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► NTSU Complaints Procedure

1. Introduction

An individual complaint against the Union may arise from a number of causes and it is desirable that any such grievance be resolved quickly and informally. The formal complaints procedure shall apply where a grievance has not been satisfactorily addressed by informal means.

2. Application

This procedure is available to all students and applies to all individual matters relating to the Union of Students, except where other formal procedures have been approved (e.g. the Sports and Societies Committee can consider complaints against individuals or Sports and Societies, and the Returning Officer can consider complaints against election candidates). Where a student has used such procedures and remains dissatisfied, he/she may complain via this procedure.

For the avoidance of doubt, this procedure covers complaints relating to a student’s right to not be a member of the Students Union without being unfairly disadvantaged.

This procedure does not apply to complaints regarding the performance and/or behaviour of Elected Officers. Complaints regarding the performance and/or behaviour of Elected Officers must be submitted in accordance with the procedures given in the Democratic Process Document.

3. Rights of representation

At any stage in the procedure, a student shall have the right to be accompanied by another person.

4. Informal discussion

Before invoking the formal procedure, a student is expected to have discussed their complaint with the immediate provider of the service (e.g. bar manager, club chairperson) or, where this is not appropriate, with the relevant Elected Officer of the Student Union.

5. Time limits

It is expected that complainants wishing to make use of this procedure will do so within 25 working days of the date when the matter giving rise to the complaint occurred.

Complaints submitted outside of the time limits stated at all stages within this procedure will be accepted only at the discretion of the relevant person identified at the particular stage of the procedure that the complainant is at. Where a relevant person does not accept a complaint submitted outside of the time scales identified in this procedure, this cannot of itself constitute grounds for a complaint.

Note: The Student Union recognises that complaints are a valuable form of feedback from members about how the Student Union can continue to improve and develop. It is expected that, where a complaint is submitted outside of the time limits stated at any stage in this procedure, the relevant person receiving the complaint will not unreasonably refuse to accept it and follow due process.

If a complaint is not heard within a time limit stated in this procedure, or within any extended time limit agreed with the complainant, the complainant may move to the next stage in the procedure. Time limits are expressed as working days and therefore exclude Saturdays, Sundays and Bank Holidays and other days when the Student Union is officially closed.

At each stage of this procedure, where a complainant is required to request that his/her complaint is progressed to the next stage of the procedure, the 10 working day period will commence on the working day following the date on the letter of reply from the Student Union.

6. Disciplinary procedure

Exceptionally, where a complaint relates to a matter of discipline under which disciplinary action is being considered or in progress, the Student Union may defer action under this procedure pending the conclusion of disciplinary action.

The Complaints Procedure

Stage 1

(a) A student shall refer their complaint either verbally or in writing to the immediate provider of the service or, if the complaint relates to the immediate provider of the service, to the relevant Elected Officer of the Student Union.

(b) The immediate provider of the service will investigate the complaint and will reply in writing within 10 working days of the complaint being submitted.

(c) Unless the complaint was submitted to an Elected Officer under (a) above, a student dissatisfied with the reply given under (b) shall submit their complaint to the relevant Elected Officer of the Student Union within 10 working days of the reply.

(d) The relevant Elected Officer will investigate the complaint and will reply in writing within 10 working days of the complaint being submitted.

(e) If the student is not satisfied at this stage, he/she may move to Stage 2 below.

Stage 2

(a) The student shall submit their complaint, in writing, to the President of the Student Union within 10 working days of the reply given at Stage 1 (d) above.

(b) The President (or his/her delegate) will acknowledge receipt of the complaint within 10 working days, in writing, to the complainant. The President (or his/her delegate) will consider the complaint and carry out his/her own investigation. Where possible/appropriate, the President (or his/her delegate) will attempt an informal resolution of the complaint. Where any informal resolution is proposed, it shall be notified in writing to the student within 15 working days of receiving the written complaint. If the President (or his/her delegate) does not consider that the student’s complaint can be addressed informally, he/she shall convene a hearing within 10 working days of receiving the written complaint.

(c) Where the student is dissatisfied with an informal resolution of their complaint proposed under Stage 2 (b) above, he/she may – within 10 working days of the notification of that informal arrangement - request in writing that a hearing be convened.

(d) Where a hearing is necessary under Stage 2 (b) or (c) above, the President (or his/her delegate) shall convene a hearing within 10 working days of receipt of the complaint in 2(b) or the request from the student in 2(c).

(e) The President (or his/her delegate) may, after consultation with the student, invite or instruct, as appropriate, relevant witnesses and other parties to the complaint to attend for all or part of the hearing.

(f) The President (or his/her delegate) shall chair the hearing and shall appoint a panel to hear the complaint. The panel will consist of the Chair and two other Elected Officers. A member of the Student Union Senior Management Team may also be invited to attend to act in an advisory capacity to the panel. The Chair, the panellists and the invited Senior Manager acting as advisor shall have had no direct or indirect connection with the complaint nor shall they have been appointed under earlier stages of this procedure.

(g) The Chair of the panel shall notify the student of its decision in writing within 5 working days of the hearing.

(h) If the student is still not satisfied, they may move to the final stage below.

Final Stage 3

(a) The student shall submit their complaint in writing to the Clerk to the University’s Board of Governors within 10 working days of receipt of the reply given at Stage 2 (g) above.

(b) The Clerk to the University’s Board of Governors (or his/her delegate) will acknowledge receipt of the written complaint within 10 working days.

(c)The Clerk to the University’s Board of Governors will consider the complaint and where he/she deems it appropriate may make a further attempt at resolving the complaint by asking the President (or his her delegate) to reconsider the decision of the Panel in 2 (g) above. Where the Clerk to the University’s Board of Governors deems it inappropriate to ask the President (or his/her delegate) to review the decision of the Panel in 2 (g) above or the decision in 2(g) above has been reviewed but is unchanged, he/she will refer the grievance to an independent person within 15 working days of receipt of the submission made under Stage 3 (a) above. The independent person shall normally be approved by both the Clerk to the University’s Board of Governors and the Chair of the Stage 2 panel.

Note: complaints that are deemed to be trivial, vexatious, malicious or mischievous will be dismissed at the earliest opportunity in this final stage of the procedure. The Clerk to the University’s Board of Governors shall have absolute discretion to determine whether and how a complaint submitted under this part of the procedure is progressed.

(d) The independent person may, if he/she deems it appropriate, arrange a meeting at which all parties to the complaint may be invited to attend. Where an invited party does not attend the meeting, the independent person shall have absolute discretion to determine whether the meeting proceeds or is postponed. If an invited party is unable to attend the meeting as a result of wholly exceptional and unforeseen circumstances, the independent person shall have absolute discretion to determine whether the meeting proceeds or is postponed.

(e) The independent person will have the right to ask questions of the parties in attendance. The independent person shall investigate the complaint and draft a report and recommendations.

(f) The report and recommendations of the independent person shall be submitted to the student and to the President of the Student Union within 40 working days of the referral under Stage 3 (c) above.

(g) The decision of the independent person is final. The Student Union shall comply with the report and recommendations of the independent person. Such compliance shall be monitored by the Clerk to the University’s Board of Governors. There is no provision, under this complaints procedure, for any appeal against the decision of the independent person by either the Student Union or the complainant.

(h) Where the Clerk to the University’s Board of Governors considers that the Union of Students has failed to implement the recommendations of the independent person within a reasonable timescale, the Clerk to the University’s Board of Governors shall set the matter before the Board of Governors who may consider the matter and take appropriate action.