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Give us a truly fair and impartial student complaints system!

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Reply 20

I have reported it to GMC. Guess what? Apparently, falsifying my medical record isn't serious enough for them to deal with. Apparently I am supposed to go back to my doctor, (who when I complained to him spent a whole hour humiliating me), and sort it out there. I have not had medical representation since 2010. And since that time, the stress of this situation which has been ongoing since September 2008 has been instrumental in causing my husband's heart attack in February this year. (Yes I have evidence of that too!!) Fortunately, the same doctor who I complained about actually got it right this time!

Reply 21

Original post
by arson_fire

From what I understand you were suspected of cheating, an investigation took place, and you were awarded a degree. You then made a complaint which was investigated, and were awarded compensation by the OIAHE. It looks to me like the system worked as it should.


The issue is that the OIAHE are not fit for purpose and need to be abolished. You have also indicated that if this issue were proved to be widespread you would get actively involved. Well how do you suppose someone would "prove" something to be widespread if people like you demand to know what the issue is and go around the Internet trying to dig up dirt at every given opportunity, and take the issue away from the main point??

Also, for your information, the system did not work as it should. If my case was not justified then I should not have been awarded anything! My case was clearly justified, else I would not have been entitled to be compensated. The resolution offered was a clear attempt to whitewash what was a vicious attack on me which was intended to take me out of the job market in my field, which succeeded, and for which I require to be compensated properly!

Furthermore, I accepted my degree at a time when I was unaware of having been cheated with the downgrading of my mark. I tore up that degree certificate and sent it back to the university when I discovered I had been downgraded. I do not accept that work which is declared "flawless" (i.e perfect) becomes worth only 64% when it is done by me. The ONLY resolution for that part of my complaint would have been to re-mark my work!

I am not sure what your issue with me complaining to excessive hits on my website from Turnitin actually is. Do you know?

Reply 22

Original post
by Megajules
I have reported it to GMC. Guess what? Apparently, falsifying my medical record isn't serious enough for them to deal with. Apparently I am supposed to go back to my doctor, (who when I complained to him spent a whole hour humiliating me), and sort it out there. I have not had medical representation since 2010. And since that time, the stress of this situation which has been ongoing since September 2008 has been instrumental in causing my husband's heart attack in February this year. (Yes I have evidence of that too!!) Fortunately, the same doctor who I complained about actually got it right this time!


Sorry I don't understand: you don't have a doctor anymore? They cannot refuse to see or treat you. If they are then that warrants a further clause for your original report to the GMC to be referred back to them again as this has now compounded the case.

Or do you mean that you used to be on the NHS but now seek healthcare privately?

The doctor who you complained about: did he work for the NHS or privately? I'm not sure whether there might be different implications or other bodies to go through or for advice. Have you heard of PALS (the Patient Advice and Liaison Services)? (Or something like that.:s-smilie: ) I've only come across them recently so would need to look into them somewhat first. Maybe they could help?

Reply 23

Original post
by Crystallize
Sorry I don't understand: you don't have a doctor anymore? They cannot refuse to see or treat you. If they are then that warrants a further clause for your original report to the GMC to be referred back to them again as this has now compounded the case.

Or do you mean that you used to be on the NHS but now seek healthcare privately?

The doctor who you complained about: did he work for the NHS or privately? I'm not sure whether there might be different implications or other bodies to go through or for advice. Have you heard of PALS (the Patient Advice and Liaison Services)? (Or something like that.:s-smilie: ) I've only come across them recently so would need to look into them somewhat first. Maybe they could help?

I complaned to PALS first. They were abusive. So much so that when I approached GMC by phone they apologised for PALS behaviour, even though their jurisdiction is only for doctors.

What I mean by saying I don't have a GP is that I am not prepared to interact with a medical profession who are unprepared to remove such a blatant falsification from my record. Such an entry on my record, accepted by me, can be highly detrimental in a number of situations, the obvious ones being insurance, work situations, etc.

