Our Institute will ensure that all learners have a voice.
A Learner has the right to complain in any of the following decisions:
- The employee member’s decision that the learner committed an act of misconduct
- The employee member’s decision to impose an academic sanction
- Supposed unjust practices by a member of employee including bias, discrimination or any contrivance of any code of good practice concerning members of employee.
Learner Grievance and Disciplinary Procedures
- If the learner desires, he/she will initiate a complaint / grievance concerning an employee member’s decision by submitting a written request to the Director within seven (7) calendar days after receiving a written report from the employee member concerning the decision or after the alleged offense occurred.
- Within seven (7) days after receiving such a complaint / grievance, the Director will have an informal meeting with the Learner and the Employee Member To resolve the matter informally without written documentation and transcripts.
- Should the Director elect not to meet with the Facilitator and the Learner or if the matter cannot be resolved at this point, they will convene a conference comprising of the Director one senior Employee Member, the Learner concerned, Representatives of the Learner and one other Employee Member (not from the Employee concerned) from the Company. Transcripts of the Complaint / Grievance will be made available to all parties concerned and be filed for review.
- If the matter is not resolved at this conference, the Learner may, within four (4) calendar days of the meeting deliver a written request to the Director outlining the case thus far asking for a meeting with the Training Committee.
Composition of the Training Committee
The Director, in consultation with the other Members of the Training Committee, is responsible for selecting a date and time for the complaint / grievance to be heard, conducting the complaints / grievance board meeting, maintaining the necessary order, making all rulings that are necessary for the fair, orderly, and expeditious consideration of the complaint / grievance, and making every reasonable effort to provide the Learner/ Facilitator with due process.
Within seven (7) days of receiving the complaint / grievance the Director shall consult with other Members of the Committee, and inform the Learner via both a letter to the Learner’s permanent address on record as well as informing the member of employee in writing:
- Of the date, time, and place the complaint / grievance will be heard, and of the Members who will be present.
- That the complaint / grievance will be held as a closed meeting, unless the Learner notifies the Director within three (3) calendar days of receiving notification of the appeal committee meeting that he/she desires the appeal to be open to the public. If the learner requests an open hearing the Director is authorized to make a final decision concerning the place where the complaint meeting is to be held and the number of observers to be accommodated.
- Of any witnesses who may appear at the meeting of the Training Committee, and/or whose statements may be offered as evidence, and a summary of the information upon which the allegation is based.
- That they are expected to be present at the complaint; that they may provide witnesses at the complaint; that statements or evidence that the Learner may present will be provided to the Director and the Employee Member no later than four (4) calendar days before the appeal and training committee meeting, excluding recognized holidays and breaks; that the Learner may be precluded from presenting witnesses or evidence at the complaint meeting if the information has not been provided prior to the meeting.
- That they may be accompanied by an advisor, or, at the Learner’s own expense, an attorney, but that the advisor or attorney will not be allowed to address any other participants involved in the complaint process.
- That failure to appear before the complaint board shall be sufficient to justify the dismissal of the complaint / grievance if the training committee determines that the failure to attend was without good cause.
- Shall consult with other members of the Training Committee and inform the Employee Member concerned via e-mail, in writing or verbally:
- Of the date, time, and place the complaint will be heard and that they will be required to attend the hearing or the accusation of academic misconduct against the Learner will be nullified or the complaint against him/her will be upheld.
- That they will prepare a list of any witnesses that they may present at the hearing and/or whose statements may be offered as evidence at the hearing; that the list will be submitted to the Director and the Learner involved by no later than four (4) calendar days before the hearing, excluding recognized holidays and breaks; and that the employee Member may be precluded from presenting witnesses or evidence at the appeal if the information has not been provided prior to the meeting.
- During the Training Committee Meeting the Director shall also:
- Make an official recorded transcript of the complaints meeting
- Provide the Learner an opportunity to make a concluding statement in support of the complaint
- Provide the Employee Member with an opportunity to respond to the Learner’s final statement concerning the complaint / grievance.
Role of the Training Committee
The role of the Training Committee is two-fold:
- Learning Programme Evaluation – The first is to ensure that the committee is kept up to date with the entire learning process and all the changes that may result of any QAP changes, learning material updates, learner feedback, facilitator feedback, assessor feedback and moderator feedback. This committee will consist of the following key people:
- The Director – in their capacity as the Institute Representative
- External Accreditation Consultants
Minutes will be recorded and filed accordingly. In some instances, the members of this Training Committee may also be part of the Quarterly Review Meetings which will be held.
- Complaints / Grievances – The Training Committee will listen to all aspects of the case to determine if the evidence and statements provided during the Complaints / Grievance Meeting supports the allegation that the Learner/Member of employee committed the alleged violation. It is ultimately the responsibility of the Institute(Employee Member) to provide sufficient information and/or documentation to support their case. The Committee may conclude that the evidence and statements provided by the company:
- For the Complainant;
- Against the Complainant;
- For a reduced sanction for misconduct against the Learner;
- To ratify sanction for misconduct against the Learner;
- To relieve the sanction of the Learner.
Report of the Committee
- Within ten (10) calendar days (excluding recognized holidays or breaks) after the hearing, the Director will prepare a written decision which includes an explanation of the committee’s action and the findings of fact upon which the action is based. The decision will be sent via both regular mail and e-mail to:
- The Learner;
- The Employee Member;
- Unless a document can prove procedural error has occurred, all decisions and/or recommendations made by the committee are final and the complaints process is terminated with the filing of their report.
- The Institute recognizes that in some situations it may be difficult for a Learner to clearly articulate their case or to quickly process and interpret the proceedings; for example:
- Learners for whom English is a second language;
- Learners with a disability
- If the Learner wishes in these unique circumstances the Director may make provision which allows an Advocate or Advisor to:
- Address the Committee, in cases of academic or personal misconduct;
- Address the Director, in cases of complaint.
Learner Grievance and Disciplinary Process Flow