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Student Grievance Procedure

Clark State Community College recognizes that in the interest of the students it serves, a procedure is necessary whereby students can be assured a prompt, impartial and fair hearing of their grievances. Students who may have a grievance are provided this system to ensure fairness and due process. This procedure shall be available to all students.

Definitions
A "grievance" is a complaint involving the violation, interpretation or application of:

  • A college policy;
  • An administrative procedure;
  • An administrative regulation;
  • The violation of individual rights by another student;
  • Alleged discrimination on the basis of race, color, religion, sex, national origin, age, disability, political affiliation, veteran status, or other conditions, preferences or behavior.

"Working days" are any days from Monday through Friday that the campus is open.

A "student" is someone who is enrolled at Clark State Community College at the time of the grievance.

Procedures
Informal Resolution of Grievance

The student must go to the instructor or staff member where the alleged problem originated. An attempt should be made to resolve the matter equitably and informally at this level. If an acceptable solution is not reached with the person or persons directly involved with the problem or grievance, the student has the option of progressing successively up the chain of the organizational structure in which the problem originated. This process should take place within 10 working days of the original problem or concern.

For example, if a student has a problem or grievance with a faculty member and cannot resolve that problem with the faculty member, the student can then talk to the dean of the division, and finally to the vice president of academic and student affairs. The grievance may be resolved informally at any of these levels. At the final stage of informal resolution of grievances, all academic matters should be referred to the vice president of academic and student affairs; all other matters should be referred to the dean of student affairs. These officers shall respond to the student within five working days regarding the matter of concern.

Formal Resolution of the Grievance
If the informal procedures fail to resolve the problem, the student may choose to file a formal complaint with the immediate supervisor of the person involved in the grievance within 20 working days of the original incident or problem. A grievance form shall be made available to the student from the dean of student affairs.

The supervisor shall immediately acknowledge receipt of the grievance in writing and shall immediately initiate an inquiry into the incident. As a part of the effort to resolve the issue, the supervisor shall consult with the dean of the division. The supervisor shall render a decision in writing to the student within 10 working days of the receipt of the grievance, and send a file copy to the dean of student affairs.

If the written statement of the supervisor does not satisfy the student, a request to appear before the student grievance committee (see paragraph (D) below) may be made. This request must be in writing and addressed to the dean of student affairs. The student must submit the request within five working days after receiving the written response of the supervisor. The request shall state the nature of the grievance and the reason why the supervisor's response is unsatisfactory. A copy of the supervisor's response must be attached to the request.

The dean of student affairs shall send copies of the request to the members of the committee, the employee, and the employee's supervisor (or in the case of a student against student, the pertinent parties involved). The employee (or student) against whom the grievance was filed shall be given an opportunity to respond in writing to the chairperson of the committee within three working days.

Upon notification, the dean of student affairs, working in conjunction with the dean of the division, shall convene the committee to provide (as appropriate) a hearing for the student. The hearing and related processes should be completed within 15 working days of the filing of the formal request for a hearing. The committee shall schedule separate inquiries with the grievant, the employee, the supervisor, or the student grieved against, all of whom must provide the pertinent facts which the committee needs to determine the merits of the complaint. The committee may conduct any additional hearings that it considers necessary to render a fair decision. Either party may request and be granted an opportunity to appear before the committee in the presence of the other party. The committee shall decide by a majority vote the solution of the grievance. Upon deliberation of the information presented, the committee should either:

  • Uphold the original action;
  • Dismiss the action; or
  • Determine a mutually acceptable compromise between the parties involved. The dean of the division shall forward a copy of the committee's decision (as appropriate) to all parties involved and to the office of the president of the college.

The committee's decision may be appealed by either party involved to the president of the college within 10 working days of the committee's decision. The president shall review the facts, conduct whatever additional inquiries are deemed necessary and will render a decision within 10 working days of receipt of the appeal. The decision of the president is final.

The Student Grievance Committee
Membership

Three students appointed by the student senate.

  • Two faculty members appointed by the vice president of academic and student affairs.
  • One student affairs staff member appointed by the dean of student affairs.
  • One administrator appointed by the president of the college.
Committee Procedures
  • The chairperson of the committee shall be elected by the members of the student grievance committee.
  • A quorum shall consist of at least two student members and two college representatives. The dean of the division must also be present.
  • Student grievance committee members who have a vested interest in a particular hearing shall remove themselves from these deliberations at the request of the dean of student affairs.

The dean of student affairs shall serve in an ex officio capacity without a vote and has the responsibility for seeing that the appeals process proceeds as outlined in this policy. The dean is to provide assistance to the college, to the student grievant, and to the student grievance committee. The dean of student affairs or a designee shall be present at all hearings held by the student grievance committee.

Rights of the Parties Involved in a Grievance
When a grievance hearing is scheduled, the parties involved are entitled to: A written notice of the complaint.

  • A written notice of the time and place of the hearing. This notice shall be forwarded to all parties at least five working days prior to the hearing unless they waive this right.
  • A review of all submitted evidence, documents, or exhibits that each party may present at the hearing.
  • Have access to the names of the witnesses who may testify.
  • Appear in person and present information on his/her behalf, call witnesses, and ask questions of any person present at the hearing.
  • If the student initiates legal action against the college or an employee of the college, the internal hearing process may be terminated at that time.
  • If either the student grievant or the party involved fails to appear before a scheduled committee hearing, they each have three working days to submit acceptable evidence for their absence. If not submitted, a decision shall be made based upon the available evidence.

Process for disputed grades
Grades are not grievable. In cases concerning disputes regarding grades, the student should discuss the situation with the faculty member first, then the dean of the division, and then, if still unresolved, appear before the vice president of academic and student affairs. The decision of the vice president of academic and student affairs shall be considered final in the cases involving grades.

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