In summary, I will not acknowledge the record as mine, until such time that it is corrected. If I die first then so be it! I have a statutory right not to have false records held in my name.

Reply 24

Original post
by Megajules


With respect, a student is not seeking "advice" at the point when he/she becomes involved with the OIAHE. By this time the student has been through the university's internal complaints system and are clearly dissatisfied with the supposed resolution. By this time, many months will have passed, and the student is therefore already far removed from the ability to get justice, and has been deeply affected detrimentally by the process. They are at their most vulnerable, having now had any direct communication with the University severed.

Julie


Sorry, I don't see how this relates to my post. I'm merely suggesting that, if a student has been the victim of disability discrimination at university, the Equality and Human Rights Commission (formally the Disability Rights Commission) are a good port of call. Even if the OIAHE have already been involved in the case.

They are not "far removed from getting justice". They may just be unable to get justice through the OIAHE.

Reply 25

Original post
by Megajules
Student Union are collecting funds for jollies and purple hair dye. They do NOT involve themselves with student complaints. I have first hand experience of this!


What if you push them?

Reply 26

Original post
by Megajules
Hilary

In my case, a lecturer claimed my work to be "flawless...quite technical...and of very high quality..." and then went on to say that, because of those qualities, he believed that I had purchased the work. Now, to stop this becoming a long drawn out discussion (and because it's true), I have to ask you to believe me when I say that the work was 100% my own. However, this libellous assessment of my supposed lack of ability went round the university like a house fire.

I was then forced to undergo a "kangeroo court" type situation which was presented to me as an opportunity for further assessment, not as a process in which I would be accused. I was therefore denied any representation at the proceedings, and astoundingly, was also denied any knowledge of the real reason I had been summoned to undertake this process. (I only discovered the truth in documentation that was obtained in SAR requests over a year later!) Also astoundingly, this process did not exist as a legitimate process for my course, for either assessment, or for dealing with cheating. With no rules to follow, they could entirely make up their own rules. And they did! And as a result, my work was marked down, from the "flawless" work it had been claimed to be when they believed it was written by someone else, to being only worth 64%, a level well below flawless, when they eventually admitted that it was MY work.

However, this man was never called upon to provide evidence of his allegation, and the university just made documents 'disappear' so that no sense could be made of anything. So, by the time the OIAHE got hold of this vindictive attack on me, it had already been turned into something totally different by the university. The OIAHE simply agreed with the university, and disregarded all the evidence I had supplied to them, and found my case "Not Justified".

Now I can already hear you saying, well then they dealt with it fairly. So, I have one question for you: If my case was not justified, why then did the OIAHE then "suggest" that the university pay me £1,000?


You should have demanded justifications right away and refused to take up on that opportunity.

Reply 27

Original post
by clh_hilary
You should have demanded justifications right away and refused to take up on that opportunity.

Hilary, you cannot demand justifications from anyone. They do not "justify" themselves beyond the Formal Decision which they issue. I've already outlined in the details of my petition that they only have one set of rules to adhere to, (their own). If you want to challenge them from that point forward, you have to do it via Judicial Review. That costs money! That was money I didn't have.

Furthermore, I did NOT accept their money! I am not bought so cheaply! I have a £16,000 student debt, so destroying my reputation and my career prospects and thinking that I cna then be bought off for a mere £1,000 is nothing short of a disgusting insult!

Reply 28

Original post
by clh_hilary
What if you push them?

I pushed them! They were not interested. I wrote to the NUS, they were not interested either. I discussed it with them on Times Higher Education, they were clueless, operating only in the political realm, failing to understand completely that a certain subset of students were being failed by them. But even with understanding, they have no real power anyway. They act as a social entity, organising events, giving students a sense of camaraderie and belonging. They know how to fight nationally important events because they can call on big numbers of students and rile them up for a fight. But they cannot influence anything when it is the victimisation and exclusion of small numbers of students. (There was myself and one other student singled out on my course. I don't know who the other student was, nor whether that student was guilty of anything.)

