HDR Candidature: Academic and Administrative Complaints and Grievances Procedures

Parent Policy

Academic and Administrative Complaints and Grievances Policy

Note that the review rights provided in the procedures are additional to any rights that a student may have under a law of Victoria or the Commonwealth.

Making a Complaint

1. Candidates should attempt to resolve their complaint with the staff member(s) concerned

2. If a candidate's complaint is not resolved informally or his/her complaint is one of bias on the part of the staff member(s) concerned, the candidate may choose to direct the complaint to the next appropriate level, eg relevant administrative officer or head of the appropriate academic or administrativeunit (or nominee).

Responsibility

Candidate
Head of academic or administrative unit (or nominee)
Graduate studies co-ordinator (or nominee)
Departmental postgraduate research administrator (or nominee)

Lodging a Grievance

3. If the complaint is not resolved, the candidate may make a written request for resolution of the matter to the grievance officer of the faculty/division/unit. The matter is now considered a grievance. Candidates may seek assistance from the appropriate campus-based association responsible for providing candidate advice and/or advocacy in making a complaint or preparing a written grievance. For Australian campuses this is the Monash Postgraduate Association.

Responsibility

Candidate
Faculty/division/unit grievance officer
Relevant campus-based association (eg Monash Postgraduate Association, Student Rights Service)

4. The University Solicitor's Office is available to a staff member to explain these procedures and a staff member's rights under them to respond to the grievance or complaint against him or her.

Responsibility

Relevant staff member
University Solicitor’s Office

5. A candidate should lodge a grievance:

• with the grievance officer of the faculty in which he/she is/was enrolled; or
• with the grievance officer of the division or organisational unit responsible for the function that has given rise to the grievance.

Responsibility

Candidate

Responsibilities of Faculties and Divisions to Appoint a Grievance Officer

6. Each faculty, division and major organisational unit of the university shall nominate at least one grievance officer to advise candidates and staff of these procedures, receive grievances, and maintain data on the number and nature of candidate grievances received.

7. The Dean, Director or Manager of the relevant faculty, division or unit will determine in advance and publish in the Student Information Index the contact details of the appointed grievance officer. To avoid conflict of interest or perceived bias, at least one additional assistant grievance officer will be appointed to process cases for which the grievance officer is involved or is unavailable.

Responsibility

Dean
Divisional director
Manager of organisational unit

Primary Role of Grievance Officer

8. The grievance officer must maintain a file of all correspondence and communication in relation to a grievance (see Monitoring and reporting).

Responsibility

Grievance officer

Processing of the Grievance

9. The grievance officer will determine whether the grievance can be investigated within the scope of the Academic and Administrative Complaints and Grievances Policy. Where the grievance sits outside of the scope of the policy, the grievance officer will send an email to the student within five (5) working days following receipt of the grievance, explaining why the matter cannot be investigated under the policy and associated procedures. If the matter falls within the scope of another university policy, regulation or statute, the candidate is to be directed to the relevant information. Where the grievance is of a nature that can be investigated under the scope of the Academic and Administrative Complaints and Grievances Policy, the grievance officer will determine whether the grievance is academic or administrative in nature, record details of the grievance, acknowledge receipt of the grievance and outline to the candidate the timelines for resolution and any other relevant information, including informationabout relevant university support services. The grievance receipt is to be emailed to the student within five (5) working days of following the grievance officer's receipt of the grievance.

Responsibility

Grievance officer

10. If the grievance officer is unable to assess the candidate's grievance due to insufficient information or clarity, the candidate will be contacted within five (5) working days following receipt of the grievance. The grievance officer will outline what the student must do or provide for their grievance to be reviewed, and will also direct the student to appropriate University support services.

Responsibility

Grievance officer
Candidate

11. In the case of an academic grievance, the grievance officer will direct the matter to the Associate Dean responsible for research degrees (or nominee) of the appropriate faculty. In the case of an administrative grievance, the grievance officer will direct the matter to the Faculty Manager (or nominee) of the appropriate faculty for a faculty administrative grievance, or to the Director or equivalent senior manager (or nominee) for a non-faculty administrative grievance. In some cases, the grievance officer may direct the grievance to another appropriate faculty.

Responsibility

Grievance officer
Associate Dean responsible for research degrees (or nominee)
Faculty Manager (or nominee)
Divisional director (or nominee) Manager of organisational unit

Investigation and Conciliation

12. The person to whom the grievance has been directed (or nominee) will attempt to resolve the candidate's grievance through investigation and conciliation, and will also direct the candidate to appropriate university support services. In the case of an academic grievance, the person to whom the grievance has been directed may choose to convene a Faculty Grievance Committee to consider the matter. In determining the membership of this committee, the university's policies on gender balance and avoidance of potential conflict of interest must be met.

