Grievance Policy

Conflict

Conflict is a natural occurrence in healthy relationships. The Institute encourages the airing of grievances, and works towards the resolution of conflict using the principles of Gestalt therapy.

If you have a grievance or conflict, you are asked to:

• take responsibility for developing sufficient self-support and environmental support to work through the process
• be mindful of the context in which the conflict has developed, to look for holistic solutions
• resist pathologising or scapegoating people or events
• be willing to look at your part rather than focusing on change in the other
• use the phenomenological method to describe and talk about the grievance:

set aside initial biases, prejudices, expectations and assumptions so as to focus on the primary data of the experience

describe rather than explain the experience

regard all pieces of information related to the experience as having equal value so as to avoid making immediate, misleading judgements

• adopt a dialogic stance in the conflict resolution process:

engage in the process with a willingness to be open and affected by it, and willing to be responsive to the other

If the issue is a dispute between trainees, it is the responsibility of both trainees to work towards resolution. The Institute will do its best to support the working through of any such conflicts, but it is the ultimate responsibility of trainees to commit themselves to find a way through.

 

Trainee action	Institute response	Institute action
1. Informally request one or more one to one meetings with the trainee involved	--	Provide a space for such a meeting if requested
2. Formally request (in writing) the Institute provide a staff member to attend a  mediated session	Written response within 7 working days of reception of written request	A meeting will be organised by the staff member as soon as possible for both parties
3. Ask the other trainee to attend more mediation sessions as necessary.	Encourage such joint mediation work to occur	-
4. Both trainees work on the issue in their individual therapy sessions	--	--

A certain amount of support may be provided within a training session if the conflict is between two trainees in the same group. However, this time will be limited, and the trainees will be referred to the above processes.

If the conflict remains stuck at the end of the training year and of concern to the parties and/or the trainer, both trainees may be required to do additional mediation and extra therapy hours as a condition for re-enrolment.

Ethics

 

 The Institute is accredited with GANZ and is committed to following the GANZ code of ethics. This means that trainees can expect trainers to evidence adherence to those principles and practices in their attitude and behaviour.

Likewise, trainees are expected to orient themselves around this code. It is not just something that you start to think about and hold yourself to after you graduate, but a part of the learning process of integrating and applying Gestalt in both your personal and professional lives.

At whatever point you are seeing clients clinically, the code becomes very important. This is structured into the training in 3rd year, and is covered in the curriculum. Throughout the training you are required to read through the GANZ code, consider how it applies to you, and ask questions regarding any situations of potential conflict or uncertainty regarding ethical matters. The code is listed in the appendix.

You are required to sign a document every year stating your agreement to following the code. This code is not God-given; its merely a useful framework that operates by agreement. There may be aspects of it you do not agree with. You are entitled to disagree. But you must declare this, along with reasoned arguments as to what and why you disagree. You can expect a dialogue with your trainer if you do this.

Respectful behaviour

 The Institute promotes an ethic of respect for others, for both staff and trainees. Spontaneity and playfulness are encouraged; boundary violations and other forms of disrespectful behaviour are not.

The latter may include (but is not exclusively limited to) comments or actions which create the effect of putting down someone on the basis of racial origin, age, marital status, disability, pregnancy, religion or sexual preference.

Another important boundary is sexuality. Examples of disrespectful behaviour are: touching or flirting with unwilling persons, telling sexual jokes or making sexual innuendoes, making unwelcome sexual advances or requesting sexual favours.

Other behaviours include threats, teasing, ridicule, name calling, or spreading rumours or any form of bullying.

If you experience being on the other end of such behaviour, or you think you see it happening, the first step is to speak directly to the person/s involved. If the behaviour continues, the next step is to speak with your trainer about the matter. Refer to the Grievance procedure below.

Ethics and the learning process

 

 In the varied facets of contact with others during the course of training, ethics is a consideration. Any work you do with clients is an obvious place where ethics are essential. The standards in the GANZ code outline a very basic framework. However a lot of thought is required in terms of what the principles actually mean in application.

