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University of Bradford
Complaints Procedure for Students
Table of Contents
1. Introduction and Context.......................................................................................................2
2. Definition................................................................................................................................3
3. Collaborative Partners...........................................................................................................5
4. General Principles.................................................................................................................5
5. Protocols................................................................................................................................6
6. The Complaints Procedure for Students................................................................................9
7. Outcomes of a Student Complaints Committee...................................................................14
8. Training and Awareness......................................................................................................15
9. Monitoring, Evaluation and Review.....................................................................................15
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UNIVERSITY OF BRADFORDComplaints Procedure for Students
Accessibility: This document can be made available in the following alternative formats: Braille, large print, disk and on coloured paper. Other formats can also be accommodated on request. Please contact Amanda Hughes, Complaints & Appeals Manager via email [email protected] or by telephone, 01274 233027, to request a copy in your chosen format.
These procedures have been developed in compliance with the Rules and Guidance issued by the Office of the Independent Adjudicator for Higher Education http://www.oiahe.org.uk/ and section 5 of the Code of Practice for the Assurance of Academic Quality and Standards in Higher Education: Academic Appeals and Student Complaints on Academic Matters – October 2007 http://www.qaa.ac.uk/academicinfrastructure/codeofpractice/.
The procedures have also been impact assessed http://www.brad.ac.uk/admin/equalopp/impact in line with University of Bradford regulation to eradicate any adverse impact that this policy may have on staff and students in the context of race, gender, disability, sexual orientation, age, gender identity, and religion and belief.
1. Introduction and Context
1.1 The University is committed to providing an environment that is conducive to study which will facilitate the achievement of a student’s target award. However it is recognised that occasionally, students may wish to raise concerns about aspects of their academic experience. The Complaints Procedure for Students is intended to enable students to bring matters of concern to the attention of the University, and to facilitate the investigation of those concerns with the aim of ensuring a satisfactory resolution. The Procedure covers all aspects of a student’s experience at Bradford for which the University is responsible.
The only exceptions are the following, for which separate procedures exist:
1.1.1 All academic matters relating to examination and assessment performance and outcomes are managed via the appeals process available to view at http://www.bradford.ac.uk/legal-and-governance/legal-team/appeals/.
1.1.2 Disciplinary issues are covered by the Regulations Governing Disciplinary Procedures for Students available to view at http://www.brad.ac.uk/admin/recruitment/calendar/regs/reg28.html and the Staff Disciplinary Procedure available to view at http://www.brad.ac.uk/human-resources/index.php.
1.1.3 Issues in relation to fitness to practice in a professional environment are covered by University of Bradford Fitness to Practice Procedures
1.1.4 University staff or students who wish to disclose alleged breaches of the Code of Practice for Ethics in Research should consult the Ethics in Research Complaints Procedure.
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1.1.5 Aspects of a case submitted under the Student Complaints Procedure may, in the view of the Complaints Manager, require consideration under another procedure. In such cases the Complaints Manager will refer the complaint, or aspects of the complaint, for consideration under the appropriate procedure.
Involvement in the Complaints Procedure can be a difficult and trying experience for many students and staff, regardless of whether they are bringing a complaint to the University’s attention or responding to one.
Support for Students: Students may seek support and assistance in preparing a Complaint from the Student Union Academic Affairs Manager, [email protected], or from the Student Advisors, [email protected], Specialist support is available for students who may be experiencing mental health difficulties from the Mental Health Advisor, [email protected]. Students who, for reasons of a disability, experience difficulty in accessing the complaints procedure should seek assistance from the Disability Office, http://www.bradford.ac.uk/disability, or from the Complaints & Appeals Manager who is able to ensure that the procedures are provided in an accessible format.
Support for Staff: Whilst this policy is designed to provide the means for students to air and resolve their issues effectively the University recognises the need for adequate support for those staff members involved in this process. Staff members who require guidance and/or support in relation to complaints may seek help from their Departmental/Divisional Head, Associate Dean, or one of the University’s personal harassment contact persons whose details are listed on University notice boards across campus or can be found at www.bradford.ac.uk/equality/networks.
