8. Grievance mediation

8.1 Every attempt will be made, through use of mediation, to resolve any student grievance which has not been resolved through the above early informal management processes.

8.2 The University will nominate appropriate persons to act as mediators to facilitate resolution of formal student grievances. Nominated mediators will be drawn from the academic and general staff of the University or elsewhere in exceptional circumstances and will have a thorough knowledge of University policies and procedures and appropriate training and skills in mediation. In some circumstances an external mediator may be used.

9. Invocation of grievance management process

9.1 A grievant who has been unable to resolve a grievance at the informal stage may invoke the formal grievance management process. In doing so, the grievant is responsible for ensuring that the matter raised has substance and is genuine and must participate in the process in an appropriate manner and honour any agreement reached to resolve the grievance.

9.2 To invoke this process the grievant will provide to the appropriate senior University officer (for example, Dean, Director, Campus Dean, Pro-Vice-Chancellor) a written statement –

1. outlining the nature of and grounds for his/her grievance, including the names of any other party/ies, the time, date, place and any witnesses to the alleged matter of grievance;
2. indicating the steps taken to date, including advice sought and provided, and any action taken by the grievant subsequent to obtaining such advice;
3. providing any relevant supporting documentation;
4. indicating what the grievant considers to be a satisfactory solution of his/her grievance; and
5. including the name and signature of the grievant.

The material submitted must be sufficient to enable the other party/ies to respond.

10. Action by the senior University officer

10.1 The senior University officer will review the material submitted by the grievant to ensure that it falls within the ambit of this policy and that sufficient information has been provided to enable the grievance management process to progress.

10.2 If the senior University officer considers that -

1. the matter falls outside the ambit of this policy; or
2. the matter requires urgent intervention (eg cases of potential harm to another person)
   
   then the officer may take such action as deemed appropriate in the circumstances. In cases covered by paragraph (b) above, the officer will report action taken to the Vice-Chancellor.
   

10.3 In any other case, the senior University officer will normally, within ten working days of receipt of the notice of grievance, notify the respondent of the grievance and provide the respondent with the right of reply; such reply will normally be required within ten working days of the notice of the grievance.

10.4 Following consideration of the response by the respondent the senior University officer will determine whether the matter should proceed to mediation, and if so will -

1. appoint a mediator;
2. advise the grievant of the name of the person appointed as mediator;
3. provide the mediator with a copy of the documentation lodged by the grievant in outlining his/her grievance and the response provided by the respondent.

10.5 When appointing a mediator, the senior University officer will give consideration to the subject matter of the grievance, the particular expertise of the trained mediators and their availability to facilitate the process expeditiously. The appointed mediator will have had no prior involvement in the subject of the grievance and will be in a position to handle the matter in an independent and unbiased way.

10.6 In the case of a grievance involving an external agency (eg related to a student’s practical placement), the senior University officer may request the relevant Head of School to investigate the matter and/or negotiate with the external agency before or instead of proceeding to appoint a mediator.

11. Mediation process

11.1 The role of the mediator is to –

1. familiarise him/herself fully with the grievance documentation (the material provided by the grievant and the response received from the respondent);
2. where possible and with the agreement of the parties, bring the parties together with a view to obtaining a common understanding of the issues and the needs and perspectives of all parties;
3. through listening, common understanding of the issues and discussion of possible solutions, endeavour to obtain outcomes satisfactory to all parties;
4. prepare a report on the mediation process and provide a copy to all parties for their signature as an accurate representation of the process and its outcomes;
5. interact with University management in order to facilitate resolution of the grievance and achievement of any outcomes agreed through the mediation process.

11.2 The mediator may choose to appoint an observer to attend any meeting of the grievant and respondent and/or other relevant parties.

11. 3 The mediation process is confidential to the parties involved and no information should be divulged by any party other than as agreed during the course of mediation.

11.4 The mediation process should normally be concluded within ten working days of the nomination of the mediator by the senior University officer.

12. Support and/or representation during the mediation process

12.1 During the mediation process the grievant and respondent may, if they so wish, each be accompanied by one other person, other than a legal representative. Such other persons will act in the role of neutral observer and shall not advocate on behalf of the grievant or the respondent.

12.2 In cases of special need, a translator/communicator may be present. The person may not advocate on behalf of the grievant or the respondent.

13. Reporting on mediation of grievances

13.1 On conclusion of the mediation process, the mediator will provide a copy of the signed report (see section 11.1(d) above) to the relevant senior University officer (normally within ten days of appointment of the mediator).

13.2 Documentation relating to the mediation of formal grievances will be returned to the senior University officer and held in a confidential grievance file (not on the individual student or staff file) located in a secure place.

13.3 Each senior University officer will maintain a register of mediation processes which they have managed and provide an annual report to the Vice-Chancellor in December each year.

Appendix 2 summarises the formal process to manage grievances.