Mayfield Education’s commitment to providing a safe, fair and respectful workplace/education environment and to describe processes and procedures for reporting and addressing grievances.

The purpose of this policy is to provide:

• a framework by which student can submit an appeal, a complaint, escalate unresolved complaints or raise a formal grievance in relation to a decision of or advice provided by Mayfield Education.
• a process and procedure to investigate and resolve appeals, complaints and grievances.

Mayfield Education ensures a transparent, fair and timely procedure for addressing students appeals, complaints and grievances in accordance with principles of natural justice, ensuring that all parties are treated equally and fairly regarding their individual circumstances.

This policy and procedure applies to all Mayfield students regardless of the location, such as campus, clinical/workplace placement, the mode of study or their place of residence of training. All grievances by students shall be raised and dealt with in accordance with this policy and procedure.

This policy applies to all grievances, including but not limited to harassment, bullying and discrimination.

This policy covers issues arising from a student’s involvement with Mayfield, except where the matter:

• relates to decisions based solely on alleged or unsubstantiated academic or general misconduct, academic judgement, unlawful discrimination, or
• has arisen from a student’s failure to read and act upon a notice or correspondence sent to their email account or their postal address.

Grievance is defined as:

• An issue arising from a decision, act or omission which a student considers to be unjust, discriminatory or wrongful or at variance with Mayfield Education policy or procedure.
• A complaint about the behaviour of another student, group of students, staff member or group of staff; and
• Child abuse
• Any other matter within the control of Mayfield Education that is not resolved through normal communication channels.

A grievance may relate to facilities, curriculum, administrative procedures or decisions; student progress and assessment; and handling/access to personal records.

Complainant

The complainant is the staff member(s) or student(s) notifying an objection or grievance.

Procedural Fairness

Procedural fairness requires processes that provide fairness to all parties. It includes the right to be heard, the right to be treated without bias, the right to be informed of allegations being made and to be provided with the opportunity to respond to them, and the right to information regarding the status of the grievance.

Respondent

The person(s) against whom a complaint is made.

Directors, managers, course coordinators, supervisors, trainers, and assessors (whoever titled) have a responsibility to identify, prevent and address problems in the workplace and in the education environment. These responsibilities include communication and implementation of this policy and related procedures.

Mayfield Education understands that despite all its efforts to provide satisfactory services to its students, complaints may occasionally arise that require formal resolution. Students have the opportunity to have any complaint or appeal resolved and resolutions reached that attempt to satisfy all parties.

There is no cost to the student unless the referral is made to a third party.

Nature of complaints

Complaints and appeals may be made in relation to any of the following:

• Mayfield Education as a Registered Training Organisation (RTO), its trainers, assessors or other staff.
• Assessment/Recognition of Prior Learning outcome.
• Fees and refunds/re-crediting; or
• A student

Complaints may be made in relation to any of Mayfield Education services and activities such as:

• The application and enrolment process.
• Marketing information.
• The quality of training and assessment provided.
• Training and assessment matters, including student progress, student support and assessment requirements.
• The way someone has been treated; or
• The actions of another student.

Appeals should be made to request that a decision made by Mayfield Education is reviewed. Decisions may have been about:

• Course admissions.
• Refund assessments.
• Response to a complaint.
• Assessment outcomes / results; or
• Other general decisions made by Mayfield Education.

Mayfield investigates anonymous complaints at the discretion of the Course Coordinator or delegate, considering:

1. The nature and seriousness of the complaint.
2. Whether there is enough information for an investigation to be conducted; and
3. Whether there is a statutory requirement for investigation.

Issues related to the delivery, teaching or assessment of a course are education matters. Where possible it should be resolved at the local level with emphasis on conciliation and informality. In the first instance the complaint should be directed to the relevant unit trainer and assessor. If the matter is not resolved than it can be escalate to the course coordinator and only then to the Director of Education.

