Please note - Swinburne University of Technology

3.2 A grievance may include behaviour outlawed by
the Victorian Equal Opportunity Act, the Federal
Racial Discrimination Act or the Federal Sex
Discrimination Act, such as discrimination on the
basis of sex or marital status, or racial harassment.
A separate grievance procedure exists to handle
cases relating to sexual harassment.
Resolving a grievance
Informal procedure
In the first instance, the student should discuss the
complaint where relevant, with the lecturer
(Higher Education Division), member of teaching
staff (TAFE Division) or member of administrative
staff in an attempt to resolve the complaint.
If the grievance cannot be resolved in this way, the
student may then raise the matter with the Head
of School.
Where a student has a complaint against a
member of staff who is also the Head of School, or
in a case where the student feels that to approach
the Head of School is not appropriate, the student
may take hidher complaint to the Pro Vice-
Chancellor or Head of School. The Pro Vice-
Chancellor or Head of School will carry out the
role otherwise assigned to the Head of School, in
these grievance procedures.
The Head of School will discuss the complaint with
the student and advise the student where
documentation describing the grievance procedure 6.
is available.
If the student's preference is for internal resolution
of the complaint, the Head of School will take a
written record of the complaint on a pro forma
grievance form.
It will contain:
a) the name of the complainant;
b) the name of the person(s) against whom the
complaint is made;
C) the date the complaint is made;
d) the date(s) the behaviour resulting in the
grievance took place;
e) a brief description of the nature of the
complaint;
f) a summary of follow-up actions taken.
The complainant will read and sign the grievance
form as being a true record, after making any
appropriate alterations.
No written record shall be taken or any further
action initiated, if the complainant is not willing to
name the respondent or does not permit the Head
of School to enter into a conciliation process with
the respondent.
In cases where complaints are made by a class 7.
(two or more students) concerning academic or
teaching staff, the complainants will not be named
and the Head of School may proceed with
conciliating and resolving the complaint.
With the agreement of the complainant, the Head
of School will then attempt to resolve the
grievance with the member of staff named in the
complaint through informal discussion and
conciliation.
Conciliation and resolution
5.1 The Head of School will meet informally with the
respondent for the purposes of:
a) outlining the grievance and naming the
complainant (except as covered by Clause 4.7);
b) making a written record of the respondent's
reply to the complaint, which is signed and
considered a true record;
c) attempting to reach an agreement with the
respondent that is acceptable to the
complainant;
d) attempting to ensure that there are no reprisals
taken against a student who has made a
complaint in good faith;
e) outlining the requirements of State and Federal
Government anti-discrimination legislation or
Council policy, where relevant;
f) advising the respondent that another staff
member will be nominated to re-assess the
student's written work in complaints relating to
course assessment.
5.2 If the grievance is successfully resolved to the
satisfaction of the complainant the informal
procedure will cease at this point.
5.3 The written record of the informal complaint will
be retained for a period of twelve months in a
confidential file in the office of the Head of
School.
Follow-up actions
6.1 The Head of School will meet with the student
each semester for a period of twelve months
following successful resolution of the complaint, to
ensure that retaliatory actions were not taken
against the student by virtue of the complaint.
6.2 The Head of School will ensure wherever
practically possible, that work presented by the
complainant will be marked independently for the
period of one year, following successful resolution
of the complaint.
6.3 Where the student is subjected to retaliation he/
she may approach the Head of School or Pro Vice-
Chancellor where appropriate and an investigation
will be instituted.
6.4 Where a member of staff is found to have
retaliated against the student, disciplinary
procedures will be instituted.
Such disciplinary action may be taken against the
member of staff complained of in the original
complaint or any other member of staff
undertaking retaliatory action.
Formal procedure
7.1 If a grievance cannot be successfully conciliated by
the Head of School to the satisfaction of the
complainant, the complainant may instruct the
Head of School to proceed with a formal
complaint.
7.2 All formal complaints will be presented to the
Appeals Committee.