1.2 Support is also available from the campus trade unions (for those who are members) the University Counselling Service and Human Resources. Feedback on this process is welcomed from both students and staff. If you would like to comment please email Amanda Hughes, Appeals & Complaints Manager at [email protected].
1.3 In the event that a student submits both a complaint and an appeal in relation to the same matter the investigation and response to the appeal will normally take precedence. In the event that the student finds the outcome of appeal investigation unsatisfactory the complaint will then be given due consideration using the appropriate University policy.
2. Definition
2.1 For the purposes of these procedures, a complaint is defined as a written expression of concern about the provision of a course or programme of study or a related aspect of service or a facility, which is provided to students enrolled on, or recently graduated, suspended or withdrawn from, programmes studied at University of Bradford campuses or at locations directly controlled by the University.
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Note: For the purposes of these regulations the University define the term “recently graduated from” to encompass those students who submit a complaint within one calendar year of graduation, suspension or withdrawal from a University of Bradford degree course. Notwithstanding, other than in exceptional and fully documented circumstances, a student who wishes to make a complaint should invoke the Informal Stage of the procedure within one calendar month of the incident which is the cause of the complaint.
Grounds for a complaint might include the following:
Dissatisfaction with standards of academic provision, for example, insufficient or badly maintained resources and facilities, arrangements for assessment, academic feedback, or information provided, or not provided, about a course.
Dissatisfaction with the quality or frequency of supervision or tuition.
Deficiencies in standards of service, for example, support facilities such as accommodation or central or School based administrative services.
Misinformation about an academic programme.
Dissatisfaction with the level and availability of pastoral support.
Other deficiencies in the quality of your learning experience.
The inappropriate behaviour of a member of staff.
2.2 The procedure does not allow for a compliant to be raised about an academic outcome or judgement, for example an examination or assessment result. All appeals against academic decisions are subject to the Regulations Governing an Appeal by Students against an Aspect of their Academic Assessment (word) (pdf).
2.3 For guidance in initiating a complaint in relation to harassment, bullying or discrimination, please see the Dignity and Respect Policy.
2.4 The procedure does not allow for complaints by one student against another. Such complaints are the subject of separate disciplinary regulations.
2.5 Students who require assistance preparing a written expression of dissatisfaction may seek help from Student Advisors [email protected], who are located within the Student’s Union, from the Disability Office from the Mental Health Advisor [email protected], dependent upon the particular area of assistance required.
3. Collaborative Partners
3.1 Students studying at partner institutions or organisations (including, where appropriate, placement provision) should follow the partner’s complaints procedure and will be supported in this by appropriate staff resource at partner institution.
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3.2 In the event that students studying at partner institutions are unable to gain support and assistance in the preparation of their case within their own organisation they will be provided with access to the Bradford based Student Advisors. They are also advised to contact the Complaints & Appeals Manager in the event that they unable to access the complaints procedures within the partner institution.
3.3 Partner Organisations must advise students of the outcome of the investigation into their complaint by means of a formal outcome letter. The outcome letter must be clear that students may seek a review of their case by contacting the Complaints & Appeals Manager, [email protected], if the matter cannot be resolved to the student’s satisfaction by the partner organisation.
3.4 Partner organisations are required to report to the Associate Dean Learning and Teaching of the home School within the University on an annual basis in November on the following:
The number of complaints by Bradford registered students dealt with on an annual basis.
The name and UB number of the complainant
The nature of each complaint
The outcome of the complaint
4. General Principles
4.1 It is important that students, prior to engaging with the Complaints Procedures, have a clear understanding of what the procedure is, what it entails and the outcomes it can and cannot deliver.
4.2 The procedure aims to be simple, clear and fair to all parties involved, with mediation and informal resolution an option at any point. Complaints will be handled sensitively, courteously and confidentially. All complaints will be dealt with as quickly as possible to avoid issues becoming protracted.
4.3 The principles of natural justice will be complied with, namely: the complaint will be dealt with in good faith and in an impartial and fair manner; no one will be the judge of an issue which concerns their own cause; persons investigating and/or hearing the complaint will be impartial; the detail of the complaint will be available to all parties in advance of any hearing; all parties will be given the opportunity to present their views in writing, and at any hearing that might be called; all parties will be informed of the outcome of the investigation and/or hearing and the reasons for any decisions made.
