Complaints Policy

Background

The Union understands that during their time at University, our members may encounter problems that will lead them to consider making a complaint. This policy explains what processes exist within the Students’ Union (SU) and clarifies how complaints can be made.

The Trustee Board shall have the lead responsibility for this Policy.

Complaints Policy - Conduct

1. Scope 

Any member or group of members who are dissatisfied with their SU experience or dealings with the SU has the right to raise a complaint. In compliance with the Education Act 1994, this policy applies to Student Members, Company Law Members and Associate Members - as defined in the SUs Articles of Association - as well as students who have opted out of SU membership.  

If your complaint is about an incident of sexual misconduct, bullying, harassment, discrimination or hate crime these must be reported through the University’s Report and Support system for them to be investigated appropriately. The SU will not independently investigate these complaints however may jointly investigate where appropriate.  

2. What can you expect from the SU? 

To use its charitable funds proportionately, the SU will not investigate repetitious or vexatious complaints where the SU deems the level, nature, timing, or frequency of contact is unreasonable.   

All complaints will be dealt with fairly and promptly and investigated according to the procedures set out below.  The SU encourages respect and tolerance and all members, clubs, societies, and student groups with whom we work should commit to these values and the relevant codes of conduct.  

The SU will work with clubs and societies and individual members to resolve complaints but will not intervene where individuals, not acting in an official capacity, have disagreements. The SU will not tolerate complaints that are abusive or offensive and breach the Unions statutory legal obligations. 

All complaints will be acknowledged within 3 working days.  We aim to resolve informal complaints within 10 working days and formal complaints within 20 working days; in some instances, these timescales may be extended due to complexities with a case, to accommodate for vacations periods and at the discretion of the individual investigating the complaint.  

3. What the SU expects from anyone raising a complaint 

We expect to be treated with courtesy and respect and reserve the right to discontinue correspondence if a complainant does not behave in this way. We expect honesty and patience and the complainant’s cooperation in resolving the issue. We ask that the complainant follows the process described including a clear initial description of the issue and a statement of the resolution they would like to see. We expect that the complainant keeps appointments and keeps to any agreed actions.  The SU recognises that a serious complaint might have a serious impact on a complainant and will endeavor to provide welfare support wherever required.  

4. Process 

The SU has a two-stage resolution process.  All complaints submitted in writing must use the standard form that can be found here 

When making a complaint, individuals must be clear about: 

• The specific allegation 

• What remedy is being sought 

• What supporting evidence/information exists 

The complaint will be screened by a member of the Senior Leadership team to check if it is eligible under this policy. 

There may be circumstances where it is necessary or appropriate to share information within the University and allow a case to be appropriately and fairly considered via a joint investigation.  When a student, or group of students, have an allegation(s) which breaches both the SU Code of Conduct and the University Regulations, we will conduct a joint investigation. This avoids duplication of resources and considers the wellbeing of respondents and reporting parties. Both organisations can then impose the appropriate sanctions permitted under their policies. 

If a complaint relates to criminal activity, the Union reserve the right to refer the matter to the police immediately. 

5. Informal Complaints – Stage 1 

The SU expects that most complaints will be resolved by an informal review and discussion with the relevant Manager or member of the Officer team.  They will seek to work with all parties for an informal resolution and where appropriate involve a relevant Officer or member(s) of staff to support this process.  The stage 1 process will be concluded, where possible, within 10 working days. 

Complaints about service and quality within SU outlets and venues will be redirected to the SU Head of Strategic Operations.   

 If your complaint involves another student, Club or Society, the SU may suggest several options to resolve the issue, which might include: 

• An apology  

• Mediation (recognising that this is voluntary) 

• Removal of materials  

• Signposting to relevant services 

This is an informal stage, and therefore no written records would be kept if the matter is resolved at this point. 

If you are unhappy with our response to your complaint, or you feel that attempts to informally resolve have not been met, you can refer your complaint to our formal complaint procedure. 

6. Formal Complaints – Stage 2 

A Formal Complaint is appropriate where you have already discussed your complaint informally with a member of staff and are not satisfied with the outcome or you or the SU feels that the complaint is so serious that it cannot be dealt with informally. 

A formal complaint should be made in writing within 20-working days of the incident. Issues arising outside of the 20-working day period will only be considered in exceptional circumstances. 

Investigation of formal complaints  

• Formal complaints will be investigated by a member of the SU Management or Senior Leadership Team 

• Complaints will be investigated, where possible, within 20 working days of receipt. 

• Complainants, and other parties involved, including the respondent, will be called upon to provide evidence, points of clarification and any additional information. 

