PART A – Student Complaint Against an Institution Guidelines
Effective June 1, 2009, the Private Career Training Institutions Act authorized the PCTIA Board to refund a portion of the tuition fees a student has paid to a registered institution where, in the opinion of the Board, a student has been misled regarding the institution or any aspect of its operations. Tuition fees refer only to the amount listed as tuition on your Student Enrollment Contract and does not include any other “fees”. The Private Career Training Institutions Agency (PCTIA) has implemented a formal complaint process whereby it accepts student complaints using the Student Complaint Against an Institution Form. All complaints will be reviewed provided that they have been submitted according to the guidelines and instructions below. These guidelines have been provided to ensure that you meet the required criteria listed such as taking part in your institution’s Dispute Resolution Process, meeting time limitations and submitting a filing fee of $50.00 at the time you submit your complaint. If you have not met the criteria outlined below or if the Complaint form is missing relevant information or attachments, the Complaint will be returned to you as incomplete. A complaint that has been accepted by the Agency will be formally reviewed. The institution against which the complaint is made will have an opportunity to respond to the complaint in writing. The complainant will then have an opportunity to reply in writing. PCTIA will consider all written submissions and conduct whatever additional enquiries it feels necessary as a part of its investigation. Once the investigation is completed, a written decision will be made stating whether or not the complaint or any part of the complaint is justified. If the complaint or any part of the complaint is found to be justified, the PCTIA Board will then consider whether a refund of a portion of the tuition fees is appropriate. The complainant and the institution involved will be notified in writing of the PCTIA Board’s decision. How to Make a Complaint The complaint must be filed using the enclosed Student Complaint Against an Institution form. The form must be filled out in clear, legible writing and must be signed and dated. All items on the Student Complaint Checklist must be attached. When can a Complaint be Filed? The complaint may be filed only after the student has exhausted all other methods of resolution including the institution’s Dispute Resolution Process. Every institution
PCTIA Guidelines Student Complaint Against an Institution
1
Last Updated: May, 2009
PART A – Student Complaint Against an Institution Guidelines
registered or accredited by PCTIA must have a readily accessible process for resolving complaints raised by a student. The institution’s Dispute Resolution Policy should be published in the institution’s Student Handbook (or similar publication) and a copy of the Policy and Procedures for resolving student disputes should be available to students from the institution upon request. If you are unable to obtain a copy of the institution’s Dispute Resolution Policy, please contact the Agency at (604) 660-4400. Can I complain to the Agency if I am suing the school or filing my complaint with other agencies? The Agency does not to accept complaints that are already before the Courts or that have been filed in another forum such as the Better Business Bureau or the Human Rights Commission. How long do I have to file my complaint? You must file your complaint within six months of the occurrence of the incident you are complaining about or from the date upon which you should reasonably have known about the matter(s) you are complaining about. Does it cost anything to file a complaint? Yes. There is a filing fee of $50.00 payable at the time you send your complaint to the Agency. The filing fee is needed to cover a part of the cost of reviewing your complaint. In the event that a decision is made in your favour, the filing fee will be refunded to you. What if other students at my school want to complain about the same thing? You might want to file a Representative Complaint. In a Representative Complaint, all students who want to complain agree to have one member of the group represent them. If you want to file a Representative Complaint, each of the other students must sign an Authorization to Representative Form and you must submit the signed forms as a part of your complaint.
