H - Student Complaints Procedure

 

[Procedures for Partner Institutions: All partner institutions delivering programmes validated by the University of Exeter are required to follow the procedures below, except that 'Faculty Pro-Vice Chancellor' shall be taken to mean Head of the academic unit concerned, who shall keep the Principal of the partner institution informed.]

If you are looking for the 2020/21 procedures, please click here: Student Complaints procedure 2021/22.

1

Introduction

 

This Procedure enables complaints raised by students to be addressed promptly, fairly and reflectively in order for the University of Exeter to maintain its high standards in education and research provision and the services it provides. 

We recognise the difficult nature of making a complaint and therefore commit to considering complaints open-mindedly, supportively and impartially.

In addition, we strive to minimise student complaints by providing opportunities for students to participate in formal decision-making processes at all levels and to provide feedback through Student/Staff Liaison Committees, Postgraduate Research Liaison Forums, and other relevant student forums.    

2

Guiding principles

2.1

When a complaint is raised, we will:   

 

(a) resolve the matter at the earliest possible opportunity;

 

(b) investigate the matter fairly and thoroughly;

 

(c) ensure the process is unbiased;

 

(d) learn from the matters being raised.

2.2

Complaints will be decided based on the evidence available. When considering complaints the following will apply:

 

(a) it will be your responsibility to prove claims made in your complaint and provide evidence to support your complaint;

 

(b) the claims made in your complaint will be judged on whether the claim was more likely to happen then not based on the evidence available.

2.3

To ensure fairness for everyone involved in a complaint, we are unable to consider anonymous complaints or evidence. 

2.4

Your Voice

2.4.1

During the process you will have an opportunity to discuss your complaint with those who are considering it.

2.4.2

Such meetings will be conducted supportively allowing you to meet with and fully discuss your complaint with those considering it. 

2.4.3

Meetings will typically provide you with an opportunity to outline and discuss your complaint and provides an opportunity to those considering it to ask you any clarifying questions about your complaint

2.4.4

Meetings will not typically provide any resolution of your complaint at the meeting, although you may be asked for your opinion on how your complaint might be resolved.

2.4.5

The use of electronic visual and audio recording equipment during meetings is generally not allowed and would only be permitted at the discretion of the staff member considering your complaint.

2.4.6

These meetings are, however, optional, and you may request that your complaint be considered based solely on your written submissions.

2.5

Support

2.5.1

You are required to represent yourself throughout this process, however, we recognise the importance of having access to someone who can support you.

2.5.2

You may wish to have a supporter, such as:

 

(a) a member of the Students' Guild Advice Unit or the Falmouth and Exeter Students' Union;

 

(b) a member of the Wellbeing team;

 

(c) your personal or academic tutor;

 

(d) a family member;

 

(e) a friend;

 

(f) or anyone else you consider appropriate.

2.5.3

Your supporter may provide you with moral support, assist you in your preparation for the meeting, and help you with asking and answering questions during the meeting. 

2.5.4

Your supporter may accompany you to meetings during this process, however, you are expected to speak on your own behalf during these meetings, and it is at the discretion of the staff member considering the complaint as to whether your supporter can address the meeting.

 

2.5.5

If your supporter acts outside the described actions during a meeting, the staff member considering the complaint may suspend the meeting and ask your supporter to leave. If you are unable to continue the meeting without your supporter, the meeting will be concluded, and your complaint will be considered based on the documentation provided and any verbal representations received up to that point.

2.6

Impartiality

2.6.1

We are committed to ensuring this process is fair and free from bias.

2.6.2

No person investigating or considering a complaint will judge their own actions nor have been previously involved in the matters being considered wherever practically possible.

2.6.3

Where it is impossible to appoint someone who has not been previously involved in your case, you will be consulted on who should be appointed.

2.7

Confidentiality

2.7.1

Complaints should be kept confidential to those involved in the complaint. In doing so the following will apply:

 

(a) we will keep details of your complaint confidential;

 

(b) however, to ensure fairness, anyone named or directly involved in your complaint, will have the right to see relevant details of your complaint and evidence if it is deemed necessary to discuss your complaint with them;

 

(c) you are also expected to keep matters of your complaint confidential;

 

(d) failing to do so could be seen as an attempt to influence the outcome of your complaint and may result in the withdrawal of this procedure (see section 13 below);

 

(e) this does not stop you from seeking advice and support from relevant support services (see section 5.1 below).