When working with other trainees as clients, there is obviously a different situation, not necessarily described so much by the GANZ code, and so requiring particular thought and care.

In study groups, group process in the training, and in other situations arising out of the training context, it is important to maintain an awareness of the ethics of behaviour. This is not about imposing some moralistic code, but more oriented to taking the principles of Gestalt seriously, and making a sincere attempt to live them in practice.

So for instance in group process, there is a great deal of space and support for authentic expression, and this may at times lead to conflict. You are invited to consider what makes actions in a conflict ethical. Listed above are some of the suggested dimensions of respectful behaviour. To this might be added: speaking in ‘I’ language, talking directly with people rather than about them, and listening to people’s limits.

Ethical policy statement

The Graduate Diploma of Gestalt Therapy combines theory, skills development and personal awareness work.

Personal awareness work is undertaken through the following forms:

individual personal counselling
the experiential component of group, pair and triad work
essays which require personal experience
peer supervision groups
tutorials

This component of the course involves the revelation of personal information which may be of a sensitive nature.

All care is taken to ensure that such information is to be treated by all staff and students:

with complete confidentiality
with appropriate respect

Staff ensure that such personal disclosure is met with:

appropriate levels of support
an understanding that a student can stop at any time
a understanding that the student is in complete control of how much they choose to reveal

Within the scope of this policy, written work is received, processed, and returned in such a way as to maintain privacy and ensure confidentiality.

Complaints, Grievances and Appeals

The Institute deals with all complaints, grievances and appeals promptly and systematically. Staff and students are informed of the Complaints, Grievances and Appeals Procedure through:

• Student orientation sessions
• Staff induction sessions
• Code of Practice
• Training Manual

The Institute website – see your student page.

All trainees of the Institute or those seeking to enrol in a course of study with the Institute are entitled to access the grievance procedures set out in this policy. The aim is to offer a process whereby persons with a grievance can raise their issue and know that it will be dealt with in an appropriate manner with due process.

What is a grievance?

A grievance is another word for concern or complaint to do with the operation of the Institute or the behaviour of staff. Under certain circumstances, the complaint can also be made regarding the behaviour or other students.

Grievances are generally personally based. You may object for instance to the way a staff member speaks to you. But if you object to the way they speak to someone else, then it is better to support that person to act for themselves. Similarly, you may object to the way that an institute process impacts on you, but a general critique of institute processes is better put in the form of a suggestion than a grievance.

Staff are answerable to the GANZ code of ethics, and the institute is answerable to its accrediting bodies – the Education Department, and GANZ. You may place grievances which relate to these matters, but you will need to ensure that you frame such concerns within the terms of reference of those accrediting bodies.

If the grievance is against another student, you should firstly exhaust the above directions in terms of dealing with a conflict.

In this, and all other regards, it is important to understand that initiating a grievance process involves moving from an informal to a formal mode of working. The formality ensures that you concern is heard and addressed. This is your power, in the face of the power that institutions and its staff hold. However, doing this means that you will get a formal response, and this may not be satisfying to you. Whilst you can appeal such a response, at each stage you will get a single decision. Thus a grievance process forces matters to be dealt with, but also tends to close down dialogue and replace it with judgements. These judgements provide clarity but may not solve the underlying dynamics of conflict.

It should also be noted that only under exceptional circumstances are third party grievances (complaining on behalf of someone else) appropriate. Given that everyone has access to this process, it is important for people to lodge their own grievances. If you know someone has a grievance, you may encourage them to act on it formally.

An example of exception to this might be if you have clear evidence of sexual misconduct on the part of a staff member and the subject is not bringing the matter forward.

What are some kinds of grievances?

Any problem, concern or complaint where you feel you are being unfairly treated by a staff member is a grievance, and any person can have one.