4.4 Any individual named in a complaint will be informed of the substance of the complaint and will have the right of reply as part of the process. Information contained within the complaint will be made available only to those members of staff
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involved in its resolution. The Dean of School and/or Director of Administrative Area will also be informed of the complaint, and of the outcome.
4.5 Where possible the University aims to resolve complaints quickly and at the local, School level. Other than in exceptional and fully documented circumstances, a student who wishes to make a complaint should invoke the Informal Stage of the procedure within one calendar month of the incident which is the cause of the complaint.
4.6 If a student does not feel they have received a satisfactory outcome through the informal channels, or if the complaint is deemed to be of a nature which makes informal solution unsuitable, the complainant is entitled to place a formal complaint in writing to the Complaints & Appeals Manager, as outlined in section 6.2 below, within two months of the incident which is cause of the complaint.
4.7 No student bringing a complaint under this procedure, whether successfully 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 the member of staff may be subject to proceedings under University policy.
4.8 In the event that it is not possible to resolve the complaint without prejudicing the proper conduct of any staff disciplinary proceedings which might ensue from the complaint, then the disciplinary proceedings will take precedence. Such decisions will be taken by the Deputy Vice-Chancellor and the Director of Human Resources. Notwithstanding, wherever possible the University will commence investigations into those parts of the complaint which do not relate to matters which might necessitate disciplinary proceedings against staff members.
4.9 The University will endeavour to address and resolve all complaints within three months of the formal procedure being initiated by the student. In certain complex cases this deadline may need to be extended. In such instances students will be kept informed of the progression of their case and the University will attempt to give an indication of when the matter will be resolved.
5. Protocols
5.1 Please note the rules which affect the use of the Complaints Procedure.
5.1.1 Anonymous Complaints
Complaints require investigation to enable resolution; where a complaint is made anonymously, it is unlikely to be possible to undertake such an investigation. For practical reasons therefore, normally no action will be taken in the event of a complaint made anonymously.
There may however, be exceptional circumstances in which the University deems it appropriate to take action or investigate a matter on the basis of a complaint that is made anonymously. If, in relation to a specific complaint, the University is of the view that because of its duty of care towards the student
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concerned their identity should be protected, then the University will do so insofar as is consistent with the proper conduct of investigation and the proper and equitable conduct of the complaint procedure.
5.1.2 Third Party Complaints
No investigation of a complaint made on behalf of a student will be undertaken without the student’s written agreement to the concerns raised and their written consent for an investigation to be carried out. This includes complaints made by the parent or spouse of the student concerned.
5.1.3 Complaints made by Students under the age of 18
If a complaint is made by a student under the age of 18, unless the student expressly requests otherwise, the University will notify the parents or guardians of the student in writing and will keep them informed of the progress of the complaint. Providing the student has agreed in writing beforehand, the University will permit the parents or guardians of the student to act on their behalf during the process.
5.1.4 Complaints to the Vice-Chancellor and Other Senior Members of Staff
In the event that a complaint is received by the Vice-Chancellor’s Office, or the Office of any Senior Manager, it will be referred to the Complaints & Appeals Manager who will ensure that it enters the procedure at the appropriate point. If no attempt has been made by the complainant to resolve the complaint locally using the informal procedure, the complainant will be advised to address the issues raised with the School of Academic Service Area concerned.
5.1.5 Harassing or ill-natured Complaints
The University reserves the right to invoke the Regulations Governing Disciplinary Procedures (Students) under the Student Code of Conduct in those cases where complaints appear to be of a harassing, vexatious or malicious nature. This is defined as one where it can be established that the complaint has been put forward so as to abuse the process of the Complaints Procedure or, for example, in an attempt to insult the name or character of another person.
5.1.6 Group Complaints
Where a complaint is brought by a group of students, one person should be prepared to identify her/himself as the spokesperson and correspondent for the purposes of the Formal Procedures. Each member of the group must be able to demonstrate that they have been personally affected by the matter which is the subject of the complaint. In addition, all complainants must agree in writing to the spokesperson acting on their behalf.