Communication and approach

1. Mayfield Education recognises that effective communication is of paramount importance when attempting to resolve difficulties experienced by students and is committed to a culture of openness, fairness and continuous improvement.
2. Mayfield Education acknowledges the need to provide appropriate and accessible ways for students to have their complaints heard. Where reasonable adjustments to the method of lodging or considering a complaint are needed to enable a student to equitably access this process, Mayfield will make all reasonable efforts to ensure that such adjustments are made.
3. All parties to a complaint or grievance must respect privacy and confidentiality, except where the release of information is required by law.
4. Individual or groups of students are encouraged to raise issues and concerns directly with the appropriate education staff member. If the issue(s) can’t be resolved, it is referred to a higher authority within Mayfield Education.
5. The informal resolution of grievance is preferred; however, where this process is not successful then an aggrieved student may initiate formal procedures as outlined in this policy and procedure.
6. All parties directly involved in a grievance must have access to all information relevant to the complaint.
7. All parties to a grievance have the right to formally present their case and if desired can be accompanied by a third-party support person at each stage of this procedure.
8. There is no cost for utilising this grievance process.
9. The student will receive a full explanation in writing for any decisions and actions taken as part of the formal grievance process by the CEO or Board Chair (if the grievance relates to the CEO).
10. Where this procedure results in a decision that supports the student, Mayfield Education will implement the decision and/or any corrective action required and advise the student of the outcome.

Natural justice

1. Mayfield Education gives students who raise complaints or grievances the opportunity to raise concerns through email studentservices@mayfield.edu.au or by calling 03 9882 7644.
2. Mayfield Education takes all appropriate measures to ensure students do not suffer any victimisation or discrimination as a result of raising complaints or grievances in good faith.
3. Where the grievance relates to ongoing student enrolment, the enrolment will be maintained until the grievance is resolved. An enrolment may be suspended if there are concerns such as safety, security, or outstanding fees. The reason/s for suspending an enrolment will be clearly documented and provided to the complainant in writing.
4. Mayfield Education staff with a role in resolving complaints and grievances will reach conclusions based on a fair hearing of each point of view.
5. Mayfield Education keeps all parties to a complaint or grievance informed of the progress of the matter and gives all parties reasonable opportunity to respond to outcomes.
6. Complainants should not instigate grievances that are frivolous or malicious.

Confidentiality and privacy

Mayfield Education advises all parties to a complaint or grievance that they are subject to the Mayfield Education Privacy Policy. Any person who carries out any function under this policy or submits or responds to a complaint or grievance must treat the matter in the strictest confidence, except where necessary for the discharge of that person’s responsibilities under to this policy or as otherwise required or permitted by law. All records and information relating to a grievance will be handled in accordance with relevant government legislation.

No disadvantage

Grievances will be treated seriously, expeditiously, sensitively, and as close as possible to their source having due regard for procedural fairness, maintaining confidentiality, privacy and the potential for victimisation.

A student making a complaint or grievance is not to be disadvantaged simply by virtue of having made the complaint, unless the complaint involves unreasonable complainant conduct. In particular:

1. The complainant must not be hindered or prevented from continuing to use Mayfield facilities and attend lectures, classes, laboratories and tutorials and to submit assessment as required, simply by virtue of having made the complaint.
2. A student who is also:

• The subject of an action by Mayfield Education under a relevant Regulation or Policy.
• Subject to exclusion for reasons of safety.
• Subject to a cancellation of enrolment due to unpaid fees, where fees are unrelated to the substance of the complaint; or
• The subject of any relevant court order or action precluding them from attending a campus, may be excluded or prevented from attending classes on that basis, unrelated to their status as a complainant.

Timeliness

Concerns should be raised as soon as possible after the incident, or the complaint has occurred. Unlawful activities (including assault) will be reported to the Police.