Reply 29

Original post
by River85
Sorry, I don't see how this relates to my post. I'm merely suggesting that, if a student has been the victim of disability discrimination at university, the Equality and Human Rights Commission (formally the Disability Rights Commission) are a good port of call. Even if the OIAHE have already been involved in the case.

They are not "far removed from getting justice". They may just be unable to get justice through the OIAHE.


I don't think that you have considered this fully. My thread was started to get support for legislation that needs changing because it doesn't do what it says on the tin! The OIAHE do NOT work! They are ineffective, and cannot deal with the range of complaints that students have. For instance:

Would you be advising someone who went to court, say, to try to get compensation for a road accident, that it was okay to go to one particular court to get a judgment, when all they could agree to is that the driver of the car was indeed the person that hit you, even if the following were also true:

You knew that this particular court could not decide on a proper level of damages to be paid for that broken leg, so only paid out a nominal £200.

The court could not give a definitive judgement that the driver of the car was driving recklessly, even if you had witnesses and video footage, so the driver would go unpunished.

The court would announce that the driver of the car was following the law because they had seen that he had a full valid driving licence.



Would you think that this situation was okay, and that these other issues should then be pursued across a number of different courts and organisations? I'm guessing not! And yet you seem to believe that a student, who could very well be a totally innocent party, should now spend several years of their lives chasing fog through several different organisations, courts and government departments, to try to get the same justice as the man in the street can manage to get from half an hour spent putting his case in the small claims court?

Students have the right to have a SINGLE complaints system that can deal with ALL of their issues, including a consideration as to whether the issue has arisen because of a vindictive attack by a rogue lecturer and/or fellow student, and whether or not it was as a result of that rogue's attack on, or disregard for, his/her disability, or in fact any other protected characteristics as laid down by the Equality Act 2010, and to have consideration of whether it is in fact an issue of academic judgement, in the legislated sense of the phrase, or if it was merely a vindictive marking down of a student's grade, as happened in my own case.

Furthermore, a university's defence of "lost documents" should not be accepted under any circumstances. That is, in all the circumstances, a misuse of a judicial system!

Reply 30

Original post
by Megajules
I don't think that you have considered this fully. My thread was started to get support for legislation that needs changing because it doesn't do what it says on the tin! The OIAHE do NOT work!


And we've discussed this. This thread is here to discuss and debate current issues regarding student complaints systems (both internal complaints, as well as people such as the OIAHE) but not to "get support" for change. TSR is for discussion and not campaigning.

I saw someone who clearly didn't seem to be aware of the work that the Equality and Human Rights Commission do, and appeared to be struggling to find support. I therefore signposted him to the EHRC. There is nothing wrong with this, and this post appeared to be appreciated by the member himself. I thought it would be As mentioned, this thread is for discussion and not campaigning.

I made no comment on whether the OIAHE acted appropriate in his case (I can't comment on this) and made no comment on whether or not students should have a "single complaints system".

As far as formal internal complaints systems go, I did make use of my university's own complaints procedure after what I perceived to be disability discrimination (albeit indirect discrimination). It would be inappropriate to discuss it in detail but it's fair to say the response was mixed (the complaint was upheld on one point and would have been upheld on all grounds had I not fought so hard to return to the university). It took a long time for the complaint to reach a conclusion but this was due to staff illness rather than failures in the system. Improvements have since been made to the university's support for students with disabilities as a result of this, and other, complaints. Overall I'd say it did its job in my case.

Furthermore, a university's defence of "lost documents" should not be accepted under any circumstances. That is, in all the circumstances, a misuse of a judicial system!


Again, how does this relate to my posts?

Reply 31

Original post
by River85
And we've discussed this. This thread is here to discuss and debate current issues regarding student complaints systems (both internal complaints, as well as people such as the OIAHE) but not to "get support" for change. TSR is for discussion and not campaigning.