5.1.7 Complaints about approved University Procedures
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The Complaints Procedure may not be appropriate if the complaint concerns the process or content of an established and approved University policy or procedure. In such a case, the student will be informed of this and advised that these issues should instead be channelled through the Students’ Union Executive and or the Students’ Union Welfare service, and raised through course, School and University committee structures as appropriate.
5.1.8 Academic Complaints
Academic matters relating to the design, content or structure of courses, modules or programmes should be addressed through School or Departmental Course Representatives or through the Academic Affairs Manager of the Students’ Union in the first instance.
5.1.9 Accompaniment at a Student Complaints Committee
Where a complaint culminates in a Complaints Hearing, the Complainant may be accompanied at the Hearing by a friend or representative. If appropriate to the student’s individual circumstances, they may also be accompanied by the Mental Health Advisor for support or representation. The friend, representative or the Mental Health Advisor shall be permitted to testify on behalf of the student under the direction of the Chair of the Hearing, and shall be permitted to ask questions of the School Representatives.
5.1.10 Legal Representation
A student may not bring legal representation to this meeting without prior consent obtained from the Chair of the Committee, which will be granted only in exceptional circumstances. Any friend who is professionally engaged in legal practice or otherwise experienced in advocacy by reason of her/his employment shall not have the right to address the committee or to question witnesses.
5.1.11 Access to Information
Students are entitled to apply for access to personal data in accordance with the policies and procedures of the University under the provisions of the Data Protection Act 1998 and other legislation. Applications should be made in writing to the University Legal Secretary, and should include the appropriate fee.
5.1.12 Reimbursement of Expenses
If a complaint is upheld, the University will consider meeting any reasonable ‘out of pocket’ expenses connected with the formal stage of the Procedure on production of receipts; this may include travel and subsistence costs in connection with the student’s attendance at a complaint hearing.
6. The Complaints Procedure for Students
The procedure is divided into three parts; an Informal Procedure, which emphasises resolution at the ‘local’ point where the complaint arose, and a Formal Procedure, Part 1 of which involves the Complaints & Appeals Manager as the manager and facilitator of the process and Part 2 of
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which involves the University Secretary and comprises review of the decision by a University Complaints Committee convened on behalf of the Senate.
The role of the University Secretary and the Complaints & Appeals Manager is to ensure that the Formal Procedure is operated according to due process and with regard to the relevant timescales. The University aims, wherever possible, to resolve complaints as quickly as possible and to the satisfaction of the complainant.
6.1 Informal Local Resolution
6.1.1 It is anticipated that most complaints can be resolved through informal means. In the first instance therefore, resolution should be sought from the School or Department/Division in which the complaint arose.
Students should identify the issues about which they are dissatisfied and the outcome they are seeking and should communicate this in writing, via email or letter to the most appropriate member of staff (e.g. the module or course leader) or the Dean of School or Director of Administrative Area. Students should communicate their concerns to the School/Department/Division as early as possible, within one calendar month of the event which is the cause of the complaint, to ensure that the matter can be dealt with promptly and that those involved have a good recollection of the events surrounding the issue of concern.
6.1.2 Schools/Departments/Divisions should ensure that those students who have declared a mental health difficulty are offered the support of the Mental Health Advisor in making their complaint and that, where appropriate, students are assisted in the acquisition of the Complaints Procedures in a format suitable to their requirements. Where appropriate, students will be advised to seek assistance from the Disabilities Office. Schools should also direct students to the Student Advisor for support and assistance in making their complaint.
6.1.3 A student should normally expect to receive a written or email acknowledgement from the School/Department/Division within ten working days and a full response, via email or in writing, within one calendar month. This timescale may need to be extended during University vacations.
6.1.4 It is the responsibility of the School to ensure that written notes are kept of any discussions with students or colleagues about the case and any agreed outcomes.
6.1.5 The Dean of School or Director of Administrative Area has the ultimate authority to adjudicate on the student’s complaint on behalf of the School, although they may delegate the oversight of responses to complaints to another senior member of academic or administrative staff.
