Student complaint procedure

36. (1) The student complaint procedure required under section 31 of the Act shall include,

(a) a requirement that a complaint be made in writing;

(b) the person or persons, identified by position, who will decide whether to dismiss the complaint or make a recommendation as to any further action in relation to the complaint;

(c) the process to be followed by the private career college in dealing with the complaint which shall include,

      (i) giving the student making the complaint an opportunity to make oral submissions,
      (ii) allowing the student to have a person present with the student at all stages of the proceedings, and
      (iii) the right of the student to have the person referred to in subclause (ii) make the oral submissions on his or her behalf;

(d) a description of the manner in which complaints, submissions and decisions will be recorded;

(e) a maximum length of time that may elapse between the date the complaint is submitted and the date a decision is issued by the college;

(f) a requirement that the decision be delivered to the student in writing and include reasons;

(g) a procedure for reviewing a decision;

(h) a requirement that the college maintain a record of every complaint at the campus where the complaint originated for a period of at least three years from the date of the decision relating to the complaint, which record shall include a copy of the complaint, of any submission filed with respect to the complaint and of the decision; and

      (1) a requirement that the college provide the student who makes a complaint with a copy of the record referred to in clause (h).
      (2) If a student is not satisfied with a private career college’s resolution of his or her complaint in accordance with the procedure set out in subsection (1), the student may refer the matter to the Superintendent and shall include in his or her application to the Superintendent a copy of the record referred to in clause (1) (h).
      (3) A private career college shall, as a condition of its registration, file a copy of any changes to the procedure with the Superintendent.
      (4) A change to a private career college’s complaint procedure shall not come into effect until approved by the Superintendent.
      (5) A private career college that is registered under the Private Career Colleges Act on the day before the day this section comes into force is not required to comply with this section until January 1, 2007.