(1) The purpose of this Policy is to: (2) As a general principle, the University aims to ensure that the systems to manage complaints are easily understood and accessible for students, including those who require assistance in the complaints process. (3) This policy applies to all students at the University, except where indicated at clause (9). (4) The Student Ombud provides the University's last formal internal review process for student complaints. (5) This Policy does not apply to: (6) Complainant means the student notifying a complaint to be subject to internal review. (7) Complaint: (8) Complaints Assistance Officer: (9) Student: (10) Student Ombud: (11) Student Ombud Contact Officer: (12) The Student Ombud shall investigate student complaints that arise out of any concern of the University under its functions, as defined by the Southern Cross University Act 1993 (NSW), By-laws, Rules, Policies, Procedures, Local Provisions, or other documented guidance that the University may authorise from time to time. (13) The Student Ombud shall not encroach on the academic judgements made within the University (including assessment), but may investigate the processes and policies that surround academic judgements. (14) In exercising its duties, the Student Ombud shall: (15) Students shall not suffer any disadvantage or recrimination at the University because they make a complaint. (16) The Student Ombud and the Student Ombud Contact Officer are responsible to the Vice Chancellor for the purpose of all activities undertaken pursuant to this Policy. (17) The Vice Chancellor may appoint one or more suitably qualified persons as Student Ombuds at the University. (18) To ensure compliance under the Education Services for Overseas Students Act 2000 (ESOS Act), if the complainant is an international student, the Vice Chancellor must appoint a person external to the University to conduct the investigation. (19) The Vice Chancellor's decision is final as to which person is appointed Student Ombud for the purposes of investigating a particular complaint. (20) The Student Ombud Contact Officer may discuss the appointment of Student Ombud with the complainant, including whether there are any real or perceived conflicts of interest with the proposed appointment of a Student Ombud, and will advise the Vice Chancellor of any preference expressed and the reasons for this preference. (21) In appointing a Student Ombud to investigate a particular matter, the Vice Chancellor shall not appoint any person who could reasonably be expected to have an actual or perceived conflict of interest in conducting or participating in the investigation process. (22) If a Student Ombud considers that they may hold a conflict of interest, or believes that their participation in the investigation could create the perception of a conflict of interest with respect to a particular matter, the Student Ombudshall inform the Vice Chancellor of that potential or actual conflict of interest. (23) Upon being made aware of a conflict of interest existing under clause (22), the Vice Chancellor shall appoint another person to investigate the matter. (24) If the Vice Chancellor considers that they may hold a conflict of interest, or believes that their participation at any stages of the complaint could reasonably be expected to give rise to an actual or perceived conflict of interest, the Vice Chancellor will refer the matter onto another person to progress in accordance with this Policy. (25) The Student Ombud shall have access, on a confidential basis, to any University records and documents that the Student Ombud considers relevant to the matter. (26) Staff and students shall, if requested, assist the Student Ombud in the conduct of investigations. (27) If the Student Ombud wishes to interview a person in the course of an investigation, that person may be accompanied by one other person. (28) If the additional person is a legal representative, the Student Ombud may seek legal representation for the University before proceeding. (29) Electronic recording of interviews is not permitted by either the Student Ombud or the person being interviewed, unless the Student Ombud and the person being interviewed have provided their written agreement in advance. (30) The Vice Chancellor may refer any matter that affects, or potentially affects a student or a group of students to the Student Ombud for investigation. (31) A student who is dissatisfied with the outcome of a formal complaint, or believes that a formal complaint has not been resolved within a reasonable time frame, pursuant to the Complaints Policy - Students and Members of the Public, may seek an internal review by the Student Ombud. (32) Students seeking to refer a matter to a Student Ombud for internal review should normally lodge their request within six months of the time of the determination of a complaint, including those made pursuant to the Complaints Policy - Students and Members of the Public. (33) Subject to the Vice Chancellor's discretion, complaints lodged after this time will be investigated only if: (34) A student seeking an internal review by a Student Ombud shall make a written request to the Student Ombud Contact Officer (ombud@scu.edu.au). (35) Students may contact the Student Ombud Contact Officer or the Complaints Assistance Officer for informal advice about the internal avenues for addressing a matter. (36) Subject to clauses (37) and (38), a matter will normally only be formally investigated: (37) The Vice Chancellor has the discretion to appoint a Student Ombud to conduct an internal review without a student having exhausted all other internal processes if the Vice Chancellor considers that the gravity of the allegation or incident warrants such action or if the student raises concerns that the investigation pursuant the Complaints Policy - Students and Members of the Public is not being progressed in a timely or appropriate manner. (38) The University will not generally respond to anonymous requests for internal review unless they involve allegations of a serious nature, such as corruption or criminal behaviour. Where appropriate, the Vice Chancellor may decide that an investigation is warranted. (39) Frivolous or vexatious requests for internal review or requests without substance will not proceed beyond preliminary investigation. Complainants making vexatious requests may be subject to action under the Student Academic and Non-Academic Misconduct Rules. (40) A complainant may withdraw their request for internal review at any stage of the process, by putting their request in writing to the Student Ombud Contact Officer. In most cases, the matter will be closed. However, in certain circumstances, the Vice Chancellor may deem the matter serious enough for the internal investigation to continue or for referral to an external agency. (41) On receipt of a request for internal review, the Student Ombud Contact Officer will: (42) The preliminary assessment shall include consideration of whether: (43) Where the Student Ombud Contact Officer considers that there are alternative avenues to resolve the matter, including an appeal or review pursuant to clause (42)a, the complainant shall be advised of this alternative process within ten working days of the receipt of the request for internal review. (44) For all other