PCTIA Guidelines Student Complaint Against an Institution
2
Last Updated: May, 2009
PART A – Student Complaint Against an Institution Guidelines
You also need to submit a List of Students Being Represented that contains information about the students who have signed authorization forms. Does each student in the group have to pay the filing fee? No. Only one filing fee is required for a Representative Complaint. What if the other students won’t sign authorizations? Then you must file the complaint on your own behalf only. What does the Agency do after I file my complaint? The complaint is first reviewed for completeness. If the complaint form is not complete or if there are attachments missing, you will be asked to provide these. Once the complaint is complete, it is reviewed by the Agency’s Senior Investigating Officer who will send a copy of it to the institution for comment. When a response is received from the institution, it will be sent to you for your comments. After you have responded to the request for comments, a decision is made. What kind of decision will be made? It depends on your complaint and the strength of the evidence provided by both you and the institution. Will I get my tuition refunded? Not necessarily. Again, it depends on what your complaint is about and if a refund is the best way to resolve the matter. All requests for tuition refunds are referred to the PCTIA Board of Directors. The Board makes all decisions regarding tuition refunds. They may decide to refund all, part or none of a student’s tuition. In the event that a tuition refund is awarded, you will receive a cheque from the Agency for the amount awarded to you. How do I fill out the form? The Student Complaint Against an Institution Form should be completed as follows:
PCTIA Guidelines Student Complaint Against an Institution
3
Last Updated: May, 2009
PART A – Student Complaint Against an Institution Guidelines
Institution Information: The information in this section is used to identify the institution you are complaining about. You should include the name of the institution and the name of the campus that you attended along with the campus address. You can find the Institution Number on the Agency’s website at http://www.pctia.bc.ca. Student Information: The information in this section is important for the Agency. It is used to keep in contact with you during the investigation of your complaint. Please ensure that you complete the entire section. Please note “N/A” in the areas that don’t apply to you. For example, if you do not have a fax number, you should note “N/A” on the line provided for a fax number. You must indicate your enrollment contract start and end dates and your student status. This is important information for the Agency. Information About Your Complaint: Information provided in this section is used to do an initial assessment of your complaint. Please complete the information in every area and provide all of the items noted. If you are able to, please indicate the Section(s) of the Private Career Training Institutions Act, the Regulations and/or the PCTIA Bylaws your complaint relates to. The Private Career Training Institutions Act, the Regulations and the PCTIA Bylaws can be found on our website at http://www.pctia.bc.ca. If you think that the institution has violated any part of your Student Enrollment Contract, describe what parts of the contract you think were violated and attach a copy of the Student Enrollment Contract and any other relevant material such as the institution’s Student Handbook, to your complaint. Information About What Happened: Please explain in as much detail as possible. If you need more space, please add extra pages. If you wish to attach your description of what happened on a separate sheet, write “see separate sheet” in the space on the form. If you are able to cite the Bylaw section that you think has been violated, please do so. If you think that the institution has violated its own policies or breached your student
PCTIA Guidelines Student Complaint Against an Institution
4
Last Updated: May, 2009
PART A – Student Complaint Against an Institution Guidelines
enrollment contract, please state which policy or contract section you think has been violated or breached. Please also include a copy of the related policy documents. Information About Resolutions: In this section, it is important that you clearly set out what it is you want. How do you want the complaint to be resolved? What are you requesting from the institution? Confidentiality Statement: Please read this statement carefully and make sure you understand it. The Agency will make every effort to limit access to information about your complaint however, as a Crown Agency we are subject to certain legislation that makes it mandatory for us to release information. Fees and Filing: A Student Complaint Initiation Fee of $50.00 is payable at the time that you file your complaint. This fee will be refunded to you if the Agency makes a decision in your favour. Complaints in Another Language: If you have studied at the institution in a language other than English, you may file your complaint in the same language in which you studied. Please indicate the language of study and confirm the language in which you wish to have your complaint reviewed. Complainant Declaration: You must sign the Complaint that you are filing. By signing the Student Complaint Against an Institution Form you are acknowledging that the information you are providing is true and accurate. Please also be aware that a copy of your complaint along with all relevant documents may be sent to the institution. Please note that it is an offence under Section 23(2) of the Private Career Training Institutions Act to give false or misleading information to the Agency.