2.8

Reasonable Adjustments

2.8.1

To ensure fairness, all complaints will follow the process outlined in this procedure. However, to keep the process equitable and accessible for all students, we will consider requests for reasonable adjustments to these procedures on a case-by-case basis.

3

Who may use this procedure

3.1

You may only use this procedure if: 

 

(a) you are a registered student of the University of Exeter at the time you make your complaint;

 

(b) you have made your complaint within 30 calendar days following notification of your final award or withdrawal

3.2

You are required to submit your own complaint and represent yourself during the process.

3.3

You may receive help and support from others when raising your complaint, but, we cannot accept complaints or communicate with people acting on your behalf.

3.4

Group Complaints

3.4.1

This procedure is mainly for the use of individual students. However, if you and other students share a common complaint this can be raised as a Group Complaint. 

3.4.2

At each Stage of complaint, every Group member must be copied into an email they want their complaint to be treated as a Group Complaint. Only the students copied into the email will be considered part of the Group Complaint.

3.4.3

The Group will nominate a member to act as spokesperson. The spokesperson will:

 

(a) act on behalf of the Group;

 

(b) normally be the only Group member to attend meetings about the complaint. 

3.4.4

The issues raised, and outcomes sought in a Group Complaint must apply to the whole Group. 

3.4.5

Individual experiences and outcomes cannot be considered in a Group Complaint. This does not prevent individual experiences being used as evidence to prove a Group claim.

4

In what circumstances may a complaint be raised

4.1

This procedure allows you to raise concerns about your University experience with respect to the teaching, supervision or support services 

4.2

A complaint is defined as an expression of dissatisfaction by one or more students about something the University has done or not done, or about the standard of service provided by or on behalf of the provider. Typically this procedure is designed to cover the following types of complaint:

 

(a) a failing in a University service, academic or non-academic;

 

(b) misinformation about academic programmes

 

(c) poor teaching or supervision

 

(d) insufficient facilities

4.3

This procedure does not cover complaints concerning other members of the student community or complaints about the conduct of University staff which can be found at: https://www.exeter.ac.uk/students/facultycases/complaints/#a0 

4.4

This procedure does not cover general dissatisfaction with the University’s procedures or their application. If you believe the University should consider a change of its procedure this should be raised with your academic representatives.

4.5

This procedure does not cover matters which are dealt with under the Procedures Relating to Student Academic Appeal which can be found at  http://www.exeter.ac.uk/staff/policies/calendar/part1/otherregs/appeals/.

4.6

If you wish to submit an appeal and complaint that are related, both must be submitted within the specified deadlines. We will determine which should take precedence: 

 

(a)  if your appeal depends on the outcome of your complaint, we will usually consider your complaint first, and your appeal will be considered after your complaint has been resolved;

 

(b) if your complaint depends on the outcome of your appeal, your appeal will usually be considered first, and your complaint will be considered after your appeal has been resolved.

5

Where you can find Advice and Support

5.1

Before starting your complaint, you may wish to seek advice. The following teams and staff are able to provide advice and support:

  • in Exeter: The Students’ Guild Advice Unit: advice@exeterguild.com;
  • in Cornwall: Falmouth and Exeter Students' Union: advice@thesu.org.uk or you can make an appointment with an adviser here: https://www.thesu.org.uk/welfare/;
  • the Wellbeing Service, or the Education Support Advisors for Welfare;
  • taught students: your Personal or Pastoral Tutor;
  • research students: your Supervisor or PGR Pastoral Tutor;
  • the appropriate Student/Staff Liaison Committee, Postgraduate Research Liaison Forum, or other relevant student forum;
  • the staff member nominated to deal with Complaints in the service complained about (please see the relevant webpage for the service concerned).

5.2

If you have questions or concerns about the procedure and/or the process followed during a complaint investigation, you can contact:

 

(a) for queries concerning the Early Resolution and Formal Stage: The Faculty Cases Team: https://www.exeter.ac.uk/students/administration/complaintsandappeals/complaints/

 

(b) for queries concerning the Review Stage : The University Student Cases Office contact: 01392-723329 or studentcases@exeter.ac.uk

5.3

We note that the Office of the Independent Adjudicator, the Ombudsman for Higher Education, states that “In most cases it will not be necessary, appropriate or helpful for a student to be legally represented during a complaint”. We are committed to sharing this this information with you to help you make informed decisions.

