Framework for Dispute Resolution in Malaysian Higher Education: A CrossJurisdictional Analysis

Abstract

Effective Complaint handling is fundamental to the growth of businesses and other institutions including the higher education institutions (HEIs). Education although argued to be mainly public good, higher education students are perceived as customers in a private enterprise and sometimes mixed goods. This perception reinforces the need to focus on the satisfaction of students on the quality of services they receive in Higher Education Institutions (HEIs). An effective complaint handling mechanism is therefore a means to ensure student complaints do not aggravate to conflicts. This aspect has not been adequately addressed in literatures; the laws of Higher Education Institutions in Malaysia have no clear provisions for complaint handling. Doctrinal method and qualitative techniques are employed in this work by online search of existing legislation in Malaysia, United States, United Kingdom, and other countries. Also, utilizing library materials, and internet sources like google scholar, Hein Online and, Jstor and Ebscohost (IIUM Discovery online) to discover literatures on this subject. This method reveals the global best practices in higher education complaint handling. The United Kingdom, United States and Australia are the models examined because these are foremost countries where University Ombudsmen offices were established and the complaint handling system in universities have developed overtime. Independence, accessibility, transparency, hierarchy of complaints (internal and external independent Ombudsmen) are some of the unique qualities in the complaint handling system in the countries especially in the United Kingdom. This paper therefore proposes a similar framework for Malaysia’s HEIs.All papers must include an Abstract. The Abstract and Keywords text should be 11 point Calibri, full justified and contained within one paragraph. Begin the Abstract with the word ABSTRACT. Do not Indent. Do not cite references in the abstract. The abstract should beapproximately 150 words. Avoid using abbreviations in the abstract.