DIXIE STATE COLLEGE OF UTAH POLICIES AND PROCEDURES MANUAL | Section: 5-Student Services |
Policy No: 35 | |
Approved: 4/26/96 Revised: 2/01/02 Revised: 5/02/03 | |
Policy: STUDENT APPEAL AND GRIEVANCE PROCEDURE | |
5-35 STUDENT APPEAL AND GRIEVANCE PROCEDURE
35.1 Definitions
35.1.1 Appeal: An appeal is a request by a party for reconsideration of a College decision or action that the party believes was erroneous.
35.1.2 Grievance: A grievance is a claim or charge of injustice, oppression, or discrimination based upon an event or condition which affects the welfare or conditions of an individual at Dixie State College.
35.2 Appeal and Grievance Procedures
35.2.1 Whenever possible, problems should be resolved at the lowest possible level and involve individuals closely aware of and involved in the issue(s) before seeking appeals or grievance procedures.
35.2.1.1 Students are encouraged to discuss problems first with the faculty or staff with whom they take issue.
35.2.2 Procedures and hearings of all Dixie State College bodies which deal with student discipline, appeals or grievances will generally follow guidelines specified in policy. Guidelines are, however, not unwaivering rules of procedure.
35.2.3 Students have the right to file an appeal or grievance and request a review.
35.2.3.1 An appeal must be in writing and presented to the appropriate hearing committee chair or vice president within 15 working days from the date a copy of the decision is mailed or delivered to the student. The vice president will determine the appropriate hearing committee.
35.2.3.1.1 Appeals regarding academic processing such as grading, testing or assignments should be taken in writing to the appropriate division dean. If satisfaction is not achieved, the same written appeal may be taken to the academic vice president for student affairs committee review.
35.2.3.2 A grievance must be in writing and presented to the appropriate hearing committee chair, dean or vice president who will determine the appropriate hearing committee.
35.2.3.2.1 A student may request that the hearing committee decision be reviewed by the appropriate vice president or the president.
35.2.4 Financial and business obligations such as payment of tuition, parking fees, residence hall and food service charges, financial aid, etc., are considered business transactions and are covered by legal agreements in addition to the student code of conduct.
35.2.5 Due to the sensitive nature of sexual harassment and assault cases, they follow a policy specifically designed to best deal with and resolve these situations. See Sexual Harassment/Discrimination policy 5-34.
35.2.6 Standing hearing committees are to function as needed in their designated areas.
35.2.7 Hearing committees for academic and/or behavioral issues are appointed by the appropriate vice-president and/or the president.
35.2.7.1 The appropriate administrator may excuse any member of a committee if it is determined that a conflict of interest may exist. The replacement is to be selected from the group the excused member represents.
35.2.8 The standing hearing and appeals committees are as follows:
35.2.8.1 Student Affairs Committee: Conducts hearings related to academic or misconduct issues which cannot be resolved or are not resolved at a lower level, as well as student grievances against faculty, staff, or administration (see Student Rights and Responsibilities Code Policy 5-33). The committee is comprised of a chairperson and four faculty designated by the President's council, and four students, designated by the Student Body President. The College legal representative and the Director of Security may be present but are non-voting participants. In academic issues, the Vice President of Academic Affairs or a designee chairs the committee. In general misconduct issues, the Vice President of Student Services or a designee chairs the committee.
35.2.8.2 Scholastic Standards Committee: Conducts hearings or appeals regarding students' scholastic status as determined by their Grade Point Average (see Scholastic Standards Policy 5-19). The committee is comprised of a chair, faculty, and staff designated by the President and students designated by the Student Body President.
35.2.8.3 Academic Appeals Committee: Conducts hearings and receives appeals from students for exceptions to policies related to admissions, registration, and academic credit or procedures. The committee is comprised of representatives from faculty, students, financial aid, the finance department, registration and admissions, and advisement.
35.2.9 Administrative Issues: Decisions on all issues of an administrative nature such as admission to the College, residency, tuition, payment requirements, course waivers, credit adjustments, graduation, program eligibility, participation in specific activities, financial aid, parking and traffic, residence halls, and discrimination will be made by administrative officers and/or committees appointed by the appropriate vice president, and appeals from those bodies will be considered only on due process grounds.
35.2.9.1 Inner Housing Committee: Conducts hearings related to minor housing infractions. The committee is comprised of Director of Housing and four or five student residence assistants. More serious infractions or misconduct are referred to the vice president of student services and/or the Student Affairs Committee.
35.2.9.2 Financial Aid Appeals Committee: Conducts hearings of appeals of the Financial Aid Office decisions and requests for exceptions to financial aid policy. The committee is comprised of representatives from faculty, staff, and students. A non-voting financial aid secretary is provided.
35.2.9.3 Student Parking Appeals Committee: Conducts hearings related to complaints about parking violations. The committee is comprised of representatives from faculty, staff, and students.
35.2.9.4 Residency Appeals Committee: Conducts hearings of appeals related to residency issues. The committee is comprised of representatives from faculty, staff, and students.