6.1.6 The Dean of School or Director of Administrative Area must be notified of any complaint which includes a claim for financial compensation or reimbursement.
6.2 Part 1: Formal Procedure9
6.2.1 If the response to the complaint under the procedure in 6.1 above is not considered by the student to be satisfactory, they may invoke Part 1 of the Formal Procedure. The formal procedure should normally be initiated within one month of receiving a response to the complaint at local level.
6.2.2 If the student has good cause for being unable to submit their complaint within the prescribed period they should communicate this in writing to the Complaints & Appeals Manager as soon as possible with a view to seeking an extension to this deadline. Late submission of Complaints will normally only be permitted in exceptional circumstances which can be supported by documentary evidence.
6.2.3 The student must complete the Student Complaint Form and submit it to the Complaints & Appeals Manager in order to initiate consideration of the case at University level.
6.2.4 Schools/Departments/Divisions should ensure that students who have declared a mental health difficulty are offered the support of the Mental Health Advisor in completing the Student Complaint Form and that, where appropriate, students are assisted in the acquisition of the Complaints Form and supporting documentation in a format suitable to their requirements. Where appropriate, students will be advised to seek assistance in completing the Form from the Disabilities Office. Schools should also direct students to the Student Advisor for support and assistance in making their complaint.
6.2.5 The form should detail the grounds for the complaint, together with a statement of what has been done by the student to attempt resolution at local level with the School/Department/Division, and why action taken by the School/Department/Division following notification of the complaint has been deemed to be inadequate. The student should include the written response received from the School/Department/Division and should also clearly indicate the form of resolution or redress sought.
6.2.6 The Complaints & Appeals Manager will acknowledge receipt of the Complaint Form within seven working days of its receipt. A copy of this acknowledgement will be copied to the Dean of School or Director of Administrative Area.
6.2.7 In the event that the complaint concerns the work of the Complaints & Appeals Manager, the University Secretary will assign a senior manager to oversee the Formal Procedure.
6.2.8 All complaints will be investigated in a manner which is reasonable, appropriate and proportionate to the nature of the complaint. This may take the form of a review of the investigation, and the process by which the investigation has taken place at local level or by means of a new investigation. A decision about how a complaint will be dealt with will be taken by the Complaints and Appeals Manager in consultation with the Director of Legal Services.
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6.2.9 The Complaints & Appeals Manager will investigate the complaint by contacting the School/Department/Division and/or any other Office of the University which may be able to provide information about the circumstances leading to the complaint.
6.2.10 The Complaints & Appeals Manager may contact the student to clarify or gain further information on certain points within their complaint. At all points in the proceedings, the student will be advised that support is available to them via the Student Advisor, the Mental Health Manager and/or Managers from the Disabilities Office who may also accompany them to meetings and speak on their behalf.
6.2.11 Wherever possible the University aims to resolve the complaint to the satisfaction of the student; this may involve seeking advice from a wide range of University staff, including members of Senior Management and/or members of the Student Union Executive. Dependant on the circumstances of the complaint, the Complaints & Appeals Manager will either:
Attempt resolution, by either by correspondence between the parties or negotiation with the Head of Department/Division, Dean or other senior members of staff.
If all parties agree to the process of mediation, arrange a mediation meeting will be arranged between the student concerned (who may be accompanied by a friend or representative, and/or the Mental Health Advisor) and the School/Department/Division. Impartial and independent mediators will be drawn from a pool appointed by the University.
Uphold the complaint and take action accordingly.
In exceptional cases, arrange a Complaints Hearing.
Dismiss the complaint if there is no case to answer.
Dismiss the complaint if it is judged to be vexatious or malicious and take further action if necessary.
6.2.12 Notwithstanding, the student may request that the case be taken to mediation at any point in the proceedings up to the convening of a Student Complaints Committee.
6.2.13 Part 1 of the Formal Procedure will be completed by the provision of an outcome letter, sent by the Complaints & Appeals Manager, within three calendar months of the date on which the completed Student Complaint form was received by the central University. This timescale may need to be extended during University vacations. The Complaints & Appeals Manager will keep all parties informed of progress and of the reasons for any delay in proceedings.