5.4

As representation is not required for you to participate in this procedure we are unlikely to cover any costs that you may incur if you chose to seek third-party representation.

6

How to complain

 

At each stage your complaint should include your personal details, the specifics of your complaint, any supporting evidence and an indication of the resolution you are seeking (which will not affect or limit the remedy we are able to offer).

Please note an informal resolution to your complaint remains possible at any Stage of Complaint.

6.1

Early Resolution Stage Complaint

6.1.1

You must complete this stage before you are able to progress to other Stages of Complaint.

6.1.2

In order to resolve your complaint as quickly as possible, you should raise your complaint with the staff member most directly responsible for the service delivery in question. 

6.1.3

Both parties are expected to make a genuine and reasonable effort to resolve the complaint at this stage. 

6.1.4

Where your complaint is about the service delivery of a staff member and you do not feel comfortable raising your complaint with them directly, you are able raise to raise your complaint with another appropriate staff member. This should be the Director of Education and Student Experience for your Department or a manager in the relevant service.

6.2

Formal Stage Complaint

6.2.1

If you have been unable to resolve your complaint at the Early Resolution Stage, you may progress to the Formal Stage.

6.2.2

You must put your complaint in writing stating with whom you to raised the matter with at the Early Resolution Stage, the outcome of this, and why you remain dissatisfied (see 8.1 below). Details of how to submit a complaint can be found on the University website here: Complaints | Faculty cases | University of Exeter

6.2.3

Along with your Formal Complaint Form, you must include a copy of your Early Resolution Stage outcome and state in your form who you raised your Early Resolution Stage Complaint with and why you remain dissatisfied.

6.3

Review Stage Complaint

6.3.1  If you remain dissatisfied following your Formal Stage outcome, you may progress to the Review Stage.

6.3.2

You must put your request for a review of your Formal Stage outcome in writing (see 9.1 below). Details of how to submit a complaint can be found on the University website here: Complaints | Faculty cases | University of Exeter 

6.3.3

You may also use this Stage of the procedure if you have made a complaint to the Students' Guild or Falmouth and Exeter Students' Union's and you have completed their Complaints Procedure, but you remain dissatisfied and wish for the University to review your complaint outcome. To do this, please follow the steps set out above (see 6.3.2).

7

Procedure for Early Resolution Stage Complaint

7.1

Initially, you should raise your complaint directly with the staff member responsible for the delivery of the service as soon as possible after the incident that prompted the complaint. 

7.2

A complaint raised more than 30 calendar days after the incident will be difficult to follow up and generally will not be accepted, unless you can demonstrate a valid reason for the delay. This will usually be independently certified medical reasons, or other extenuating circumstances.

7.3

You should contact the relevant staff member to express your intention to make a Early Resolution Stage complaint and arrange a meeting to discuss your concerns. Both parties should work together to find a suitable time to meet within a reasonable timescale, typically within 5 working days of you initially raising the complaint unless otherwise agreed upon. 

7.4

Before the meeting, it might be helpful to write down your concerns and share them with the staff member, although this is not mandatory. The staff member considering the complaint can however request that you summarise or clarify key parts of your complaint in writing if any aspect remains unclear. 

7.5

Alternatively, if a meeting is not necessary, possible or appropriate, you should email the staff member with your concerns, and indicate that a meeting is not required. 

7.6

If you decide to attend a meeting, you should state the nature of your complaint and the remedy you are seeking. It may help to take notes during the meeting. 

7.7

If you wish to attend the meeting with a supporter (see 2.5 above), you should confirm your intention to bring a supporter in advance of the meeting and provide the name of your supporter.

7.8

Normally within 5 working days of either the meeting taking place or the email outlining your concerns being sent (if a meeting is not deemed necessary, possible, or appropriate), the staff member considering the complaint will:

 

(a) either, email you (or your spokesperson, in the case of a group complaint) summarising the concerns you have raised in the meeting or by email; addressing your concerns; and outlining any proposed remedy along with the timescale for its implementation.

