Grievance Procedures

Policy on the Resolution of Breaches of Residential Community Standards  

1.0  Responsibilities

1.1    Overall responsibility for the management of MRS is vested in the Director MRS.

1.2      The Director MRS has delegated responsibility for the maintenance of residential community standards and appropriate living environment within each residence to the Head (but the Director MRS is not precluded from doing anything so delegated and may do anything a Head may do). In matters, which involve residents from more than one residence, the Heads may agree that one of them take responsibility for a particular matter.

2.0      Resolution of Breaches of Residential Community Standards

2.1     MRS exists to provide a living and learning environment in which residents will always act with the best interests of fellow residents in mind.  Tolerance and respect for others and their rights and freedoms should be a primary concern as should their health and personal safety.  By accepting residency, residents agree to respect the basic philosophy of MRS and agree to comply with the standards, terms and conditions as outlined in the MRS Conditions of Residency (as may be amended from time to time and listed on the MRS website), the individual residential site handbooks listed on the MRS website from time to time, the MRS rules, policies and regulations listed on the MRS website from time to time,  any residency agreement between the resident and MRS, and Monash University's Statutes, Regulations, Policies and Procedures, (all of which are referred to herein as the "Residential Community Standards").

2.2     The purpose of this policy is to define the rights and responsibilities of residents and staff, and provide procedures and sanctions to be invoked and applied if Residential Community Standards are breached. While elements of this policy may have similarities with the legal system, it is essentially educative and administrative in nature.

3.0        This Policy does not apply to action under section 11 of the MRS Conditions of Residency

3.1      This Policy does not apply to any action taken under section 11 of the MRS Conditions of Residency and any such action is not subject to a right of review under this Policy.

4.0      Protocol to be followed by Heads in Handling Possible Breaches of Residential Community Standards 

4.1      The following protocol outlines the procedures, which will be followed by Heads in handling alleged breaches of Residential Community Standards, except where action is taken under section 11 of the MRS Conditions of Residency (refer to Section 3.1 above).  Before the sanctions referred to in Section 9.0 may be imposed, the Heads will observe the following protocol:

4.1.1    Where a Head's attention is drawn to a possible breach of Residential Community Standards the Head (or their nominee) will, at the earliest possible opportunity, write to (or telephone) the resident outlining the possible breach and indicating that they should meet to discuss this.

4.1.2    The Head will advise the resident, either in writing or verbally:

4.1.2.1  that the possible breach is being investigated in accordance with this policy; 

4.1.2.2 where a full copy of this policy may be obtained; and 

4.1.2.3 that the resident may be accompanied to the meeting by another resident acting as a supporter.

4.1.3   Arrangements will then be made for the Head and resident to meet.

If the resident fails to attend a meeting with the Head after being given reasonable opportunity to do so, the Head may decide the matter in the absence of the resident.

4.1.4     When the Head and resident meet, the resident may be accompanied by another resident acting in the role of supporter and the Head may ask a Resident Advisor or other staff member to also be present. (See Section 7.0).

4.1.5     During this meeting, the resident's alleged behaviour will be outlined by the Head with evidence of this being presented as appropriate. The resident may respond by either agreeing with the information presented by the Head, or by presenting additional or alternative evidence, mitigating circumstances, etc.  (See Section 8.0). 

4.1.6     The Head will (either at that meeting or after further consideration and inquiries) make a decision in the matter and inform the resident of this and, if necessary, an appropriate sanction. (See Section 9.0). 

4.1.7     It is preferable for the Head to inform the resident of this decision in a face-to-face meeting during which the resident can be given the opportunity to respond to the decision and the sanction. If considered appropriate, the Head may (in his/her absolute discretion) vary the sanction in light of this discussion with the resident.

4.1.8     The Head will then confirm the content of the discussion, the decision, the basis on which the decision was reached, and any sanction in a letter to the resident. 

4.1.9     This letter will also provide advice that if the resident's recollection of the discussion differs from that of the Head, this should be brought to the Head's attention as soon as possible with a request for clarification.  Details of where a full copy of this policy may be obtained will also be included.

4.2        The Head is responsible for conveying to any resident (or group of residents) who may be affected by the breach such information on the outcome as may be necessary to keep them informed. In doing so, the Head must give due regard for considerations of privacy and confidentiality.

