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NUI Galway Student Complaints Procedure

Introduction Tá Leagan Gaeilge Anseo
Scope
Principles
3.1 Confidentiality
3.2 Victimisation
3.3 Vexatious or Mischievous Complaints
3.4 Anonymous Complaints
3.5 Group Action
3.6 Timescale for making a complaint
3.7 Documentation
3.8 Conflict of Interest
Advice, Support, Representation and Guidance
Complaints and Appeals Boards
Monitoring Evaluation and Review
Procedure

7.1 Informal Procedure

7.2 Formal Procedure
7.2.1 Making a complaint
7.2.2 Initial Assessment of Complaint
7.2.3 Investigation and Resolution of a Complaint
7.2.4 Appealing the Outcome

Appendix 1: Student Complaint Form

1. Introduction

NUI Galway is committed to ensuring that students have a positive student experience. The University constantly monitors and evaluates its academic courses, administrative systems and student support services with a view to improving their quality.

The purpose of the Student Complaints Procedure is to enable the University in a clear, simple and fair manner to resolve, in a timely fashion, any legitimate complaints which students may have in relation to the provision of courses and services to them.

Many formal and informal mechanisms exist within the University and in order to ensure that complaints are dealt with in an appropriate way students are urged to use the existing mechanisms available to them and where possible to resolve the matter in an informal way. However the University recognises that this may not always be possible or may not result in a satisfactory outcome.

2. Scope

The procedure outlined below is open to all registered students of the University. Additionally, any person who was a registered student but who has graduated or otherwise left the University may also avail of the procedure providing that any such complaint is made within three months of the individual leaving the University and that the acts or omissions being complained of occurred whilst they were a registered student.

This procedure can only be invoked by the aggrieved student and not by someone acting on his/her behalf; this does not preclude the student obtaining advice and/or support in the preparation of their complaint. See section 4.

This procedure does not apply to complaints raised by students enrolled with another institution on a programme leading to an award of, or validated by, NUI Galway, where the matters complained of occurred at or were the responsibility of the other institution.

This procedure is not applicable to complaints about issues over which the University has no control.

This policy and its associated procedures are not intended to replace other complaint or dispute resolution mechanisms which exist within the University. In the event that a complaint is made about a service which has such a procedure Students will be advised of such by the Vice President for the Student Experience and obliged to utilise these procedures before invoking a formal complaint under this procedure. In particular the following types of complaint are outside the scope of this procedure:

Complaints relating to a student’s examination results are covered by the Procedures for Appeal of Examination Results. [1]
Complaints relating to bullying, harassment or discrimination will be dealt with under the existing bullying, harassment, sexual harassment and equal opportunity policies and procedures in place for students. [2]
Complaints regarding the processes or outcomes of the application of the Student Code of Conduct [3] which includes arrangements for appeals against those processes and outcomes.
Complaints which would normally be dealt with through the Student disciplinary procedures, in particular, a student who is aggrieved about the behaviour of a fellow student may refer the matter to the Disciplinary Officer under the Student Code of Conduct [4].
Complaints regarding the release or withholding of information under the Data Protection [5] or Freedom of Information Acts. [6]

Allegations of a criminal nature will be referred to the Gardai but students will be supported, encouraged and facilitated to bring such complaints by the University where the complaint is in the context of University business.

3. Principles

The procedures contained herein will be operated in accordance with the following principles.

3.1 Confidentiality

All complaints will be handled sensitively and with due consideration to confidentiality for both students and staff.

Complaints will remain confidential to those directly involved in the investigation of and response to the complaint. Any person named in a complaint (respondent) will be informed of the substance of the complaint and the identity of the complainant. The respondent will have a right of reply as part of the investigation. Only in very exceptional circumstances will the identity of the person making the complaint be concealed from the person against whom the complaint is made.

All staff and students who become aware of any of the issues involved in a formal complaint are required to keep this information confidential except insofar as is necessary to progress, investigate or respond to the complaint. Failure to do so may result in formal disciplinary action being taken through the Student [7] or Staff Disciplinary Procedure [8].

Data collected as part of a complaint will be treated in accordance with the Data Protection Act and relevant University policies.

3.2 Victimisation

No student bringing a complaint in good faith under this procedure, whether successful or otherwise, will be treated less favourably by any member of staff than if the complaint had not been brought. If evidence to the contrary is found in this regard then the member of staff may be subject to disciplinary proceedings under the Staff Disciplinary Procedure [9].