6.2.14 The outcome letter will lay out the reasons why the student’s complaint has been successful or unsuccessful and will advise the student of the opportunity to pursue the matter further via part 2 of the Complaints process.
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6.2.15 A report of the nature and outcomes of the complaints received by the University will be prepared by the Complaints & Appeals Manager to assist in monitoring the effectiveness of the Complaints Procedure. The report will identify relevant quality assurance issues and, were necessary, ensure that the procedures are revised and impact assessed as appropriate. The Reports will be submitted for consideration to the Senate via the Learning and Teaching Committee on an annual basis.
6.3 Part 2 - Hearing by a Student Complaints Committee (Appeal Stage)
6.3.1 If the response to the complaint following completion of the Part 1 of the procedure is not considered by the student to be acceptable, they may invoke Part 2, the appeal stage of the Formal Procedure which involves a review of their case by a Student Complaints Committee of the University.
6.3.2 A request to invoke Part 2 of the Procedure should be made in writing to the University Secretary within 10 working days of the date of the Part 1 outcome letter. The request should outline why the outcome of Part 1 of the process is deemed unsatisfactory and should include copies of all the documentation relating to Part 1. The University Secretary will refer the matter to the Deputy Vice-Chancellor Academic, who will convene a Student Complaints Committee if:
There remains, at the time, a complaint which comes within the scope of this procedure;
The appeal has been lodged within the set time limit;
The complaint is not of a petty or harassing nature.
6.3.3 The University Secretary will ensure that those students who have declared a mental health difficulty are advised that, if they wish to appeal, the Mental Health Advisor is available to assist them in ensuring timescales are adhered to. Students will also be advised to seek advice and support from the Student Advisor in preparing for their attendance at the Committee. Students with specific access requirements in relation to documentation or the physical environment should make these known to the University Secretary at this point.
6.3.4 A Student Complaints Committee will be chaired by a Lay Member of Council, a Deputy or Pro-Vice-Chancellor, or a Dean of School.
6.3.5 In addition to the Chair, the Committee will comprise one member of Council, a senior academic of the University and a representative from the Students’ Union Executive. All members will be independent of the Department/Division/School within which the complaint has arisen.
6.3.6 The University Secretary will act as adviser to the Committee and may request the presence of the Complaints & Appeals Manager if required. All members of the Committee will be independent of the case no member will
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have any affiliation with the Department/Division/School within which the complaint has arisen.
6.3.7 The University Secretary will, wherever possible and dependent upon staff availability endeavour to ensure that membership of the Committee takes into account any equality and diversity related matters raised by the student.
6.3.8 The conduct of a Student Complaint Committee is governed by formal procedures approved by the University Senate. Please see Appendix 1 below.
6.3.9 The student may be accompanied by a friend or representative, and/or the Mental Health Advisor at this Committee. A representative from the School/ Department/Division/Administrative Centre will also be present and may also be accompanied by a friend or representative. However, students may not bring legal representation to this meeting without prior consent obtained from the Chair of the Committee, which will be granted only in exceptional circumstances. Any friend who is professionally engaged in legal practice or otherwise experienced in advocacy by reason of their employment shall not have the right to address the committee or question witnesses.
6.3.10 If the complaint relates to the actions of an individual member of staff, rather than an Academic or Administrative Area, that individual has the right to be informed of the substance of the complaint and to attend and be represented. However, staff members may not bring legal representation to this meeting without prior consent obtained from the Chair of the Committee, which will be granted only in exceptional circumstances. Any friend who is professionally engaged in legal practice or otherwise experienced in advocacy by reason of their employment shall not have the right to address the Committee or question witnesses.
6.3.11 The Student Complaints Committee shall meet, within two calendar months of the referral from Part 1 of the procedures. The University Secretary will keep all parties informed of progress and will explain reasons for any necessary extension of the timescale, for example, if an adjournment in the proceedings is necessary.
