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(2) This Procedure applies to all VU staff, this includes: (3) This Procedure applies to all complaints about: (4) This Procedure will not apply to any decision regarding a staff member that has been made under a policy or procedure that provides its own review mechanism. Examples of these are provided in the Complaints Policy. (5) This Procedure operates in conjunction with the applicable VU Enterprise Agreements and does not limit any rights available to staff under applicable industrial instruments, legislation or external complaint bodies. Where an employee has sought to resolve their complaint through an external process, VU may suspend or discontinue action under this Procedure if it considers it is appropriate or prudent to do so to avoid duplication or conflicts. (7) All staff complaints are submitted through the central VU staff Complaints Portal [link]. The relevant staff manager will assess the complaint and: (8) VU reserves the right to determine the most appropriate method to manage a complaint and may implement interim measures at any stage of the complaints process to protect the safety and wellbeing of staff and/or students, including workplace adjustments, temporary relocation, or modified reporting arrangements. (9) All complaints will be managed in a manner that prioritises the safety, dignity, and autonomy of the complainant. (10) At VU's discretion, staff complaints involving multiple issues may be dealt with either collectively or individually. (11) Complaints involving Gender-Based Violence will be managed in line with the Gender-Based Violence Policy [link], by staff with appropriate training, and may require coordinated risk assessments, tailored support plans, and/or distinct response pathways. (12) Where safe and appropriate to do so, staff should make genuine attempts to resolve matters early through informal means. Informal resolution does not require a written complaint and may involve direct communication between the complainant and the individuals concerned. (13) Complaints that are not suitable for local level (or informal) resolution may be raised through the VU Staff Complaints Portal [link]. Informal resolution is not a prerequisite for lodging a formal complaint via the Portal. (14) Informal resolutions, whether provided in writing or not, can be lodged as a formal complaint if the informal resolution proves unsuccessful. (15) Staff can seek assistance from their manager/supervisor, P&C and/or an independent support person at any time throughout the complaint process. (16) Staff may also seek advice or support from appropriate specialists such as the Employee Assistance Program (EAP). The EAP is a free, confidential, externally managed service available to employees, offering assistance by working with staff to develop strategies to address and resolve their concerns. (17) Staff should lodge a complaint through the VU Complaints Portal [link] or with a manager/supervisor directly. Those unable to access the online portal may contact the Student Complaints and Integrity Office or P&C to request a hard copy complaint form. VU may commence a formal process without a written complaint if required. (18) The University’s ability to respond to anonymous reports is limited as no follow-up engagement, clarification or seeking additional information is possible with the discloser. If possible, the University may contact complainants to provide advice about options and referrals to support services. (19) Complainants will be offered choices about how their complaint is managed, including the option to pause, withdraw, or change the process at any time. (20) When a complaint is lodged, a preliminary assessment and triage is performed by the relevant manager/supervisor (or their nominee), with the support of People and Culture. This involves: (21) VU will endeavour to conduct a preliminary assessment of a complaint within 10 working days of receipt, and to conclude investigations within 30 working days, unless the complexity of the matter warrants a longer investigation period. (22) The manager/supervisor should contact P&C for advice and assistance before commencing any intervention (see Part F below). Once intervention has commenced, they should inform the complainant of the action taken to resolve the alleged reported behaviour. (23) VU adopts a flexible approach to complaint resolution and matters may be addressed in one or more of the following ways: (24) Instances of gender-based violence may constitute a sexual offence. The investigation and determination of a sexual offence under the criminal justice system is beyond the University’s capacity or jurisdiction. The University will make appropriate referrals to external agencies who may provide individual support or investigation of offences. (25) Gender-based violence may be investigated under the Staff Enterprise Agreement, or other relevant frameworks, provided the discloser has consented to this approach or the University is obligated to act for safety reasons. VU does not seek to replicate criminal justice processes but recognises its role in maintaining a safe learning and working environment. (26) VU may investigate matters that arise while a person is employed, or within 12 months of their enrolment or employment ending. Outside of this timeframe, VU may