This Notice sets out simplification of the Cambridge student complaints procedure following the recent introduction of the national service of the Office of the Independent Adjudicator (OIA) for student complaints in higher education (to which the University and Colleges are obliged to subscribe under Act of Parliament).
In 2001 the Council proposed a regulation, which was approved, requiring the Council to publish and keep under review a procedure for student complaints (Statutes and Ordinances, p. 205). The procedure adopted has been in force ever since and is printed in the Student's Handbook issued to each student every year (and is also available at http://www.cam.ac.uk/cambuniv/studenthandbook/complaints/). It has three stages, two informal and a third formal stage of review by a three-member panel with a legally qualified chairman. This third stage has been relatively little used, and is in any case now largely duplicated by the new service of OIA. It is by its nature relatively time-consuming to operate, because of the need to assemble a panel, but this may have been justified before there was an effective national system of external review. Now that such a system exists, however, it is on balance more important that the internal Cambridge procedures can operate quickly. This is evidently in the interest of both the University and the student. After review by the Student Matters Committee, it is now proposed that the existing Stage 3 should be simplified to provide for review by an individual reviewer (rather than by a panel) acting, if the applicant student desires, with a student assessor. The text of the revised Stage 3 is set out in the appendix to this Notice. It comes into operation in respect of complaints made on or after the date of the Notice (and if the complainant wishes for complaints brought before, providing a panel under the old arrangements has not yet been formed).
The procedure will in future also be published in Statutes and Ordinances.
3.1. Students must exhaust informal routes before making a formal complaint, or give a good reason for not doing so. A good reason might be that the problem is particularly serious, or that when it was raised informally there was refusal to deal with it. Informal processes are suitable for dealing with many problems, but if a complaint includes very serious allegations, and especially where a person complained against must have an opportunity to give his or her side of the matter, it may be necessary to refer straight to Stage 3. If informal routes seem not to have been exhausted a formal complaint may be referred to informal resolution.
3.2. A student wishing to make a formal complaint must do so in writing. The written statement initiates the formal process and must include a description of what has happened to give rise to the complaint including dates, times, and other details. It is necessary to show that something has gone wrong in the discharge of a University duty towards the student, and that the student has suffered as a result. The statement should include:
3.3. A complaint will be referred to a Reviewer, not connected with the College or Department of the student, for consideration. If the student wishes, the Reviewer will act with a student assessor, also not connected with the College or Department of the student.
3.4. The University Council will maintain a panel of potential Reviewers and a panel of potential student assessors. The Reviewer, and if necessary the student assessor, for a particular complaint will be designated by the Registrary, or a deputy. The student will have an opportunity to object, for good cause, to a person designated and the Registrary, or the deputy, will rule on the objection.
3.5. The written statement of complaint will also be referred to any person or University institution concerned, so that they can, if they wish, make a written response, to be considered by the Reviewer and the assessor.
3.6. The Reviewer will normally hear the representations about the complaint in person, but the Reviewer may also determine that the complaint should be dealt with on the basis of written submissions without a hearing. If a hearing takes place the student may be accompanied by an adviser or friend.
3.7 The Reviewer will issue a report, to which the student assessor, if any, may append any comments. The report will contain findings about the complaint, and may make recommendations as to remedies, if any, to be adopted, or other action recommended to be taken.
3.8. The Reviewer may terminate the proceedings, determine that a complaint is rejected as vexatious or frivolous, or refer the complaint for informal resolution as in Stage 2.
3.9. Legal representation and legal advice are not necessary in Stage 3.
3.10. The Reviewer will not (without agreement by those concerned) take into consideration documents or information which are not available to the student, the Reviewer, and to any person or University institution concerned. The Reviewer may request disclosure of documents requested by the student or any person or institution concerned. The Reviewer will seek to ensure that appropriate safeguards are made for the confidentiality of disclosed documents.
3.11. The Registrary, or the deputy, will nominate an administrative officer to assist the Reviewer. This officer has the right to be present throughout the whole proceedings of any hearing, and will prepare the draft report. The officer will also issue the 'completion of proceedings' letter for the purposes of possible further application to the Office of the Independent Adjudicator (OIA), if review or complaint procedures within the University are then believed to be completed.
A complaint under Stage 2or 3 shall be made within three months of the occurrence of the matter complained about; a complaint under Stage 3 following from one under Stage 2 shall be made within three months of the completion of Stage 2; unless, exceptionally, the Reviewer allows a longer time, for exceptional good cause.