Some examples are:

• You may have ongoing trouble or a stuck conflict with a staff member
• You may feel you are being harassed or discriminated against.
• You may feel that you are being treated unfairly in some way by the Institute

Grievance Procedure – non academic matters

Trainees or applicants enrolling in any course in the Institute are entitled to access the grievance procedures set out in this policy, regardless of the location of the campus of the Institute at which the grievance has arisen, the trainee’s place of residence or the mode of their study.

There are ordered stages by which a complaint may be addressed.  Each stage is free of charge.

The complainant and respondent will not be victimised or discriminated against in any of the stages set out in this policy.

The complainant and/or respondent have the right to be represented by a third person (such as a family member, friend, counsellor or other professional support person) if they so desire.

At all stages of the process, reasons and a full explanation in writing for decisions and actions taken as part of the procedures will be given if requested.

Records of all grievances and applications for review of decisions are kept and are accessible to all interested parties for a period of 5 years.

Records of grievances and their outcomes are kept strictly confidential and filed in a separate file (not kept on the student or staff file) and stored in the office of the Director for a period of 5 years.  Parties to the complaint will be allowed supervised access to these records.

The procedures set out in this document do not replace or modify procedures or any other responsibilities which may arise under other higher education provider policies or under statute or any other law.

Please be aware that formal grievance proceedings are not extended discussions. They involve formal decision stages, with limited windows for investigation and response. They produce action responses, but these are different in character from ongoing dialogue.

Procedure

 If a person is aggrieved about:

• An administrative decision
• Perceived discrimination
• Sexual harassment
• any other matter to do with the running of the institute or the behaviour of staff

…the procedure is as follows:

Stage 1 – Direct

Grievance action	Time for written response	Action response
1. Formally request (must be in writing) a one to one meeting with the staff member involved. The request should indicate that this is a grievance.	Written acknowledgement within 7 working days of reception of written request. Request can be emailed to admin, and must say ‘Grievance submission’ in the title.	A meeting will be organised by the staff member as soon as possible for both parties. A written decision will be provided within 10 working days afterwards.
2. Formally request (must be in writing) a mediated meeting with the staff member involved. This must be done no sooner than 7 days and no longer than 14 after receiving the decision.	Written acknowledgement within 7 working days of reception of written request	A mediated meeting will be organised as soon as possible for all parties. A written decision will be provided within 10 working days after the meeting.

 

If there is still no resolution:

Stage 2 – Formal appeal

Grievance action	Time for written response	Action response
3. Formally request (must be in writing) a meeting with the Director to discuss the matter. This request should also outline the issues of concern. This must be done no sooner than 7 days and no longer than 30 days after receiving the decision. If the Director is the subject of the grievance the request should be addressed to the Senior Adjunct Professor, marked ‘confidential’ and sent to the institute address.	Written acknowledgement within 10 working days of reception of written request	A meeting will be organised by the Director/Senior Adjunct Professor as soon as possible for both parties. A written decision will be provided within 10 working days of the meeting.
If you are not willing to accept the decision then you must write to the address below, no sooner than 7 days and no longer than 30 days after receiving the decision. 4. Write to: Chair of the Ethics Committee: Dr Trevor Crowe Illawarra Institute for Mental Health Building 22 University of Wollongong NSW 2522	Acknowledgement within 15 working days of reception of letter	A written decision within 25 working days of receipt

 

If there is still no resolution:

