Disputes involving students
Our working headings
We shall be looking at the following areas of dispute-resolution involving students. Please sent in comments to the Project Administrator with an email address and permission to put it on the website if you are willing to be contacted directly by readers.
Access/admissions disputes
'Access/Admissions disputes - Unfortunately I am not involved in the admissions process. The only tenuous link I have is giving talks at applicant days and helping at open days.' (RAHankin@uclan.ac.uk)
Student contracts
Examples
Several HEIs are considering whether to sign a formal contract with their students.
'We've also spent quite a lot of time examining whether or not we would wish to move to a formal student contract. The outcome of that consideration (which included a review of the Pinsent's model) was that we did not wish to do so at this time, although this might be reviewed were there to be a general trend in the sector to adopt formal contracts. The process of consideration though has led us to identify a number of areas within our current practice that we will be changing (for example, terms and conditions, enrolment statements, how the student-institution relationship works when students are studying at collaborative partners, etc.)' (Sunderland)
'Model' contracts between students and universities are available, for example:
ARMED: http://armed.ilrt.bris.ac.uk/
AHUA-Pinsents are working on a draft contract and guidance, which has now been circulated to AHUA members. Those working on student contract questions within HEIs may like to ensure that they have seen it.
Examples of student contracts specific to universities
University of Bristol: http://www.bristol.ac.uk/secretary/studentrulesregs/agreement.html
Canterbury Christ Church University: Full text available on request from the admissions office
University of Leeds: Student Contract
University of Leeds: Learning and Teaching Partnership Agreement
University of Leeds: Student Advice Centre Staffing Structure
University of Oxford (Not implemented by all colleges, see http://www.sthildas.ox.ac.uk/fresher/universitycontract.pdf)
UCAS does not seem to offer advice about student contracts
The University of Central Lancashire Student Card (an alternative to the contract) http://www.uclan.ac.uk/ldu/card.htm#skip_nav
'a card which outlines the university's aims/commitments to the student body and vice versa'
COMMENTS INVITED ON THE MODEL CONTRACT AND ON INDIVIDUAL HEI VERSIONS. MORE EXAMPLES WELCOME
Student complaints and appeals
The new QAA Section 5 makes important recommendations about the need for institutions
'to consider whether and how their procedures should allow complaints and, where appropriate, appeals, to be resolved informally at any stage, with the agreement of both parties'
Announcing a one-day conference - Academic appeals and student complaints on academic matters.
Complaints procedures: http://www.uclan.ac.uk/quality/sscomp/index.htm
Comments:
'My role is to act as a point of call for students who have any worries or problems and this includes complaints. These are mostly in relation to their course. If after attempts to resolve the situation are unsatisfactory to the student they are able to make an official complaint through the universities official complaints procedure. We have a Complaints Liaison Officer within the Student Affairs Service and fully trained advisors within our SU Advice and Counselling service. I can accompany students at any point in the process if the student would like. Please follow this link for our full complaints procedure' http://www.uclan.ac.uk/quality/sscomp/index.htm
Student discipline
What are the trends in this area?
Are students claiming that as customers they should not be subject to disciplinary procedures in the way they used to be?
Student intellectual property disputes
Sample procedures
http://www.uclan.ac.uk/quality/acaregs/main/section_l.htm.
Oxford claims rights in its students' intellectual property
http://www.admin.ox.ac.uk/proctors/info/pam/section8.shtml
Cambridge also claims rights in its students' intellectual property
http://www.rsd.cam.ac.uk/about/policies/ip/ApprovedRegs.pdf
Student assessment disputes and the academic judgement questions, including plagiarism
Procedures: http://www.uclan.ac.uk/quality/acaregs/main/section_l.htm)
Comments
'Student assessment disputes and the academic judgement question - In terms of assessments students tend to come to their SLO if their course has problems with the bunching of deadlines or if there is a problem with feedback. Occasionally the format of an assessment can be questioned. In terms of marks and questioning academic judgement, such issues tend to arise mostly on and after results day. Students obviously receive their module marks and the decision for their progression. From the day of publication students have 7 days to appeal, which has to be done through the SU Advice Centre (the following link will take you to the SU advice pages on academic appeals http://www.yourunion.co.uk/main/membership/advicecentre/academic/appeals and this link will take you to the university regulations http://www.uclan.ac.uk/quality/acaregs/main/section_l.htm)
'Part of the regulations state that you cannot appeal against the academic judgement of a member of staff ' (RAHankin@uclan.ac.uk)
'Students sometimes come to us [in connection] with Plagiarism hearings, I have had no personal experience as of yet but a number of colleagues (other Student Liaison Officers) have been involved in such hearings.' (RAHankin@uclan.ac.uk)
Our USA partner can provide a copy of a DVD which gives live enactments of alternative dispute resolution methods used by the CNCR in cases involving 'academic honesty' disputes. Contact
Staff-student disputes
Procedures
What do HEIs do about providing procedures which enable staff-student disputes to be resolved?
Comments
'Staff-Student Disputes - This area is of a particular interest to me as students approach me with issues pertaining to members of staff, mostly in terms of teaching styles. I have had numerous instances where I have had to approach members of staff on behalf of students, with views on their teaching, which as you can imagine can be very difficult. Therefore mediation or conflict resolution training for members of staff such as myself would enhance the service we can provide to both our staff and students' (RAHankin@uclan.ac.uk).