I saw someone who clearly didn't seem to be aware of the work that the Equality and Human Rights Commission do, and appeared to be struggling to find support. I therefore signposted him to the EHRC. There is nothing wrong with this, and this post appeared to be appreciated by the member himself. I thought it would be As mentioned, this thread is for discussion and not campaigning.

I made no comment on whether the OIAHE acted appropriate in his case (I can't comment on this) and made no comment on whether or not students should have a "single complaints system".

As far as formal internal complaints systems go, I did make use of my university's own complaints procedure after what I perceived to be disability discrimination (albeit indirect discrimination). It would be inappropriate to discuss it in detail but it's fair to say the response was mixed (the complaint was upheld on one point and would have been upheld on all grounds had I not fought so hard to return to the university). It took a long time for the complaint to reach a conclusion but this was due to staff illness rather than failures in the system. Improvements have since been made to the university's support for students with disabilities as a result of this, and other, complaints. Overall I'd say it did its job in my case.



Again, how does this relate to my posts?


Your last post is not actually making sense to me. You claim you went through your internal system, but then later say that "Overall I'd say it did its job in my case." This appears to imply that you went to the OIA. If you didn't then why have you implied that you did?

Also, I am puzzled as to why you, who claim you have had this fight yourself,
are so vehemently opposed to my action, and are desperate to detract from my original thread. I posted it so I do think that I am aware what is on topic and what isn't!

Reply 32

Original post
by Megajules
Your last post is not actually making sense to me. You claim you went through your internal system, but then later say that "Overall I'd say it did its job in my case." This appears to imply that you went to the OIA. If you didn't then why have you implied that you did?

Also, I am puzzled as to why you, who claim you have had this fight yourself,
are so vehemently opposed to my action, and are desperate to detract from my original thread. I posted it so I do think that I am aware what is on topic and what isn't!


Oh, and regarding the other person you mention. I am in personal direct contact with that student. He is polite, granted. But his politeness does not necessarily mean acceptance. He is fully supportive of and directly involved in the campaign for which I have raised the petition. Sorry, your divide and conquer tactics won't work on me! :colondollar:

Reply 33

Original post
by Megajules
Your last post is not actually making sense to me. You claim you went through your internal system, but then later say that "Overall I'd say it did its job in my case." This appears to imply that you went to the OIA. If you didn't then why have you implied that you did?


No implication that I went to the OIA was intended. By "it did its job in my case" I thought I was clearly referring to the university's internal complaints system. I meant to make this clearer by specifically stating I have no experience at all with the OIA so can't comment on its effectiveness.

Also, I am puzzled as to why you, who claim you have had this fight yourself,
are so vehemently opposed to my action, and are desperate to detract from my original thread.


Because I act here as a moderator and try not to let me personal experiences influence me.

Besides, I am not "desperate to detract from the original thread". I made one post, offering information that I felt would be useful to another member. I have actually encouraged this thread, partly due to personal interest but also that is part of my role on this site. but, as stated, TSR is for discussion and not campaigning. Discuss your issue, and be willing to accept the opinions of other people who disagree with you or simply offer alternative viewpoints. This is the purpose of the Debate and Current Affairs forum. Don't simply promote your issue. If you want to discuss this further then please return to AAM.

I posted it so I do think that I am aware what is on topic and what isn't!


I never said your posts were "off topic". I just didn't understand how that comment related to my post.

Reply 34

Original post
by Megajules
Oh, and regarding the other person you mention. I am in personal direct contact with that student.


I'd already figured that out immediately :p:

But his politeness does not necessarily mean acceptance.


Wherever did I say he should accept the situation? I can't say whether he should or shouldn't as I know nothing about it. I know from my own experience that if I think I've suffered injustice it's hard to be "accepting" of the situation.

By referring him to the Equality and Human Rights Commission I was just making him aware of one other avenue of support. Just because he goes to them, and may successfully get "justice" through a different avenue (and has already received some form of "justice"), it doesn't mean he should "accept" any perceived incompetence or weakness from the OIA and can't discuss how, and in what ways, a better system can be implemented.

