritage College will maintain the student’s enrolment until the conclusion of the external review process. Please refer to the Christian Heritage College Code of Conduct and the Suspension of Enrolment for Overseas Students and Cancellation of Enrolment for Overseas Students policies.
2.14 Prospective students have access to this policy prior to paying CHC any monies or entering into any contract with CHC. It is available in the Christian Heritage College Overseas Student Handbook, on the CHC website and in the Written Agreement. During the orientation program the Overseas Student Contact Officer and/or the Overseas Student Liaison Officer will ensure the overseas student understands the policy.
2. Academic-Related Grievances
2.1 The resolution of academic-related grievances at CHC involves a three-stage process;
• Informal Process;
• Formal Internal Process;
• External Process.
2.2 Stage 1 – Informal Process
2.2.1 If an overseas student considers that an error has been made or an injustice exists in relation to academic decision, he/she has 20 working days from the receipt of a decision to discuss his/her concerns with the academic staff member responsible for the decision.
2.2.2 The academic staff member has 10 working days to convene a meeting with the overseas student to allow both parties to discuss their point of view and attempt resolution.
2.2.3 Should the overseas student not be satisfied with the outcome of any such discussion, he/she may apply for a formal review of the decision concerned.
2.3 Stage 2 – Formal Internal Process
2.3.1 To initiate a formal internal process an overseas student should submit an application in writing to the relevant school Board of Studies through the Course Coordinator within 14 days of the receipt of the decision. The application should include all necessary information and documentation, and should state clearly the specific grounds upon which the request for a review of the decision is based.
2.3.2 Upon receipt of an application for a review, the relevant Board of Studies will convene a review panel to which both the overseas student and the academic staff member concerned may make such written and/or oral submissions as they consider appropriate. The review panel will meet within 6 weeks and its decision will be communicated to the student in writing within a further 2 weeks.
2.3.3 Should the overseas student not be satisfied with the outcome of the review panel’s decision, he/ she may appeal to the Academic Board within 14 days for further investigation of the grievance.
2.3.4 The Academic Board will nominate an independent and impartial senior officer(s) to investigate the grievance and the overseas student will be invited to make further written and/or oral representation to the review officer(s).
2.3.5 The result of the investigation will be communicated to the overseas student in writing within 6 weeks of the receipt of the appeal unless a further extension of time is mutually agreed.
2.3.6 If the expiration date of the overseas student’s visa falls within the 6 weeks, CHC undertakes to expedite the process to facilitate a resolution within the timeframe of the visa.
2.3.7 Where a student continues to be aggrieved with the outcome of the formal internal process he/she may apply for a formal external review.
2.4 Stage 3 – External Process
2.4.1 To initiate a formal external process an overseas student should submit an application in writing to the Principal.
2.4.2 The Principal will make arrangements for independent mediation to resolve the dispute. Independent mediation is available through the Dispute Resolution Branch, Department of Justice and Attorney-General. Contact details are: Tel: +61 7 3239 6269; Fax: +61 7 3239 6284. At present there is no fee for the use of this service, but this may change.
2.4.3 Where the grievance cannot be resolved by these means, the student will be advised of the appropriate legal body from which he/she can seek further assistance or advice.
3. Non-Academic Related Grievances
3.1 The resolution of non-academic related grievances at CHC involves a three-stage process;
• Informal Process;
• Formal Internal Process;
• External Process.
3.2 Stage 1 – Informal Process
3.2.1 If an overseas student considers that an error has been made or an injustice exists in relation to a non-academic related decision, he/she has 20 working days from the receipt of a decision to discuss his/her concerns with the staff member responsible for the decision.
3.2.2 The staff member has 10 working days to convene a meeting with the overseas student to allow both parties to discuss their point of view and attempt resolution.
3.2.3 Should the overseas student not be satisfied with the outcome of any such discussion, he/she may apply for a formal review of the decision concerned.
3.3 Stage 2 – Formal Internal Process
3.3.1 To initiate a formal internal process an overseas student should submit an application in writing to the Business Manager within 14 days of the receipt of the decision. The application should include all necessary information and documentation, and should state clearly the specific grounds upon which the request for a review of the decision is based.
3.3.2 Upon receipt of an application for a review, the Business Manager will convene a review panel to which both the overseas student and the staff member concerned may make such written and/or oral submissions as they consider appropriate. The review panel will meet within 20 working days and its decision will be communicated to the student in writing within a further 10 working days.
3.3.3 Should the overseas student not be satisfied with the outcome of the review panel’s decision, he/ she may appeal to the Committee of Management within 10 working days for further investigation of the grievance.
3.3.4 The Committee of Management will nominate an independent and impartial senior officer(s) to investigate the grievance and the overseas student will be invited to make further written and/or oral representation to the review officer(s).
3.3.5 The result of the investigation will be communicated to the overseas student in writing within 6 weeks of the receipt of the appeal unless a further extension of time is mutually agreed.
3.3.6 If the expiration date of the overseas student’s visa falls within the 6 weeks, CHC undertakes to expedite the process to facilitate a resolution within the timeframe of the visa.
3.3.7 Where a student continues to be aggrieved with the outcome of the formal internal process he/she may apply for a formal external review.
3.4 Stage 3 – External Process
3.4.1 To initiate a formal external process an overseas student should submit an application in writing to the Principal.
3.4.2 The Principal will make arrangements for independent mediation to resolve the dispute. Independent mediation is available through the Dispute Resolution Branch, Department of Justice and Attorney-General. Contact details are: Tel: +61 7 3239 6269; Fax: +61 7 3239 6284. At present there is no fee for the use of this service, but this may change.
3.4.3 Where the grievance cannot be resolved by these means, the student will be advised of the appropriate legal body from which he/she can seek further assistance or advice.
4. Further Avenues of Appeal
4.1 This policy does not negate the right of any overseas student to take action under Australia’s consumer protection laws in the case of financial dispute, or to pursue other legal remedies.
4.2 If an overseas student is concerned about the actions of CHC he/she may approach either the State Authority for CRICOS Registration. In Queensland the State Authority is the Department of Education, Training and the Arts (DETA). The Director-General of the DETA has the power to suspend or cancel CHC’s institutional registration or any course registration if a breach of the requirements of registration provision is proved. Concerns about the conduct of CHC should be addressed to The Senior Education Officer, Office of Non-State Education, Queensland Department of Education, Training and the Arts, PO Box 15033, City East, QLD, 4002. All complaints must be in writing.
4.3 Alternatively a student may contact the Department of Education, Science and Training (DEST) through the Education Services for Overseas Students (ESOS) mailbox (esosmailbox@dest.gov.au) or through the ESOS Helpline on 02 6240 5069. DEST will only intervene where CHC’s review process was not conducted correctly or where review process was not made available to the student. DEST will not be looking at whether the outcome of a properly conducted appeal process was right or wrong.