1. Mayfield Education will consider complaints and grievances in a timely manner, within specified and achievable timeframes. In most circumstances it would be expected that resolution of a grievance raised in this manner should be achieved within 15 business days from the date of raising the grievance.
2. If the matter is unresolved in 15 business days, the student may submit details of the complaint to the Director of Education. This must be done in writing.
3. Current students must submit any complaint or grievance within 3 months after the event, decision or action which is the subject of the complaint or grievance.
4. Former students may submit any complaint or grievance in accordance with this policy provided that:
   1. The complaint or grievance is submitted within 3 months from the end of the student’s enrolment; and
   2. The event, decision or action, which is the subject of the complaint or grievance, occurred within 3 months prior to the submission date.
5. Mayfield Education may be unable to investigate an issue where, due to the length of time elapsed since the event, decision or action, there is insufficient information available to enable investigation of the complaint or grievance.

Prior to raising a complaint

• Students wishing to raise a complaint or grievance are encouraged to seek advice from an independent person knowledgeable about the process and aware of potential outcomes, such as:
  • A trainer and assessor.
  • A course coordinator.
  • An academic staff member who is not involved in the matter in question; or
  • A staff member from a student service.

The student and the independent person will work together to:

• Consider whether the complaint is reasonable and the best course of action in the circumstances.
• Clarify the details of the matter, including the events that occurred, the basis for the complaint and the resolution sought; and
• Where appropriate, identify the most appropriate process under which the matter may be pursued.

The student may, based on this discussion:

• Take no further action.
• Where the matter concerns the actions or decisions of another person, make an informal approach to the person concerned (the respondent); or
• Proceed directly to the complaint or grievance process.

Resolution of complaints

Where it is appropriate and safe to do so, students should initially attempt resolution by raising their concerns with the respondent or another appropriate person. Relevant people to contact for this purpose may include:

• Student Services.
• The Trainer and Assessor
• The Course Coordinator
• The Director of Education

Staff members who are contacted by students seeking informal resolution of a complaint must, within five business days:

• Acknowledge receipt of the complaint in writing.
• Arrange to discuss the matter with the student or indicate to the student when an initial response will be provided.
• Attempt to clarify with relevant parties what is agreed and where opinions differ.
• Attempt to clarify the relevant policies, procedures or processes underpinning the action or inaction to which the complaint relates.
• Identify the appropriate manner of resolving the complaint, including seeking advice or a decision from other relevant parties.
• Advise the student of a proposed process for resolving the complaint:
  • Engaging with a local level complaint resolution process.
  • Reviewing a decision within a local level review process.
  • Local level mediation, if appropriate; or
  • Escalating the matter to the Course Coordinator or delegate, which may be a suitable course of action if resolution under i, ii or iii above is unlikely to be possible or if local level complaint or review processes have been exhausted; and
  • Notify the student of their right to be accompanied by a support person at any meetings or discussions during the attempt at resolution.

Complaints

Students who are not satisfied with the outcome of the processes as per above in the resolution of complaints, within five business days of receiving advice of the outcome, they can request to:

• Escalate the complaint or raise a grievance, which may result in mediation, a review of an outcome or decision, or
• Lodge a complaint with an external agency where appropriate and available.

The Course Coordinator or delegate may make a judgement about whether mediation is practicable and appropriate, and secure the agreement of all parties to the complaint to the use of mediation (noting that the use of mediation does not necessarily imply there is a case to answer).

The Course Coordinator or delegate will advise students of their right to raise a grievance, or to have their escalated complaint considered as a grievance, if:

• The escalated complaint is not able to be resolved with the other parties; and
• Mediation is deemed not to be an appropriate course of action, or if the agreement of all parties is not forthcoming; and
• The matter includes allegations against a student or staff member, which may result in disciplinary action.

Grievance Procedure

A student may raise a grievance where:

• an escalated complaint is not able to be resolved; or
• the matter includes allegations of misconduct where disciplinary action against a student or staff member may be an outcome of the investigation

Grievances are matters that may be considered by an independent investigator or Director Education.

