Policy - AAC01014

The purpose of this policy is to ensure that learners have access to a concern and complaints resolution process that is timely, fair, effective, and upholds the principles of natural justice.

Advocate: The person who assists the learner by being present and guiding them through the process. The role will normally include observing that the process is followed, and/or advising the learner regarding the process and options. An advocate can be the Student Success Advisor, Learning Advisor or their nominee or any person nominated by the learner.

Concern: A matter that does not amount to a complaint that is likely to be resolved through discussion with the learner and other relevant people, including matters that have little impact on the learner.

Complainant: A person raising the complaint in written or digital form (auditory or visual).

Complaint: An expression of dissatisfaction where the learner seeks some form of redress or change in a situation; where the learner considers that there has been a direct and significant adverse impact on him/her, which requires a formal process or resolution.

Delegated authority: The Academic Director (or delegate) who exercises delegated authority to resolve academic appeals, complaints, and learner disciplinary matters not resolved at a lower level for each business division.

Institution: The institution that is referred to in this policy is Future Skills Academy or Ashton Warner Academy.

Natural justice: The three main requirements of natural justice that must be met in every case are: adequate notice, no bias and fair hearing.

A process conducted without bias that includes three key rules:

• In an investigation, the subject of the complaint must be advised of the allegations in as much detail as possible, given time to prepare and present their side of the story including evidence and must be given the opportunity to reply to the allegations.
• Investigators and decision makers must be impartial and act without bias in procedures connected with the making of a decision. Decisions must be based on a balanced and considered assessment of the information and evidence.
• Decisions must be based on logical proof or evidence. Investigators or decision makers should be able to clearly point to the evidence on which the decision is based. Evidence presented by one party must be disclosed to the other party, who may then subject it to scrutiny.

Respondent: The party whom the complaint is about. This may be a student or a staff member.

1. The principles of natural justice will be applied when resolving concerns and complaints.
2. Information on the concerns and complaints process is accessible.
3. Complaints are resolved in a timely and consistent manner.
4. Learners are treated with respect, fairly and without bias.
5. Information is shared with those who need to know, being mindful of the rights of the complainant and any individual named and involved and the privacy act.
6. Complainants have the right to withdraw their complaint at any time.
7. All parties are entitled to an advocate and support at all steps in the concerns and complaints process.
   1. The Institution ensures information on support services is available to the complainant and any individuals involved.
   2. At any time during the process, the complainant and any individuals involved are entitled to access support from internal and external services.
8. All parties affected by a complaint are kept regularly informed of the progress of the complaint, given an opportunity to present evidence, and to read interim findings and recommendations before a decision is made.
9. The Institution treats complaints as a valuable form of feedback and an opportunity for improvement where applicable and appropriate, and to promote continuous quality improvement.

1. Concerns
   1. Learners are encouraged to resolve their concerns either directly with the person involved or by contacting their lecturer or Student Success or by completing the Learner Concern and Complaint Form (Appendix A).
   2. Staff directly involved will either manage the resolution of the concern or refer the matter to the delegated authority, who will identify the appropriate person to follow up and resolve the concern.
   3. If the learner wishes to be contacted, they will be kept informed or advised of the outcome within five (5) working days.
   4. If a concern cannot be resolved to the satisfaction of the learner, they may make a formal complaint.
2. Complaints
   1. Where possible the complaint should initially be raised and in most cases should be resolved by the person(s) directly involved as soon as possible after the incident or situation has occurred.
   2. Where a resolution at this level is not possible, or the complainant is unable to identify the appropriate person to contact, or deems it inappropriate to do so, they may contact their lecturer or Student Success in person or by email to discuss the complaint and seek resolution.
   3. The Student Success team will provide information about the Resolution of the Complaints policy and support the learner to seek resolution with the respondent, or the Head of Department and other parties, if necessary, within ten (10) working days.
   4. If the learner believes that the complaint is still unresolved, the Student Success staff will advise and support the learner to provide a written account of the complaint to the delegated authority. This should include the nature of the complaint, its context and the proposed redress they seek.
   5. The complainant can make their complaint in person or in writing or by completing the Learner Concern and Complaint Form (Appendix A) normally within twenty-one (21) working days of the incident or issue. Any staff member who receives an oral complaint puts it in writing to the satisfaction of the complainant and sends it to the Student Success team.
   6. Complaints made twenty-two (22) or more working days following the incident or issue, may proceed at the discretion of the delegated authority.
   7. The delegated authority will acknowledge receipt of the complaint within three (3) working days. The complaint will be numbered, dated, and recorded in the Notification, Complaints, Discipline and Appeals Register (the ‘Complaints Register’).
   8. The delegated authority will conduct an investigation, liaising with the complainant, respondent and line manager to seek a resolution. All relevant documents will be circulated to the complainant and respondent at least two (2) working days prior to any meeting or mediation/conciliation/restorative justice.
   9. Where the complaint is about a staff member, the delegated authority, with the consultation of the respondent's line manager, during or after their investigation, may involve People and Development (P&D), if deemed appropriate. Depending on the nature of the complaint, the P&D department may use any relevant P&D policy to assist the delegated authority in resolving the matter.
   10. The delegated authority will respond in writing to the complainant to advise the result of the investigation and decisions/resolutions made within thirty (30) working days of receipt of the complaint. The resolution and any resulting actions will be recorded in the Complaints Register and a decision will be implemented. The communication will also include the complainant’s right to appeal if they are not satisfied with the outcome.
3. The Institution will, where possible, ensure that actions are taken, and process improvements are made where appropriate and applicable, as necessary to prevent complaints of the same type reoccurring.
4. At all times throughout this process, the complainant has the right to involve a support person of their choice or to withdraw the complaint. It is the responsibility of the staff member involved to advise the learner of this right.
5. Feedback on the complaints process may be sought from the complainant on their experience of the complaints process and will be used for continuous quality improvement of the procedures.
6. Documentation and reporting
   1. The delegated authority will register all complaints and resolutions on the Institution’s register. Access to the register will be restricted.
   2. Documentation relating to the complaint is kept in accordance with relevant legislation.
   3. Any reports generated from this register will maintain the privacy of the complainants and any other persons involved in the complaint in accordance with the Privacy Act (2020).
   4. The delegated authority reports to the Divisional Chief Executive on the overall numbers and nature of complaints and outcomes for the year, and an annual report is published in accordance with the Education Code of Practice.

Approved policies and procedures are always intended to comply and conform with the current Ministry of Education, Tertiary Education Commission (TEC), New Zealand Qualifications Authority (NZQA,) and other external agency legislation requirements and procedures.

AAC01002 - Appeals Policy 

AAC01015 - Learner Discipline Policy 

(AAC01015-1) - Learner Rights and Responsibilities 

Human Rights Act 1993

Privacy Act 2020

Bills to Rights Act 1990

The Education (Pastoral Care for International Students) Code of Practice 2021

Harmful Digital Communications Act 2015

Learner Concern or Complaint Form: Link to Online Form

 
(Sample Form)

Resolution of Learner Complaints flowchart