3.3 Vexatious or Mischievous Complaints

Any complaint found to be vexatious or mischievous may be the subject of disciplinary proceedings under the Student Disciplinary Process. [10]

3.4 Anonymous Complaints

An investigation is required to enable the resolution of a complaint; where a complaint is made anonymously it will not be possible to undertake such an investigation. Neither will it be possible to make a response to the complainant. For practical reasons therefore, normally no action will be taken in the event of complaints made anonymously. There may, however, be exceptional circumstances where the University deems it appropriate to take action or investigate a matter on the basis of an anonymous complaint. The decision to investigate such a complaint will be made by the Vice President for the Student Experience, in consultation with the Registrar & Deputy President.

3.5 Group Action

Complaints may be raised individually or collectively where the matter is such that it affects a number of students.

3.6 Timescale for making a complaint

Students should raise complaints informally as soon as possible and normally within a few days of the problem arising. Making a complaint in a timely fashion will ensure that the circumstances of the complaint are reasonably clear in the minds of the complainant and respondent. This will greatly assist in the investigation and resolution of a complaint.

3.7 Documentation

Students must provide a written statement of complaint along with any supporting documentary evidence.

Documentary evidence will be kept during and after the procedure and will be destroyed in accordance with agreed University procedures.

3.8 Conflict of Interest

Throughout the Complaints Policy and the Complaints Procedure, reference is made from time to time to functions being undertaken by various post holders. Although it is intended that those post holders will undertake those functions in the majority of cases, there may be special circumstances, including a conflict of interest, requiring another post holder to undertake the functions assigned to the post holder referred to in the document.

4. Advice, Support, Representation and Guidance

Advice, support, representation and guidance are available from a number of sources within the University for the complainant. However, it is the complainant’s responsibility to seek advice and assistance where necessary. The following are key points of contact for help or advice:

The Students’ Union is an independent source of advice, support, guidance and representation for any student wishing to make a complaint.

The Office of the Vice President for the Student Experience can provide advice on the applicability and operation of the procedure.

Students may be accompanied throughout the procedure by a friend. [11] Staff who are the subject of a complaint may also be accompanied throughout the procedure by a friend. [12]

5. Complaints and Appeals Boards

All complaints raised by a student which have been deemed appropriate for resolution under the formal procedures outlined below at Section 7.2 will be dealt with by a Complaints Board.

Academic Council shall nominate for a period of four years a panel of 10 people, ensuring that amongst the membership of the panel there are sufficient members capable of conducting a case through the medium of the Irish language.

The Registrar & Deputy President shall make nominations from this panel to the Complaints Board and to the Appeal Board and these nominees will normally hold office for four years.

The Complaints Board shall be constituted as follows:

Chairperson, appointed by the President.
Two members selected from the Academic Council complaints panel as nominated by the Registrar & Deputy President.
One Students' Union Representative.

The Chairperson and two members will constitute a quorum.

The Appeals Board shall be constituted as follows:

Chairperson, appointed by the President.
Two members selected from the Academic Council complaints panel as nominated by the Registrar & Deputy President.
One Students' Union Representative
An external member of Údarás na hOllscoile, appointed by the President.

The Chairperson and two members will constitute a quorum.

In the event that the Chairman of either the Complaints Board or the Appeals Board is not capable of conducting a case through the medium of the Irish Language, the President shall appoint a Chairman for the purposes of hearing a specific case through the medium of Irish. If the Chairman of the Complaints Board or the Appeal Board is found to be implicated in any aspect of the case under review, a Chairman shall be nominated ad hoc by the President from among the members of the Academic Council.

In the event that an Academic Council nominee of either the Complaints Board or the Appeals Board is not capable of conducting a case through the medium of the Irish Language, the Registrar & Deputy President shall appoint a member of the panel nominated by Academic Council for the purposes of hearing a specific case through the medium of Irish.

In the event that a Students' Union representative on either the Complaints Board or the Appeals Board is not capable of conducting a case through the medium of the Irish Language, the Students’ Union shall appoint a representative for the purposes of hearing a specific case through the medium of Irish.

No person who is a complainant(s) or defendant in a particular case shall be entitled to act as a member of any of the bodies dealing with that case. In such cases the Students' Union or the Registrar & Deputy President will nominate a replacement from the Student Union or the panel nominated by the Academic Council as appropriate.

Membership of the Complaints Board and the Appeals Board shall be mutually exclusive. Nominated or appointed members of the Complaints Board and Appeals Board, other than the members nominated by the Students' Union, shall hold office for four years or for the remainder of the term of the panel in the event that someone is appointed to the panel as a replacement.

Members nominated by the Students' Union shall normally hold office for one year, but such members shall not be precluded from reappointment.

6. Monitoring Evaluation and Review

Responsibility for the management and operation of the Student Complaints Procedure resides with the Vice President for the Student Experience. The Vice President for the Student Experience will oversee the tracking of complaints through the procedure and will ensure that a record of the nature of the complaint, the time taken to deal with it and the outcome will be maintained. This information will be utilised by the University and in particular by the Director of Quality to improve the quality of the services and facilities provided to students.