not conduct an internal investigation unless there is an ongoing risk to members of the University community (for example, where the alleged perpetrator remains a current student or staff member). (27) The initial response by P&C will include: (28) P&C will undertake a risk assessment and develop support plans for both the Discloser and the Respondent. These plans may include workplace adjustments, safety measures or referrals, and will be tailored to the specific needs and circumstances of each party. Where VU lacks staff with the expertise to conduct a risk assessment, the University will engage a qualified external professional, except where urgent internal action is required. (29) Where appropriate, staff will be offered a single point of contact to reduce the need for repeated disclosures. (30) Safer Community and P&C will coordinate with each other to meet with the Discloser of gender-based violence and develop a tailored safety and support plan. This plan will: (31) The University will also offer a tailored support plan to the Respondent, which may include: (32) Staff assigned to support the Discloser will not be the same as those supporting the Respondent. (33) Where a matter may require escalation for safety or compliance purposes, the University will seek and consider the views of the discloser before deciding to proceed. The University will notify the discloser if an investigation is to proceed and explain the rationale for this decision. If an investigation is initiated, both the discloser and respondent will be notified on the same day, with the discloser notified first, in accordance with trauma-informed practice. Such action will only be taken where there is an unacceptable level of risk. (34) The University will not require a Discloser or Respondent to provide physical evidence (such as forensic or medical records) in order to investigate or take action on a disclosure or formal report. (35) Where a Formal Report relates to gender-based violence and the only connection of the Respondent to VU is their staff status, the University will still consider the safety and wellbeing of students and staff in determining the scope of investigation. Investigations may proceed regardless of where the alleged conduct occurred. (36) Managers or supervisors will typically be the first to respond to staff complaints, making reasonable efforts to understand the issue and address concerns through appropriate support and/or practical solutions. (37) Intervention by the relevant manager/supervisor may involve one or more of the following (where considered reasonable): (38) The University will consider what, if any, reasonable action is necessary to protect the wellbeing or safety of the University community. (39) Depending on the circumstances, the manager/supervisor may review the matter after a period of between 1-3 months. If the situation has not improved, other methods of resolution may be explored. (40) Facilitated discussions are voluntary and may be recommended in cases of interpersonal conflict, particularly where the parties have an ongoing working relationship and appear willing to reach a resolution. (41) With the assistance of an impartial facilitator appointed by P&C in conjunction with the relevant manager/supervisor, parties will have the opportunity to discuss the issues, consider possible solutions, and work towards a mutually acceptable outcome. (42) The facilitator may meet with the parties separately, together or a combination of both. Their role is to guide the process and support resolution, not to make any formal findings of fact. (43) Facilitated discussions are confidential. Only the agreed outcome will be reported to P&C and the relevant manager/supervisor. (44) Facilitated discussions will only proceed with the informed consent of all parties and will be conducted in a manner that prioritises psychological safety. (45) Facilitated discussions may not be appropriate where there is a significant power imbalance, a risk to health or safety, or where one or more parties are unwilling to participate constructively. (46) VU may initiate a workplace investigation into staff conduct where it considers this necessary, for example, in the case of complaints relating to complex or serious behavioural matters. When determining whether an investigation is necessary, VU will consider a range of factors, including but not limited to: (47) All staff members involved in resolving a complaint must ensure that they comply with VU’s Conflict of Interest policy in respect of their involvement in the complaints process. (48) Where early intervention or facilitated discussion has not resolved the situation or is inappropriate, the complaint may be investigated by an independent (internally or externally appointed) person or body that must not have any previous involvement in the matter and will be appointed by People and Culture. (49) Investigators will be trained in trauma-informed practice and will ensure that interviews and evidence gathering are conducted with sensitivity and respect. (50) Where a matter is referred for investigation, the investigator will: (51) Where a matter is referred to Victoria Police, the University will cooperate fully with the police inquiry. In cases of police involvement, VU may defer action pending the outcome unless immediate protective steps are required. (52) The