PCTIA Guidelines Student Complaint Against an Institution
5
Last Updated: May, 2009
PART B - Student Complaint Against an Institution Form
INSTITUTION INFORMATION
Institution Name
Institution Number
Name of the campus you attended
Address of the campus you attended
City and Province
Postal Code STUDENT INFORMATION
Student Name
Student Address
City and Province
Postal Code
Student Telephone Number
Alternative Telephone Number
Student Email Address
Student Fax Number
Program of study in which you were registered.
Program Start Date (shown on contract) What is your current student status?
Program End Date (shown on contract) Attending (you are still in school) Withdrawn (you quit school) Dismissed (you were expelled from school) Incomplete (your contract has ended but you did not finish your program) Complete (you have graduated from your program)
PCTIA – Student Complaint Form
6
Last Updated: May, 2009
INFORMATION ABOUT YOUR COMPLAINT IMPORTANT: Under the PCTIA Bylaws, there is a six month time limit for filing a complaint. The six month period starts from the date upon which the event complained about occurred or from the date upon which the Complainant should reasonably have been expected to know about the matters that he/she is complaining about.
On what date did this event occur? Have you completed all the steps in the institution’s Dispute Resolution Procedure? If Yes Yes No
Please attach a letter setting out what happened when you used the Institution’s internal procedure and provide copies of documents, notes and letters relating to your attempts to resolve this dispute directly with the Institution. Please attach a letter setting out why you have chosen to submit this complaint with the Agency before completing all the steps in the Institution’s Dispute Resolution Policy. Yes No
If No
Do you represent any other students with respect to this complaint? If Yes
Please attach a signed Authorization for Representation for each student and a completed List of Students in a Representative Action listing all students who have agreed to be represented by you. Yes No
Have you filed a law suit or complained to any other body (Better Business Bureau, Privacy Commissioner, and Human Rights Commission etc.) regarding this event? If Yes
Please attach a list of the name of the bodies and the contact name and for the person you have dealt with or are dealing with regarding this complaint. Please attach copies of all documents and letters relating to your law suit or submitted to the other body and copies of all documents and letters received from the Court or the other body. INFORMATION ABOUT WHAT HAPPENED
If Yes
Please provide full details about your complaint. Describe your complaint by answering questions such as: What happened? When did it happen? Where did it happen? Who was there when it happened? What did you do about what happened? What did the institution do or not do about it? If you feel you were misled by the institution, provide details of how you were misled. Describe all the facts supporting your complaint and provide copies of all relevant documents supporting your complaint. If this space is insufficient, please attach a separate page.
PCTIA – Student Complaint Form
7
Last Updated: May, 2009
COMPLAINT DETAILS
Yes Are you able to indicate which section(s) of the Private Career Training Institutions Act, the Regulations and the PCTIA Bylaws that you think were violated? If Yes Please state which section(s) you think were violated.
No
Do you think that the institution violated its own policies or the Student Enrollment Contract? If Yes Please state which items you think were violated.
Yes
No
Please submit all items listed on the Student Complaint Checklist.
PCTIA – Student Complaint Form
8
Last Updated: May, 2009
INFORMATION ABOUT RESOLUTIONS Please describe in detail the resolution you are requesting from the institution. What do you want to see happen? If this space is insufficient, please attach a separate page.
CONFIDENTIALITY STATEMENT Documents and information related to this complaint, its investigation and/or resolution will be treated in confidence and will not be disclosed to any person not involved in the matter unless disclosure is necessary for the processing and investigation of this complaint. The Private Career Training Institutions Agency is a Crown Agency of the government of British Columbia and as such is subject to the provisions of the Freedom of Information and Protection of Privacy Act. If an application for release of information is received under that Act, the Agency will release information in accordance with the provisions of that Act.
FEES AND FILING IMPORTANT: A fee of FIFTY CANADIAN DOLLARS ($50.00 CDN) is payable with respect to the filing of a student complaint. This fee may be paid by personal cheque or money order made payable to “PCTIA”. If you wish to file this complaint by email, please send it to info@pctia.bc.ca. You must send the originally signed documents along with the initiation fee of $50.00 to the Agency within five (5) days of submitting it by email. After the five day period, your email complaint will be discarded. If the Agency finds in favour of the student, the initiation fee will be refunded.
