STUDENT
DEVELOPMENT OFFICE
Counseling,
Career and Employment Services
|
STUDENT
DEVELOPMENT OFFICE |
|||||
|
|
|
|
|
|
|
|
>
Student Rights & Responsibilities Home > Grievance
Procedure
PM 04-01
9/7/04
California State
University, Dominguez Hills I. Introduction Appendix A: Flow Chart of Student Grievance Procedure I. Introduction While California State University, Dominguez Hills (CSUDH) endeavors
to maintain a congenial and responsive atmosphere for its students
conducive to the educational purpose of the University, it recognizes
that from time to time, misunderstandings and disagreements may arise
during the course of a student’s enrollment. A grievance may arise out of a decision or
action reached or taken in the course of official duty by a member of
the faculty, staff or administration of CSUDH. A grievable action is
defined below. The purpose of CSUDH’s Student Grievance Procedure (the
“Procedure”) is to provide a process for an Any student has the right to seek redress
under this Procedure and to cooperate in an investigation or otherwise
participate in this Procedure without intimidation, threat of
retaliation or retaliatory behavior. Any such behavior, verbal or
written, in response to participation in the grievance process is
prohibited. II.
What is a Grievable Action? A grievable action
is an action that:
·
Is in violation of written campus policies or procedures,
or
·
Constitutes arbitrary, capricious or unequal application
of written campus policies or procedures. The Procedure does not apply
to the following complaints:
·
Sexual Harassment or Discrimination Complaints.
Such complaints should be directed to the Office of the Vice Assistant
Vice President for Human Resources Management. Proper procedures and options shall then be discussed with the
student.
·
Dismissal/Termination from Academic Program or Other
Program Issues. If the program has a specialized grievance
procedure, grievances concerning dismissal/termination from the program
or other program issues must follow the procedures in the specific
program handbook. However, if a program does not have a
specialized grievance procedure, then this Procedure would apply
to grievances concerning dismissal/termination from the program or other
program issues.
·
Complaints About Another Student’s Conduct.
Complaints about another student’s alleged misconduct are appropriately
handled by the Student Discipline Procedure found in Executive Order No.
628. For information on filing a complaint against another student,
contact the Office of the Assistant Vice President for Human Resources
Management. · Challenges
to Grades. CSUDH has a separate procedure to handle challenges to
grades which is found in PM 96-02, Student Grade
Appeal Procedures. A complete copy of the Student Grade Appeal
Procedures can be found at
http://www.csudh.edu/srr/schedule.htm. ·
Academic Petitions. CSUDH has established the
Student Academic Petitions and Appeals Committee
(SAPAC) to review and approve or deny petitions concerning grade changes
that are not subject to the Student Grade Appeal Procedures, withdrawals
and other academic petitions referred by the Registrar. PM 99-01
contains information about SAPAC and can be found at
http://www.csudh.edu/FacultyAffairs/99PMS.htm.
·
Financial Aid Decisions. Students with complaints
relating to Financial Aid decisions, rules and
regulations should contact the Financial Aid Office. The Office of the Assistant Vice President
for Human Resources Management
may be consulted for assistance in determining the appropriate procedure
a student should follow to seek redress of his/her complaint. III.
Standing to File a Grievance Any person who at the time of filing a grievance is a student
enrolled in a course or was such a student during the academic term
prior to the time of filing, has standing to file a grievance under this
Procedure, provided that person has attempted to resolve his/her
complaint informally through those procedures discussed in Section V of
this Procedure. IV.
Time Limit on Filing a Formal Grievance To be timely, a formal grievance must be filed with the Office of the
Assistant Vice President for Human Resources Management within forty (40) calendar days after the
student learned or reasonably should have learned of the occurrence of
the action on which his/her grievance is based. CSUDH’s Student Grievance Procedure relies on the good faith of all
involved to achieve a reasonable resolution of grievable actions. Any
student who believes that s/he has grounds for a grievance shall first
make an attempt in good faith to resolve the problem through early
informal discussion of the matter with the faculty, staff or
administrator directly involved. If after ten (10) working days from
the date of such informal discussion, the student is not satisfied, the
student shall then attempt to resolve the grievance through either of
the following channels: A.