investigator’s written report will be provided to P&C and to the respondent’s manager/ supervisor for consideration and a decision as to the appropriate outcome. Where it is not appropriate for the manager/supervisor to make a decision —for example, due to a conflict of interest or their involvement in the complaint— the report will be referred to a senior officer nominated by P&C to determine the outcome. (53) A formal complaint will be found to be either: (54) Following an investigation, the University may: (55) A determination that the complaint is substantiated wholly or in part may lead to any combination of the following outcomes, or any other outcome appropriate in the circumstances: (56) The decision maker may also determine that the complaint is frivolous, vexatious, or lacking in substance. Where the complaint is considered vexatious, VU may initiate disciplinary action against the complainant. (57) It is expected that the investigation and decision process will be completed in a timely manner and unless by exception, within 30 days. All parties must be kept informed of progress and expected timeframes. (58) Save for where the outcome involves disciplinary action, the decision, along with a summary of reasons, a clear statement outlining next steps, and an invitation for the complainant to provide feedback, will be communicated to the complainant, the respondent/s, and People and Culture. (59) Staff complainant may request to remain anonymous when submitting a complaint or during an investigation process. However, staff will be advised that in certain circumstances, this may limit the University’s ability to support the complainant and may limit the range of possible outcomes available. (60) Where a staff complainant requests to remain anonymous, all identifying information will be removed from the initial complaint prior to any referral to third parties for investigation. (61) VU may, at any stage, initiate disciplinary action against a respondent where the allegations are sufficiently serious and/or where there are reasonable grounds to demonstrate a case to answer. (62) The nature of disciplinary action will depend on the type and seriousness of the conduct, as well as other relevant factors relating to the staff member’s employment and personal circumstances. (63) Decisions to initiate disciplinary action will be made by the designated decision maker in the relevant industrial instrument, the Victoria University Enterprise Agreement 2025 or Victoria University Vocational Teacher Enterprise Agreement 2025, in consultation with P&C (for staff respondents) or Student Complaints and Integrity (for student respondents), and will be carried out in accordance with the relevant procedure and/or applicable industrial instrument. (64) Where an industrial instrument applies to a staff respondent, disciplinary action for Misconduct or Serious Misconduct (where applicable) will be determined and imposed under that instrument and may include: (65) Where a disciplinary process has already commenced in another forum, the relevant decision maker will ensure that the process does not duplicate or substantially overlap with any legal action or resolution process underway on the same matter. (66) If a person within the Scope of this Procedure is investigated and the report is upheld, that individual may be subject to disciplinary action under the relevant University Policy. (67) Disciplinary action will also be taken against anyone who retaliates against or victimises a person who has made a disclosure or complaint to the University. Examples of victimisation include but are not limited to: (68) The Discloser will be notified in writing of the outcome of the investigation and any disciplinary process on the same day the Respondent is notified, unless the Discloser requests not to be notified of the outcome. (69) Where there may be an ongoing risk to the broader University community, P&C (in collaboration with other university services where appropriate) are responsible for identifying risk and implementing appropriate actions to address that risk and to provide a safe work and study environment. This may include providing safe places to work or study at the University, for both a Discloser and respondent. (70) If the University determines it necessary to protect the safety and wellbeing of a victim/survivor, any person within the Scope of this Procedure may be subject to the following measures while a police investigation or criminal matter is ongoing, including suspension of a staff member without loss of pay in accordance with clause 74.7 of the Victoria University Enterprise Agreement 2025, or the equivalent provision in the applicable TAFE Teachers Enterprise Agreement, where allegations involve Serious Misconduct. (71) After finalisation of any police action, criminal proceedings or other legal action, VU will continue to provide assistance and support measures as required to protect the safety and welfare of all parties. (72) Subject to any applicable industrial instrument, a complainant may request a review of the complaints process by lodging a written request with P&C within 10 working days of being notified of the decision. Where an industrial instrument provides a right of review, that process will take precedence. (73) The Review will be conducted by: (74) Reviews will be conducted