But I shall leave this here as it's only cluttering the thread. If you want to discuss this further you know where to find me :hat2:

Reply 35

Original post
by Megajules
I pushed them! They were not interested. I wrote to the NUS, they were not interested either. I discussed it with them on Times Higher Education, they were clueless, operating only in the political realm, failing to understand completely that a certain subset of students were being failed by them. But even with understanding, they have no real power anyway. They act as a social entity, organising events, giving students a sense of camaraderie and belonging. They know how to fight nationally important events because they can call on big numbers of students and rile them up for a fight. But they cannot influence anything when it is the victimisation and exclusion of small numbers of students. (There was myself and one other student singled out on my course. I don't know who the other student was, nor whether that student was guilty of anything.)


Write to all media? For the Examiners?

Reply 36

Hilary
I think you have seen the adverse reaction to all of my posts on here, yet if you look up the thread only two places, you will see that the extremely sensible, calmly presented, very informative, hard to dispute submission made by RichOfYork has been totally ignored. Why do you think that is?

It has been claimed by the moderator that this is a place to discuss, yet the only discussion taking place is over what is perceived to be my controversial contributions to this thread. There is no real discussion about the subject presented. That subject is the OIAHE.

You offer alternative solutions, and that's great, except that there is a community of people just like me and RichOfYork who, believe it or not, have already spent considerable time and effort exploring our options, including those that you are now suggesting.

What we are actually doing here is informing students. Those students are vulnerable. If they are still studying, they are potential victims of this vile organisation, which is presented to them as a welcome lifeline at the point when all other efforts to obtain justice are defeated by a deliberately dishonest system. Only once they are drawn in to that system do they realise, too late, that they are being deliberately misrepresented. All complaints to the OIAHE, no matter how coherently they are presented by the complainant, are rewritten by the OIAHE staff. These rewrites are the first step in re-modelling a complaint to strip it of it's salient points.

We do not want to go to the press, or to the ridiculous amount of supposed overseers of the education system (none of which are of any particular use to anyone!). What we want is a complaints system that would, by itself, without any intervention from any other quarter, be effective in handling ALL ASPECTS of student complaints, fairly, impartially and with regard to ALL the evidence that is presented to them. I don't really think tthat is asking too much, unless of course the universities have something to hide??

Reply 37

Original post
by Megajules

It has been claimed by the moderator that this is a place to discuss, yet the only discussion taking place is over what is perceived to be my controversial contributions to this thread. There is no real discussion about the subject presented. That subject is the OIAHE


Please don't suggest I have been overly critical of your posts. I was quite happy to make only one contribution to this thread (my first post - which was not in reply to you). However, it was you who picked up on my post and continually criticised my contributions. I was quite happy just reading the discussion with interest and not replying to any of your posts at all.

The reason why I haven't discussed the OIAHE is because I have absolutely no experience, and very little knowledge, of it. I have attempted to offer some discussion of the internal complaints system at my alma mater (Durham) as, whether you like it or not, this is still relevant.

Besides, I don't feel my posts have been "critical" at all.

Either way, I suggest we leave this now and hope more discussion, about the OIAHE and complaints systems in general, develops.
(edited 11 years ago)

Reply 38

Original post
by Crystallize
With regards to your points of which I bolded:

Point 1: I don't see how that can be because surely everything written (your evidence, argument and all documentation) that you make available to them as part of your complaint has to be looked at by them? Likewise they would have to look over any written correspondence from the Universities, else why write to them asking for a copy of all pertinent paperwork and procedures? Why would you invite 10 tons of paperwork to your office for the sheer fun of it?

Point 2: The Universities may claim that but if you have written evidence that proves otherwise and you can back up your claim by referring to the University's procedures, and relevant civil rights policies and Acts to your claim; then surely they cannot refute those things? Because they are supposed to act independently so if they don't decide in your favour in such an instance pertaining to the OIA, then the OIA itself can be drawn into disrepute by taking sides/being biased.