Grievance
Against Faculty Member. In the case of faculty, through the
division/department chair, and if resolution still cannot be attained,
the Dean of the College. B. Grievance
Against Staff Member or Administrator. In the case of a staff
member or administrator, through the employee’s immediate supervisor,
and if resolution still cannot be attained, the head of the
administrative unit. If a resolution is not reached through the
division/department chair or the employee’s immediate supervisor, the
student must then attempt resolution by submitting a written statement
of his/her allegations to either the Dean of the College or the head of
the administrative unit. The Dean or head of the administrative unit
shall investigate the allegations and reach a conclusion as to whether
the student’s allegations have merit and propose a resolution. If the
student is not satisfied with the results of the investigation, the
student may proceed with the initiation of a formal grievance as
provided in Section VI of this Procedure. VI.
Initiation of Formal Grievance Procedure A. Student
Grievance Form Filed with the Office of the Assistant Vice President for
Human Resources Management.
If a resolution of the problem is not achieved through the informal
procedures set forth in Section V of this Procedure, the student may
request an official examination of the facts by presenting a completed
Student Grievance Form to the Office of the Assistant Vice President for
Human Resources Management.
The Student Grievance Form is attached as Appendix B and may also be
obtained from the Office of the Assistant Vice President for Human
Resources Management or from the
CSUDH website. To complete the Student Grievance Form,
the student must prepare a specific statement of allegations made and
remedies sought to redress the alleged grievance. A brief narrative
(including the names of individuals and/or departments involved, dates,
times, records, etc.) is required to support the allegations made.
Also, the student must obtain the signatures of appropriate individuals
to show that s/he engaged in the informal stage of this Procedure as set
forth in Section V. The only exception to this requirement shall be a
showing by the student that good cause exists for not engaging in that
stage. B.
Office of the Vice President for Human Resources Management Determines Grievability. 1. The
Office of the Assistant Vice President for Human Resource Management shall determine grievability by ascertaining
whether: (1) the grievant has standing to file a grievance; (2) the
grievance has been filed within the timeline specified in Section IV of
this Procedure; (3) a grievable act, as defined in Section II of this
Procedure, has been alleged; (4) informal efforts as stated in Section V
of this Procedure have been made to attempt to resolve the issue; and
(5) the complaint is one for which this Procedure applies.
2. The Office of the Assistant Vice President for Human
Resources Management shall notify the student
of his/her findings on the issue of grievability within ten (10) working
days of having received the completed Student Grievance Form. 3. A finding that
the student lacks standing, that the grievance was not filed within the
specified timeline, that no grievable action has been alleged or that
the complaint is one for which this Procedure does not apply shall
conclude the proceedings. 4. If it is found
that the student failed to engage in the informal stage of this
Procedure as set forth in Section V, the student shall be given five (5)
working days to either engage in such informal measures or to show good
cause for not engaging in those measures. Failure to do either within
that time period shall conclude the proceedings.
5. Determinations/findings made by the the Office of the
Assistant Vice President for Human Resources Management under this section shall be final. A.
Composition.
There shall be a standing Student Grievance Panel that shall be composed
of the following nine members: three members of the teaching faculty
selected by the Academic Senate; three Student Services Professionals
appointed by the Vice President of Student Affairs; and three students
selected by the Associated Students, Inc. B.
Purpose of
Student Grievance Panel. The purpose of the Student Grievance Panel
is to serve as the pool of individuals from which a Student Grievance
Committee is selected to hear a grievance that proceeds to the hearing
phase of this Procedure. C.
Term of
Service – Faculty and Student Services Professionals. Faculty
members and Student Services Professionals members of the Student
Grievance Panel shall serve for two (2) years. The two-year terms of
these members of the Student Grievance Panel shall begin and end in the
same timeframe established for Academic Senate committees. D.
Term of
Service – Students. Student members of the Student Grievance Panel
shall serve for one (1) year. The one-year term shall begin on October
1 and end on September 30, or upon completion of any hearing in progress
as of that date.
E. Vacancy in Student Grievance Panel. In the event that a
member of the Student Grievance Panel is unable to complete his/her term
of office, a replacement shall be appointed to complete the unexpired
term, following the original appointment procedures stated in Section VII.A of this Procedure. VIII.
The Hearing Procedures A.
Hearing by a
Student Grievance Committee. Each grievance that proceeds to the
hearing phase of this Procedure shall be heard by a Student Grievance
Committee selected from the Student Grievance Panel. Within ten (10)
working days of determining grievability, the Office of the Assistant
Vice President for Human Resources Management shall select from the Student Grievance Panel one
faculty member, one Student Services Professional member and one student
member to serve as the Student Grievance Committee for that grievance.
