PRP 4862 - Student Non-Academic Grievance Policy
Issued by: Jerrold A. Griffis, Vice President for Student Life Effective Date: August 31, 1981
Notes: Established by CCCL 3/77. Approved Representative Assembly on 3/81
The purpose of the following procedure is to provide students with a system by which to grieve complaints of alleged injustices relating to violation, misinterpretation or discriminatory application of non-academic policies and procedures, and/or the conduct of professional, non-professional and student employees.
I. Informal Channels:
A. The student may first discuss the matter with the individual designated as the Non-Academic Grievance Coordinator under this Policy to determine what steps to follow to resolve the complaint. The student may also consult the Student Success and Campus Life Staff and any campus lawyer made available through the student government association.
B. In an attempt to resolve a complaint on an informal basis, the student should make every effort to first discuss the matter with the following individuals:
1. Individual being grieved or organization advisor.
2. Appropriate administrator/supervisor.
In order for the matter to be resolved expeditiously, the consultation(s) should take place as soon as possible after the alleged incident has occurred.
II. Formal Channels:
A. Students, who feel the informal consultations have not satisfactorily resolved the matter, may initiate a formal grievance by filing a Non-Academic Grievance Form with the Non-Academic Grievance Coordinator (NAGC).
B. Upon receiving the form, the NAGC shall determine if it is in proper order, and shall contact the person against whom the complaint has been filed. That person will be supplied with a copy of the form and informed that the Non-Academic Grievance Board will be called to hear the case if the matter cannot be resolved within three class days of receiving notification of the student's action.
C. If the two parties do not settle the complaint within three class days, the Board will hear the case within fifteen class days barring a reasonable request for a delay by the grievant or respondent.
D. The grievant and respondent will be informed of the individuals who serve on the Board. Either or both party(ies) may request the disqualification of Board members whom they feel cannot be objective in this case. Requests for disqualification will be decided by the NAGC and may delay the Board hearing.
E. If the complaint cannot be resolved during the course of the hearing, the Board, in Executive Session, shall prepare a recommendation to the appropriate Vice-President. This shall be submitted within three days after the hearing.
F. Within five class days of receiving the recommendation, the Vice-President (or designee) will take action consistent with it and all applicable University policies and collective bargaining agreement requirements. The Vice-President shall notify both parties, in writing, of the decision and action taken. If extenuating circumstances (e.g., legal advice or the application of any relevant State System, University or collective bargaining agreement requirements) dictate the need for additional time to reach the decision, the Vice-President will inform the grievant, respondent, and NAGC of such in writing.
G. The President has delegated the resolution of the grievance to the Vice-Presidents.
III. Structure of Formal Channels:
A. The Non-Academic Grievance Coordinator (NAGC) shall be appointed from the Student Life or General Administration staff by a committee composed of the Vice- President for Student Success and Campus Life (SSCL), Vice-President for University Affairs and Student Council President. The Student Council will have final approval of the appointment. The individual must be someone known for fairness and objectivity, and one who is familiar with policies and procedures directly affecting students. The NAGC will be responsible for ensuring that all procedural guidelines are met.
B. The Non-Academic Grievance Board shall consist of four students, two members of the SSCL staff and two staff members.
1. Student members will be appointed by CGA upon a recommendation of a screening committee. Appointees must have a 2.5 GPA and have earned 30 credits at the University.
2. Student Life staff will be appointed from at least two offices by the Vice-President for Student Life.
3. Staff members will be appointed from at least two offices by the Vice-President for University Affairs.
4. Not more than one manager will serve on the Board.
C. The Board shall select one person to serve as a voting moderator of the Executive Session. This individual will be responsible for transmitting the recommendation to the appropriate Vice-President.
D. Should the Board members become deadlocked in preparing a recommendation, the voting moderator will inform the appropriate Vice-President within three class days after the hearing. Hearing evidence and reasons or argument relating to the Board's inability to make a recommendation will be submitted to the Vice-President as background information.
E. A Board member has the right and obligation to disqualify him/herself from a case in which a personal interest, association, affiliation or attitude might cause bias or jeopardize the Board's objectivity. Any member directly affected by said charges shall be automatically disqualified.
IV Non-Academic Grievance Hearing:
A. In keeping with the campus standards of due process, both the grievant and respondent have the following rights: to receive written notice of the time and place of the hearing at least 72 hours prior to the hearing; to receive a written notice of the complaint; to be accompanied by an advisor of one's choice; to present witnesses and other evidence; and to confront and cross-examine witnesses. No grievant, respondent or witness shall be compelled to participate.
B. The hearing will be open only to the parties involved in the case.
C. A tape recording will be made at each hearing. Said tape will be kept as a confidential record in the office of the appropriate Vice-President for a period of one year.
D. The NAGC will serve as the neutral presiding officer, and shall conduct the hearing in a fair and orderly fashion.
E. At least six Board members (three students, three staff members) must be present for the entire hearing and to prepare the Board's recommendation.
F. If the respondent fails to appear, testimony shall be heard and a recommendation rendered. If the grievant fails to appear, the grievance will be dismissed.
G. If the claim lacks substantial evidence, the Board will dismiss the case.
H. No person shall suffer recrimination or discrimination because of participation in this procedure.