Stage 3 – External - GANZ

Grievance action	Time for written response	Action response
5. For ethical matters you must write to the address below no sooner than 7 days and no longer than 14 after receiving the decision.: The GANZ Ethics Committee PO Box W343 Waringah Mall, NSW 2099 You will need to address the GANZ code of ethics, and show where and how it has been breached. See http://www.ganz.org.au/pages/ethics081200.html	Acknowledgement within 20 working days of reception of letter	The Committee will convene as soon as is possible to consider the matter. There may be an investigation process. The outcome will be a written decision, and this will be attempted to be provided within 80 working days of receipt.
5. For issues to do with the training program, you must write to the address below no sooner than 7 days and no longer than 14 after receiving the decision.  write to: GANZ Accreditation Committee PO Box 3728 Robina Town Centre Qld 4230 Email: rhonda@gestaltsydney.com You will need to address the GANZ accreditation criteria, showing where and how this has been breached. See http://www.gestalt.org.au/ganzstandards.htm	Acknowledgement within 20 working days of reception of letter	The Committee will convene as soon as is possible to consider the matter. There may be an investigation process. The outcome will be a written decision, and this will be attempted to be provided within 80 working days of receipt.

If either of these bodies makes recommendations in relation to the grievance they have reviewed, they will forward them to the Director within 15 working days of the decision. The Director will ensure they are implemented within a one month period, or as soon as is practical.

 

If there is still no resolution:

Stage 4 – External – Community Justice

This is a participatory process, provided free of charge by the government. Mediation, dispute counselling, conflict management and facilitation are offered. The waiting time after contacting this service before a session is arranged is usually 2 weeks.

Grievance action	Time for response	Action response
6. You must write to the following address, no sooner than 7 days and no longer than 14 after receiving the decision. Contact: Melissa Valentinis Community Justice Mediation Service Cnr Church & Bolton St. Newcastle NSW 2300 Ph: 4925 0306 Email: melissa_valentinis@agd.nsw.gov.au	You will be contacted within 10 working days to organise a session	A session will be organised between parties as soon as possible for all to attend.

Notes

There are a number of important issues to understand about the grievance process. The first is that it is a clearly defined process for your concerns to be heard by those with more power than you.

It is a formal process, which has specifically defined steps. If through the normal process of conversation over time you do not believe your concerns are being taken seriously enough, then you can initiate this process.

In order for you to increase the likelihood of getting to a satisfactory outcome, your grievance should describe four components.

your feelings

the facts – events, behaviours

your exact grievance – this must be succinct, best in point form or a short paragraph

what you want

Your feelings are of course subjective, and not something that can be questioned. However, you need to ensure that when stating your feelings you are not in fact providing your interpretation. So ‘I feel that I am being unfairly treated because the lectures move too fast’ is not a feeling. In the above format you might more clearly say:

I feel frustrated and anxious when the lecturer is speaking

because of the speed at which he talks

My grievance is that he is going too fast, certainly for me

I want him to slow down his presentation and check that I am keeping up

Or heres another example: ‘I don’t agree with the feedback I received, I think its biased’

I feel hurt and upset by

The critical feedback from the trainer

My grievance is that I think its inaccurate, and I think it comes from a bias against me because of my religious beliefs

I want the feedback reviewed and I want the trainer to examine what I believe to be his religious bias

By putting your grievance in this format, you are more likely to get the response you are looking for. Remember that #1 should describe your feelings, not your thoughts. Statements such as ‘I feel that….’ do not describe feelings. Similarly, ‘I feel insulted’ is not a feeling. Particularly in the case of a grievance, it is essential to use language that accurately describes your feelings, and separates them from your perceptions.

It is also essential that when you name facts, they are descriptions of something that actually happened, that is either your direct experience, or is directly verifiable. Hearsay is not acceptable.

In naming what you want, you will do better when you name specific actions, behaviours, by specific people, in relation to yourself. You are less likely to find satisfaction if your requests are generalised, or not personalised.

The response

The response to #1 is that efforts will be made to listen to your feelings.

The response to #2 is that you may be requested for more facts, or clarification on the facts you have presented.

The response to #3 is that your perceptions will be acknowledged, and clarification may be sought from you. You may receive back a different perspective on the matter. This is not an ongoing conversation or debate, but a one-off response.

The response to #4 is a decision. Again, this is a one-off statement,, not subject to debate or ongoing conversation. If you are unhappy with the decision, you can choose to move to the next stage.

