Student Academic Complaints Statute

a) This Statute may be cited as the Student Academic Complaints Statute. 

b) This statute comes into force on 1 August 2024. 

This Statute applies to all students and all staff members of the University. 

This Statute does not override the provisions in any other University statute or regulation. Where any provision of this statute is inconsistent with a provision in another University statute or regulation, the provision in the other statute or regulation will prevail. 

To set out the actions to be taken for the resolution of students’ concerns and complaints about specified teaching and learning matters where a student believes they have been unfairly or unreasonably treated or disadvantaged. 

The principles that underpin the University’s approach to addressing student academic concerns and complaints are: 

(1) providing a safe, inclusive and equitable process for all parties, recognising the power relationship between a student and a staff member. 

(2) resolving student concerns at the academic unit, faculty or large-scale research institute level, where possible. 

(3) informing students of the support available to them throughout the complaint process. 

Note – AUSA offers a free and confidential advocacy service that is independent of the University. 

(4) ensuring that information on processes for the resolution of concerns and complaints is readily accessible to students.  

(5) ensuring that decision making is impartial, and carried out in a fair and timely manner. 

Scope of the statute

1. A student may raise a concern or complaint under this statute over one or more of the following matters, unless the matter is excluded by section 2:

a) The delivery of a course or programme;
b) The process of assessment in a taught course or programme;
c) The learning resources provided to meet the requirements of a course or programme;
d) Course or programme advice;
e) Supervision arrangements and/or the quality of research supervision; and
f) The authorship of research.

2. The following matters may not be raised as a concern or complaint under this statute:

a) Admission to and enrolment in a programme or course;
b) Matters pertaining to postgraduate research examination processes;
c) Matters within the scope of a complaint mechanism provided by another University process; and
d) Complaints about the academic merit of a student’s work or progress, including but not limited to the marks awarded for an individual piece of assessed work, a student’s academic standing, and assessments of doctoral candidature under University procedures.

Resolution of student academic concerns and complaints

3. All concerns raised under this statute must be resolved in accordance with this statute and the Student Academic Complaints Procedures (the Procedures).

4. The Provost will from time to time prescribe such procedures for dealing with student academic concerns and complaints as required by this statute and otherwise as they consider necessary.

5. Staff members must take all reasonable steps to ensure that neither students nor staff members are victimised in the process of resolving students’ concerns or complaints.

6. Students and staff members involved in any process under this statute must act in good faith.

Informal resolution of student academic concerns

7. A student initially must attempt to resolve an academic concern informally unless they consider informal resolution to be inappropriate in the circumstances.

8. If a student is not satisfied with a proposed resolution through an informal process or where the student considers informal resolution to be inappropriate, they may make a formal complaint under this Statute.

Resolution of formal student academic complaints

9. A formal academic complaint must be submitted by a student (the complainant) to the relevant academic head in accordance with the Procedures.

10. The academic head is to deal with a complaint in accordance with the Procedures. In particular, the academic head must:

a) Determine whether the complaint is accepted for consideration under the statute;
Note – For example, a matter excluded from the scope of the statute under section 2 of the statute would not be accepted for consideration.
b) Investigate the complaint (or appoint an investigator to do so) and make a provisional determination either to dismiss the complaint, or to uphold the complaint in full or in part;
c) Propose an appropriate resolution for the complaint – if it is upheld in full or in part; and
d) Notify the complainant and the dean of their provisional determination and proposed resolution (if applicable).

11. The complainant and relevant staff members may provide a written response to the provisional determination and/or proposed resolution of the academic head.

12. The dean will consider the complaint, including the academic head’s provisional determination and proposed resolution, the complainant’s response (if any), and any responses from relevant staff members, and make a decision on the complaint and its resolution.

Right of review

13. A complainant who receives a decision and resolution from a dean under section 12 may, in accordance with the Procedures, request a review of that decision by the Provost only on the grounds that:

a) there was a failure of the University’s process; and/or
b) the dean’s decision was manifestly at odds with the evidence.

14. The Provost’s decision on a review application is final.

Transitional provisions

15. This Statute replaces and repeals the Resolution of Student Academic Complaints and Disputes Statute (2013), but specifically preserves all process, proceedings, rulings and rights to review for formal proceedings already commenced under Resolution of Student Academic Complaints and Disputes Statute (2013) until they have been disposed of under that statute.

16. Applicants for admission to a programme may request a review by the Provost of a decision to decline their application in accordance with section 13 provided that they have first followed the relevant faculty’s appeal procedures (if any) and section 13 and the relevant Procedures shall be deemed to be modified to the extent necessary to give effect to this right of review. This section will be repealed on the date that another University statute, regulation, policy or procedure that specifies the rights of applicants whose applications are declined comes into force.

Note – This section is intended to continue the existing right of review in the Resolution of Student Academic Complaints and Disputes Statute (2013) as an interim measure until such time as another University statute, regulation, policy or procedure which specifies the rights of declined applicants is approved.

Academic head means head of department, school, or other teaching or research unit (or nominee).

Complainant means the student who has submitted a complaint.

Dean means faculty dean (or nominee) or large-scale research institute director (or nominee).

Postgraduate research for the purposes of this statute means postgraduate research of 30 points or more, and includes undergraduate Bachelors Honours and doctoral research.

Procedures means the Student Academic Complaints Procedures.

Provost refers to the person for the time being holding the appointment of Provost.

Staff members refers to an individual employed by the University on a full or part-time basis. This includes permanent, fixed-term or casual staff members.

Student means any student enrolled at the University at the time of the event that is the subject of a concern or a complaint.

Taught course for the purposes of this statute means any course except those including research components of 30 points or more.

University means Waipapa Taumata Rau, University of Auckland and includes all subsidiaries.

University process – means a formal process provided by University statutes, regulations, policies or procedures, as well as administrative processes authorised by a University statute, regulation, policy, or procedure to be developed and by faculties or service divisions.

Victimised means the infliction of detrimental treatment on a person owing to their participation in an academic complaint, as either a complainant, a witness, a provider of advice, or a subject of the complaint.

Addressing Bullying, Harassment and Discrimination Policy and Procedures
Authorship Guidelines
Code of Conduct
Doctoral Candidature Appeal Procedures
Doctoral Confirmation of Candidature Policy and Procedures
Doctoral Continuation of Confirmed Candidature Policy and Procedures
Doctoral Candidature Intervention Policy and Procedures
Doctoral Examination Appeal Procedures
Doctoral Supervision Policy and Procedures
Enrolment and Programme Regulations
Examination of Subdoctoral Postgraduate Research Components of 30 Points and above
Examination Regulations
General Regulations – Masters Degrees
PhD Statute
Privacy Act 2020
Privacy Policy
Statute for Student Discipline
Student Academic Complaints Procedures
Student Academic Conduct Statute
Student Charter
Student Voice Policy
University Organisation Structure

Owner:  Provost
Content manager: Manager, Academic Quality Office
Approved by:  Council
Date approved:  12 June 2024
Review date:  12 June 2029