13. The person to whom the grievance has been directed (or nominee) will commence an investigation of the matter normally within 10 working days of the grievance being lodged by the candidate.  The investigation will include consultation with staff relevant to the case

Responsibility

Associate dean responsible for research degrees (or nominee)
Faculty Manager (or nominee)
Divisional director (or nominee)
Manager of organisational unit

14. The person to whom the grievance has been directed (or nominee) may determine that the grievance in question is frivolous, vexatious or lacking in substance, and decide that no investigation is necessary. The candidate is to be advised of this decision via email within 20 working days of the grievance being lodged with the grievance officer using the grievance outcome template letter including details of the reasons for this decision and the candidate's right to appeal the decision.

Responsibility

Grievance officer
Associate dean responsible for research degrees (or nominee)
Faculty Manager (or nominee)
Divisional director (or nominee)
Manager of organisational unit

15. Where the grievance is determined to be frivolous, vexatious or lacking in substance and the person to whom the grievance was directed has decided not to investigate the case, the candidate can appeal the decision within 20 working days of being notified of the outcome of the grievance. Candidates who wish to appeal the outcome of an academic grievance must forward the appeal to the Research Graduate School Committee (see Section 21). Candidates who wish to appeal the outcome of an administrative grievance should forward details of the grievance to the University Student Ombudsman (See Section 35).

Responsibility

Candidate

16. A grievance lodged by a prospective candidate against a selection decision may be dismissed as lacking in substance if the decision is consistent with the published selection criteria, or if the prospective candidate meets the published selection criteria but was declined entry in favour of better qualified applicants.

Responsibility

Associate dean responsible for research degrees

17. The person to whom the grievance has been directed may call a conciliation meeting with all parties concerned, for the purpose of discussing, and, if possible, arriving at an agreed resolution. The candidate may be accompanied by a support person or advocate at this meeting. The findings of the investigation to date may be presented at this meeting which, if required, must occur within 20 working days of the grievance being lodged with the grievance officer.

Responsibility

Associate dean responsible for research degrees (or nominee)
Faculty Manager (or nominee)
Divisional director (or nominee)
Manager of organisational unit

18. If, due to unforeseen circumstances (eg staff on leave), an investigation cannot be concluded within ten working days of its commencement, the person to whom the grievance has been directed is to send the candidate an email on the status of the matter using the grievance status template email

Responsibility

Associate dean responsible for research degrees (or nominee)
Faculty Manager (or nominee)
Divisional director (or nominee)
Manager of organisational unit

19. If a resolution cannot be reached after two conciliation meetings, the person to whom the grievance has been directed will make a decision on the matter and subsequently offer, in writing, the university's best available solution to the candidate. The candidate is to be advised of his/her rights of appeal against this decision/offer, both internal and external to the university (see Section 20). The candidate must accept or decline the offer via email within 10 working days of the date of offer. If accepted by the candidate, the solution will be implemented immediately.

Responsibility

Associate dean responsible for research degrees (or nominee)
Faculty Manager (or nominee)
Divisional director (or nominee)
Manager of organisational unit
Candidate

20. In the case of an academic grievance, if the candidate does not accept the decision/offer, the candidate may appeal to the Chair of the Research Graduate School Committee (or nominee) within 20 working days of refusal of the offer (See Section 21). In the case of an administrative grievance, if the candidate does not accept the decision/offer, the candidate may request review of the matter by the University Student Ombudsman within 20 working days of receipt of the refusal (See Role of the University Student Ombudsman). The candidate can also request external review of the decision/offer by the Victorian Ombudsman.

Responsibility

Candidate

Role of the Research Graduate School Committee (RGSC) in Academic Grievances

21. Candidates who are dissatisfied with the outcome of their academic grievance may appeal the decisions of the Associate Dean responsible for research degrees (or nominee). A candidate is to advise the Chair of the Research Graduate School Committee (or nominee), via the Manager of the Monash Research Graduate School (MRGS), of their appeal, in writing, within 20 working days of his/her rejection of the decision/offer of the Associate Dean responsible for research degrees (or nominee). The grounds for the appeal are to be clearly specified by the candidate at this time. It is not sufficient for a candidate to re-state their original grievance.The candidate must provide reason/s why he/she considers the decision to be incorrect or unfair.

Responsibility

Candidate

22. The Manager, Monash Research Graduate School (or nominee) is to acknowledge, by email, receipt of the candidate's intent to appeal the decision of the Associate Dean responsible for research degrees (or nominee). The email is to include confirmation that the information provided by the student has been forwarded to the Chair of the RGSC (or nominee) and to provide informationabout relevant university support services.