Investigations

Mayfield Director of Education or investigator must:

1. Within five (5) business days, acknowledge in writing the receipt of an escalated complaint or grievance.
2. Undertake a safety, security, wellbeing and risk assessment and recommend any immediate action that needs to be taken before the escalated complaint or grievance is investigated.
3. Within five (5) business days of the acknowledgement in item (a), advise the complainant and the CEO or delegate in writing of proposed next steps, including the nature of any investigation process, and indicate when a resolution of the matter might be expected.
4. Review the escalated complaint or grievance, including:
   1. The complaint or grievance submission and supporting documents and related information; and/or
   2. Documents on the Mayfield record including, but not limited to the process/es followed and the decision/s made; and/or
   3. Hearing from all parties who wish to partake in the process; and
   4. Identify ways that the matter might be potentially resolved.
5. Provide the CEO or delegate with a report of any independent investigation for review prior to the release of the report.
6. Within ten (10) business days of the acknowledgement, provide the student with the outcome of the escalated complaint or grievance, including details of the resolution process or why a resolution could not be reached; and
7. Notify the student and the CEO or delegate if they conclude that the escalated complaint or grievance is frivolous, or if no grounds could be adducted to support it.

Mayfield aims to resolve student complaints and grievances within fifteen business days. However, complex complaints and grievances and those that require independent external investigation, may take longer to resolve.

The CEO must undertake a quality check of all independent external investigation reports to ensure that:

1. Issues raised in the student complaint or grievance have been investigated.
2. The views of key stakeholders have been considered.
3. The report is fair and balanced.
4. All relevant circumstances have been considered; and
5. The findings and recommendations are evidence based and defensible.

The CEO or delegate may determine that a single investigation will take place into single or multiple escalated complaints or grievances that relate to the same issue (with single or multiple respondents) where the student or students submitting the complaint(s) or grievance(s) agree to this approach.

On consideration of the details of the escalated complaint or grievance, the review of a decision or the outcome of an investigation, the CEO or delegate may:

1. Recommend reconsideration of the original decision.
2. Direct the decision maker to change the original decision or outcome, noting that they may not impose a harsher outcome than initially decided.
3. Override the original decision; or
4. The CEO or delegate may contact a student who demonstrates unreasonable complainant conduct in relation to a particular matter, and the person who is the subject of the escalated complaints or grievances, to ascertain that there is prima facie evidence to support the complaint or grievance before initiating a review or an investigation.

Right to withdraw

Students may withdraw new complaints, escalated complaints and grievances at any time during the resolution process, and the matter will be deemed to be resolved. Notwithstanding this, Mayfield reserves the right to continue to investigate a complaint if required to do so to satisfy other requirements or protect the organisation.

Appeals Processes

If the student is not satisfied that the grievance has been resolved, they may submit their formal appeal to the CEO or request the formation of a Student Grievance Appeals Committee by putting this in writing to the CEO so the matter can be further considered.

A member of the Board of Directors, Mayfield Education will convene the Student Grievance Appeals Committee within ten days of receiving the written request.

The membership of the Student Grievance Committee will be determined by the Board of Directors, Mayfield Education; there will be a minimum of two and a maximum of four members of the Appeals Committee.

The Student Grievance Appeals Committee will observe the broad principles of natural justice and will make clear to all parties the processes for determining the matter.

The student appealing will be given an opportunity to present a case orally or in writing; the student may be accompanied by a person of their choice to the Appeals Committee meeting(s).

The Student Appeals Committee will reach a decision based on consensus or by a decision on a majority vote; should there be no majority the Chair will have a casting vote.

The decision will be communicated to all parties directly involved in the grievance in a written report outlining the reasons for the decision within 10 business days. The report will advise of the right to access the external appeals process if a party is not satisfied with the outcome of the appeal.

Assessment Appeals

Where a student wishes to appeal an assessment, they are required to notify their course coordinator at first instance. Where appropriate the Course Coordinator with discuss this with the relevant trainer and assessor to re-assess the student to ensure a fair and equitable decision is gained. The Trainer shall complete a written report regarding the re- assessment outlining the reasons why assessment was – or was not – granted.

