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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 from the Student Resource Guide http://www.monash.edu.au/pubs/handbooks/srg/)
  • 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 equiry 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