in a timely manner and will consider whether the process undertaken was in accordance with the procedure. (76) The Reviewer's decision will be communicated in writing to the complainant. (77) This review constitutes the final avenue of review within VU. Complainants may, however, pursue recourse via external bodies where applicable (e.g. Ombudsman Victoria, Fair Work Commission, Equal Opportunity Commission). (78) Support services are available to staff at all stages of the complaint process, including before lodging a complaint, during resolution, and after outcomes are determined. (79) Support for staff is available from the following services: (80) Further support off campus is available from the following services: (81) P&C will report annually to relevant Corporate Governance Committees on the data and trends for staff complaints as detailed in the Complaints Policy. (82) HESF: Standards 2.3 Wellbeing and Safety; HESF: 2.4 Student Grievances and Complaints; 6.1.4 Corporate Governance. (83) National Code of Practice for Providers of Education and Training to Overseas Students 2018: Standards 5 Younger overseas students; 6 Overseas student support services. (84) Outcome Standards for NVR Registered Training Organisations 2025: Standards 2.6 Wellbeing; 2.7, 2.8 Feedback, Complaints and Appeals. Compliance Standards for NVR Registered Training Organisations and FPP Requirements 2025: Standard 20 Compliance with Laws. (85) Complaint: When a staff member expresses a concern about a work related issue which may include an act, behaviour, decision, situation, omission or problem that the person perceives to be unfair or unjustified; or dissatisfaction about a work situation or a matter which adversely affects their work or work environment. (86) Complainant: A person who raises a complaint under this procedure. (87) Discloser: A person making a disclosure of gender-based violence. (88) Disclosure: The provision of information about a person's experience of gender-based violence to the University by the discloser or another person, however communicated. Disclosures may be made to access support, initiate protective measures, or request formal action. A disclosure may lead to a formal report if the person wishes. (89) Formal report: The provision, through formal reporting channels, of information about a person’s experience of gender-based violence by a discloser to the University, which requires the University to consider taking steps beyond the offer and provision of support services. These steps may include investigation, risk mitigation, or disciplinary proceedings under misconduct processes. Formal reports are made with the discloser’s informed consent (90) Frivolous complaints: A frivolous complaint is a complaint that is lacking in any substance or merit. Not all frivolous complaints imply an improper motive on behalf of the complainant. (91) Gender-Based violence: means any form of physical or nonphysical violence, harassment, abuse or threats, based on gender, that results in, or is likely to result in, harm, coercion, control, fear or deprivation of liberty or autonomy. VU recognises that this includes sex discrimination, sexual harassment, sex-based harassment, conduct that creates a hostile work or study environment on the ground of sex, and victimisation, all of which are unlawful under the Sex Discrimination Act 1984 (Cth). (92) Respondent: For the purposes of this procedure, a person whom a complaint is raised against (93) Vexatious Complaints: A vexatious complaint is a complaint with no merit, which is specifically being pursued to harass, annoy or cause financial cost to VU or another person. (94) Victimisation: In the context of this Procedure, victimisation refers to the unfavourable treatment of a person because they have made, or intend to make, a complaint or have participated in the complaint process. (95) Misconduct: means conduct which is not Serious Misconduct and is unsatisfactory conduct or behaviour. (96) Serious Misconduct: means: (97) Support Person: A person who is able to offer support to a complainant, witness or respondent, through attendance at investigations, interviews, or other stages of a complaint. A support person is not to act as an advocate or interfere with the process. (98) Representative: For staff, a person chosen by a staff member to represent them in relation to a specific matter or process. Refer to the relevant Enterprise Agreement for more information. Complaints Procedure (Staff)
Section 1 - Summary
Top of PageSection 2 - Scope
Section 3 - Policy/Regulation
Top of PageSection 4 - Procedures
Part A - Summary of Roles and Responsibilities
Roles
Responsibilities
Staff
Managers and Supervisors of staff
People and Culture representatives
Chief Human Resources Officer
Review complaint matters where a party to a complaint presents valid grounds for procedural review
Part B - Overview
Part C - Local-level resolution
Part D - Lodging a Complaint
Part E - Preliminary assessment and triage
Part F - Gender-based Violence
Part G - Complaint Management
Intervention by Manager/Supervisor
Facilitated Discussions
Part H - Investigation
Part I - Decision-making in Complaint matters
Disciplinary Action
Part J - Interim and protective measures
Part K - Review
Part L - Support
Part M - Data and Reporting
Section 5 - HESF/ASQA/ESOS Alignment
Section 6 - Definitions