Complaints Procedure for Students

Approved by the Governing Body of the College, 2004

Heythrop aims to provide academically high quality programmes of study in an environment which will help students to achieve the aims of those programmes. The Student Handbook and your programme handbook are the main sources of information about what you should expect whilst studying at Heythrop. The College encourages students to comment on what is provided, and uses feedback to make improvements. Nevertheless, there may be times when a student has a legitimate complaint about what the College provides. This procedure explains what you can do if you believe that you have a complaint.

1. Principles

• Many complaints can best be resolved through direct informal discussion with the person most concerned. Normally, if you go directly to someone you believe is more senior, you will be asked what steps you have taken to resolve the problem with the person concerned. In most cases, no action will be taken unless you have tried the direct approach first. There are of course, some exceptions in the case of serious breaches of codes of behaviour, when urgent action may be needed.

• You can expect the College to deal with complaints seriously, fairly, within a reasonable timescale and, where appropriate, in confidence.

• Complaints must normally relate to what you have been led to expect, normally through the Student Handbook, Programme Handbook or other information provided. You cannot complain about the lack of a service which you were never led to expect, even if it is available in another College which you know about.

• If you are considering a complaint, you should also reflect on whether you have fulfilled your own responsibilities, both in terms of meeting academic commitments and through behaviour which shows consideration for others. If, for example, your problem has arisen partly through non-attendance, or failing to read information provided, it may be more difficult to sustain a complaint.

• As in most organisations, there may be times when services or learning opportunities are adversely affected by unforeseen circumstances outside the College’s control. When this happens, you are entitled to expect that steps will be taken promptly to solve the problem or make alternative arrangements. Complaints will not normally be upheld if they concern specific or short-term shortfalls in academic provision which otherwise accord with what students have been led to expect.

2. Scope of the complaints procedure

You can use this procedure to complain about an aspect of your academic programme or the services you use as a student. For example, this could concern:

• Misinformation about a programme of study;
• The academic standard of the programme;
• The quality of teaching or supervision you receive;
• A failing in the College’s services, either academic or administrative.

This procedure does NOT apply in the following cases:

• If you believe that you have been subjected to harassment or discrimination, either from a member of staff or from a fellow-students, there is a slightly different procedure, which is explained on page 6 below and also in a separate leaflet.

• If you are an MPhil or PhD student, a separate complaints procedure is published in the Code of Practice for Postgraduate Research Degrees.

• You cannot use this complaints procedure to challenge a decision about assessment. There is a separate procedure to appeal for a review of an assessment decision.

• The procedure does not apply to complaints against the Heythrop Student Union.

• If disciplinary procedures have already commenced on the basis of your own conduct, you cannot use the complaints procedure in relation to the same (or a closely related) matter whilst the disciplinary enquiry is happening. In some circumstances, if you still wish to do so, you may be able to make a complaint after the disciplinary process has ended.

The complaints procedure is for use by individual students. If a group of students share a concern about an aspect of the College’s academic provision, those issues should normally be raised in a routine meeting with the degree tutor, or students may request a meeting with the relevant programme convenor.

3. How to make a complaint

3.1 First Stage – mentioning your complaint or concern

You should first raise the matter with the person directly concerned – e.g. the tutor or other relevant member of staff. Sometimes it will be possible to resolve the problem quickly with the minimum of formality. The person involved may sometimes suggest a discussion also involving other staff or students.

If you feel unable to raise the matter with the person concerned, you can raise it with your degree or year tutor, who may suggest a way for you to deal with the matter. If your complaint concerns the degree tutor, you may, exceptionally, go straight to the second stage of this procedure (para 3.2 below).

You should keep an accurate note of the date and nature of any incidents which are the cause of the complaint. It is better to raise the complaint at the first stage promptly: Timely resolution of a complaint can be more difficult if you delay mentioning the problem until long after the event.

3.2 Second Stage – informal complaint

If the matter cannot be resolved at the first stage, you may refer it to the Dean of Undergraduate Studies, or the Dean of Postgraduate Studies, as appropriate in the case of a complaint which concerns a course, or a member of teaching staff. If the complaint is about a service, you should address it to the head of that service (e.g. the Librarian) or to the Vice Principal. If you are in doubt about who to approach, you can take advice from the Registrar, Annabel Clarkson. You should set out the substance of your complaint, briefly, in writing, with details of dates and locations of relevant incidents.

The Dean, head of the relevant service or Vice Principal will acknowledge your complaint, normally within a week. He or she has discretion to decide how the complaint is investigated and decided. This may involve a meeting with you, and meetings with other relevant staff or students (normally separately, but in some cases together). He or she will maintain an informal record of the complaint and of the way it has been considered and will notify you - normally in writing - of the decision taken, and the reasons for it. You can expect to know the outcome of your complaint within 15 working days.

3.3 Stage 3: Formal complaint

If the matter cannot be resolved through these informal stages, you can make a formal complaint. You should present your complain in writing, to the Secretary and Registrar of the College. A form is available from the Registry, and is intended to help you explain your complaint clearly.

The Registrar (or his or her nominee) will ask for written statements from the relevant individual, Dean, or Head of Service. If, on the basis of the formal complaint and the written statements, the Registrar concludes that the complaint is trivial, vexatious, or wholly lacking in merit or substance; or that it is outside the scope of the complaints procedure; or that it has been fully considered at the informal stages; the Registrar may advise the Principal that the complaint be dismissed. If this happens, you will be informed in writing of the outcome of your formal complaint, within 15 working days.