Responsibility

Manager, Monash Research Graduate School (or nominee)

23. Following receipt of a candidate's appeal, the Chair of the RGSC (or nominee) is to investigate the matter.

The Chair of the RGSC (or nominee) may determine that the appeal is frivolous, vexatious or lacking in substance and decide that no investigation is necessary.  In such cases, the candidate is to be advised of this decision and the reason/s for it via email within 20 working days of the receipt of the candidate's appeal.  The email is to inform the candidate of their opportunity to request internal review of the decision by the University Student Ombudsman and external review of the decision by the Victorian Ombudsman.

If the Chair of the RGSC (or nominee) does not consider the appeal to be frivolous, vexatious or lacking in substance, the Chair (or nominee) will constitute a Research Graduate School Committee Grievance Appeal Panel, within 10 working days, to consider the matter.  The candidate is to be notified by email of the decision to constitute a RGSC Grievance Appeal Panel.  A copy of the HDR Candidature: Academic and Administrative Complaints and Grievances Procedures will be sent to the candidate at this time.

Responsibility

Chair of Research Graduate School Committee (or nominee)
Manager, Monash Research Graduate School (or nominee)

24. Membership of the Research Graduate School Committee Grievance Appeal Panel is to include: 

• the Chair of the Research Graduate School Committee (or nominee) who will chair the Grievance Appeal Panel;
• A senior member of staff, nominated from the candidate's faculty, who has had no direct involvement in the grievance matter at faculty level;
• A representative from the candidate's academic unit, but not the supervisor, head or other persons involved in the grievance matter at faculty level;
• A research candidate from another faculty (nominated by the Monash Postgraduate Association); and
• additional co-opted members as required or deemed appropriate by the Chair of the Grievance Appeal Panel (or nominee).

In determining membership of the panel, the University policies regarding gender balance and the avoidance of any potential conflict of interest must be adhered to.

Responsibility

Chair of Research Graduate School Committee (or nominee)
Chair of Grievance Appeal Panel

25. Once the proposed membership of the RGSC Grievance Appeal Panel has been decided and usually within 10 working days, the candidate is to be informed of the following by email:

• the candidate's right to be heard by the Grievance Appeal Panel personally or by way of a written submission, or both;
• possible structure for the written submission (eg executive summary, detailed chronology, possible solutions, supporting evidence) together with a statement that the candidate is not bound by such advice;
• the candidate's right to be accompanied and assisted at the appeal hearing by another person who is permitted to support the candidate but not advocate for the candidate and who cannot be employed as a lawyer for this purpose; 
• the person(s) against whom the grievance has been made will also be provided with an opportunity to present their case to the Grievance Appeal Panel;
• the appropriate support services available to the candidate (eg Monash Postgraduate Association, Community Services);
• the proposed membership of the RGSC Grievance Appeal Panel and the candidate's right to veto one member of the Grievance Appeal Panel as originally composed;
• the requirement to notify the Manager of the Monash Research Graduate School (or nominee), in writing, within 10 working days of the date on which this email is sent, how he or she wishes to be heard by the Grievance Appeal Panel, whether he/she wishes to be accompanied at the appeal hearing and whether he/she wishes to exercise his/her right of veto.  If the candidate wishes to be heard by written submission, the document will be required to be submitted to the Manager of the Monash Research Graduate School (or nominee) together with this response.

Responsibility

Manager, Monash Research Graduate School (or nominee)

26. The candidate will be required to respond to the above email within ten working days of the date on which the email was sent by the Manager of the Monash Research Graduate School (or nominee). The candidate is to indicate:

• whether he/she wishes to be heard personally or by way of a written submission or both;
• whether he/she wishes to be accompanied by a support person (but not someone employed as a lawyer for this purpose) and the name of that person; and
• whether he/she wishes to exercise their right of veto of the membership of the Grievance Appeal Panel and if so, against which proposed member.

If the candidate has elected to be heard by written submission, he/she must provide this submission to the Manager of the Monash Research Graduate School together with the information above within 10 working days of the date on which the email was sent by the Manager of the Monash Research Graduate School (or nominee) in Section 25

Responsibility

Candidate

27. As soon as possible following receipt of the candidate's above response, a further email is to be sent to the candidate with the following information:

• the final membership of the Grievance Appeal Panel; and
• the proposed time, date and location of the appeal hearing.

28. Concurrently, the person or persons against whom the grievance has been made, is/are to be informed of the following by email:

• a Research Graduate School Committee Grievance Appeal Panel will be convened to consider the candidate's appeal against the decision/offer made by the relevant Associate Dean responsible for research degrees in response to the candidate's academic grievance;
• the membership of the Grievance Appeal Panel;
• the proposed time, date and location of the appeal hearing;
• the right for the person or persons to be heard personally or by way of a written submission or both;
• the requirement to notify the Manager of the Monash Research Graduate School (or nominee), in writing, within five (5) working days of the date on which this email is sent, how he or she wishes to be heard by the Grievance Appeal Panel. If the person or persons elect(s) to be heard by written submission, the document including supporting evidence will be required to be submitted to the Manager of the Monash Research Graduate School (or nominee) together with this response.