PCTIA – Student Complaint Form
9
Last Updated: May, 2009
COMPLAINTS IN ANOTHER LANGUAGE In what language was your program of study delivered? English Other (Please Specify)
Do you wish to have your complaint heard in English or in another language? * Note: Complaints may only be filed in English or in the language of instruction for your program if it was other than English. COMPLAINANT DECLARATION By signing this document, the Complainant(s) confirm(s) that:
English Other (Please Specify)*
I/we understand that it is an offence under Section 23(2) of the Private Career Training Institutions Act to give false or misleading information to the Agency. The information contained in this form and in all of the attachments is true and accurate to the best of my/our knowledge. I/we understand that a copy of this Complaint may be sent to the institution against whom the complaint is made.
Student Signature
Date Signed
Student Signature
Date Signed
PCTIA OFFICE USE ONLY Item Correct fee attached All sections of the form are complete All required attachments included Database Entry Completed Date and Initial / / / /
PCTIA – Student Complaint Form
10
Last Updated: May, 2009
PART C - Student Complaint Against an Institution Checklist
All of the items listed below should be filed as a part of your Student Complaint: A completed / signed Part B. Student Complaint Against an Institution Form. A cheque or money order for the $50.00 processing fee. A copy of your student contract with the institution. A copy of the Program Outline for your program. A copy of the advertising you relied on when enrolling. Copies of receipts from the school for tuition paid to them. A statement that explains or describes what happened when you attempted to resolve this dispute directly with the institution OR a statement explaining why you did not attempt to resolve this dispute directly with the institution. A list of the dates of meetings you had with the school when trying to resolve this conflict and copies of the notes about what people said at the meetings. Copies of all documents and letters relating to your attempts to resolve this dispute directly with the institution (if applicable.) Copies of statements from any witnesses to the incident. Copies of all documents, notes and letter relating to your filing of a law suit or complaint with any other body (Better Business Bureau etc.) A copy of the institutions handbook or copies of the institution’s policies you are concerned about (if available.) If you are filing a representative action, please also submit: Part D. Authorization to Representative signed by each student you represent. A completed Part E. List of Students in a Representative Action form Copies of all documents for the students you are representing (contracts, notes, letters etc.) IMPORTANT: Please check your complaint documents one more to time make sure you have completed all the forms and included everything that the Agency needs in order to help you. Thanks!
PCTIA – Student Complaint Form Checklist
Not Applicable Not Applicable
11
Last Updated: May, 2009
Part D. Student Complaint Against an Institution Authorization to Representative
INSTITUTION INFORMATION
Institution Name Name of the campus you attended Address of the campus you attended City and Province Postal Code STUDENT INFORMATION
Institution Number
Student Name Student Address City and Province Student Telephone Number Student Email Address Program of study in which you were registered. Program Start Date (shown on contract) What is your current student status? Program End Date (shown on contract) Attending (you are still in school) Withdrawn (you quit school) Dismissed (you were expelled from school) Incomplete (your contract has ended but you did not finish your program) Complete (you have graduated from your program) AUTHORIZATION
I HEREBY AUTHORIZE Name of Representative to file a representative complaint on my behalf with the Private Career Training Institutions Agency. I DECLARE that I have read and understood the complaint and that I agree to the representative complaint being filed on my behalf.
Postal Code Postal Code Alternative Telephone Number Student Fax Number
Signature of Student
Date Signed
PCTIA – Student Complaint Form Authorization to Representative
12
Last Updated: May, 2009
Part E. Student Complaint Against an Institution List of Students Being Represented
Last Name First Name STUDENT INFORMATION Daytime Telephone Street Address City Postal Code
PCTIA – Student Complaint Form List of Students Being Represented
13
Last Updated: May, 2009