The student is encouraged to pursue academic and
occupational studies and other college sponsored activities that will
promote his/her intellectual growth, career aspirations, or personal
development. In pursuing these ends, the student should be free of unfair
and improper action by any member of the academic community. When a student
feels that he/she has been subjected to unfair and improper action or denied
his/her rights by a member of the academic community, he/she can seek
redress according to the following procedures. Grievance actions may be
initiated by a student against another student, an instructor, an
administrator, or a member of the classified staff.
The following actions are grounds for student grievance:
Grievance Category #1 – Grading
Prejudiced or capricious decision in the academic evaluation
of a student’s performance.
Grievance Category #2 - All Other Grievances Except Grading
Including But Not Limited To:
Acts of threats of sexual harassment.
Acts or threats of intimidation or harassment.
Acts or threats of physical aggression.
Arbitrary actions or imposition of sanctions without proper regard to
due process.
Violation of student rights and responsibilities,
Grievances under Title VI of the Civil Rights Act of 1964, Title IX of
the Education Amendments of 1972, and Section 504 of the Rehabilitation Act
of 1973, which prohibit discrimination on the basis of race, color, national
origin, sex or handicap by federally funded education institutions.
PROCEDURES
Preliminary Action For Any Type of Grievance
When a petitioner has an alleged grievance, he/she shall
first attempt to resolve it by the following preliminary actions:
Confer with the person against whom he/she has the alleged grievance and if that proves
impossible or unsatisfactory, confer with the Vice President of Student Services or designee.
The Vice President shall make written recommendation to the Petitioner and Respondent for the
disposition of charges within five (5) school days of the final conference.
If the Petitioner feels that the issue has not been resolved
by either of the two above actions, he/she may submit to the Vice President
of Student Services or designee a signed statement specifying the time,
place, and nature of the alleged grievance and a list of witnesses and a
summary of the testimony they would give to the Vice President or designee.
This signed statement must be submitted within five (5) school days of the
final conference.
If illness or official school business prevents the Vice
President of Student Services or designee from receiving the petition during
the above time frame, the five (5) school day period will commence on the
Vice President’s return to duty.
Within one (1) school day after receiving a signed statement
of an alleged grievance(s) involving a disputed grade, the Vice President of
Student Services shall refer the matter to an Academic Fairness Committee
that will then conduct a formal hearing to establish findings of fact and to
recommend if the grade is fair or unfair.
The Academic Fairness Committee shall be comprised as
follows:
Two faculty members appointed by the President of the Academic Senate.
One administrator appointed by the Superintendent/President of the College.
The President of the Academic Senate (The Vice President of the Academic Senate
will fill this seat if the Senate President is the Respondent).
The committee will select one of it’s members as chairperson and one as secretary.
The Academic Fairness Committee shall conduct its
proceedings as follows:
Within five (5) school days after receiving the alleged grievance,
the committee shall receive a summary record from the Vice President of
Student Services and convene to discuss issues, hear testimony, examine
witnesses, and consider all available evidence pertaining to the charge.
Both parties shall have the right to present written or oral
statements, testimony, evidence, and witnesses. Each party shall have
the right to be represented by counsel and to question witnesses and
hear testimony.
The committee shall judge the relevancy and weight of testimony and
evidence and make its findings of facts limiting its investigation to
the formal charge. The committee shall also make recommendations.
Within fifteen (15) school days of its initial meeting, the Academic
Fairness Committee shall consider the charges and make a written
recommendation to the faculty member involved with copies to the
student, the Vice President of Instruction, and the Vice President of
Student Services.
The hearing shall be closed to the public.
A summary record of the proceedings shall be kept in a confidential
file by the Vice President of Student Services and shall be available to
the Respondent and Petitioner throughout this procedure. If the Vice
President of Student Services is the Respondent, the Vice President of
Instruction will keep the summary record.
Upon issuance of the written recommendation to the Respondent and
Petitioner, the Vice President of Student Services or designee shall
destroy the record referred to above. The Respondent may ask a copy of
the record by placed in his/her personnel file if he/she chooses.
