Complaints Policy

Introduction

“Bath Spa University’s Vision is to be a leading educational institution in creativity, culture and enterprise. Through innovative teaching and research, the University will provide a high quality student experience.”

In delivering this Vision the University values the views of students highly and welcomes constructive feedback, which can be both positive and negative. We recognise that from time to time things can go wrong and there are a number of informal channels through which we hope problems can be resolved.

In cases where an informal solution cannot be found, the Complaints Policy may be invoked. This document explains the Complaints Policy and procedure and specifies the steps that should be taken to resolve problems. All genuine complaints will be treated seriously and impartially, according to the procedures set out in the Complaints Policy.

The Complaints Policy and procedure are subject to the Articles of Government of the University. The Complaints Policy sits alongside the Appeals Procedure relating to the decisions of Examination Boards; the provision of the General Student Regulations; and the Grievance Procedure agreed between the University and the recognised trade unions.

Responsibility for implementing the Complaints Policy lies with the Executive Officer to the Vice-Chancellor, supported by the Complaints Officer. Under this policy, both individuals are authorised to act as Complaints Officer.

What is a complaint?

a) A complaint is as any expression of grievance that a University service has failed or is failing to meet reasonable expectations, or that a member of staff or a student has behaved or is behaving unreasonably.

b) Complaints may be made by any person with a reasonable interest or involvement in the grievance expressed. Complaints may be made on behalf of the complainant, by third parties. Third party complaints must be authorised in writing by the complainant before any action can be taken in response.

c) The Complaints Policy will not be invoked in response to anonymous complaints as we are unable to respond to the complainant. However, any anonymous complaints received will be recorded in the complaints log and circulated to the relevant line manager(s) for noting

d) Employees of the University may not use the complaints procedure to complain about other staff. Any such complaint should be raised through the University’s grievance procedure managed by the Human Resources Department.

e) Complaints must be deemed to be genuine for the Complaints Policy to be invoked. The Complaints Officer may refuse to hear complaints s/he considers to be vexatious or frivolous. In these circumstances the complainant would be advised of the reason for the decision.

f) Complaints made against students will be managed in accordance with the procedure at Annex A. All other complaints will follow the procedure at Annex B.

What can I complain about?

Grounds for complaint include:

a) Deficiencies in standards of service (which might include problems with support facilities such as welfare, accommodation and teaching facilities)

b) Harassment, bullying and victimisation

c) Dissatisfaction with standards of teaching provision (for example, the basic academic framework such as structure, arrangements for assessment and information provided about a course)

d) Dissatisfaction with the arrangements of the provision for supervision and tuition

e) Failure to meet obligations such as those set out in the prospectus, Student Charter, disciplinary policy (including plagiarism) and management of student placements

f) Other deficiencies in the quality of the student experience

What can I not complain about?

In line with the policies set by the Office of the Independent Adjudicator for Higher Education (OIA) we will not consider complaints about:

a) Admission decision
b) Assessment (instead, use the appeals procedure)
c) Student employment
d) Matters already considered by a court or tribunal, unless formally stayed
e) Academic judgement or teaching quality

What is academic judgement?

OIA definition:

“The OIA cannot interfere with the operation of a university's academic judgment. Our Rule 3.2 states that we do not cover a complaint to the extent that it relates to a matter of academic judgment. "Academic judgment" is a term found in Part 2 of the Higher Education Act 2004, so its interpretation will ultimately be for the courts. However, in our view academic judgment is not any judgment made by an academic. It is a judgment that is made about a matter where only the opinion of an academic expert will suffice.

For example, a judgment about assessment, a degree classification, fitness to practise, research methodology or course content/outcomes will normally be academic judgment. But the fairness of procedures, the facts of the case, misrepresentation, the manner of communication, bias, an opinion expressed outside the area of competence, the way evidence is considered and maladministration in relation to these matters are all issues where we have advised universities that academic judgment is not involved.

So, we cannot put ourselves in the position of examiners in order to re-mark work or pass comment on the marks given. However, we can look at whether the university has correctly followed its own assessment, marking and moderation procedures, and whether there was any unfairness or bias in the decision-making process.”
The Bath Spa University complaints procedures allow for students to make complaints against those elements of the OIA definition that are permissible for investigation under their rules.

Making a complaint

a) Complaints must be made within three months of a perceived problem or grievance occurring and should be addressed to the Complaints Officer. Unless there are exceptional circumstances, the University will not hear a complaint which is raised more than three months after a perceived service failure.

b) The University will keep a complaint confidential in as far as is necessary to comply with its data protection obligations. No complainant or person complained against will be discriminated against while the complaint is being dealt with. We may deem it necessary to divulge certain information if the University believes there is a Health and Safety risk.