Grievance Procedure
- Guiding Principles
- First Point of Contact
- Steps and stages in the grievance procedure
- Outcomes of the grievance procedure
- Preventing harassment
- Grievance process flowchart
Guiding Principles
In resolving reported complaints the University shall operate under the following guiding principles:
- the need for fairness and equity
- the need for a prompt effective resolution in a non-threatening, confidential environment
- the availability of support for each of the complainant and the respondant without the actuality or perception of bias
- natural justice for the parties involved
First Point of Contact
Research has established that the most difficult step for a person being harassed or discriminated against is the initial approach to discuss the problem.
The University grievance procedure for the resolution of Reported Complaints of Harassment or Discrimination is flexible in this regard, allowing the harassed person a wide range of options for the first point of contact about the complaint.
A complaint may be discussed confidentially with the supervisor or manager of the area, a University Contact Officer, the Student Equity and Diversity Officer or the Student Guild.
The complainant has the right to approach, at any time, external bodies such as their union or the Equal Opportunity Commission.
Steps and stages in the grievance procedure
The procedures detailed below focus on a non-judgmental analysis of the communications between the parties. The conflict resolution will be in terms of the parties' perceptions, feelings and wishes, rather than in terms of proving facts.
If the following informal procedures (Stages I & II) do not achieve resolution, then the Vice-Chancellor's Group may intervene at a formal level (Stage III).
Stage I (Informal Resolution)
- Student and Student Equity and Diversity Officer, clarify the complaint and student's desired outcomes. The student may choose to leave the identity of the person against whom the complaint is made anonymous during Stage I.
- If the student agrees, the student and/or the Student Equity
and Diversity Officer may consult another person. Private, off-campus
consultations will be arranged on request.
- The student may be advised of the need to keep a specific, written record (with dates) of the events perceived as harassing or discriminating.
- In many cases, at this early stage of conciliation, the student may be counselled in detail, on how to confront the other person in an appropriate way, clearly stating their objection to the behaviour and foreshadowing the consequences of any persistence of behaviour. These are outlined below in Stage II and III.
- Student Equity and Diversity Officer will schedule a review of the outcome of this counselling in a further private discussion with the student.
Stage II (Conciliation Process)
Conciliation involves listening to the perceptions of both sides and then suggesting some form of agreed remedial action that is mutually acceptable to the parties involved and to the University.
- Should the issue not be resolved, (Stage 1: Informal Resolution)
in consultation and with the student's permission, the student
may be referred to the relevant Dean or Director. The aim at
this stage is to attempt to conciliate the complaint unless the
complaint is of such a serious nature that it is referred, in
cases involving staff, to the Human Resources Division for action
under the appropriate award provisions, or in the case of students
the appropriate procedure as detailed in the University Statutes
and By-laws. At this stage:
- If the matter is to be conciliated, the person who is the subject of the complaint will be informed in writing, normally within 3 working days of receipt of a formal complaint, of the nature basis of the complaint and the conciliation process.
- The person against whom the complaint has been made will be given the right to respond either in writing or verbally. The person will be informed that they do not have to answer or respond immediately and an appropriate period for response will be set. Two weeks would normally be considered appropriate.
- Depending on the response to the allegations and
if appropriate, a settlement that is mutually satisfactory
to both parties, and acceptable to the University,
will be attempted in order to resolve a complaint.
The conciliation process would normally be completed
within one month of receipt of a formal complaint.
If no settlement is achieved it may be necessary for the Student Equity and Diversity Officer to make further enquiries. Alternatively, the Vice Chancellor may appoint an independent person to investigate the complaint. - Both the student and the respondent will be advised in writing, if conciliation process is expected to last beyond the agreed time or if further enquiries are to be made.
- Temporary relocation of either party may be negotiated in an attempt to avoid negative consequences which may arise during investigation of a complaint.
- The Student Equity and Diversity Officer will follow up any resolution reached at this stage after a suitable time interval by consulting each party separately. If the problem is resolved, the issue is then considered closed and the parties will be formally notified.
Outcomes of the grievance procedure
- The resolution of the complaint may take a number of forms, such
as an apology, either verbal or in writing, agreement to speak
only on work or professional matters, or the transfer of one
of the parties. Resolution can also include, in some circumstances,
reinstatement of conditions lost as a result of the behaviour
or actions that constitute the complaint.
The resolution should not disadvantage the person who has complained. - In the event of the above steps not leading to a resolution,
or being curtailed by other factors, such as unwillingness to
attend and participate in the problem solving discussions or
failure to provide any response to the allegation the matter
may:
- be dismissed if nothing further can be gained by continuing
- be dismissed if the complaint is frivolous
- be referred to the Vice Chancellor of Faculty for further investigation
- be referred to the Vice Chancellor's Group or other appropriate University bodies; or
- be dealt with under the appropriate award conditions, statutes or By-laws.
Both parties will be advised in writing of the action taken by the University and its reasons for doing so.
- If the complaint is not settled, the student will be advised of the options available should they wish to proceed with the complaint and of the need to lodge a formal grievance with the Vice Chancellor, who will determine whether the grievance should be dealt with under the Formal Resolution Procedures or the University's disciplinary procedures.

