II-N-3 Student Grievance Code
Adopted by the Senate February 24, 1970, with amendments
1.1 The purposes of the Student Grievance Committee shall be to hear and to seek redress of student grievances concerning individual members of the faculty, administration or staff, and, when, appropriate, to make recommendations concerning disciplinary actions.
1.2 A grievance is a complaint arising out of any alleged unauthorized or unjustified act or decision by a member of the faculty, member of the administration, or member of the staff, which in any way adversely affects the status, rights, or privileges of a member of the student body. The burden of proof shall rest with the complainant. [up to top]
2.1 The voting members of the Student Grievance Committee shall be:
Five students and three alternates to be named under procedures established by the Associated Students Council. Undergraduate students serving on this committee must be regular students in good standing. Graduate students must have been admitted to an authorized advanced degree or credential program;
Three full-time faculty members and two alternates to be named according to procedures approved by Senate;
Two full-time members of the administration and two alternates to named by the President; one full-time staff representative, and one alternate to be named by the Senate.
2.2 Seven voting members shall constitute a quorum. Decisions shall be reached by a majority of those present and voting, except where otherwise indicated (see Section 4.3 of Code).
2.3 Each student member (voting and alternate) shall be appointed for a term of two years. Non student members (voting and alternate) shall be appointed for a term of three years. No member (voting or alternate) shall serve more than two terms consecutively.
2.4 The Chair shall be appointed for a term of two years, by and serving at the pleasure of the President of the University and shall be nonvoting. The Vice- Chair shall be selected by the Associated Students Council. No person shall serve as Chair more than two terms consecutively.
2.41 The chair shall be the administrative officer of the Committee. The duties of the office shall include arranging for appropriate times and places for Committee meetings and hearings; informing Committee members of the times and places of committee meetings and hearings; informing in writing all interested parties of the times and places of Committee meetings or hearings which they are requested to attend, and supplying them with a statement of alleged grievances; informing all other interested parties that a grievance is pending and of the final disposition of the grievance; securing and distributing to the Committee written material appropriate for its consideration; arranging for the recording of Committee proceedings; maintaining Committee records, and informing in writing the immediate supervisor or department chair of the recommendations of the Committee.
2.42 The Ombudsman shall be a nonvoting ex officio member.
2.5 Should any member of the Committee be unable, for any reason, to complete an appointed term, a replacement shall be appointed by the same appointing body which made the original appointment to fill the balance of the term. Resignations shall be submitted in writing to the Chair of the Committee. The Chair of the Committee shall inform in writing the appropriate officer or agency of the existence of a vacancy and request the prompt appointment of a replacement.
2.51 Should a Committee member be unable to hear a particular case, for any reason, an alternate shall be appointed to serve for the course of the particular grievance.
2.6 If a member of the Committee be granted an official leave for a period of time less than that remaining in that person's term, or if, because of illness or other reasons, in the opinion of the Committee a member of the Committee is unwilling or unable to participate in the work of the Committee, the Chair of the Committee shall inform the officer or agency whose appointee is unable or unwilling to serve and request the prompt appointment of a temporary replacement to serve until the original appointee resumes full service on the Committee. When the services of a temporary appointee are no longer required, the Chair of the Committee shall promptly inform the temporary appointee and the officer or agency.
2.61 Should the Committee be involved in a specific case at the time of the return of an absent member, the replacement member shall continue as a member of the committee in all sessions dealing with that specific case until it is concluded. The returning member shall resume membership on the Committee in any new cases brought before the Committee.
2.62 When a member of the Committee has more than three consecutive absences, the Committee may vote to remove that member from the Committee and request a replacement from the appropriate officer or agency.
2.7 Any member of the Committee may be re-appointed upon the expiration of that member's prescribed term if duly recommended by the designated persons, but may be appointed for a third term only after a break in service of not less than two years. If the Committee is involved in any specific case at the time of the expiration of the term of any member, that member shall continue to function as a member of the Committee in its dealings with that specific case only, until such time as the case is concluded. Any newly appointed member shall not be considered as a member of the Committee in relation to any case continuing from a time prior to that person's term. The new Committee member shall, however, serve as a member of the Committee for all other matters, beginning with the first day of the new member's designated term of service.
2.8 Any member of the Committee may at any time choose to be disqualified permanently from the Committee, in which event a replacement shall be appointed by the same body which made the original appointment to fill the balance of the term of that member.
2.81 Any member of the Committee may at any time choose to be disqualified from any consideration of any given case or cases, in which case a replacement shall be appointed by the Chair of the Committee from the list of appropriate alternates (student, staff, faculty, administrator).
2.82 If any member is a principal in a preliminary investigation or hearing by the Committee, that member shall be excluded from any consideration of that case.
2.83 Upon the conclusion of any hearing in which a Committee member was a principal, the Committee shall decide as to the ability of the member to continue to participate in the work of the committee. The decision shall be conveyed by the Chair to the appropriate officer or agency, either informing of the continuation of membership on the Committee or requesting a replacement for the committee member.
2.9 Either party to the hearing may request of the Chair that any member or members of the Committee be excluded from consideration of a case. Such a request must be for cause and be brought to the Chair's attention as the first step in the hearing. In the event a member is disqualified by the Chair from Consideration of a case, a replacement shall be appointed by the Chair of the committee from the list of appropriate alternates (student, staff, faculty, administrator).[up to top]
3.1 Steps toward redress should begin with informal discussions and should be resolved at the lowest level possible. If a satisfactory solution is not reached, the grievance should then be taken to the Student Grievance committee for hearing and appropriate action.