4.3        If after the Head has made a decision, new or significant evidence which is not merely corroborative or repetitive and which was not known (or could not have been known) at the time of the original decision comes to light and may have produced a different decision, the resident should provide that evidence and request that the Head reconsider the matter. The Head will reconsider a matter at his/her discretion. 

5.0        Appeal to Director, Monash Residential Services  

5.1        It is possible that a resident may disagree with a Head's decision and wish to have it reviewed by the Director MRS. The following protocol outlines the procedures, which will be followed: 

5.1.1     A resident asking for a Head's decision to be reviewed must lodge with the Director MRS a letter outlining the reasons for the request. Except in exceptional circumstances this request must be received by the Director MRS within three (3) consecutive days (including weekends) of the written notification of the Head's decision being received by the resident. In cases, which involve termination of residency, this period is reduced to one (1) day.  

5.1.2     If a resident lodges such a request, any sanction imposed by the Head is suspended until the Director MRS has made a decision on the appeal. 

5.1.3     In constructing this letter, the resident should be mindful that the basis for appeal is (except in exceptional circumstances) limited to the following grounds:

5.1.3.1  The Head did not follow the correct protocol for Heads in making the decision. (See Section 4.0).

5.1.3.2  Evidence or circumstances which should have been taken into account by the Head in reaching a decision were overlooked or were not given sufficient weight.

5.1.4     New or significant evidence which is not merely corroborative or repetitive and which was not known (or could not have been known) at the time of the original decision and has come to light and may have produced a different decision may not be introduced as grounds for appeal. Such evidence should be produced to the Head with a request for reconsideration of the matter. (See Section 4.3).

5.1.5     When a resident requests a review of a Head's decision, the burden of proof resides with the resident. In other words, the resident must demonstrate to the Director MRS:

5.1.5.1  The Head did not follow the correct protocol for Heads in making the decision. (See Section 4.0). 

5.1.5.2  Evidence or circumstances which should have been taken into account by the Head in reaching a decision were overlooked or were not given sufficient weight.  

5.1.6     Upon receiving an appeal, the Director MRS will decide whether the resident has presented an adequate prima facie case to justify further consideration of the appeal.

5.1.7     If the Director MRS decides that an adequate prima facie case has not been presented, the Director MRS will inform the resident of this, preferably in a face-to-face meeting during which the resident can be given the opportunity to respond. The Director MRS will confirm the decision and the basis on which it was made, in writing, to the resident.

5.1.8     If the Director MRS decides that an adequate prima facie case has been presented but is of the opinion that the matter might usefully be resolved by requesting the Head to re-hear the matter afresh, the Director MRS will inform both the Head and resident of this decision and the basis on which it was made, in writing. 

5.1.9     The Head will then re-hear the matter afresh following the protocol outlined in section 4.0 within ten (10) consecutive days. The resident will have the right to a further appeal against any decision made by the Head resulting from this process.

5.1.10   If the Director MRS decides that an adequate prima facie case has been presented, the Director MRS will appoint a panel of four (4) persons (hereinafter called "the Panel") to assist in consideration of the appeal and provide advice on the matter. The Panel will comprise: 

5.1.10.1 A member from Monash University's Equity & Diversity Centre (who will act as Chair of the Panel); 

5.1.10.2 A non-residential member from Monash University Community Services;

5.1.10.3 The Chair (or nominee, if the Chair involved is from the same residence) of the Residential Committee of the applicable campus; and 

5.1.10.4 A Resident Advisor from another residence.

5.1.11   All members of the Panel must put aside any personal considerations in reviewing a Head's decision. If persons who are invited to serve as members of the Panel are of the opinion that this would be difficult for them, they must advise the Director MRS of this and decline the invitation.

5.1.12   The resident may lodge an objection to a person being a member of the Panel. However, the decision of the Director MRS as to the composition of the Panel will be final.

5.1.13   A mutually convenient time will be arranged at which the Director MRS, the Panel, the Head, and the resident are available to attend. The resident may be accompanied by another resident who may act as a supporter.

5.1.14   Prior to the meeting all parties will be provided with a copy of any documentation pertaining to the matter.

5.1.15   If the resident fails to attend the meeting the Director MRS may, without further notice, proceed in the resident's absence or dismiss the appeal. If there are medical or compassionate reasons for the absence, the Director MRS should be notified immediately.  The Director MRS will determine the acceptability of such reasons and whether the meeting should be adjourned.