The Office of the Assistant Vice President for Human Resources
Management shall provide a copy of the
Student Grievance Form to each member of the Student Grievance Committee
as well as to the grievant and the party against whom the grievance is
filed. B. Selection of
Chair of the Student Grievance Committee. Each Student Grievance
Committee shall select its own chair and notify the Office of the
Assistant Vice President for Human Resources Management of the name of the selected chair. C.
Notification
of Composition of Student Grievance Committee. Once notified of the
selected Chair of a Student Grievance Committee, the Office of the
Assistant Vice President for Human Resources Management shall notify both the grievant and the party against
whom the grievance is filed of the names of the committee members as
well as the chair of the Student Grievance Committee. D.
Duties of the
Chair of the Student Grievance Committee. The duties of the Chair
of the Student Grievance Committee include the following: 1. The Chair of the
Student Grievance Committee shall notify the grievant and the individual
against whom the grievance is filed of the date, time and place of the
hearing. 2. The Chair of the
Student Grievance Committee shall ensure that the conduct of the hearing
conforms to the procedures prescribed herein. 3. The Chair of the
Student Grievance Committee is responsible for maintaining order, and
may establish such rules as are necessary or appropriate to conduct a
fair hearing. The Chair shall not permit any person to be subjected to
abusive treatment. The Chair may eject or exclude anyone who refuses to
be orderly. 4. The Chair of the
Student Grievance Committee shall arrange for and maintain custody of
the records of the proceedings until the Student Grievance Committee has
rendered its recommendation to the President, or his/her designee, after
which the records of the proceedings shall be placed in the custody of
the Office of the Assistant Vice President for Human Resources
Management. Records shall be maintained
for a period of four (4) years. 5. The Chair of the
Student Grievance Committee shall see that copies of all statements and
documents to be considered by the Student Grievance Committee are
accessible to all members of the Student Grievance Committee and to each
party of the grievance. The Chair shall also ensure that each party of
the grievance shall have the opportunity to be present when testimony is
given. 6. The Chair of the
Student Grievance Committee shall ensure that the hearing is tape
recorded. 7. The Chair of the
Student Grievance Committee shall decide all procedural issues that
arise during the hearing with the concurrence of at least one member of
the Student Grievance Committee. 8. The Chair of the
Student Grievance Committee, on behalf of the Student Grievance
Committee, may seek legal advice from the Office of General Counsel of
The California State University. E.
The Hearing.
All hearings held under this Procedure shall be conducted according to
the following: 1. The full
three-member Student Grievance Committee must be present for the hearing
to proceed. 2. The hearing shall
be informal in nature, and conducted in a spirit of mediation and
conciliation. The hearing shall be closed. In a closed hearing, only
the principals in the action, the advisors, if any, and members of the
Student Grievance Committee may be present. Witnesses are to be present
only during the time in which they give their statement and shall remain
outside the hearing room until called. The principals in the action
shall be provided with the dates and times of all meetings and given the
opportunity to hear any evidence presented. 3. Either party to
the dispute may be accompanied by one advisor of his/her choice,
provided that person does not function as an attorney and provided that
prior notification of the intent to have an advisor is given to the
Chair of the Student Grievance Committee and the other party. An
advisor may act on the behalf of the party he/she represents. The
exclusion of attorneys as advisors does not prohibit either party to the
dispute from consulting an attorney. 4. Either party to
the grievance may bring witnesses to a hearing. The names of the
witnesses shall be provided to all parties prior to their appearance.
Written statements may be permitted from witnesses unable to attend the
hearing if the Chair of the Student Grievance Committee so rules with
the concurrence of at least one other member of the Student Grievance
Committee. Each witness shall be questioned first by the party
presenting the witness, then by the other party, and finally by the
members of the Student Grievance Committee. 5. Prior to the
hearing, both parties shall have the right to examine and copy
documentation pertinent to the grievance. Questions of pertinence shall
be decided by the Chair of the Student Grievance Committee with the
concurrence of at least one member of the Student Grievance Committee. 6. The hearing shall
be conducted according to the order set forth in Section VIII.E.7 of
this Procedure. The hearing shall not be conducted according to
technical rules of evidence and witnesses. The Chair of the Student
Grievance Committee shall admit the sort of evidence on which reasonable
persons are accustomed to rely in the conduct of serious affairs and
shall exclude evidence that is irrelevant, unduly repetitious or
cumulative. Evidence relating to past actions may be admitted if shown
to be relevant. No evidence other than that received at the hearing
shall be considered by the Student Grievance Committee. 7. The hearing shall
be conducted in the following order subject to recognition by the Chair
of the Student Grievance Committee, with the Chair of the Student
Grievance Committee ensuring that each party be allowed a maximum of
thirty (30) minutes for all aspects of his/her presentation: a. Opening
Statements. Both parties may make opening statements. The grievant
goes first. The respondent may reserve the opening statement until the
evidence of the grievant has been presented. b. Presentation
of Evidence. The case of the grievant shall be presented first and
then that of the respondent. Documents submitted as evidence shall be
numbered by the Chair of the Student Grievance Committee. At the
hearing, each side shall have sufficient copies of each document that
s/he wishes to enter into evidence to ensure that each member of the
Student Grievance Committee and each side have a copy of the document
presented. c. Presentation
of Rebuttal Evidence. Both parties may present rebuttal evidence.