3.2 Informal Discussion
3.21 Informal discussion between persons directly involved in a grievance is essential in the early stages of the dispute and should be encouraged at all stages. An equitable solution to a problem should be sought before the respective persons directly involved in the case have assumed official or public positions that might tend to polarize the dispute and render a solution more difficult. But at no time shall any of the persons directly involved in the case or any other persons use the fact of such informal discussion, the fact that a grievance has been filed, or the character of the informal discussions for the purpose of strengthening the case for or against persons directly involved in the dispute or for any purpose other than the settlement of the grievance.
3.22 Thus, whenever a student feels aggrieved by a faculty member, an administrator, or a staff member, the student should consult with such persons as fellow students, noninvolved faculty members, the counseling staff, the Ombudsman, the Dean of the Division of Undergraduate Studies, or the Dean of the Graduate Division and Research to evaluate the situation and to determine which of the following steps might best apply:
3.23 The student should bring the complaint to the attention of one or more of the proper departmental or college committees where such grievance provision exists or where appropriate, to the department chair, dean administrator, or staff supervisor.
3.24 The student should bring a complaint against an administrator or staff member to that person's supervisor.
3.3 Procedures for Hearings by the Committee
3.31 No student grievance can be filed with this Committee later than the last day of the semester (excluding summer session) after the semester during which the student was allegedly aggrieved.
3.32 Where informal recourse fails, the student may file an appeal in writing to this Committee, accompanied by available documentary evidence. A copy of the student's specific complaint shall be given in writing to the person against whom the complaint is brought at the same time the complaint is brought to the Committee.
3.33 The Committee shall establish and publish its own procedures, in accordance with provisions for academic due process and in accordance with the stipulations stated below.
3.331 The only persons present at meetings of this Committee shall be Committee members, parties to the action being considered by the Committee and their representatives, and witnesses actually testifying before the Committee.
3.34 The Committee, prior to sitting as a whole to arrive at judgment, shall arrange for a swift and comprehensive investigation of the matter under consideration. It shall then decide, on the basis of written statements presented by the complainant and preliminary discussions with the aggrieved, whether or not there are sufficient grounds to hear a case, and whether or not it will accept written statements in lieu of personal appearances by witnesses. The Committee shall review and consider documentary records, if any, of department or college grievance organizations relating to the current case. If the Committee decides that there are not sufficient grounds to hear a case and closes the case, it shall notify the complainant and respondent in writing as to the reasons for its actions.
3.35 If the Committee determines that the case merits further consideration, the parties involved shall be informed in writing, consulted as to the possibility of correcting the situation, and if a hearing is still required, be advised in writing of the scheduled time, place, and alleged grievance.
3.36 At the hearing the complainant, persons directly involved, and witnesses may testify and be questioned by the opposite party and Committee members. Written evidence presented by either party may be subject to refutation and consideration by the opposite party and Committee members. Only evidence presented in the hearings may be considered in the final judgment.
3.37 A record of the hearing shall be presented for reference and review. A tape recording of the hearings shall be made and it shall be retained for at least five years.
3.38 Proceedings shall be conducted in accordance with the AAUP's Joint Statement on Rights and Freedoms of Students proposed in 1967.[up to top]
4.1 Committee members shall arrive at a judgment in consultation among themselves. Only those entitled to vote on the case and their alternate, the Committee Chair, and the Committee secretary may be present during consultation and voting. Only members of the Committee who have heard all testimony during the hearing relating to the alleged grievance may vote on the case.
4.2 If informal attempts at redress fail, a recommendation of the Student Grievance Committee relating to redress alone is final. When redress requires that a grade be changed, the Committee may, by vote of a majority of the members of the Committee who have heard the grievance, request the faculty member concerned to change the grade, and by vote of two-thirds of the members of the Committee who have heard the grievance may recommend that the Vice President for Academic Affairs direct the Director of Admissions and Records to change the grade. When the decision whether or not to change a grade is dependent upon the quality of work in a particular course, persons competent in the subject matter of that course shall be consulted before a decision is reached.
4.3 The Committee shall transmit its recommendation in each case to any person or agency which in the opinion of the Committee is appropriate to take action to effectuate the decision regarding a grievance. A copy of all recommendations will go to the President and to other interested parties. If the person or agency involved decides not to carry out the recommendation of the Committee, that decision shall be submitted promptly to the Committee. If, within a reasonable time, remedial action has not been taken, the Student Grievance committee may request the President, the Vice President for Business and Financial Affairs, or the Senate Executive Committee to expedite resolution of the situation.
4.4 When, in the opinion of the Committee, disciplinary action may be appropriate, the Committee may make recommendations for further action to the President if the person charged is an administrative officer or a member of the staff, or the Committee may refer the matter directly to the Administrative Officer for Disciplinary Action if the person charged is a member of the faculty.
4.5 The decisions reached by this Committee shall take precedence over decisions reached by student grievance committees within individual departments or colleges.
4.6 If redress requires a policy change or if a policy change appears advisable or necessary, the Committee shall refer its recommendations to the Senate Executive Committee or to the President, as appropriate.
4.7 Should any person, whether or not directly involved in a complaint, allegedly suffer some disadvantage, discrimination, or reprisal as the direct or indirect result of any complaint, testimony, or statement in connection with Committee action, the Student Grievance Committee shall, upon request or upon its own motion, exercise original jurisdiction and take all necessary steps to verify the facts and remedy injustice.[up to top]
5.1 The Committee may make recommendations as it deems appropriate for revisions in this Code. Revisions in the Student Grievance Code shall be submitted for ratification by the Senate, the Associated Students Council, and the President.
5.2 This Code shall be reviewed by all parties concerned and shall be reconfirmed, amended, or terminated in the spring of every even-numbered year. [up to top]