Responsibility

Manager, Monash Research Graduate School (or nominee)

29. The person(s) against whom the grievance has been made will be required to respond to the above email within five (5) working days of the receipt of the registered letter date on which the email was sent by the Manager of the Monash Research Graduate School (or nominee). The person or persons is/are to indicate whether they wish to be heard personally or by way of a written submission or both. If they elect to be heard by written submission, they must provide this submission to the Manager of the Monash Research Graduate School together with this response within five (5) working days of the date on which the email was sent by the Manager of the Monash Research Graduate School (or nominee) in Section 28.

Responsibility

Person(s) against whom the grievance has been made

30. The candidate and person(s) against whom the grievance has been made are to be forwarded a copy of the agenda and papers for the Grievance Appeal Panel meeting at least five (5) working days prior to the meeting. An indication of time limits for presentation by either party or parties is to be included in the agenda.

Responsibility

Manager, Monash Research Graduate School (or nominee)

31. The Grievance Appeal Panel is to meet to consider the matter including the cases presented, both written and verbal, by the relevant parties. The panel is to reach a final determination on the matter.

32. The determination of the Grievance Appeal Panel is to be reported, in confidence, to the Research Graduate School Committee together with the reasons for it.

Responsibility

Research Graduate School Committee Grievance Appeal Panel

33. The Manager of the Monash Research Graduate School (or nominee) is to communicate the determination of the Grievance Appeal Panel and the reasons for it to both parties by email within five (5) working days of this determination being made.

34. The candidate is to be advised of his/her opportunity to request further review of the matter. If the candidate is dissatisfied with the outcome of their academic grievance on the grounds of procedural irregularities, he/she can request review of the matter by theUniversity Student Ombudsman. If the candidate is unsatisfied with the outcome on other grounds, he/she can request external review by the Victorian Ombudsman.

Responsibility

Manager, Monash Research Graduate School (or nominee)

Role of the University Student Ombudsman

35. The University Student Ombudsman policy and procedures provide a detailed overview of the ombudsman's role and responsibilities towards the inquiry, investigation and recommendations made in relation to a grievance. Candidates wishing to contact the University Student Ombudsman in accordance with these HDR Candidature: Academic and Administrative Complaints and Grievances Procedures should follow the procedures available (University Student Ombudsman).

Responsibility

University Student Ombudsman
Candidate

Monitoring and Reporting

36. Grievance officers within faculties, divisions and sections must ensure that files are maintained of all correspondence and other relevant documents arising from grievances, and that these files can be accessed by the Deputy Vice-Chancellor (Research) or nominee, Chair of the Research Graduate School Committee (or nominee), the University Student Ombudsman or other relevant persons.

37. Grievance officers must collate and analyse information about the type, causes and numbers of candidate grievances on an annual basis.

Responsibility

Grievance officers

38. At the start of each year, the Office of the Deputy Vice Chancellor (Research) will request that each faculty/division/unit submit a HDR grievance report of the previous year's activities outlining the extent to which HDR grievances were received and resolved, the methods of resolution employed and the extent of compliance with these procedures. The Deputy Vice Chancellor (Research) or nominee will collate reports received from grievance officers and present an annual report to the third meeting of Academic Board about the extent and patterns of HDR candidate grievances and any generic issues which he or she wishes to draw to the attention of the academic board.

Responsibility

Deputy Vice Chancellor (Research) or nominee
Grievance officers

39. Records related to grievances, which do not involve legal action can be permanently destroyed after seven (7) years. Grievance records related to legal actions taken by or against the university must be retained permanently.

Responsibility

Grievance Officers
Faculty/division/unit
Grievance Appeal Panel
Manager, Monash Research Graduate School (or nominee)
Chair of Research Graduate School Committee (or nominee)
Deputy Vice Chancellor (Research) or nominee
University Archives

Order of Hearings in relation to Higher Degree by Research Candidature

40. Candidature matters are normally heard by the Research Graduate School Committee in the order in which they are received. If more than one hearing is to occur for any one candidate, each hearing and associated committee, panel or staff member/s should be advised that other hearings are proposed.

If a candidate is faced with a termination, non-confirmation of candidature or research misconduct hearing, and subsequently files a complaint of academic grievance, the determination regarding the candidate's termination of candidature, exclusion from candidature or research misconduct should be made prior to commencement of hearings regarding the alleged academic grievance.  This priority is designed to prevent a candidate making a complaint of academic grievance in order to delay the former hearing.

No two proceedings as identified above might run concurrently.

The Dean of the faculty in consultation with the Chair of the Research Graduate School Committee, as appropriate and if required, may determine the order in which hearings should proceed. 

Responsibility

Dean
Chair of Research Graduate School Committee

Contact Person: Policy Mrgs