 

(b) or, respond with a proposed timescale for resolution. This timescale should not exceed 10 working days from the original deadline. If the staff member requires longer than the additional 10 working days to investigate your complaint an alternative timescale must be agreed upon with you. If the timescale is unacceptable to you, you may proceed to the Formal Stage of the process.

7.9

If you have not received an email within 5 working days of the meeting or email detailing the complaint, you should email the staff member considering your complaint and set a deadline of 10 workings days from your email to provide a remedy to your complaint

7.10

Early Resolution ends when one of the following occurs:

 

(a) you have received a written outcome to your complaint from the staff member of considering your complaint at the Early Resolution stage.

 

(b) you have not received a response within 5 working days of requesting a meeting to discuss your complaint with the relevant staff member.

 

(c) you have been unable to arrange a meeting within a reasonable timeframe after contacting the relevant staff member.

 

(d) you have not received a written outcome within 15 working days following a meeting or your email outlining your concerns (if no meeting was held); or, you have not received a written outcome within the alternative timescale you have agreed with the staff member. In these circumstances you should email the staff member advising them you will be making a Formal Stage Complaint.

8

Procedure for Formal Stage Complaint

8.1

To have your complaint considered formally, you must submit your complaint in writing. Details of how to do so are provided on the University website: Complaints | Faculty cases | University of Exeter

8.2

A formal complaint must be submitted within 10 working days of the conclusion of the Early Resolution Stage as described in 7.10 

8.3

Formal Complaints submitted after the 10 working day period will not normally be considered unless evidence of good cause for delay can be provided.

8.4

When submitting your complaint, please attach:

 

(a) either, an e-mail or other written confirmation to indicate that the Early Resolution Stage has been completed;

 

(b) or, evidence that you have not received a response to your Early Resolution Stage complaint within the advertised timescales in 7.10.

8.5

If you cannot demonstrate that you have attempted to resolve your complaint at the Early Resolution Stage, you may be required to return to this stage before a Formal Stage Complaint can be considered. 

8.6

If your Early Resolution Stage Complaint was deemed out of time as it was not submitted within the timescales specified in 7.2, your Formal Stage Complaint will also be considered out of time unless you can provide evidence of a valid reason for the delay.

8.7

We aim to resolve a Formal Stage complaint, previously raised at the Early Resolution Stage, within 45 calendar days of receiving it.

8.8

If a delay is likely, you will be notified and given the reasons for it. Highly complex complaints may take longer to complete than usual. 

8.9

You should expect to receive an acknowledgment from the Faculty (or delegated School) or Service within 5 working days of submitting your Formal Stage Complaint.

8.10

In exceptional cases, where clear, compelling and irrefutable evidence is provided, the Faculty Pro-Vice-Chancellor, Head of Service or their nominee may write to you with a proposed outcome after their initial review of the complaint without further investigation. You may choose to accept this outcome to settle the complaint or continue with the Formal Stage Complaint Process.

8.11

In consideration of your complaint, the following roles may be appointed:

 

(a) Lead Investigator – a lead investigator must be appointed to consider the Formal Stage Complaint.

 

(b) Investigating Officer – an investigating officer may be appointed to investigate elements of the complaint on behalf of the Lead Investigator

 

(c) Investigation Support – administrative investigation support can be provided to the Lead Investigator to assist with any tasks they require

8.12

To ensure that the investigation into your complaint is free from any reasonable perception of bias, no one who has had substantive involvement in the matters under investigation will be involved in making decisions regarding your formal complaint. 

8.13

The University Student Cases team will advise how to proceed with a complaint when a Faculty (or delegated School) or Service Area cannot appoint a Lead Investigator without substantive involvement in the matters raised and/or when the concerns involve more than one Faculty (or delegated School) or Service Area.

8.14

Where complaints involve claims against more than one Faculty (or delegated School) or Service Area, a sole Lead Investigator will be appointed to investigate all the matters raised. 

8.15

The Complaint Meeting

8.15.1

You, (or the spokesperson in a Group Complaint) will be offered a personal meeting with the Lead Investigator to explain your complaint and why you remain dissatisfied.

8.15.2

The complaint meeting will be conducted supportively allowing you to fully discuss your complaint with those considering it. 