This policy and procedure will be subject to review on a regular basis and updated in the light of experience.

7. Procedure

7.1 Informal Procedure

Students with a complaint should, in the first instance, wherever possible and appropriate seek an informal resolution by raising the complaint directly with the relevant member of staff, Head of School and if necessary the Dean of College, or as appropriate the head of the appropriate facility or service in order that, wherever possible, it can be resolved immediately. Advice on how to proceed can be sought from the Students' Union or the Vice President for the Student Experience.

Should an informal approach prove to be inappropriate or ineffective then the student may invoke the formal procedure detailed below.

7.2 Formal Procedure

7.2.1 Making a complaint

All formal complaints must be made by completing the Student Complaint Form (attached as Appendix 1) which must be sent to the Vice President for the Student Experience. The student must provide on the form all relevant details of the complaint including the name of the individual or service about which the complaint is being made, dates, times, witnesses and circumstances of the event(s) being complained of and should also describe any previous attempts at resolution. Finally, the student may wish to suggest what reasonable steps he/she thinks could be taken to resolve the complaint.

In order to ensure that complaints can be dealt with efficiently and expeditiously they should normally be made within one month of the relevant event and, in any case, no later than three months of leaving the University.

The Vice President for the Student Experience will issue a written acknowledgement of receipt of the complaint normally within 5 working days.

7.2.2 Initial Assessment of Complaint

A preliminary assessment of whether a complaint comes within the scope of this procedure will be undertaken by the Vice President for the Student Experience. Matters which might lead to the rejection of consideration of a complaint under the formal procedure include:

The grounds of the complaint are not matters related to the provision of a course of study or service of the University;
The matter is more appropriately dealt with by another procedure as detailed in Section 2 of this document.
The issue, about which the complaint has been made, has already been satisfactorily dealt with.

If the matter is appropriate for consideration by the University Complaints Board it will be referred there by the Vice President for the Student Experience.

The Vice President for the Student Experience will advise the complainant of the outcome of the initial assessment normally within 15 working days of receipt of the complaint. If an individual is dissatisfied with the decision of the Vice President for the Student Experience following his/her preliminary assessment the complainant may appeal to the Chairperson of the Complaints Board in writing setting out why the complaint should be allowed to proceed in accordance with this procedure. The Chairperson of the Complaints Board will consider the appeal and respond to the complainant within 15 working days outlining his/her decision and the rationale for same.

7.2.3 Investigation and Resolution of a Complaint

The Complaints Board will receive the complaint from the Vice President for the Student Experience and will conduct such investigations, including possibly meeting with the student and/or the respondent, and seek such further information as it requires and deems fit to determine a resolution to the matter being complained of. The respondent will receive a copy of the complaint and be given an opportunity to respond to the complaint.

A written recommendation on how the matter can be/has been resolved, the rationale for same and any consequent actions proposed will be sent to the complainant and the respondent and, if deemed appropriate by the Complaints Board, the Head of the Unit concerned. The Complaints Board will also copy its findings to the Vice President for the Student Experience.

The response will normally be issued within 40 working days of the complaint being received by the Board.

7.2.4 Appealing the Outcome

In the event that the complainant or respondent is dissatisfied with the response to the complaint they may appeal this decision to the Appeals Board, through the Secretary of the Appeals Board, in writing stating the grounds for the appeal. An appeal must be made within 30 days of the issuing of the finding of the Complaints Board. The Appeals Board may choose to meet with the student and/or the respondent and will conduct such investigations and seek such further information as it deems necessary to resolve the complaint.

A written recommendation on how the matter can be/has been resolved, the rationale for same and any consequent actions proposed will be sent to the complainant and the respondent and, if deemed appropriate by the Appeals Board, the Head of the Unit concerned. The Appeals Board will also copy its findings to the Vice President for the Student Experience.

The finding of the Appeals Board shall be final.

Appendix 1: Student Complaint Form

[1] See http://www.nuigalway.ie/exams/appeals.html

[2] See http://www.nuigalway.ie/equality/policies.html

[3] See http://www.nuigalway.ie/codeofconduct/

[4] See http://www.nuigalway.ie/codeofconduct/

[5] See http://www.dataprotection.ie/docs/Home/4.htm

[6] See What are my rights of Appeal? — FOI

[7] See http://www.nuigalway.ie/codeofconduct/

[8] See Policies & Procedures: Conduct, NUI Galway

[9] See Policies & Procedures: Conduct, NUI Galway

[10] See http://www.nuigalway.ie/codeofconduct/

[11] This may, for example, be a parent or guardian; a fellow student or other friend; a representative from the Students’ Union; or a legal representative, if so desired.

[12] This may, for example, be a University Colleague, Trade Union Representative or a legal representative if so desired.

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This page was last updated Friday, July 01, 2011