The Vice President of Student Services or designee shall,
within one (1) school day after receiving the signed statement or grievance
in non-grading situations, make a determination as to whether further
investigation is needed. Within five (5) school days the Vice President of
Student Services will either determine the disposition of the alleged
grievance or refer the alleged grievance to the Student Grievance Committee.
The Student Grievance Committee shall be comprised as
follows:
Two students selected by the President of the Associated Student Body.
Two committee members representing the employment classification of
the Respondent unless the Respondent is a student. These members shall
be selected by the following unit presidents (Faculty Association
President, CSEA President, Superintendent/President).
One administrator (other than the Vice President of Student
Services) selected by the Superintendent/President of the college.
The committee shall select one of its members as chairperson.
The Vice President of Student Services or designee shall provide the
committee a secretary.
The Student Grievance Committee shall conduct its proceedings as follows:
Within five (5) school days after receiving the alleged grievance,
the committee shall receive a summary record from the Vice President of
Student Services and convene to discuss issues, hear testimony, examine
witnesses and consider all available evidence pertaining to the charge.
Both parties shall have the right to present written or oral
statements, testimony, evidence and witnesses. Each party shall have the
right to be represented by counsel and to question witnesses and hear
testimony.
If either party to the proceedings or their representatives fails to
attend the hearing, that individual forfeits his/her right to further
appeal unless he/she has an excuse for the absence which is acceptable
to the Vice President of Student Services.
The committee shall judge the relevancy and weight of testimony and
evidence and make its findings of facts limiting its investigation to
the formal charge. The committee shall also make recommendations for the
disposition of the charge.
Within fifteen (15) school days of initial meeting, the committee
shall submit its findings of fact and recommend action to the
Superintendent/President of the College with a copy to the Respondent,
the Petitioner, and the Vice President of Student Services.
The hearing shall be closed to the public.
A summary record of the proceedings shall be kept in a confidential
file by the Vice President of Student Services and shall be available at
all times to the Respondent and Petitioner. If the Respondent is cleared
of the charge(s), the file shall be destroyed. Any district employee may
request a copy of the record be placed in his/her file if he/she
chooses.
Final Action – Grievance Category #2 – All Grievances Except
Grading
The Vice President of Student Services or designee, upon
receiving the findings of facts and recommendations of the Student Grievance
Committee, shall, within three (3) school days, render a decision and
transmit it in writing to the Respondent, the Petitioner, the Student
Grievance Committee chairperson, and the Superintendent/President of the
College. The Vice President of Student Services or designee shall review the
proceedings of the committee, conduct such additional investigations as
he/she deems appropriate, and take one of the following actions:
Dismiss the petition.
Act in accordance with the Student Grievance Committee’s
recommendation.
Take such other or further actions as the Vice President of Student
Services deems appropriate.
The respondent or the Petitioner may appeal the decision of
the Vice President of Student Services to the Superintendent/President of
the College within three (3) school days. Upon receipt of the appeal, the
Board shall review the proceedings, conduct such investigations as are
deemed appropriate, and take one of the following actions:
Dismiss the petition.
Act in accordance with the Student Grievance Committee’s recommendation.
Take such other or further action as the Superintendent/President
deems appropriate.
If the Respondent or Petitioner is dissatisfied with the
Superintendent/President’s decision, he/she may write an appeal to the Board
of Trustees within three (3) school days. Upon receipt of the appeal, the
Board shall review the proceedings, conduct such investigations as are
deemed appropriate, and take on of the following actions:
Dismiss the petition.
Act in accordance with the Student Grievance Committee’s
recommendation.
Take such or further action, within the provisions of the
Educational Code, as the Board of Trustees deems appropriate.
The decision of the Board of Trustees is final and there is
no further appeal under this procedure.
EVALUATION PROCESS
The Student Grievance Procedure shall be evaluated as needed
by the committee formed to evaluate the procedure. The committee shall
consist of the Vice President of Student Services, Vice President of
Instruction, Coordinator of Student Activities, President of the Academic
Senate, the Associated Student Body President, President of the Faculty
Association, and the President of CSEA.