If this is still not to the student’s satisfaction, the student may formally lodge an appeal within 10 working days. They will lodge this with the Director Education, or a nominee appointed by the Director Education. The appeal will be entered in the Complaints and Appeals Register.

The Director Education will seek details from the Course Coordinator and the assessor involved and any other relevant parties. A decision will be made regarding the appeal either indicating the assessment decision stands or details of a possible re-assessment by a third party. The third party will be another Trainer/Assessor appointed by the Director Education.

The student will be notified in writing of the outcome with reasons for the decision, and the Complaints and Appeals Register will be updated. The student will also be provided the option of activating the external appeals process if they are not satisfied with the outcome. The student is required to notify the Mayfield Education CEO if they wish to proceed with the external appeals process.

External Review Processes

An appellant who is not satisfied with the Student Grievance Appeal Committee’s decision may write to the Board Chair, Mayfield Education giving reasons why they are not satisfied and request an external appeal. If the Board Chair is satisfied that the reasons given by the student warrant further hearing of the grievance, the Board Chair (through the CE) must arrange for an independent external person (or organisation) to hear the appeal. The VIC Dispute Settlement Centre or the Institute of Arbitrators and Mediators (IAMA) may be used to consider external appeals. The person or organisation appointed to consider the appeal will be independent and external to Mayfield Education.

The person or organisation responsible for the external review will report to the Board Chair or CEO (as nominated), Mayfield Education on the outcome of the external review including any recommendations within 20 business days of the completion of the review.

The Board Chair or CEO; once the report has been received will provide a written report to the complainant within ten business days of the recommended actions to resolve the grievance.

An initial application fee to be paid by the complainant would be approximately $200 in requesting an external review; Mayfield Education will meet any further reasonable costs associated with the conduct of an external appeal as described.

If a student is still dissatisfied with the external appeal outcome, they may wish to seek advice or make a complaint about Mayfield Education to ASQA or TEQSA directly.

If, after Mayfield Education internal complaints and appeals processes have been completed, you still believe that Mayfield Education is breaching or has breached its legal requirements, you can submit a complaint to ASQA if you are a VET student by completing “The Complaints Form” available at https://www.asqa.gov.au/about/complaints/complaints-about-training-providers.

Or

If you are a higher education student you can submit your concern using TEQSA online form available at https://www.teqsa.gov.au/about-us/contact-us/raising-complaint-or-concern/how-raise-concern

Record Keeping

A written record of all grievances handled under this procedure and their outcomes shall be maintained for a period of at least five years to allow all parties to the grievance appropriate access to these records, upon request to the CEO or Director of Education. These records will be maintained on Mayfield Educations master documents (Central Registry).

Procedure accessibility

This Grievance Policy and Procedure will be made available to students and prospective student through publication in the Student Information Handbook and on the Mayfield Education website (www.mayfiled.edu.au)

Grievance Resolution Responsibilities

The Chief Executive Officer is responsible for overviewing and implementing the Grievance Processes

The Directors, Managers, Course Coordinators, Supervisors, Trainer, and Assessors/ Facilitators accept that grievance resolution is an integral part of their roles and related responsibility to identify, prevent and address problems relating to students.

The Board of Directors, Mayfield Education has responsibility for the Student Grievance Appeals process including external appeals review as required.

The Academic Board and management team supports compliance with the

1. Standards RTO 2015 – Standard 6 – Complaints and appeals
2. Higher Education Support Act 2003 (Cth)

Tertiary Education Quality and Standard Agency (TEQSA) Act2011 (Cth)- Higher Education Standards Framework (Threshold Standards) 2021

Version

Version 6 – 29/5/2023

Description of Changes

1. Added more information to the nature of complaint.
2. Added assessment appeals.
3. Added further information section.

Next review 29/5/2025