After submitting your grievance, you need to wait for the decision. Do not move to the next stage until you have received the decision.

You may or may not be satisfied with the decision. If you are dissatisfied and choose to move to the next stage, note the time window. You are required to wait 7 days, to give some time for thought, but you must submit an appeal within the following week. This is to ensure the process does not drag out over too long a period of time.

Grievance Procedure – academic matters

Academic appeals may involve concerns about student progress, assessment, curriculum and awards, for example:

• Marks involved a computational error
• Discrimination  in academic evaluations
• the assessment was not in accordance with the stated criteria

…the procedure is as follows:

Stage 1 – Direct

Appeal action	Time for written response	Action response
1. Formally request (in writing) a one to one meeting with the staff member involved, nominating this as a grievance. This must be done within 10 working days of receipt of written notification of assessment results.	Written acknowledgement within 10 working days of reception of written request	A meeting will be organised by the staff member as soon as possible for both parties. The reasons for the mark will be explained.

 

If there is still no resolution:

Stage 2 – Formal appeal

Appeal action	Time for written response	Action response
2. Write to the Director, or if the appeal involves assessment by the Director, to the Senior Adjunct Professor, outlining the reasons for the appeal. This must be done no sooner than 7 days and no longer than 30 days after the above meeting. In relation to written work, the original assessed work plus a clean copy of the original work must be submitted.	Written acknowledgement within 10 working days of reception of written request	The Director/Senior Adjunct Professor will investigate the matter and provide a written decision within 20 working days. The decision will either be: 1. no change to the mark 2. Re-grading of the work. The new mark must not be lower than the original mark. 3. Reassessment through a new assessment exercise covering the same material
3. Request an interview with the Director or Senior Adjunct Professor if the Director is the subject of the appeal, in order to discuss their decision. This must be done no sooner than 7 days and no longer than 14 after receiving the decision.	Written acknowledgement within 10 working days of reception of written request	A meeting will be arranged as soon as possible for both parties. A written decision will be provided within 10 working days afterwards.

 

If there is still no resolution:

Stage 4 – External – East Coast Gestalt

4. Write to: The Academic Board East Coast Gestalt 50 Snape St Kingsford, 2032 The grounds for an appeal are: that the case had not been heard/decided on its merits that the trainee is able to provide new evidence that a procedural irregularity has occurred. These are the only grounds that the Board will consider. This is the final court of appeal.

Acknowledgement within 15 working days of reception of letter

A written decision within 40 working days of receipt

Notes

The decision made on your grievance appeal at each stage will contain an official heading ‘Decision on Academic Appeal’.

When you have your initial meeting with your marker, listen carefully to the reasons for the mark. Keep these in mind when thinking about any further response.

If you decide to take the matter further, it is important to clearly identify the point of your appeal and write a well-presented argument that is easy to follow.

It is best to question a trainer ‘s assessment process rather than academic judgement.

You need to have a realistic idea of what outcome you want before you start your appeal process. Examples of outcomes may include a second academic opinion, an extra assessment, a different type of assessment or a change of weighting towards a particular piece of work.

Reasons will be provided at each stage for decisions made.

You may or may not be satisfied with the decision. If you are dissatisfied and choose to move to the next stage, note the time window. You are required to wait 7 days, to give some time for thought, but you must submit an appeal within the following week. This is to ensure the process does not drag out over too long a period of time.

If a decision is made to re-grade the assessment, in the case of the personal development assessment, this will involve a committee consisting of the trainer and two other trainers who have worked with the trainee. This is necessary as personal development assessments are primarily based on the year’s experience of the trainer. There is no way to avoid the subjectivity of this situation; it is inherent in the fabric of the Gestalt training process.

If any external body makes recommendations in relation to the grievance they have reviewed, they will forward them to the Director within 15 working days of the decision. The Director will ensure they are implemented within 30 days, and will write back to the concerned body indicating this has been done.

Policy approved by the Board of Governance 4/5/10