Student Complaints
GUIDING PRINCIPLES
The College District encourages students to discuss their concerns with the appropriate instructor or other campus administrator who has the authority to address the concerns.
INFORMAL PROCESS
Concerns should be expressed as soon as possible to allow early resolution at the lowest possible administrative level.
FORMAL PROCESS
If an informal conference regarding a complaint fails to reach the outcome requested by the student, the student may initiate the formal process described below by timely filing a written complaint form.
Even after initiating the formal complaint process, students are encouraged to seek informal resolution of their concerns. A student whose concerns are resolved may withdraw a formal complaint at any time.
The process described in this policy shall not be construed to create new or additional rights beyond those granted by law or Board policy, nor to require a full evidentiary hearing or “mini-trial” at any level.
FREEDOM FROM RETALIATION
Neither the Board nor any College District employee shall unlawfully retaliate against any student for bringing a concern or complaint.
NOTICE TO STUDENTS
The College District shall inform students of this policy.
COMPLAINTS
In this policy, the terms “complaint” and “grievance” shall have the same meaning. This policy shall apply to all student complaints, except as provided below.
EXCEPTIONS
This policy shall not apply to:
- Complaints alleging discrimination or harassment based on race, color, gender, national origin, disability, or religion. [See Board Policy FFDA and FFDB]
- Complaints concerning retaliation relating to discrimination and harassment. [See Board Policy FFDA and FFDB]
- Complaints concerning disciplinary decisions. [See Board Policy FMA]
- Complaints concerning a commissioned peace officer who is an employee of the College District. [See Board Policy CHA]
GENERAL PROVISIONS:
FILING
Complaint forms and appeal notices may be filed by hand-delivery, electronic communication, including e-mail and fax, or U.S. Mail. Hand-delivered filings shall be timely filed if received by the appropriate administrator or designee by the close of business on the deadline. Filings submitted by electronic communication shall be timely filed if they are received by the close of business on the deadline, as indicated by the date/time shown on the electronic communication. Mail filings shall be timely filed if they are post-marked by U.S. Mail on or before the deadline and received by the appropriate administrator or designated representative no more than three days after the deadline.
RESPONSE
At Levels One, Two, and Three, “response” shall mean a written communication to the student from the appropriate administrator. Responses may be hand-delivered or sent by U.S. Mail to the student’s mailing address of record. Mailed responses shall be timely if they are postmarked by U.S. Mail on or before the deadline.
DAYS
“Days” shall mean College District business days. In calculating time lines under this policy, the day a document is filed is “day zero.” The following day is “day one.”
REPRESENTATIVE
“Representative” shall mean any person who or organization that is designated by the student to represent the student in the complaint process.
The student may designate a representative through written notice to the College District at any level of this process. If the student designates a representative with fewer than three days’ notice to the College District before a scheduled conference or hearing, the College District may reschedule the conference or hearing to a later date, if desired, in order to include the College District’s counsel. The College District may be represented by counsel at any level of the process.
CONSOLIDATING COMPLAINTS
Complaints arising out of an event, or a series of related events shall be addressed in one complaint. A student shall not bring separate or serial complaints arising from any event or series of events that have been or could have been addressed in a previous complaint.
UNTIMELY FILINGS
All time limits shall be strictly followed unless modified by mutual written consent.
If a complaint form or appeal notice is not timely filed, the complaint may be dismissed, on written notice to the student, at any point during the complaint process. The student may appeal the dismissal by seeking review in writing within ten days from the date of the written dismissal notice, starting at the level at which the complaint was dismissed. Such appeal shall be limited to the issue of timeliness.
COSTS INCURRED
Each party shall pay its own costs incurred in the course of the complaint.
COMPLAINT FORM
Complaints under this policy shall be submitted in writing on a form provided by the College District.
Copies of any documents that support the complaint should be attached to the complaint form. If the student does not have copies of these documents, copies may be presented at the Level One
conference. After the Level One conference, no new documents may be submitted by the student unless the student did not know the documents existed before the Level One conference.
A complaint form that is incomplete in any material aspect may be dismissed but may be refiled with all the required information if the refiling is within the designated time for filing a complaint.
LEVEL ONE
Complaint forms must be filed:
- Within 15 days of the date the student first knew, or with reasonable diligence should have known, of the decision or action giving rise to the complaint or grievance; and
- With the lowest level administrator who has the authority to remedy the alleged problem.
In most circumstances, students shall file Level One complaints with the Department Chairman or Student Services Counselor. The complaint, however, may begin at the first level at which the
administrator has the authority to remedy the complaint.
If the complaint is not filed with the appropriate administrator, the receiving administrator must note the date and time the complaint form was received and immediately forward the complaint form to the College District’s The Office of Civility so that it may forward the form to the appropriate administrator.
The appropriate administrator shall investigate as necessary and hold a conference with the student within ten days after receipt of the written complaint. The administrator may set reasonable time limits for the conference.
The administrator shall provide the student a written response within ten days following the conference. The written response shall set forth the basis of the decision. In reaching a decision, the
administrator may consider information provided at the Level One conference and any relevant documents or information the administrator believes will help resolve the complaint.
LEVEL TWO
If the student did not receive the relief requested at Level One or if the time for a response has expired, the student may request a conference with the appropriate Vice President to appeal the Level One decision.
The appeal notice must be filed in writing, on a form provided by the College District, within ten days of the date of the written Level One response or, if no response was received, within ten days of the Level One response deadline.
After receiving notice of the appeal, the Level One administrator shall prepare and forward a record of the Level One complaint to the Level Two administrator. The student may request a copy of the Level One record which shall include:
- The original complaint form and any attachments;
- All other documents submitted by the student at Level One; and
- The written response issued at Level One and any attachments.
LEVEL THREE
If the student did not receive the relief requested at Level Two, the student may request a conference with the College President within five days after the written response by the appropriate Vice President. The College President shall review the grievance for matters of policy and procedure only.
For more information regarding complaints, please contact The Office of Civility at conflictresolution@tsc.edu, or by phone at 956-295-3605