8.15.3

The complaint meeting is, however, optional and you may request that your complaint be considered based solely on your written submissions.

8.15.4

If you have opted not to attend a meeting, but the Lead Investigator believes a meeting would be beneficial, this will be communicated to you along with the reasons for this. You still remain under no obligation to attend a meeting, but it may be necessary for the Lead Investigator or nominee to email you clarifying questions. 

8.15.5

If you choose to attend a meeting, you will meet with those investigating your Formal Complaint and an investigation support administrator may be present to take notes. You will receive a copy of these notes for your records. The use of electronic visual and audio recording equipment is generally not allowed and would only be permitted at the discretion of the Lead Investigator.

8.15.6

If you wish to attend the meeting with a supporter (see 2.5 above), you should confirm your intention to bring a supporter in advance of the meeting and provide the name of your supporter.

8.16

The Lead Investigator will conduct any investigation deemed necessary to establish the facts of the case and. If meetings are held with staff members, you are entitled to a record of the discussion(s). Such records may take the form of meeting notes or be reported in the outcome letter

8.17

All evidence considered as part of the complaint, including email correspondence, will be shared with all relevant parties. Please note that if an external investigation is subsequently conducted into your complaint, for example by the OIA, all records, emails and reports related to the complaint will be made available to them in accordance with data protection legislation.

8.18

The Formal Stage Complaint ends when you have received a written outcome to your complaint from the Lead Investigator.

9

The Procedure - Review Stage Complaint

9.1

If your complaint is not resolved at the Formal Stage, may submit a review stage complaint. Details of how to submit a complaint can be found on the University website: Complaints | Faculty cases | University of Exeter within 10 working days of the date of the final response letter from the Faculty Pro-Vice Chancellor or Head of Service (or nominee) under section 8.18.

You may also use this stage of the Procedure if you have made a report under the Sexual Misconduct Procedure or Misocnduct procedure and have received the outcome which you wish the University to review; you must submit your request for review via studentcases@exeter.ac.uk within 20 working days of receiving the outcome.

If you have submitted a complaint through the Students' Guild or the Falmouth and Exeter Students' Union and you wish to request a review of your case, you must submit your request for review via studentcases@exeter.ac.uk within 10 working days of completion of the final stage of their procedures.

Much like the University of Exeter, both the Students' Guild and the Falmouth and Exeter Students' Union have a three stage procedure for the handling of complaints, consisting of an Informal Stage, a Formal Stage and then a Review Stage - it is only once you have exhausted the internal procedures of either the Students' Guild and the Falmouth and Exeter Students' Union that you may request the University of Exeter reviews the handling of your complaint during the internal procedures of the Students' Guild and the Falmouth and Exeter Students' Union.

Full details of the Students' Guild's complaint procedure can be found here, and those of the Complaints Procedure for the Falmouth and Exeter Students' Unio can be found here.

For your request for a review to be accepted you will need to demonstrate one or more of the following grounds and provide supporting evidence:

  • That new and relevant information is available that for good and independently verifiable reasons was not available at the Formal Stage and now ought to be considered.
  • That at the Formal Stage the Faculty (or delegated School) or Service failed to follow the University's procedures.
  • That the conduct of the investigation into your complaint was subject to bias and/or prejudice against you.
  • The decision reached at the Formal Stage is one at which no reasonable body (properly directing itself, and taking into account all relevant factors) could have arrived at.

9.2

The University aims to complete the Review Stage within 45 calendar days of receipt of the complaint at this stage. If there is likely to be a delay we will inform you of the reasons.

9.3

The University Cases Office will obtain a copy of the full file for the Formal complaint, sexual misconduct investigation, or a complaint considered by the Students' Guild or Falmouth and Exeter Students' Union (as relevant) and will identify a senior member of the University who has not previously been involved in the case to consider the paperwork. The senior member of the University will consider the case, along with a member of the University Student Cases team. Together they will decide whether the complaint should be rejected or whether there are reasons why it should be:

- referred back to the previous stage, for further consideration, or
- heard by a Complaints Committee

If the complaint is rejected at the Review Stage you will be sent a letter explaining the reasons for the decision. This will complete the University’s internal procedures and the letter will also be a formal Completion of Procedures letter which will set out your right to refer the matter to the Office of the Independent Adjudicator for Higher Education if the matter qualifies under its rules.

