Purpose and Definiton
The purpose of this procedure is to provide a prompt and equitable means for resolving student grievances. The procedures enumerated herein shall be available to any student who believes a district decision or action has adversely affected his/her rights as a student as specified in Policy 3100, Section 1 through 10.
Grievance Officer and Grievance Committee
- Grievance Officer
- Each College year, each college President and the Provost of Continuing Education shall appoint a Grievance Officer. The Grievance Officer shall be an administrator who will facilitate the grievance process and shall coordinate all matters related to grievance hearings.
- Grievance Committee
Each College year, the Academic Senate shall nominate five faculty members and the Associated Students organization shall nominate five students to serve for a one year term to form a pool from which a grievance committee may be convened.
The Grievance Committee shall be constituted as needed in accordance with the following criteria:
- The Grievance Committee shall include at least one but no more than three students selected by the President from the pool submitted by the student body organization.
- The Grievance Committee shall include at least one but not more than three instructors selected by the President from the pool submitted by the Academic Senate.
- There shall be an equal number of students and faculty represented except in cases where a grievance is related to academic accommodation.
- In cases where a Grievance is related to academic accommodation, the grievance committee shall also include the 504 Officer, a subject matter expert (not a member of the department of the faculty member involved in the grievance), and a certificated member from Disabled Students Programs & Services (DSP&S). The 504 officer shall be a nonvoting member.
- The Grievance Officer shall serve as Chairperson of the Grievance Committee and vote only in the event of a tie.
- No person shall serve as a member of the Grievance Committee if that person has been personally involved in any matter giving rise to the grievance, or could otherwise not act in a neutral manner. Any party to the grievance may request the names of the grievance committee members and may challenge for cause any member of the Grievance Committee no later than 48 hours prior to the beginning of the hearing by addressing a challenge to the President who shall determine whether cause for disqualification has been shown. If the President feels that sufficient ground for removal of a member of the Grievance Committee has been presented, the challenged member or members shall be removed and substituted with a member or members from the lists in paragraph 2 above.
Informal Resolution
All parties shall make a reasonable effort to resolve the matter on an informal and confidential basis prior to requesting a grievance hearing. Informal meetings and discussion between persons directly involved in a grievance is essential at the outset of the dispute.
In cases where a grievance is related to academic accommodation, the student is encouraged to contact DSP&S immediately.
Formal Resolutions
If the student fails to resolve the grievance using informal resolution procedures, no further action will be taken unless the student files a formal grievance within ten (10) calendar days of the last informal consultation or within 30 calendar days following the end of the semester in which the alleged grievance occurred. In cases where a grievance is related to academic accommodation, the student must contact the Grievance Officer immediately.
The Grievance Officer shall:
- Meet with the student within two instructional days or as soon as possible.
- Determine that the informal resolution process has been followed and has been unsuccessful.
- Advise the student of their rights and responsibilities as enumerated in Policy 3100 and this Procedure.
- Obtain a description of the grievance from the student on the Statement of Grievance Form. In cases where the grievance is related to academic accommodation, the grievance officer shall immediately inform the 504 Officer of the need for an interim accommodation and ensure that the 504 Officer informs the instructor, DSP&S and the student, in writing, of the recommended interim accommodation.
- Advise the student as to the appropriateness of a hearing. Grievances should only be heard where:
- The grievant alleges a violation of a student right as specified in Policy 3100, Section 1 through 10.
- The grievant was a student of the college at the time the alleged incident occurred.
- The grievant is personally and directly damaged by the alleged incident.
- There is a remedy which is within the authority of the District to grant.
- There is not another prescribed administrative channel for due process.
The following allegations or issues shall not be heard under this procedure:- Discipline of students (See Procedure 3100.2, STUDENT DISCIPLINARY PROCEDURES).
- Discipline of employees.
- Traffic or parking citation (Heard through the Traffic Courts).
- Correction to records, including grade changes. (See Procedure 3001.1, STUDENT RECORDS, RELEASE, CORRECTION AND CHALLENGE).
- Discrimination or sexual harassment complaints other than academic accommodation (See Policy 4105 and Procedure 4105.2)
- Criminal acts or civil damages.
- Have the student formally request a hearing by filing the Grievance Hearing Request form within 30 days of the end of the semester in which the alleged incident occurred.
Grievance Hearing
Any request for a grievance hearing shall be filed with the Grievance Officer by completing the Statement of Grievance form and the Grievance Hearing Request form.
Within ten (10) instructional days following receipt of a Grievance Hearing Request form, the Grievance Officer shall convene the Grievance Committee. In cases of academic accommodation, time is of the essence.
Hearing Procedure
- The full Grievance Committee must be present for the hearing to proceed. The Grievance Officer will be the facilitator and shall inform the participants of the procedures to be followed in the hearing. The decision of the Grievance Officer shall be final on all matters relating to the conduct of the hearing unless there is a two-thirds majority vote of the members of the Grievance Committee to the contrary. The burden of proof shall be on the grievant.
- Each party of the grievance may provide the committee with oral and written information relevant to the issue of the grievance.
- The Grievance Officer shall assist all parties in the securing of supporting information.
- Formal rules of evidence shall not apply. All relevant information shall be considered.
- In cases related to academic accommodation the committee shall evaluate the grievance with respect to Section 504 of the Federal Rehabilitation Act of 1973 to ensure that the denial of a requested accommodation is not in violation of the Federal Rehabilitation Act of 1973.
- Parties to the grievance may represent themselves and shall also have the right to be represented by another party who may act as their advisor. Parties shall notify the Grievance Officer of their representative no later than two (2) instructional days prior to the hearing.
- Hearings shall be closed and confidential, unless all parties agree to the contrary.
- In a closed hearing, witnesses shall be only present when testifying, unless all parties and the Grievance committee agree to the contrary. A taped record shall be maintained by the Grievance Officer, unless there is an objection by either party, and in the case of a confidential hearing, shall be the only taped record maintained. Destruction of all records of the hearing shall be in accordance with Procedure 2300.1, FILING, WAREHOUSING AND DISPOSITION OF RECORDS.
Grievance Decision Recommendation
The Grievance Committee's recommendation shall be based only upon the record of the hearing. Relevant sections of State and Federal laws shall apply.
- The Grievance Committee shall submit its findings in writing to the President within five (5) instructional days following the conclusion of the hearing. The written report shall include specific findings on each issue of the grievance together with recommendations. In cases of academic accommodation, time is of the essence.
President's Decision
Within five (5) instructional days following receipt of the Grievance Committee's recommendation, the President shall submit a written decision to all parties concerned. In cases of academic accommodation, time is of the essence. The President may accept or reject the findings and recommendations of the Grievance Committee. If the President does not accept a finding or recommendation of the Grievance Committee, the reasons shall be stated in the written decision not to accept. Once the president makes a decision, the grievance process has been completed.