1.      SCOPE

1.1.  This policy covers adverse decisions or actions relating to an enrolled student’s experience at the University, including complaints of discrimination, harassment or serious grievances, other than those addressed in a Statute, Rule, Order, policy or procedure of the University with its own complaint and appeal mechanisms - for example;

• fees,
• academic performance,
• discipline, or
• library and IT access

1.2.  Upon receipt of a complaint the University will determine, based on the information provided, under which of its policies or rules it will be considered.

1.3.  Where a complaint concerns an enrolled student who is also employed as a staff member of the University, the complaint may be addressed under this policy or under the related policy for staff complaint resolution, as appropriate. Where a process is instituted in good faith under either the staff or student complaint policy, that process will be continued.

1.4.  A student may refer a matter to an external body (such as the Human Rights and Equal Opportunity Commission) at any time.  The University may suspend or cease an internal review of a complaint if an external review is conducted.

1.5.  International students may seek to have an external review of a complaint in accordance with the Education Services for Overseas Students (ESOS) Act 2000 National Code http://www.dest.gov.au/sectors/international_education/.  The University may suspend or cease an internal review of a complaint if an external review is conducted under these provisions.

2.        REVIEW OF STUDENT MATTERS OF CONCERN

2.1.  The Australian National University (‘the University’) is committed to providing a work and study environment that is responsive, safe and fair for all members of the University community.  The University also has legal responsibilities to students with regard to behaviour, work practices, policies or processes that may constitute unlawful discrimination, harassment, victimisation or vilification.

2.2.  An essential part of developing that environment is ensuring that students are encouraged to raise concerns in the knowledge that a responsible officer will take prompt and effective action if the concern cannot be resolved by the student.

2.3.  Wherever possible, such concerns should be resolved by a process of discussion, cooperation and conciliation as soon as possible after an incident or situation has occurred.

2.4.    The aim is to reach an acceptable outcome that minimises any potential detriment to ongoing work or study relationships.

2.5.  A student who feels that a matter has not been resolved informally may initiate a formal complaint following the student complaint resolution procedures.

3.      PRINCIPLES FOR COMPLAINT RESOLUTION

3.1.  Complaint resolution is an integral part of line managers' and supervisors' duties, which also include responsibility for identifying, preventing, responding to and redressing problems experienced by students.

3.2.  Complaints should be treated seriously, expeditiously and sensitively, having due regard to procedural fairness, confidentiality and the potential for victimisation.

3.3.  Complaints that are frivolous, vexatious or lacking in substance click save as will not be investigated.  Students are expected to participate in the complaint resolution process in good faith.

3.4.  Since the aim of this process is to resolve problems, which will often involve negotiation, conciliation or mediation, it is not possible to use the complaint resolution process for anonymous complaints.

3.5.  It is desirable to have a complaint resolved expeditiously and the University’s aim is to ensure that a complaint is resolved in the best way possible for all involved parties. 

3.6.  Complaints should be handled as close as possible to their source.  This may be influenced by the nature of the complaint.

3.7.  Both the complainant and the respondent will receive appropriate information, support and assistance in resolving the complaint.

3.8.  A student may seek the assistance of an association or independent advocate for the resolution of a complaint.

3.9.  Requirements relating to confidentiality and privacy extend to the use and storage of any information and records related to a complaint.

DISCRIMINATION AND HARASSMENT

Resolution of complaints relating to bullying, discrimination, harassment, victimisation or vilification is an important feature of the policy.   These terms are defined below: 

a)      Bullying: Unreasonable and inappropriate behaviour that intimidates, offends, degrades, insults or humiliates a student. This behaviour can be physical or psychological.

b)      Discrimination:  Unlawful discrimination can occur when someone, or a group of people, is treated less favourably than another person or group because of a specified attribute such as their race, colour, national or ethnic origin, gender, pregnancy, breastfeeding, relationship status, carer status, age, disability; sexuality, union affiliation, religious or political conviction or any other characteristic specified in legislation.

c)      Harassment: Unlawful harassment can occur when someone feels intimidated, insulted or humiliated because of their race, colour, gender, national or ethnic origin, disability, sexuality or any characteristic specified under human rights legislation. It may also refer to working in a hostile or intimidating environment. The behaviours can be overt or subtle, verbal, non-verbal or physical.

d)      Sexual harassment is any unwanted, unwelcome or uninvited behaviour of a sexual nature that results in a person feeling humiliated, intimidated or offended.  It can involve physical or other contact or verbal remarks of a sexual nature.

e)      Victimisation is the unfair treatment of student, including threats or intimidation, as a result of the student taking action under University student policies or because they have supported someone else who has taken action under University student policies. Unfair treatment may include adverse changes to a work or study environment, denial of access to resources, work opportunities or training, or ostracism.

f)       Vilification is the public act of a person that incites hatred towards, serious contempt for, or severe ridicule of a person or group of persons on the grounds of race, sexuality and HIV/AIDS. Vilification is considered within the harassment requirements of this policy. However, vilification does not include, for example, legitimate academic debate about issues that might include discussions of race, sexuality and HIV/AIDS.

Policy 167b/2007 replaces:

Policy for Discrimination and Harassment Grievance Resolution (270/2002)
Grievance Procedures for Graduate Students (59A/1989)