5.1.16   The appeal will be conducted by considering only those matters to which the resident's appeal is related.  For example, if the grounds for the resident's appeal are that the sanction imposed by the Head is inconsistent with the nature of the breach of Residential Community Standards (see section 5.1.3.3), then the Director MRS and Panel will address only this issue.

5.1.17   The Director MRS and Panel are not bound by the rules of evidence or other technicalities or legal rules or forms.

5.1.18   Upon convening, the Director MRS and Panel will invite the resident into the meeting room to present the grounds for appeal. The resident will then be asked to leave the meeting room and the Head will be invited into the meeting room to explain the matter from his/her perspective.

5.1.19   The Panel will then retire to consider the matter and may, if they believe it would assist their deliberations, recall either the resident or the Head to ask additional or clarifying questions. 

5.1.20   The Panel will then present their advice verbally to the Director MRS.

5.1.21   At the conclusion of these discussions the Director MRS will make a decision to either confirm, put aside, modify (in full or in part), or increase the sanction(s) originally imposed by the Head.

5.1.22   The deliberations of the Panel and the Director MRS shall be closed and no record kept.

5.1.23   The Director MRS will firstly inform the Head and then the resident of the decision in the matter and confirm this in writing to the resident.

6.0        Proceedings of Meetings 

6.1        All proceedings (including any initial meetings between residents and a Head) will be carried out in a manner which is informal but at the same time seeks to comply with the principles of natural justice. 

7.0        Supporter

7.1        A resident who is required to meet with the Head or the Director MRS and Panel, may be accompanied by another resident acting in the role of supporter.

7.2        The supporter's role is to observe the meeting and provide support and guidance to the resident, as requested. The supporter may not represent the resident or speak on the resident's behalf.

7.3        In choosing a supporter, the resident should be mindful of any potential conflict of interest. For example, a Resident Advisor, a witness, or another resident involved in the matter under consideration may not act in this role.

8.0        Standards of Evidence

8.1        Formal rules of evidence are not applicable. If a resident denies responsibility for an alleged breach of Residential Community Standards, the Head will make a decision based on the preponderance of the evidence. 

8.2        In a case where the facts are contested there is generally a "weight" of evidence on each side. The Head will place greater emphasis on evidence which, when fairly considered, produces the stronger impression and is more convincing. After considering all the available evidence the Head will decide whether there is a greater weight of evidence that the resident was responsible for the breach than the resident was not.

8.3        This standard is not the same as "beyond reasonable doubt" which is a more rigorous requirement demanded by the courts in criminal cases. Given this, the Head need not attain the degree of certainty that is required to justify a criminal conviction.

9.0        Sanctions 

9.1        Where a resident has been found in breach of Residential Community Standards, the Head may impose a sanction. Such sanctions are designed to hold residents accountable for their inappropriate behaviour and may be imposed for their educative effect. The process is intended to be one in which residents are encouraged to examine the motives for, and consequences of, their actions.  Where appropriate and reasonable, sanctions should encourage residents to examine their own actions, and heal any ill feeling or unease in the community caused by their behaviour. 

9.2        In determining an appropriate sanction, the Head will evaluate each situation and resident individually. The Head will consider multiple factors including the details of the current breach, the resident's previous conduct, history and attitude in arriving at the best sanction for that individual.  The types of sanction that may be imposed, include, but are not limited to:

10.0      Definitions

10.1      The term Head   shall refer to the:

College Head of a Hall of Residence, Normanby House, South East Flats, Gippsland Residential, Caulfield Residential, Berwick Residential and Peninsula Residential (or any person acting in that position from time to time or nominated to perform a particular task).

10.2 The term Director MRS shall refer to the person occupying or acting in the position of Director, Monash Residential Services from time to time or his/her authorised representative.

10.3 MRS shall refer to Monash Residential Services

11.0      Avenues of appeal

Apart from the procedures for an appeal as outlined in Section 5, there will be no further avenues of appeal and the decision of a panel is final

12.0      Notice

Any notice under this Policy may be delivered to the resident personally or to his or her accommodation or email address (as recorded on the university student information system).  A notice will be deemed to have been served -

12.1     where it is delivered by email or hand, on the date on which it is delivered; or 

12.2     where it is delivered by post, 2 working days after the date on which it is delivered.

Latest update:   18 November 2011