FLD(REGULATION) - STUDENT RIGHTS AND RESPONSIBILITIES: STUDENT COMPLAINTS

Definitions

Business Days

"Business days" means College District days when College District offices are open, unless otherwise noted. In calculating timelines under this regulation, the day an event occurs or the day a document is filed is "day zero." The following business day is "day one."

Representative

"Representative" means any person who is designated by the student to accompany him or her in the grievance process. The representative is intended to provide the student moral support and may include legal counsel, except in disputes of grades.

If the representative is an attorney, the student must notify the dean of students at least 48 hours in advance of any meeting at which legal council will be present. At no point in the grievance process will the student or his or her representative be allowed to object to evidence, examine witnesses, or cross examine witnesses. The complaint process is not an adversarial process.

Purpose and Scope

This procedure is designed to provide a student with an opportunity to file a complaint or grievance regarding problems and conditions he or she believes to be unfair or inequitable. All student complaints not addressed elsewhere in policy will be governed by this section.

The student grievance procedure is not intended to supplant the Student Code of Conduct or complaints of sexual harassment.

Exceptions

This regulation does not apply to the following:

  1. Complaints alleging discrimination, including harassment against students on the basis of race, color, national origin, religion, gender, gender identity, gender expression, sexual orientation, age, marital status, disability veteran status, or limited English proficiency. [See FFDA and FFDB]
  2. Initial complaints regarding academic grievances or final course grades, which should follow FLDB(REGULATION).
  3. Complaints regarding disciplinary issues. [See FMA]
  4. Complaints concerning the withdrawal of consent to remain on campus. [See GDA]

Informal Procedures

A grievant is required to attempt to resolve the issue by discussing it with the individual contributing or causing the issue and with his or her supervisor or the next level of authority. If the grievant is uncomfortable for any reason discussing the issue with the individual contributing to or causing the issue, he or she can go directly to the next level of authority. The student may check with the administration to determine the next level of authority. If this does not resolve the issue, the student may seek review under the formal procedures below.

Formal Procedure

Procedures for a formal appeal are as follows:

  1. The grievant must file, no later than 20 business days after he or she knew or should have known of the alleged incident or event giving rise to the grievance, a written complaint with the office of the dean of students. The dean of students will route the grievance to the appropriate vice president, if necessary. The grievance must contain a statement of the actions being complained of, describe the remedy sought, and include any other relevant information. The grievance must also include the complainant's name and contact information. Failure to file within the timeline will waive the student's right to appeal.
  2. The appropriate committee, depending on the allegations at issue, will convene, usually within 15 business days, unless extended by agreement of the student and College District. This committee will be the academic appeals committee in most academic issues. If the issue is not academic in nature, another appropriate committee will be used.
  3. The committee will make a written finding and send its decision to the provost or the appropriate vice president, depending on the subject matter at issue, within five business days of the hearing. The decision will also be communicated to the dean of students, who will notify the student.
  4. A grievant may seek review of an adverse decision through the provost or vice president if requested in writing within five business days of the committee's findings. The provost or vice president will review the record, but no meeting or hearing will be held with the provost or vice president. The decision of the provost or vice president is final.

Committee Procedures

Committee procedures for appeals are listed below:

  1. In conducting the appeal committee hearing, the committee chairperson is authorized to:
    1. Request documentation or additional information from the student or any employee;
    2. Require any student or employee to appear and testify;
    3. Ask questions of students and employees appearing at the hearing; and
    4. Ensure that both the student and the employee are given equal opportunity to appear and testify.
  2. The hearing is not adversarial and will be conducted in a courteous, professional manner.
  3. The decision will be made by a majority of the committee members present at the hearing.
  4. The committee's decision will be made based on the evidence presented at the hearing.
  5. The hearing is not open to the public.
  6. An audio recording will be made upon the College District's or student's request.
  7. Reasonable time limits will be imposed by the committee.

Course Grade Complaints

For grievances related to course grades, see FLDB(REGULATION).

Prospective Student Denied Admission

A prospective student denied admission to any special program or of general admission to the College District may appeal to the admissions appeal committee, whose decision is final.

Alternative Reporting Procedures

A report against the College President may be made directly to the Board. If a report is made directly to the Board, the Board will appoint an appropriate person to conduct an investigation.

Tyler Junior College

FLD(REGULATION)-X

LDU 2019.03

DATE ISSUED: 9/6/2019