Frequently
asked questions
What
does the word “Ombudsman” mean?
The word comes from Old Norse and means “representative” The traditional
parliamentary ombudsman role is not to represent the individual but to
represent the public interest by investigating complaints by citizens,
independent of the executive. The first modern example was in Sweden which
introduced a Parliamentary Ombudsman in 1809 to safeguard the rights of
citizens. The term is not gender specific. In recent years it has been
adopted to describe the role of persons appointed in industry and professions
to provide an independent review of complaints and grievances. A number
of Australian universities have an ombudsman including LaTrobe University
and RMIT in Victoria.
How do I take a
complaint to the University Student Ombudsman?
You can e-mail the Student Ombudsman office to seek advice or arrange an
appointment. An enquiry form is located on this site to assist your contact.
The Student Ombudsman is located on the Clayton campus but can arrange to
meet you on another campus.
When should I take a
complaint to the Student Ombudsman?
You should first try to resolve the complaint within your faculty or
department. The Student Rights Officers are able to assist you. If that
is not successful lodge a grievance with the Grievance Officer. Once the
faculty or department has had the opportunity to deal with the grievance and
if you are not satisfied with the outcome you can then request that the
Student Ombudsman review the grievance. You can also seek advice during the
course of the grievance but the Student Ombudsman is unlikely to become
involved until the grievance process is completed.
Will I be disadvantaged
if I bring a complaint to the Ombudsman?
No student or staff member will be disadvantaged as a result of making a
complaint to the Student Ombudsman or assisting an enquiry or investigation
What can the University
Student Ombudsman (Student Ombudsman) do?
The Student Ombudsman can
·
Make enquiries to determine whether an investigation is
warranted
·
Provide advice about the resolution of a complaint and refer you to
the appropriate service
·
Conduct an independent investigation if s/he believes it is warranted
·
Consult with any staff member relevant to the investigation
·
Inspect any relevant documentation
·
Seek independent legal advice
·
Make recommendations to the DVC (Education) for resolution of a
grievance
·
Report
to the University Council.
Can I
proceed with a grievance if the faculty or department can show that it has
acted strictly according to policy?
Policies and procedures within the university go through a rigorous process
of development. These documents are designed to assist staff and students by
providing guidance and consistency for decision making. This is one reason
they are published on the web-site and made available to students-so that you
can know in advance how the university believes that decisions should be made
and staff should act. If the subject of your grievance is covered by policy
and procedures and that policy was properly applied it is unlikely that your
grievance will proceed.
Take, for example, the
policy for refund of fees on discontinuation of enrolment; the policy clearly
states that any student discontinuing enrolment after the census date is
liable for fees in full. It is the student’s responsibility to know the
census date. It would not be sufficient to argue that you did not know the
census date.
Policies can make room for
discretion by the faculty in special circumstances. Take the example of a
student who suffered trauma or sickness which prevented further study. If the
student provided relevant documentation s/he might gain a favourable decision
on appeal or could complain if their special circumstances were not
considered. The complaint is not likely to succeed if the information
indicates that the faculty has considered the special circumstances but still
decided that in view of all the facts there was not sufficient reason to make
an exception on the grounds of special circumstances.
Can I bring a grievance
to the Student Ombudsman about procedures or decisions of the Academic
Progress Committee or the Exclusion Appeals Committee?
The university has separate procedures for exclusion for unsatisfactory
academic progress, discipline and exclusion for health reasons. The Student
Ombudsman cannot accept complaints on these matters.
Can I bring a complaint
to the Student Ombudsman about discrimination or sexual harassment?
The university has separate procedures to deal with these complaints and the
Student Ombudsman cannot accept complaints on these matters.
Can I bring a grievance
to the Student Ombudsman about an academic or administrative matter which is
related to a complaint about procedures for exclusion, discipline or
discrimination or sexual harassment?
The Student Ombudsman would look at whether you had another proceeding in
place at the time of lodging the grievance. Once that procedure was completed
s/he would decide whether there was still an academic or administrative
grievance which had not been dealt with by the procedures and required the
Student Ombudsman’s involvement?