If the Registrar (or his or her nominee) concludes that there may be substance in the formal complaint, and that it merits further investigation, he or she may advise the Principal to convene a Complaints Panel. The members of the Complaints Panel will be independent of the programme or service to which the complaint relates.

Complaints Panel

The Complaints panel will consist of:

• A Chairman and second member appointed by the Principal from among members of the Academic Board approved by the Academic Board to serve in this capacity if required;

• The President of the Student Union or his or her representative.

The Complaints panel will receive your formal complaint, and copies of the further information gathered by the Registrar. As the complainant, you will have access to all the papers submitted to the panel.

The Complaints panel will decide how to consider the complaint. The panel will maintain confidentiality except insofar as it is necessary to divulge information in order to investigate or remedy the complaint. The panel has discretion to interview or request further information from you, as complainant, or from relevant members of staff or other students. If you are invited for interview by the panel or the chair of the panel, you have the right to be accompanied by a person of your choice, who may participate under direction of the chair of the panel, and may assist you, for example by reminding you of relevant points. If you wish to be accompanied at interview, you should notify the Registrar in advance of the meeting, stating the name of the person who will accompany you and his or her relationship to you. You may not be accompanied by a member of staff of the College.

If the Complaints Panel concludes that your complaint is without substance, or that is has already been fairly settled, the Panel will recommend to the Principal that the complaint be dismissed.

If the Complaints Panel concludes that there is substance in the complaint, and that it has not yet been satisfactorily resolved, the panel may either

i. Seek to resolve the complaint, in discussion with the relevant Dean or Head of Service;

ii. Send a report on the material facts to the Principal of the College, which may include recommendations for action;

iii. Exceptionally, in a serious case, and by agreement with the complainant, appoint a person from among the external members of the Board of Governors, whose decision shall be binding on all concerned.

In cases where the Panel does not uphold a complaint, it may nevertheless recommend steps which the College should take, in the light of evidence received and considered.

Timescale

If your complaint reaches Stage 3, every effort will be made to reach a conclusion within 28 working days. Should this prove impossible, you will be advised in writing of the progress of consideration of your complain. You will be informed by letter of the outcome of the Panel’s hearing of the case and its recommendations.

4. Appeal against the decision of a Complaints Panel

There are two grounds for appeal against the decision of a Complaints Panel:

• material irregularity in the Panel’s handling of the complaint;
• that the decision was unreasonable or unfair.

If you wish to appeal, you must advise the Registrar in writing of your intention to appeal, with a written summary of the ground for appeal, within seven days of receipt of the Panel’s decision. If the grounds cited fall within the two grounds on which an appeal is permitted, the Registrar will ask the Clerk to the Governing Body to convene an Appeal Panel, which will consist of a Chair (appointed by the Chair of the Governing Body after consultation with the Principal of the College) and two other members of the Governing Body external to the College.

The Appeal Panel will not re-hear the complaint itself, but will consider whether the complaints procedures have been appropriately and properly followed, and whether the decision reached by the Complaints Panel was reasonable and fair.

The Appeal Panel will receive a report from the Chair of the Complaints Panel. As the student making the appeal, you have the right to receive papers submitted to the Appeal Panel, to submit evidence, and to be present at any meeting of the panel.

The Appeal Panel will report in writing to the Chair of the Governing Body, whose decision is final on the part of the College. The decision will be notified in writing to you as the complainant and reported to the Governing Body.

5. The Visitor

[Paragraph applicable until the provisions in para 6 are implemented, during 2005)
The College has a Visitor, who is the Cardinal Archbishop of Westminster. The Visitor may consider a petition only if the College’s own complaints procedures have been exhausted. There is no prescribed format, but guidance is available on how to present a petition to the Visitor and how it will be considered. The Visitor’s role is to review the application by the College of its own internal procedures in dealing with a complaint. The Visitor will not normally intervene unless it can be shown that the College has failed to observe its own rules or procedures or that, although it has followed the proper procedures, it has reached a decision that no reasonable body could have arrived at. (See also the para below on the Office of the Independent Adjudicator).

6. The Office of the Independent Adjudicator

[Draft addition to the approved procedure]

It is expected that, from early in 2005, the provisions of the Higher Education Act 2004 will be fully implemented. On completion of the College’s internal Complaints Procedure, the College may issue a standard "Completion of Procedures" letter to the complainant. Within three months of completion of internal procedures, and provided that the complaint is within the remit of the new service, the complainant may then take the complaint to the Office of the Independent Adjudicator. It is expected that no complaint may be referred to the Visitor (para 5 above) after 1st January 2005.

7. Disciplinary Action

There will be no disciplinary or other adverse implications for a student who makes a complaint or allegation, providing the student acts in good faith, within the law, and not vexatiously or with malice, and in accordance with established procedures, including those described above. Victimisation of a complainant and deterring anyone from making a complaint are serious disciplinary offences.

8. Public interest disclosure ("Whistleblowing")

Complaints which are allegations of malpractice or concern some other matter which you believe you are unable to raise within the College may be made in accordance with a procedure under the Public Interest Disclosure Act 1999, which makes provision for independent investigation of alleged malpractice. Details of the procedure can be provided on request to the Secretary and Registrar.