35.3 Hearing process
35.3.1 The goal of the hearing process is to provide for the prompt and fair resolution of all policy violations, appeals, and grievances as they occur.
35.3.2 Informal resolution of any violation or dispute should be attempted. If satisfactory resolution is not achieved through informal means, any party involved in the dispute may request access to the hearing process from the committee chair or appropriate vice president.
35.3.3 The function of the hearing is to allow the hearing committee to make an informed judgment according to the evidence and College policy (see Student Rights and Responsibilities Code Policy 5-33). The hearing committee serves as both judge and jury. As jurors, they determine the nature, quality and weight of the evidence presented to them and respond as they see fit. As judges, they determine whether the evidence is relevant, decide which institutional rules and regulations apply, how they should be interpreted and used in the specific case before them, and recommend appropriate sanctions or other dispositions of the case.
35.3.4 A hearing committee is not bound by strict rules of legal evidence or procedure and may consider any evidence it deems relevant. The committee will make its judgment based on at least a preponderance of evidence.
35.3.5 Dixie State College's legal counsel may serve as a resource to the committee and may be present at any hearing to provide guidance on substantive law and procedural matters.
35.3.6 A formal written resolution is generally sought in the case where a student is requesting an exception to policy.
35.3.7 A hearing committee should provide due process provisions and set standard procedures in its hearings. Following are guidelines for hearing procedures:
35.3.7.1 Charges or appeals must be submitted in writing and signed by the complainant. The submissions should include a concise statement of a charge of appeal, summarizing facts, conduct, or circumstances alleged to constitute failure to comply with College policy.
35.3.7.2 Whenever possible, hearings are to be set at times suitable to the complainant, respondent, and committee. Time guidelines for hearing procedures are to be met when appropriate and possible, however, reasonable extensions can be set or accepted at the discretion of the hearing committee chair.
35.3.7.3 Within 15 working days of receiving a charge or appeal, the chair of the hearing committee should respond to the complainant and/or notify the respondent of the charges. No adverse action or sanction may be taken against the respondent until notification of the charges has been given .
35.3.7.4 Hearings should be held within 15 working days of a committee chair receiving an appeal or notification of a charge being given to a respondent.
35.3.7.5 The hearing committee may, at its discretion, decide not to hold a hearing on the charge, if it is determined to be frivolous, without merit, based on purely personal grounds, not timely, or on issues that are beyond its jurisdiction established by College policy, or if it is determined to be an abuse of the intent of due process.
35.3.7.6 The decision to dismiss the charges shall be submitted in writing to both the complainant and the respondent and the next level of authority in the process. An appeal of the dismissal to the next level of authority must be made by the complainant within 10 working days of receipt of notification.
35.3.7.7 Hearings shall be closed to the public unless requested otherwise and approved by the hearing committee chair 10 days in advance of the hearing.
35.3.7.8 A hearing committee must have a quorum present to hold a hearing. A quorum consists of at least half the number of the committee, including at least one student.
35.3.7.9 A respondent shall have the opportunity to meet with a hearing committee, if the respondent so wishes; however, first determinations in standard situations may be made by a committee or a designee from written documentation.
35.3.7.10 If the responding student fails to attend a hearing without good cause, the committee may proceed with the hearing, take testimony, and evidence and reach a decision.
35.3.7.11 The respondent may request that s/he be accompanied to the hearings by one or two persons. However, the respondent must speak for himself or herself and only by previous permission of the hearing chair, may another person speak on the respondent's behalf. Additional witnesses on behalf of the respondent may attend, as approved by the hearing committee chair.
35.3.7.12 If an attorney is to be present on behalf of the respondent, notification to the hearing committee chair must be given 5 working days before the hearing so that the college attorney might also be present. An attorney is not authorized to speak on behalf of the respondent during the hearings.
35.3.7.13 The hearings, except for committee deliberations and voting, shall be recorded and a copy made available to the respondent, committee members, the appropriate vice president, president and parties involved in an appeal.
35.3.7.13.1 A copy will be kept for three years by the appropriate office.
35.3.7.14 After hearing determinations are made, they will be sent in writing, within 10 working days of the hearing to the respondent's last known address or recorded permanent home address.
35.3.7.15 Failure to follow the above guidelines, without a showing of prejudice, shall not be construed as sufficient grounds for a charge of procedural error.
35.3.7.16 Individual committees may have their own standards of procedure and policy. These committees may have pre-approved variations to the above guidelines. Variation determinations are made by the appropriate vice president.
35.3.7.17 In the case of appeal hearings, penalties may not be assigned that are more severe than those assigned by the lower body unless additional evidence has been presented justifying such an action.
35.3.7.18 A respondent has the opportunity to appeal within 10 working days to the next level of authority according to the procedures of the hearing committee. Notification of the right to appeal should accompany the written determination.
35.3.7.19 The College President has the authority to accept, reject or modify the decision of a hearing committee and to set the time the penalty (if any) becomes effective. The President's decision will be final.