9.4

If a Complaints Committee is convened, it will be chaired by the senior member of the University (referred to above). The Committee will be a (non-standing) committee of Senate and will include a member of Senate and a full time sabbatical executive officer of the Students' Guild or the Falmouth and Exeter Students' Union, such as the President of the Guild or SU. No member of staff involved in the Committee may have been associated with the matters that led to the complaint or been involved within an earlier stage of the process.

9.5

A member of the University Cases team will prepare the documentation for the Complaints Committee meeting which will consist of all paperwork relevant to the complaint case. You may submit further documents for consideration only if there are good reasons why they were not submitted earlier. The amount of paperwork submitted must be proportionate.

9.6

The file of documents to be considered by the Committee will be sent to you at least 5 working days before the Committee is due to meet.

9.7

You, or the spokesperson if a group complaint, will be invited to attend the Complaints Committee meeting (see Section 8.2 - 8.5 below). Either party, may call witnesses. If any witnesses are to attend the meeting they will be asked to submit a written statement at least 10 working days prior to the meeting. These statements will be circulated to all parties as part of the file of documents to be considered. It will be the responsibility of the person calling any witness to ensure the statement is supplied in time to be included in the file.

9.8

The Chair of the Complaints Committee may, for good reason, refuse to allow a particular witness to be called.

10

Complaints Committee Protocol

10.1

Where a Complaints Committee is convened, it may review any relevant evidence as well as the way in which the complaint has been handled. It cannot act as a disciplinary body.

10.2

You will be entitled to attend the Committee meeting and may be accompanied by a friend, or other supporter who would usually be a member of the University or the Students' Guild Advice Unit, or the Falmouth and Exeter Students' Union. Your supporter is there to provide moral support, to support you in your preparation for the meeting, and to support you with asking and answering questions during the meeting. You are expected to speak on your own behalf, there is no automatic right for your supporter to speak on your behalf and it is at the Chair's discretion as to whether your supporter is permitted to address the Committee. Should your supporter act outside those actions described the Chair will suspend the meeting and ask your supporter to leave; in the event that you are unable to continue the meeting without your supporter the meeting will continue in your absence based on the documentation provided and any verbal representations received up to that point.

10.3

A representative party about whom the complaint pertains will also be asked to attend the meeting to give testimony to the Committee about the case at the earlier stage. This would normally be, as relevant to the case,

  • the Pro-Vice Chancellor/Head of Service (or nominee), or
  • the Investigating Officer or Chair of a Student Major Disciplinary Board (or nominee) in respect of the review of a complaint of sexual misconduct against a student member of our community, or
  • a representative of the Students' Guild of the Falmouth and Exeter Students' Union where the University is reviewing a complaint taken through the relevant body.

10.4

You and the representative (referred to in Section 2.5 above) will be invited to join the meeting. You will first be invited to present your statement about the case. The Committee will then question you about your case. The representative will then be invited to present a statement regarding the case at the earlier stage. The Committee will then question the representative about the case. Any other relevant parties who have been called to attend the Committee (e.g. any witnesses called by the Faculty (or delegated School) or Service or yourself) will then be invited to give their testimony and answer questions put to them by the Committee.

10.5

Once all questions have been asked and answered, the Committee will invite the representative to make any closing representations.

10.6

You will then be invited to make any closing representations of your own. You and the representative will leave the meeting. 

10.7

The Committee will then retire to consider its decision. You will receive a summary outcome of the Committee's decision within 5 working days of the meeting, with a full report and a Completion of Procedures letter to follow. The Completion of Procedures letter will explain that the case has exhausted the University's internal procedures and will explain the student's right to request a review of their case with the Office of the Independent Adjudicator. for Higher Education. 

10.8

If you remain unhappy with the outcome you may refer the complaint to the Office of the Independent Adjudicator for Higher Education for consideration if the complaint  is eligible under its procedures. This must be done within twelve months of the date on which the Completion of Procedures letter was issued. Information on this process can be found at http://www.oiahe.org.uk/about-us/using-the-scheme.aspx

10.9

If you are unable to attend the Committee meeting or comply with the timescales given this will not invalidate the proceedings and the meeting may be held in your absence unless there is a valid reason for a postponement (for example illness covered by a medical certificate).