Point 3: This really concerns me. Even though the OIA clearly emphasizes that it is NOT a court of law- "the OIA acts as an alternative to a judicial review/legal case" so it won't be carried out in legal pomp/formalities; this should no way mean that the organisation and its acts are exempt from or above the laws of the land. Therefore if in your claim you do present evidence showing your rights and English Laws have been contravened, and procedures compromised, then it does not matter whether they have an opinion or not on what is legal and what is ethical or not: They shall still have to abide.



Point 1: The OIA only have to review information up to the point at which they consider they have done enough to arrive at a decision, and then they simply make that decision. It follows they don't have to review everything, and should they be biased they can legally ignore any evidence they like and you will be almost guaranteed to lose if you take them to court about it.


Point 2: They don't have to reinvestigate the complaint. Unless you can provide evidence that the university didn't make the determination of academic judgement in a fair way, then that determination stands for the OIA. They could be biased, they could know full well that if they reinvestigated it is as clear as day that you are right, but again you'd be guaranteed to lose if you take them to court about it.


Point 3: The OIA don't have to make legal findings, and quite rightly so. Legislation can only be applied properly by the courts. The OIA might in their discretion use something like the Equality Act to guide them on whether the university acted reasonably. However, they can't use that act to determine whether or not you are the victim of discrimination. If you have a legal right to damages in discrimination law / contract law / negligence law, etc. then the OIA is not the place to go looking for such a remedy. It's like going to alcoholics anonymous and expecting them to give you a liver transplant.




At the end of the day the OIA is a pretty useless, biased, corrupt, informal but free service. I don't see any point at all complaining about them, taking them to court, petitioning to get them replaced. Look at it this way, if you get into a fight with your neighbour, and I step in to help resolve it.... you have no right at all to expect a god damned thing from me. My attempt at resolution could be to scratch head and walk away and that's fine. The way the OIA provide help is entirely up to them.


If the OIA chose to be unfit for purpose, so what? Then you take legal action against the university and let the court's do their job. If you represent yourself, and you know you can't lose, then it's not expensive.

Also despite the misleading way the THE reported previous high court cases, you can certainly take a university to court without bothering with the OIA. You can take a university to court at the same time as using the OIA if you stay the legal proceedings. You can also take a university to court after you have finished with the OIA process. It depends on your circumstances. If you don't match your circumstances with the existing case law, and make the appropriate choice.... that is when your case gets thrown out.

Reply 39

Original post
by Megajules
I don't think that you have considered this fully. My thread was started to get support for legislation that needs changing because it doesn't do what it says on the tin! The OIAHE do NOT work! They are ineffective, and cannot deal with the range of complaints that students have. For instance:



At the time you made your complaint, all you had was The Higher Education Act to go on, which is why you got duped by the OIA. That first generation of complainants must have been screwed badly. Some of them found out the hard way in the high court about how it works.

If you look at the judicial review cases on the OIA website, read them all properly from front to back, it really does help explain the situation in more detail. The next generation of complainants are in a far better position now.

I'd even say that the OIA being useless helps in a perverse sort of way. The courts have had to bend over backwards in how to interpret the OIA rules in order to continually get them off the hook. The result is that today, the collective judgements and reasoning of the courts amounts to - yeah the OIA are a useless service that will not give you any remedy of note.... which is perfection!!! That makes it so easy to now go to court and get a proper remedy out of the university.

What you are proposing, to try to make the OIA fit for purpose, will send complainants back to the early dark days. Don't for one second think the OIA will suddenly award compensation to students. All that will happen is that parliament will give them the power to do so, the OIA will not award a penny, and then you have not a leg to stand in court anymore. The courts won't have any reason to go against the decision of the OIA to not award compensation.

It's far better to keep the corrupt OIA as a toothless way of passing the time whilst you slowly and methodically prepare your legal case. Be careful what you wish for.

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