6.4 Escalation to Part II of the Process
The Complaints Manager may recommend to the Deputy Vice-Chancellor Academic, that a complaint that has been considered at School level should be escalated directly to stage II of the process without stage I consideration, in one or a combination of the instances shown below:
Where no procedural irregularity in the investigation of the case at School level can be identified by the Complaints Manager.
Where, after due consideration, the Complaints Manager finds that all aspects of the complaint have been taken account of during the School level investigation and that outcome is appropriate and takes account of all relevant evidence.
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Where an independent investigator has already considered the evidence and has reported their findings to the Dean at School level, and where the outcome, as found by the School, reflects the findings of the independent investigation.
7. Outcomes of a Student Complaints Committee
7.1 In the event that the complaint is upheld, the University Secretary or the Chair of the Student Complaints Committee may make recommendations to the Associate Dean Learning and Teaching of the School concerned or the Director of Administrative Area.
7.2 Recommendations may also be made to University Learning and Teaching Committee in respect of quality assurance procedures or policies.
7.3 In exceptional circumstances the Committee has the authority to recommend to the Senate that a decision of a Board of Examiners be annulled and to recommend an alternative decision. Such a recommendation would normally be based on the advice of competent and impartial examiners. Only the Senate has the authority to act upon and implement such a decision on consideration of the Committee’s recommendation.
7.4 In the event of a decision not to uphold a complaint, the University Secretary will advise the student of the range of support services that are available such as the Counselling Service, the Students’ Union Welfare Service and the Mental Health Adviser (where appropriate).
7.5 The conclusions and recommendations of the Student Complaints Committee will be communicated to the complainant, by the University Secretary, in a formal Completion of Procedures Letter within 14 days of the meeting. If a complaint is not upheld, the complainant will be informed of the reasons for its rejection. The letter will be copied to the Complaints & Appeals Manager and the Dean of School or Head of Department/Division as appropriate. The decision of the Committee is final and concludes the University of Bradford’s complaints procedure.
7.6 The Completion of Procedures letter will advise the student of opportunity for external review of the case. The Manager of the Independent Adjudicator (OIA) provides and independent scheme for the review of student complaints in relation to:
A programme of study or research;
A service provided to a student by the University of Bradford;
The final decision of the University of Bradford’s Disciplinary, Appeals, Investigating, or Complaints Committee.
The scheme covers students studying at the University, students at other institutions undertaking a course of study or programme of research leading to one of the
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University’s awards and those who have recently left the University. The OIA cannot deal with:
Matters of academic judgement with regard to a student’s performance;
Matters that are or have been the subject of court proceedings;
A student employment matter;
Admission issues.
7.7 A report on each case which comes before the Student Complaints Committee will be prepared by the University Secretary to assist in monitoring the effectiveness of the Complaints Procedure and to identify relevant quality assurance issues and, were necessary, ensure that the procedures are revised and impact assessed as appropriate. The Reports will be submitted for consideration to the Senate via the Learning and Teaching Committee on a regular basis.
8. Training and Awareness
8.1 The Complaints & Appeals Manager will organise activities to raise awareness of the Complaints Procedure, and how it is to be used, amongst the student body. The Complaints & Appeals Manager will also provide support and guidance for Schools in handling complaints and resolving them as closely as possible to their point of origin.
9. Monitoring, Evaluation and Review
9.1 The Complaints & Appeals Manager will oversee the tracking of complaints submitted at parts 1 and 2 of the process and progressed through the Procedure, and will ensure that records show the nature of the complaint, the process employed to deal with the complaint, the time taken for each part of the process to be completed and the outcome. All data held will be monitored in accordance with the University’s Equality and Diversity Policy available to view at http://www.bradford.ac.uk/equality/ and will be impact assessed on an annual basis in line with University procedures.
9.2 In order to identify whether a particularly category of students is making a higher number of complaints, data on complaints submitted to parts 1 and 2 of the process will be collated and reports produced and presented to the Learning and Teaching Committee, on an annual basis, on:
The number of complaints made by undergraduate, taught postgraduate and research students respectively, and by students on full and part time courses of study.
The gender and ethnic of those making complaints
The number of students with a disability making complaints15
The number of complaints made by international students, and students from the United Kingdom.