requests, the Student Ombud Contact Officer will refer the matter to the Vice Chancellor. (45) The Vice Chancellor may decide not to appoint a Student Ombud for a particular matter. In making such a determination, the Vice Chancellor may take into account: (46) If the Vice Chancellor declines to refer a request for internal review to a Student Ombud, the Vice Chancellor shall seek to inform the complainant in writing about this decision within ten working days of the original request for review made pursuant to clause (34). (47) In conducting the investigation, the Student Ombud shall: (48) If, in the course of an investigation, the Student Ombud receives evidence that an allegation against a staff member potentially gives rise to disciplinary action for misconduct pursuant to the University's Enterprise Agreement or relevant individual agreement/contract, then such evidence shall be referred to the relevant supervisor or HR Services. (49) All persons making a request for internal review in good faith, or giving evidence or providing information during the investigation, would have a defence of qualified privilege in the event of a defamation action. (50) Qualified privilege means that the person is not liable for a false and defamatory publication if it is made by a person in the discharge of some public or private duty, whether legal or moral in the conduct of his or own affairs in matters where his or her interests are concerned. Such defence of qualified privilege is lost if it found that the person making the statement showed malice. Malice can be shown if the person knew the statement was false or was reckless as to its truth or falsity, that the person was actuated predominantly by spite or ill will, or that the person introduced extraneous and irrelevant matter into the statement. (51) A complainant who makes a request for internal review in good faith is protected against any action for defamation by the defence of qualified privilege, provided that the complainant raises the matter in accordance with established procedures and does not intentionally make a malicious or substantially frivolous complaint. (52) Any victimisation of a complainant acting in good faith will be regarded seriously and, in the first instance, should be referred to the Student Ombud Contact Officer for appropriate action. Any student who victimises a person in relation to these complaint procedures may be subject to an action under the Rules - Student Academic and Non-Academic Misconduct Rules. A staff member who victimises a person in relation to these complaint procedures may be subject to an action under the Complaint Policy - Staff. (53) There must be limited disclosure of information relating to a matter undergoing internal review by a Student Ombud to as few people as possible, and only to those who are legitimately involved in the process of investigating or resolving the matter. Any breaches of confidentiality, careless or otherwise, on the part of any of the parties involved in an investigation will be regarded seriously, and shall be referred to the Student Ombud Contact Officer for appropriate action. (54) Several internal sources of confidential advice are available for the parties involved in an investigation (prior to a complainant lodging a formal request for internal review). (55) Students may wish to contact: (56) Following the investigation, the Student Ombud will provide a report to the Vice Chancellor. The report will include, where relevant, the Student Ombud's: (57) If the Student Ombud considers that there may be a conflict of interest, or believes that there could be the perception of a conflict of interest with respect to the recipient of a Student Ombud report, the Student Ombud shall inform the Chancellor or Vice Chancellor as appropriate, who will designate another person to receive the report and consider the recommendations. (58) The Student Ombud shall not recommend a change to the final assessment or grade. (59) Where a matter settles to the satisfaction of the complainant prior to the finalisation of the investigation, the Student Ombud may: (60) Upon receipt of the Student Ombud report, the Vice Chancellor will consider the report and recommendations and may: (61) The Vice Chancellor will formally advise the complainant in writing about his/her determination of the internal review. This will include: (62) The Vice Chancellor may also inform in writing Executive member the head of the work unit the subject of the investigation, other staff or students involved in the investigation about relevant aspects of the determination, subject to maintaining privacy and confidentiality as appropriate. (63) Where the Vice Chancellor requires a person to take specific actions as a result of the investigation, the Vice Chancellor shall inform the person in writing of those specific actions and a time frame for implementation. (64) If in the course of the Student Ombud investigation, it is considered likely that adverse findings about a particular individual may be made, the University will consider any applicable privacy obligations under the Privacy and Personal Information Protection Act 1998 and an applicable exemptions in or made pursuant to that Act, before disclosing relevant details of the determination with the complainant or other parties. (65) The complainant may, at any stage, refer their matter to an external agency including, but not limited to, the: (66) Where a student refers their complaint to an external agency, the University may cease its internal review process. (67) Standard 8 of the National Code of Practice 2007 made under the Education Services for Overseas Students Act 2000 (ESOS Act) requires Australian universities to have in place arrangements for independent, external review of complaints and appeals made by those international students covered by the ESOS Act. Southern Cross University has made arrangements with the NSW Ombudsman to conduct independent, external reviews of complaints and appeals made by these international students.[Note: This includes complaints and appeals made by international students studying in Queensland at the Gold Coast campus.] (68) International students should be aware that the NSW Ombudsman will only review whether the University has followed its policies and procedures. The NSW Ombudsman does not have the power to make a decision in place of the University's original decision. (69) For those international students covered by the ESOS Act, the University must maintain a student's enrolment while an appeal is ongoing and immediately implement any corrective and preventative action required. (70) The Student Ombud Contact Officer shall: (71) Nil.Student Ombud Policy
Section 1 - Purpose and Scope
Scope
Top of PageSection 2 - Definitions
Top of PageSection 3 - Policy Statement
Section 4 - Procedures
Appointment of Student Ombud
Student Ombud's Access to Information
Initiating an Investigation
University Initiated
Student Initiated
Preliminary Investigation of Complaint
Conduct of the investigation
Defamation
Victimisation
Confidentiality
Sources of advice
Finalising the Investigation
Alternative Avenues for Lodging Complaints
International students
Record Keeping
Top of PageSection 5 - Guidelines
View Current
This is not a current document. It has been repealed and is no longer in force.