• No anonymous complaints will be upheld as responding parties will have the right to reply. 

• Staff members who receive anonymous complaints should seek advice from their line manager who will advise if action needs to be taken under the relevant SU or University procedures (e.g. safeguarding) or whether the complaint needs to be referred to other agencies.  

• Notes will be taken for all meetings throughout a formal investigation process. 

• The complainant has the right to be accompanied by another individual to any meeting they attend (this individual does not need to be a Student Member)  

• Where the person(s) investigating feels more time is required, a delay in the process will be communicated to the complainant within a reasonable timeframe. 

Outcome of an investigation  

The person(s) investigating will establish the facts, review evidence, where appropriate interview witnesses and take into consideration any mitigating circumstances.  They will prepare a written summary of findings and consult with a member of the Full-Time Officer team, the Director of Membership and/or the Deputy Chief Executive who will together recommend next steps and a course of action.  

This panel will review the information provided and agree what action is appropriate and recommend an outcome.  

Examples include: 

• An apology 

• Mediation (recognising that this is voluntary) 

• Training 

• Removal of material on SU or Clubs and Societies websites 

• Referral to the relevant sports club or society forum for action 

• Suspension from SU facilities and / or activity  

• Other appropriate dispute resolution 

• Actions regarding Clubs or Societies activity, will be subject sanctions as detailed in Bye-Law 5 

• Referral to disciplinary action in which case the SU Disciplinary Procedure will apply.  

7. Stage 3 - Disciplinary action 

See SU Disciplinary Procedure  

8. Appeals 

Should a member feel dissatisfied with the outcome of a stage 2 complaint or disciplinary procedure, they can escalate an appeal.  An appeal must be submitted on one or more of the following grounds:  

a. That relevant and credible evidence has come to light which makes the outcome unreasonable or unfair (additional evidence to support this) 

b. There is evidence of procedural irregularity.  

c. There is evidence of discrimination, prejudice and/or bias in the preparation for or during an investigation 

An appeal should be received within 14 working days of the outcome to complaints@warwicksu.com. The Complainant will receive an acknowledgement of their appeal and can explain (in writing) the grounds for review.  The President and the Chief Executive will consider all aspects of the issues raised and make a final decision. This decision will be communicated in writing within 20 working days.  

There is no further appeals process. If the complainant is dissatisfied with their dealings with the Students’ Union, they may register their dissatisfaction with the Secretary to Council under the University's Ordinance 10: Students' Union (26), pursuant to the Education Act 1994, Part II. The Secretary to Council may delegate an alternative University Officer to respond at her/his discretion. It should be noted that recourse to the Secretary to Council does not constitute a further appeals process. 

Where applicable, a complainant may also submit a companint to the Office of Independant Adjudicator (OIA). In these circumstances and where requested, the SU will issue a Completion of Procedures Letter in line with the OIA’s requirements.  

9. What is excluded from this policy? 

Things which are not covered by this policy: 

• General enquiries or feedback, should be addressed to reception@warwicksu.com  

• A difference in political opinion 

• Licensed premises – these are at the discretion of the Designated Premises Licensee 

• A complaint regarding academic issues or services provided by the University.  The University has developed a Students Complaints Resolution Pathway which should be used. 

• Complaints about a member of staff of the Union and/or employment issues – these should be directed to the Director of People and the People team. 

• A complaint regarding SU elections.  This should be raised with the Deputy Returning Officer through the Elections Complaints procedure.  

• Request for disclosure of personal information – this is covered by the Data Protection Act and further information on how the Union uses your data can here found here Privacy Statement (warwicksu.com) 

10. Confidentiality 

At all times during investigations, confidentiality and discretion will be maintained by those involved. If the complaint indicates evidence of potential criminal activity or harm to an individual, the SU reserves the right to break confidentiality. If there is a need to break confidentiality, this will be approved by the President or their representative. Complainants are expected to abide by the same rules and any breach of confidentiality will be investigated as a disciplinary matter. 

11. Reporting 

The SU will report annually to the Governance and Appointments Committee on all complaints received, summarising the number, nature and resolutions. All complaints referred to in that report will be anonymised. 

Withdrawal of a Complaint

An individual may choose to withdraw a complaint at any stage of the process. A decision to withdraw the complaint must be made in writing and submitted to complaints@warwicksu.com. In these circumstances the Students’ Union will assess the information submitted to identify any potential risks or legal responsibilities. If there is a potential risk the Students’ Union may continue to investigate and will retain information in line with 1.10. If there is no risk identified the Students’ Union will review whether there is any need to retain information, and if not, the information will be destroyed.