Evaluation of this data will be impact assessed annually and will inform discussion on the possible reasons for higher levels of complaints amongst certain groups of students and how to respond to such circumstances.
9.3 The University Secretary and the Complaints & Appeals Manager will ensure that Learning points and issues arising from specific cases will be brought to the attention of the Learning and Teaching Committee for the purposes of monitoring and evaluating the complaints process and in order to address quality assurance and student support issues arising from particular complaints.
9.4 The Complaints Procedure for students is one aspect of the University’s quality assurance procedures; complaints are therefore considered as useful feedback and, where appropriate, will be used to facilitate improvements to services and facilities. This will be achieved through annual reporting to the Senate and/or other committees and an audit trail to ensure that outcomes and recommendations from the formal procedure, particularly Part 2 of the process, are considered and appropriate revisions made to School and University procedures.
Appendix 1
Procedural Rules for Student Complaints Committees
1. The hearing shall take place in private in the University on a date fixed by the Chairperson of the Committee in consultation with the student and members of the Committee.
2. The hearing may be attended by all parties, the Mental Health Manager (where required) one friend per party, and a secretary to the Committee appointed by the University Secretary. Where a number of students are bringing the same complaint, they shall appoint two of their number (each entitled to be accompanied by one friend) to attend the hearing.
3. After the date of the hearing has been fixed the University Secretary will, at least 10 working days before the hearing, write to all parties:
Notifying them of the date of the hearing;
Notifying them of the names and School of origin of all members of the Committee;
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Notifying them of the names of persons representing the School or Administrative Department/Division about which the complaint has been made;
Requesting that written submissions from the parties be submitted at least 5 working days before the hearing date;
Inviting each party to provide the name of any friend who will accompany them and the name of any witness they would wish to call: it is the responsibility of each party to notify such friends or witnesses of the hearing.
In the event that witnesses are called, the University Secretary will notify all parties of their identity and origin.
Students will be provided with all documentation in a format appropriate to their requirements
4. The hearing shall be by way of a review of the previous decision. The case and supporting evidence shall be addressed primarily through written statements. Written information not received at the designated time may not be considered unless the Committee decides, in exceptional circumstances, to receive such evidence.
5. At least 3 working days before the hearing date the University Secretary will circulate all the information received to the Committee and the parties.
6. The Committee will decide whether or not any particular witness should be called and may question any witness.
7. Both parties and their friends will be given the opportunity to make a statement to the Committee. Witnesses may, at the discretion of the Committee, be questioned through the Chairperson of the Committee. However, any friend who is professionally engaged in legal practice or otherwise experienced in advocacy by reason of his/her employment shall not have the right to address the Committee or question witnesses.
8. All parties shall be asked at the conclusion of the review of evidence if they wish to make a brief final statement.
9. All parties shall withdraw before the Committee considers its decision.
10.The Chairperson has the power to regulate the procedure of the hearing within the spirit of these rules, having regard to the rules of natural justice and the need to maintain informality and reasonable dispatch of the proceedings. On the advice of the Mental Health Advisor and/or the Disabilities Office, the Chairperson will also regulate the procedure of the hearing in order to accommodate the needs of students.
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11.The time limits given in this procedure must be adhered to, but may be varied at the discretion of the Chairperson of the Committee. If a complaint lapses as a result of failure by the complainant to keep to a time limit, that complaint cannot be recommenced. Bank holidays and days when the University is closed are not taken into account for the purposes of this procedure.
12.In exceptional circumstances the Committee may consider documents or hear evidence in the absence of the parties.
13.The Committee shall endeavour to present a unanimous report to the Senate of the facts found and the recommendations made on the basis of those facts. If the report is not unanimous, the minority shall be entitled to record their views and submit them to the Senate.
14.The Committee will report and make recommendations to the School/Department/Division and the Learning and Teaching Committee, on any issues arising from the hearing which impact on the quality of the student learning experience.
15.The University Secretary will inform the student of the decision of the Committee by means of a formal Completion of Procedures letter which will be issued within 14 days of the meeting.
Last Updated December 2013Amanda Hughes, Complaints & Appeals Manager
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