Student-student disputes
'Yes, I think the important question here is whether an institution's complaints procedure covers this kind of thing or whether it is designed to deal only with student complaints against the institution' (RAHankin@uclan.ac.uk).
How clear is it to students what the underlying principles are?
'All of the procedures / policies are governed by a set of underlying principles, which are broadly as follows:
- That they are fair to all parties concerned including the student body as a whole.
- That they operate under the principles of natural justice.
- That they are clear, concise and understandable.
- That they are legal and legitimate
- That they are workable' (M.Ward@ljmu.ac.uk)
Perceived independence in 'servicing' the operation of procedures
'We are independent, in as much as our role is to facilitate the processes.
- We will manage the operation of key processes and my staff will act as advisors where appropriate
- But we are not involved in adjudicating upon issues or determining outcomes.' (M.Ward@ljmu.ac.uk)
Standing up to scrutiny
When the outcome of a procedure is challenged by a student does the way the process was conducted stand up to scrutiny?
What is the best way to organise the student-related procedures for an HEI?
Is it helpful to bring together all student-related procedures so that a Head of Student Policy and Regulation is responsible for:
'Articulation, development, maintenance & operation of a range of student related procedures and regulatory matters, including Assessment regulations, Academic Appeals, Mitigating Circumstance procedures, Student Complaints, Fitness to Practise, Fitness to Study, Criminal Convictions Panels, Academic Impropriety etc .? Some of these processes are...subject to professional body requirements' (M.Ward@ljmu.ac.uk).
Benefits
'Institutionally, we find it very helpful that these processes are under the same umbrella
- We can see the inter-relationships between the policies,
[including potential conflict and contradictions]. - We can take a more formalised approach and apply rigorous quality & review procedures.
- Similarly, we can ensure [as far as possible] that the university is taking a consistent approach, not just in dealing with the issues, but also in terms of outcomes etc.
- We can monitor trends and so feedback into the University's quality agenda.' (M.Ward@ljmu.ac.uk)
Drawbacks
Are there drawbacks to organising things in this way in an HEI?
Use of alternative dispute resolution
We find mediation to be helpful
- generally in student / student disputes
- we would want to look at how we can adapt this to student / staff disputes [although I think this is quite a sensitive area].
(M.Ward@ljmu.ac.uk)
'We've just reviewed our complaints procedure this year, and (amongst other changes) introduced a student mediation service, building on our existing staff mediation service. The option of mediation as an alternative method for resolving conflict will be embedded within our complaints procedure, and can be accessed at any point if both parties agree. We piloted the scheme with a recent case where a student vs. staff dispute was escalating rapidly through the formal complaints process and both sides were considering taking legal advice prior to action, and found mediation to be a great success.' (iain.rowan@sunderland.ac.uk)
'The University wishes to support staff and students to work together to resolve disputes and conflicts at a local level. Mediation is a method of conflict resolution that brings the disputants together with an independent third party in order to find a solution. Mediation is not suitable for some disputes but if it is individuals are encouraged, via the process, to identify their own solutions and agreements. Mediators are impartial to the conflict and seek to help all parties equally. Mediators do not express opinions or make judgements about who is right or wrong.
At any stage, the formal complaints procedure can be suspended if both parties agree to go to mediation to seek resolution of the complaint. If either party wishes to suggest mediation as a way of resolving the complaint, they should contact the Academic Services team, who will then discuss the proposal of mediation with the other party, and make arrangements to initiate it if agreement is reached.
Mediation will be carried out by members of University staff who are trained in the mediation process and who are not connected with the area which the complaint concerns. It will follow the process outlined in the University's Student Mediation Procedure.
If the mediation is successful, and both parties agree, the formal complaints process will be terminated.
If the mediation is not successful, the student has the right to resume the formal complaints process at the start of the stage at which it was suspended.' (iain.rowan@sunderland.ac.uk)
Realistic expectations
'I am keen to examine how we can improve student [and staff] expectations with regard to potential outcomes of [say] complaints and appeals'
'Improving on the timeliness of procedures' (M.Ward@ljmu.ac.uk)
The problem of pressure and distress for staff
'I am very pleased that the revised QAA Code makes some reference to the pressures experienced by staff engaged in complaints & appeals' (M.Ward@ljmu.ac.uk)
ANNOUNCEMENTS
A new experiment in Wales
University of Wales, Newport is launching a new Framework for Amicable Issues Resolution
http://www3.newport.ac.uk/displayPage.aspx?object_id=2336&type=SEC
'The new policy that we have just approved seeks to ensure that issues are resolved early, but within an auditable framework that relies heavily on student representatives in the early stages and mediation if things become a bit difficult.'
Proposed special interest group for those working on student matters
http://www.survey.bristol.ac.uk/bournemouth/complaints
Survey results: sig_survey.pdf (PDF document, 508kb)
Survey report: sig_report.doc (DOC document, 100kb)
NUS research into Institutional Complaints and Appeals Procedures
NUS launched its research into Institutional Complaints and Appeals Procedures in England and Wales in February 2009. The report highlights a number of areas of concern - the two key ones being the length of time taken to resolve a complaint or appeal in some universities and concern about the perception amongst students that complaining would have a detrimental impact on their relationship with academic staff. The report makes a series of recommendations about improving procedures.
Coverage of the report in the Guardian:
http://www.guardian.co.uk/education/2009/feb/17/national-union-of-students