11

Out of Time Complaints

11.1

Complaints received outside the advertised timeframes of the Stage of Complaint will be considered out of time and ineligible for consideration.

11.2

If your complaint is considered out of time, you will receive a letter explaining this.

12

Non-meritorious Complaints

12.1

In exceptional circumstances, if we determine a complaint lacks merit as there is no claim of a procedural irregularity or the complaint focuses on dissatisfaction with the University following its procedures, we may designate a complaint as non-meritorious.

12.2

If your complaint is considered non-meritorious, you will be provided with written feedback on your complaint and explanation of why we have deemed it non-meritorious.

13

Removal of the Complaint Procedure

13.1

Throughout the process you and any supporter you may appoint are expected to act reasonably and fairly towards others and treat the process with respect.

13.2

We have a responsibility to protect our staff from unacceptable behaviour and ensure a safe, respectful, and tolerant working environment. Unreasonable, aggressive or abusive behaviour will not be tolerated. For more information, please see our Behaviour Policy.

13.3

Equally we will not consider complaints which are frivolous, malicious or vexatious. These types of complaints are defined as:

 

(a) complaints which are obsessive, harassing, or repetitive

 

(b) insistence on pursuing non-meritorious complaints and/or unrealistic, unreasonable outcomes

 

(c) insistence on pursuing what may be meritorious complaints in an unreasonable manner

 

(d) complaints which are designed to cause disruption or annoyance

 

(e) demands for redress which lack any serious purpose or value

13.4

If it is found that you have acted contrary to expected behaviours outlined in 13.2 and 13.3 we may limit or withdraw access to this procedure and/or refer you to the University’s Disciplinary Procedure.

13.5

The decision to limit or withdraw access is not taken lightly. If this decision is taken we will inform you of this in writing, providing the reason(s) for this action.

13.6

If your access to staff or to the Complaints Procedure is limited or withdrawn, you may appeal the decision by submitting an Appeal against Withdrawal of Procedure form along with supporting evidence within 10 working days of the being notified of this decision. 

13.7

Your appeal should be submitted to studentcases@exeter.ac.uk, where it will be considered by the Divisional Director of Education and Academic Services (or nominee) who will review the appeal with either the Dean for Taught Students or Associate Dean for Taught Students; or the Dean of Postgraduate Research or Associate Dean of Postgraduate Research.

13.8

For your appeal to be accepted you must demonstrate one or more of the following grounds and provide supporting evidence:

 

(a) Evidence of procedural irregularities 

 

(b) Evidence of bias

 

(c) Decision reached is one that no reasonable body (properly directing itself and taking into account all relevant factors) could have arrived at

13.8

If your appeal is accepted as valid, the Divisional Director of Education and Academic Services (or their nominee) will investigate the appeal and request all relevant documentation from the Faculty (or delegated School) or Service concerned. 

13.9

Following the Divisional Director of Education and Academic Services (or their nominee) investigation, you will be informed of the outcome of your appeal in writing

13.10

We typically aim to provide a outcome within 30 calendar days of receipt of the appeal. If this is not possible, we will inform you of any delay.

14

Service Improvement

14.1

Where recommendations are made by a Complaints Committee for service improvement, the Faculty (or delegated School) or Service concerned will inform the University Student Cases Office of the steps that have been taken to remedy the situation within two months of the date of the committee report.

14.2

Each year, Faculties (or delegated Schools) and Services will supply an annual report to the University Student Cases Office which will include the numbers of cases considered at the Formal Stage. The University Student Cases Office will prepare an annual report to Senate, the Faculty Boards and the University Student Exchange Group.

 [1] This procedure does not affect any individual’s statutory rights under Data Protection legislation.  Guidance about this may be found at https://www.gov.uk/data-protection/the-data-protection-act 
[2] This includes anyone registered on a University of Exeter programme of study, including Degree Apprenticeship programmes.

The informal stage ends when one of the following applies: 

  • When you have received a written outcome to your informal complaint from the member of staff considering your complaint at the informal stage  
  • When you have not received a response within 5 working days of requesting a meeting to discuss your complaint with the member of staff responsible for the area of work about which you wish to raise a concern.

Complaint form - request for review