The grievant goes first. d. Closing
Arguments. After all the evidence has been presented, both
parties may make closing arguments. The grievant goes first and shall
have a final opportunity to rebut the closing argument of the
respondent. 8. The hearing shall
be tape recorded. The Chair of the Student Grievance Committee shall
record the date, time and place of the hearing and shall require all
participants to identify themselves for the tape recording at the
beginning of the hearing and when speaking during the hearing. The tape
recording shall become part of the official record maintained by the
Office of the Assistant Vice President for Human Resources Management. Camera and video recorders shall
not be permitted at the hearing. The grievant as well as the individual
against whom the grievance is filed may, at his/her own expense, request
a copy of such recording. No recording by the grievant or other persons
at the hearing shall be permitted. 9. If the grievant
does not appear within one half-hour of the time agreed upon for the
hearing, the hearing shall be canceled and the charges dismissed, unless
a valid excuse (as judged by the Student Grievance Committee) is
presented within 48 hours. If the person grieved against does not
appear, the hearing shall proceed without her/him. Failure of an advisor
to appear for either party shall not constitute grounds for postponing
or delaying the hearing. F.
Recommendation of the Student Grievance Committee. 1. Members of the
Student Grievance Committee shall meet in executive session (with all
other persons excluded) following the conclusion of the hearing. In this
session, the Student Grievance Committee shall consider the evidence and
reach its recommendation, basing that recommendation only on the
evidence and exhibits received at the hearing, arguments made in
accordance with this Procedure, and any opinions received from the
Office of General Counsel. 2. The Student
Grievance Committee shall determine by majority vote whether a
preponderance of the evidence presented demonstrated that a grievable
action was committed, and if so, shall recommend remedies. The Student
Grievance Committee shall then prepare its written report which shall
consist of the Student Grievance Committee's detailed findings of fact,
any conclusions resulting from those findings, a finding for or against
the grievant, and its recommendations for resolving or terminating the
matter. Appendix C contains the format for the Student Grievance
Committee’s report. A minority position may be expressed either as a
section in the Student Grievance Committee's Report or as a separate
Report. 3. Within ten (10)
working days of the conclusion of the hearing, the Chair of the Student
Grievance Committee shall ensure that the Student Grievance Committee’s
Report is completed, and shall send copies to the parties involved in
the grievance, the President of the University, or his/her designee, and
the Office of the Assistant Vice President for Human Resources
Management. 4. After the Student
Grievance Committee report is sent to the President, or his/her
designee, the Chair of the Student Grievance Committee shall complete
his/her portion of the Student Grievance Form on the original of that
form and return that original to the Office of the Assistant Vice
President for Human Resources Management along with the tape recording of the hearings and all written
documentation provided to the Student Grievance Committee. 1. After reviewing
the Student Grievance Committee’s Report, the President, or his/her
designee, may accept, reject or modify the recommendations of the
Student Grievance Committee for reasons based on the record of the
hearing, system policy or state or federal law. 2. A decision by the
President, or his/her designee, on whether the grievance has merit is
final. 3. If the decision
by the President, or his/her designee, finds that the grievance has
merit and the President decides that corrective action or disciplinary
action is appropriate, the matter shall be referred for such corrective
action or discipline as provided by the applicable collective bargaining
agreement for represented employees or campus procedure for
non-represented employees. 4. The decision of
the President, or his/her designee, shall be in writing and normally
rendered within five (5) working days of receipt of the Student
Grievance Committee’s report. Copies of the decision of the President,
or his/her designee, shall be delivered to the grievant, the person
against whom the grievance was filed and the Office of the Assistant
Vice President for Human Resources Management.