What does
confidentiality mean in regard to complaints to the Student Ombudsman?
Information relating to a complaint provided to the Student Ombudsman
office by students or staff will remain confidential and only be
communicated:
·
In the process of investigation and conciliation of the complaint
·
To those parties directly involved in the investigation and complaint
resolution
·
For the
purpose of meeting government legislative requirements including privacy and
disclosure requirements. Note this can apply to release of information to
lessen or prevent a serious and imminent threat to an individual’s life,
health, safety or welfare or a serious threat to public health, public safety
or public welfare and information in regard to suspected unlawful
activity
·
OR -
with the consent of the person providing the information.
Can
someone make a complaint to the Student Ombudsman on my behalf?
No, only the person with the grievance can make a complaint or give notice of
a grievance. In exceptional circumstances the Student Ombudsman will accept written
authorisation for another person to pursue a complaint when that person is
not able to do so.
Is there a time limit
on acceptance of grievances?
The policy clearly states that there is a six months time limit dating
from discontinuation of course or candidature (undergraduate or
postgraduate), or examination of a HDR thesis. After that six month
period grievances are unlikely to be accepted except in
exceptional circumstances where it would be unreasonable not to
accept them.
What can I expect if I
am involved in an investigation of a grievance either as a complainant,
respondent or witness?
You can expect a fair and reasonable process which takes into account the
relevant information provided by all parties and makes a finding based on the
balance of probabilities. The process is not a legal process. The principles
of natural justice will apply including:
·
The respondent shall have a right to be advised on the complaints as
soon as possible
·
All parties to a complaint shall have the right to be heard
·
All relevant sumbissions and evidence shall
be considered
·
Matters that are not relevant shall not be taken nto
account
·
All parties shall have the right to confidentiality
·
The person
hearing the complain shall not be biased or appear to be biased.
What
are my responsibilities if lodge a complaint with a faculty Grievance Officer
or the Student Ombudsman?
If you wish to pursue a complaint or grievance with the faculty or department
and/or for review by the Student Ombudsman it is your responsibility to:
·
Inform
yourself of the relevant policy and procedures.
·
Approach
the faculty/department with courtesy and integrity and focus on options to
resolve the complaint.
·
Ensure
you have adequately explored the informal avenues of resolution before
escalating the complaint to a formal grievance.
·
Seek
advice and support from qualified persons (a list of support services is
available online at http://www.monash.edu.au/pubs/sii
in the
Student Information Index).
·
Provide
an accurate written account of the complain/grievance and your expectations
for resolution of the complaint.
·
Keep
clear written records, including dates, of all relevant actions including
consultation with staff.
·
Respect
the confidentiality of all parties in the course of the enquiry or the
investigation.
·
Respond
promptly to requests for further information.
·
Make
yourself available for conciliation meetings and carefully consider any
options proposed for resolution.
Why
does the Student Ombudsman only have powers to recommend and not to make a
binding decision?
This is in line with the powers of all traditional Ombudsman.
The strength of the recommendations comes from their reliance on a well
documented, impartial and objective investigation. If the Victorian
Ombudsman’s recommendations are not accepted he can report to Parliament. The
Student Ombudsman can report to the University Council. In practice, the
Student Ombudsman would ensure that the student, faculty or department are
aware of the findings and able to respond to them and have their responses
taken into account before recommendations are made. Recommendations will
arise logically from the findings.
Are the Student
Ombudsman’s recommendations likely to be accepted?
Generally recommendations would only be rejected if they were unable to be
implemented or if they did not accord with university statutes, regulations and
policy. The Student Ombudsman’s report to University Council would include a
report on the response to recommendations. If the process is working and all
parties have the right to respond and be considered recommendations are most
likely to be accepted.
What can I do if I am
not satisfied with the Student Ombudsman’s recommendations?
You can lodge a complaint with the Victorian Ombudsman.
Contact details –telephone: 9613 6222
Toll free: 1800 806 314
Fax: 9614 0246
E-mail: ombudvic@ombudsman.vic.gov.au
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