Please note - Swinburne University of Technology

3. Behavioun or actions which give rise to a
grievance
3.1 A grievance arises when a student cannot obtain
redress through normal channels for what
helshe considers to be unfair or different
treatment. Such treatment may occur in course
assessment, or 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 griwance procedure exists to handle
cases relating to sexual harassment.
4. Resolving a griwance
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 WFE 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 Department.
4.3 Where a student has a complaint against a
member of staff who is also the Head of
Department, or in a case where the student
feels that to approach the Head of Department
is not appropriate, the student may take hislher
complaint to the Dean or Head of School. The
Dean or Head of School will carry out the role
otherwise assigned to the Head of Department,
in these grievance procedures.
4.4 The Head of Department will discuss the
complaint with the student and advise the
student where documentation describing the
griwance procedure is available.
4.5 If the student's preference is for internal
resolution of the complaint, the Head of
Department will take a written record of the
complaint on a pro forma griwance form.
It will contain:
a) the name of the complainant;
b) the name of the person(s) against whom the
complaint is made;
c) the date the complaint is made;
d) the date($ the behaviour resulting in the
grievance took place;
e) a brief description of the nature of the
complaint;
f) a summary of follow-up actions taken.
The complainant will read and sign the
grievance form as being a true record, after
making any appropriate alterations.
4.6 No written record shall be taken or any further
action initiated, if the complainant is not willing
to name the respondent or does not permit the
Head of Department to enter into a conciliation
process with the respondent.
4.7 In cases where complaints are made by a class
(two or more students) concerning academic or
teaching staff, the complainants will not be
named and the Head of Department may
proceed with conciliating and resolving the
complaint.
4.8 With the agreement of the complainant, the
Head of Department will then attempt to resolve
the griwance with the member of staff named
in the complaint through informal discussion
and conciliation.
5. Conciliation and resolution
5.1 The Head of Department will meet informally
with the respondent for the purposes of:
a) outlining the grievance and naming the
complainant (except as covered by Clause
4.7);
b) making a written record of the respondent's
reply to the complaint, which is signed and
considered a true record;
c) attempting to reach an agreement with the
respondent that is acceptable to the
complainant;
d) attempting to ensure that there are no
reprisals taken against a student who has
made a complaint in good faith;
e) outlining the requirements of State and
Federal Government anti-discrimination legislation
or Swinburne Council policy, where
relevant;
f) advising the respondent that another staff
member will be nominated to re-assess the
student's written work in complaints relating
to course assessment.
5.2 If the grievance is successfully resolved to the
satisfaction of the complainant the informal
procedure will cease at this point.
5.3 The written record of the informal complaint will
be retained for a period of twelve months in a
confidential file in the office of the Head of
Department.
6. Re-assessment of submitted work or
examination paper
6.1 If the complaint concerns assessment of written
work which includes assignments, reports or
exam papers, the Head of Department may after
discussing the complaint with the staff member
named as the respondent, nominate another
staff member to re-assess the student's work.
6.2 In the case where the respondent is also the
Head of Department, the Dean or Head of
School, acting as the student's contact person
may nominate a member of staff from another
discipline or a member of staff from the same
discipline in another institution to undertake a
re-assessment of the student's work.
7. Follow-up actions
7.1 The Head of Department will meet with the
student each semester for a period of twelve
months following successful resolution of the
complaint, to ensure that retaliatory actions were
not taken against the student by virtue of the
complaint.