1996 Swinburne Higher Education Handbook

School or Division concerned to
take what the Committee considers
to be appropriate action to rectify
the matter.
18.15 The student shall be informed in writing of
the decision of the Appeals Committee and
of any penalty imposed. Such written
advice shall be mailed to the student's
semester address shown in the University's
records, within five working days of the
Committee's decision being made. Copies
shall also be provided to the staff member,
the teaching and awarding Division
involved. .-
and other committee members as
appropriate within seven days of the
Committee's decision.
18.16 No further appeal against any decision of
the Appeals Committee is possible to any
officer of or body within the University.
Approved Academic Board 5 April and 17 May 1995.
Printed June 1995
General Grievance
Procedure
1. Policy
1.1 Swinburne Council adopted an Equal
Opportunity Policy in 1984. The policy
affirms commitment to the principles of
equal opportunity with regard to employees
of, and applicants for employment within
Swinburne, and to students admitted to, and
prospective students of Swinburne.
1.2 The policy and its successive amendments
stipulate that there shall be no
discrimination on the grounds of sex,
marital status, disability, race, religious or
political beliefs, age, sexual preference, or
being a parent, childless or a defacto spouse.
2. Definition of terms used in grievance
procedure
2.1 Grievance: a complaint presented by an
individual, or a group, based on the opinion
that they are, or have been, receiving
treatment that differs from the treatment
received by other individuals or groups.
2.2 Discrimination:
a) Direct Discrimination - any
decision or action which specifically
excludes a person or group of people
from a benefit or opportunity, or
significantly reduces their chances of
obtaining it, because a personal
characteristic irrelevant to the
situation is applied as a barrier.
b) Indirect Discrimination - attitudes
and assum~tions which are
incorporated into rules, policies and
practices, that appear to be neutral
or to treat everyone equally, but
may in fact disadvantage one group.
2.3 Status or Private Life: The Victorian Equal
Opportunity Act 1984 stipulates that no
person shall experience discrimination on
the grounds of that person's status or private
life. 'Status' refers to a person's sex, marital
status, race, impairment, being a parent,
childless or a defacto spouse. 'Private Life'
refers to the holding or not holding of any
lawful religious or lSolitica1 beliefs and
engaging or refusing to engage in any lawful
religious or political activities. The Act
applies to education and employment.
2.4 Complainant: person who lodges a
grievance.
2.5 Respondent: person who it is alleged
undertook the behaviour which resulted in
the grievance.
2.6 Grievance Procedure: a prescribed set of
actions to be followed when a grievance is
presented.
3. Behaviours or actions which give rise
to a grievance
3.1 A grievance arises when a student cannot
obtain redress through normal channels for
what he/she considers to be unfair or
different treatment. Such treatment may
occur in classroom behaviour and
interactions.
3.2 A grievance may include behaviour outlawed
by the Victorian Equal Opportunity Act, the
Federal Racial Discrimination Act or the
Federal Sex Discrimination Act, such as
discrimination on the basis of sex or marital
status, or racial harassment.
A separate grievance procedure exists to
handle cases relating to sexual harassment.
4. Resolving a grievance
Informal procedure
4.1 In the first instance, the student should discuss
the complaint where relevant, with the
lecturer (Higher Education Division), member
of teaching staff (TAFE Division) or member
of administrative staff in an attempt to resolve
the complaint.
4.2 If the grievance cannot be resolved in this way,
the student may then raise the matter with the
Head of School.
4.3 Where a student has a complaint against a
member of staff who is also the Head of
School, or in a case where the student feels that
to approach the Head of School is not