This presentation will:

1. Different country, different hemisphere – same challenges: the Student and the Australian University European Network of Ombudsmen in Higher Education (ENOHE) – April 11-13, 2013 Sally Varnham, Patty Kamvounias, Bronwyn Olliffe, Anita Stuhmcke& Maxine Evers

2. The university will be fundamentally organized around student-centred principles: Students will want education a la carte: education when they want it, how they want it and where they want it So says Professor Stephen Parker, an Australian V.C. Is he right? And If he is, what does that mean for us?

3. This presentation will: Outline the current challenges and opportunities currently facing the higher education sector in Australia – and the impact on the university/student relationship; Focus on overseas students, provision for the resolution of their disputes with higher education providers, and the role of public sector ombudsmen in this regard; Turn to the role of the internal university ombudsmen, particularly in relation to their role at the intersection of the international student, plagiarism, systemic investigation and change agent; Finally, ‘Neither fish nor fowl’ – we ask the question: is the current student ombud(sman) model the best? and What do students want?

4. Setting the scene: the student and the student voice in the new regulatory environment The sector is undergoing dramatic change: New national regulator TEQSA; Provider Standards; Revised AQF and compatibility requirements; Greater focus on risk; Widening participation and higher SES enrolments; Higher cost to students International enrolments down; Mass online offerings Funding arguments – private good, students as ‘consumers’ (Grattan Report in Australia)

5. No longer a ‘community of scholars’? How does all this affect student/university relationship? What do students want? Higher cost – perceptions different and higher expectations of students; Impact of online education unknown but students have much greater choice; Value for money becomes central Students want to come in, get qualification in shortest time possible, get out; Are standards potentially compromised by demand to widen participation?

6. Students as consumers Wrong mindset? Students are part of ‘making’ the product rather than ‘buying’ it as ‘consumers’; Student representation: for consultation or as part of decision making processes? [Provider Standard 6.8: “As appropriate to its scale and scope, the higher education provider has student representation within its deliberative and decision-making processes and encourages students to participate in these processes”]

7. Education = Australia’s 3rd largest export earner + number 1 service export

8. ESOS: Education Services for Overseas Students • https://aei.gov.au/regulatory-information/pages/regulatoryinformation.aspx • ESOS Acts and regulations set out the legal framework governing delivery of education to overseas students studying in Australia on a student visa • National Code of Practice (revised 2007) provides nationally consistent standards that providers must meet in their interactions with international students • Standard 8: Registered providers’ complaints and appeals processes are independent, easily and immediately accessible and inexpensive for the parties involved • The provider must have arrangements in place for an independent external person or organisation to hear the complaints or appeals where the provider’s internal process has been completed and the student remains dissatisfied

9. ESOS: external review by public sector ombudsmen for students at public universities • 9 public sector ombudsmen in Australia • ‘Information sheet’ for overseas studentsprovided by Ombudsman offices in NSW, Victoria, WA • Hard copy and electronic complaint formsfor overseas students • E.g flowchart on Ombudsman WA website http://www.ombudsman.wa.gov.au

10. Public sector ombudsmen • can investigate domestic and international student complaints about public institutions • can undertake own motion investigationse.g Victoria • Investigation into how universities deal with international students (October 2011) • Review of complaint handling in Victorian Universities (May 2005) • have expressed concerns about the rising number of complaints and the quality of university complaint handling • submit annual reports to parliament • See: ENOHE News 2012/1 pp4-7 Patty Kamvounias “Resolving Student’s Complaints: The Role of Public Sector Ombudsmen in Australia”

11. Overseas Student Ombudsman (OSO) • ‘Stronger, simpler, smarter ESOS: supporting international students - Review of the Education Services for Overseas Students (ESOS) Act 2000, Final report February 2010 (Baird Report) • Government response?established the OSO within the Commonwealth Ombudsman office: role effective from 9 April 2011 http://www.oso.gov.au/ • can only investigate a complaint if it relates to a private education provider and the problem relates to an overseas student • 2011-2012 annual report: • Number of complaints received (588) and investigated (262) • Complaint themes: refunds following student default or transfer to new providers, student visaattendance requirements

12. QUALITY AND STANDARDS and the university ombud(sman) Universities in Australia are largely responsible for maintaining their own quality and standards. The national Higher Education Support Act 2003 requires universities to operate at an ‘appropriate level of quality for an Australian higher education provider’ to remain eligible for Commonwealth Government funding, and to undergo independent quality assurance audits at least once every five years.

13. CASE STUDY: Victorian Ombudsman – 2011 Investigation into how four Victorian universities deal with international students “Well, if you’re living and breathing and you know three words of English, we’ll put you in [to the university].” A lecturer, quoted in the report at p 26

14. University Ombudsman: a need for change? Dealing with plagiarism: the ‘problem’ of jurisdiction Discretion to investigate: an elephant in the room 3. Ombudsprudence: the answer?

15. Principle 1: Integrity - independent, fair and impartial Principle 2: Responsiveness and flexibility Principle 3: Accountability and transparency Principle 4: Aspiration to create and improve standards of university governance Principle 5: Accessibility Principle 6: Catalyst of change – ‘they say that sunlight is the best disinfectant’

16. University Ombudsman and systemic change Barriers and opportunities: Focus on procedure and process and degree of systemic influence and change Offices ‘own’ interpretation of procedure and process– degree to which this is informed by policy/strategic plan/academic standards Resources – independence and reach

17. Academic risk + students as consumers = improved student experience “students are reluctant to complain (even informally) because of concerns about how this will affect their academic progress” (Student grievance and discipline matters project, Jackson, Fleming, Kamvounias & Varnham, 2009) Student grievances Complaints handling Models of investigation & resolution Formal v informal complaints International students

18. Formal v informal complaints Informal complaint Resolved Formal complaint Resolved External to university

19. Formal versus informal complaints trend

20. Models of investigation & resolution Triage – “first resort”; focus on early resolution Multi door - “one-stop shop”; focus on central agency for resolution Therapeutic – focus on mediation Investigation and recommendation – “last resort” Independent adjudicator - dedicated external national ombudsman External avenues – state/federal ombudsman

21. Universities – they are a changin’ Corporate ‘Managerialism’ Academic standards and income Globalisation MOOCS

22. What students want (Prof Sandra Harding, VC James Cook University, Campus Review 30/10/12) Students want support. Support to find their place at university, to negotiate an alien landscape, and prompt, helpful advice from advisors, both academics and professional staff is essential Students are the people who know how best they can be taught, and it’s the institution’s job to give them the knowledge and experience they have come to university for” (Harriet Swain “Should students be given the power to decide how universities are run?” The Guardian, 11 June 2012)