FLOW CHART: STUDENT GRIEVANCE PROCEDURE Any student who believes he/she has grounds for a grievance shall make
an attempt in good faith to resolve the problems with the faculty, staff
or administrator who is the source of the complaint. Student must be
enrolled currently or during the semester (or summer/intersession) prior
to time of filing. If the resolution is not obtained, the student should
follow either the Faculty or the Staff/Administrator flow chart as
appropriate.
Focus of Complaint FACULTY STAFF/ADMINISTRATOR
Attempt to resolve
with faculty member
Attempt to resolve with staff person or
administrator If not resolved here,
If not resolved here,
Chair of Department Employee's
Supervisor Dean of College Head of
Administrative Unit If not resolved, student
initiates formal grievance process by filing completed Student Grievance
Form with Director of Equity & Internal Affairs
FORMAL PROCEDURES Within 10 working
days of finding grievability,
the Office of the Assistant Vice President for Human Resources
Management
selects Student Grievance Committee.
Student Grievance Committee selects own
Chair and notifies the Office of the Assistant Vice President for
Human Resources Management of selected chair
The Office of the Assistant Vice President for Human Resources Management
notifies grievant and party against whom grievance filed of members of
Student Grievance Committee and Chair of committee.
Each has 3 working days to object.
Student Grievance Committee hears the
grievance
Within 10 working days of conclusion of
hearing, report forwarded by Student Grievance Committee to President, or
his/her designee
President, or
his/her designee, accepts, rejects or modifies recommendations from Student
Grievance Committee normally within 5 working days of receipt of Student
Grievance Committee Report
STUDENT
GRIEVANCE FORM Information and assistance in completing
this form may be obtained from the
PART I: TO BE COMPLETED BY STUDENT
Student Name (Please print) Student Signature Major Grade Level Local Address SS# Telephone ( ) Message Phone ( ) Email address:
GRIEVANCE AGAINST:
Name(s) Department or Administrative Unit: Date(s) of incident(s) upon which grievance is based:
Specific Allegation(s): (Describe each allegation in detail. Include names, departments, dates, times, records, etc. Use additional sheets if necessary.)
1.
2.
3.
Remedy sought
INFORMAL PROCEDURES:
Informal efforts have been made to resolve the issue(s) being grieved in consultation with the following people:
Faculty/Staff member name: Signature: Date:
Department Chair/Manager name: Signature: Date:
College Dean/Administrative Head: Signature: Date:
PART II: TO BE COMPLETED BY THE OFFICE OF THE ASSISTANT VICE PRESIDENT FOR HUMAN RESOURCES MANAGEMENT Date received original of Student Grievance Form: DETERMINATION OF GRIEVABILITY □ Grievability Date of determination: Date parties notified of grievability determination: □ Lacks grievability because
Date parties notified of lack of grievability:
Names of Selected Student Grievance Committee , Faculty Member , Student Services Professional , Student Chair of Student Grievance Committee: Date parties notified of Student Grievance Committee members: Date copy of Student Grievance Form provided to: Members of Student Grievance Committee: Grievant: Party against whom grievance is filed: Date original of Student Grievance Form provided to Chair of Student Grievance Committee:
Signature of the Office of the Assistant Vice President for Human Resources Management: PART III: TO BE COMPLETED BY GRIEVANCE COMMITTEE CHAIR Date received original of Student Grievance Form: Date hearing held: Date report sent to: President: The Office of the Assistant Vice President for Human Resources Management: Parties to grievance: Date original of Student Grievance Form and all records returned to the Office of the Assistant Vice President for Human Resources Management: Signature of Student Grievance Committee Chair:
STUDENT GRIEVANCE COMMITTEE REPORT Date of Hearing: Nature of the allegations:
Relevant facts on the case:
Findings:
Recommendation(s):
Names of the Committee Members:
1. Signature: Date: 2. Signature: Date: 3. Signature: Date:
Date Report sent to: President: The Office of the Assistant Vice President for Human Resources Management:Parties to grievance: |
||||||||||||||||||||||||||
California State University, Dominguez Hills • 1000 E. Victoria Street • Carson, California 90747 • (310) 243-3696
Copyright © 2003 CSUDH. All rights reserved. If any of the material is in violation of a copyright, please contact copyright@csudh.edu. The statements found on the Student Rights and Responsibilities web pages are for informational purposes only. While every effort is made to ensure that this information is up to date and accurate, official information can be found in the University Catalog and Class Schedule. Last updated Monday, February 12, 2007 at 11:34 AM , by fo
|
||||||||||||||||||||||||||