|STUDENT DISCRIMINATION COMPLAINTS
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BASED ON POLICY NUMBER AND TITLE
|SBTCE POLICY 3-2-106 STUDENT CODE & GRIEVANCE PROCEDURE|
PURPOSE: To provide a system to channel student complaints against faculty and staff concerning discrimination on the basis of age, gender, sexual orientation, race, disability or other conditions, preferences, or behavior, excluding sexual harassment complaints. The College has a specific sexual harassment policy and procedure (see TTC Policy 8-2-0 and Procedure 8-2-1).
- First Step The student must go to the instructor with whom the alleged problem originated within 10 days of the incident which generated the complaint. An attempt will be made to resolve the matter equitably and informally at this level. The conference must take place within 10 working days of the faculty or staff's notice of the complaint.
- Second Step If the complaint is not resolved at the informal conference, the student may file a written complaint. A complaint form shall be made available to the student from the Vice President for Student Services. The Vice President will explain the complaint process to the student.
The Vice President shall give written acknowledgement of receipt of the complaint form. This acknowledgement shall be given immediately or no later than two working days after receipt of the complaint form from the student. The Vice President will then refer the complaint to the immediate supervisor involved. The supervisor shall respond in writing to the student within 10 working days of receipt of the complaint form from the Vice President.
- Third Step If the written statement of the supervisor does not resolve the complaint, a request to appear before the Student Complaint Committee may be made. This request must be submitted in writing and addressed to the Vice President, who will immediately convene the Complaint Committee as quickly as practical. The student must submit the request within five working days after receiving the written response of the supervisor.
The request shall include a copy of the original complaint form and the reason why the supervisor's response is unsatisfactory. A copy of the supervisor's response must be attached to the request by the student. The Vice President will notify the President immediately who shall ensure that a committee is organized in a manner consistent with Section II.A. of this procedure (the Student Complaint Committee). The Vice President will send copies of the student's request to the members of the Committee, the employee and the employee's supervisor. The employee against whom the complaint was filed shall be given an opportunity to respond in writing to the chairperson of the Committee.
The meeting(s) shall be conducted between five and 15 working days following the date of the request. A postponement may be granted by the chairperson upon written request of either party if the reason stated justifies such action.
The Committee shall hold interviews with the grievance, the employee, and the supervisor, singularly, and in the absence of other witnesses. The Committee may interview any additional witnesses that it considers necessary to render a fair decision.
The Committee shall decide by a majority vote the solution to the grievance. In the case of a tie, the chairperson shall vote and thus break the tie. The chairperson shall forward a copy of the Committee's decision to all parties involved and to the Office of the President for the College, within two working days of the Committee's decision.
- Fourth Step The Committee's decision may be appealed by either party involved to the President of the College within 10 working days of the Committee's decision.
The President shall review the Committee's finding and decisions, conduct whatever additional inquires are deemed necessary and render a decision within 10 working days of receipt of the grievance's appeal. The decision of the President is final.
- THE STUDENT COMPLAINT COMMITTEE
- The Student Complaint Committee shall be composed of the following:
- Three student volunteers from the Student Cabinet.
- Two faculty members recommended by the Vice President for Academic Affairs.
- One Student Services staff member recommended by the Vice President for Student Services.
- One administrator, appointed by the President of the College, who shall serve as chairperson of the Committee. All recommended members must be approved by the President.
- Purpose and Function of the Complaint Committee
- All Student Complaint Committees are ad hoc and shall be formed to hear specific complaints. A new committee may be formed every time a complaint under this procedure is filed.
- When a committee is formed, it may adopt additional rules and guidelines not in contradiction with this procedure.
- Rights of the Parties Involved in a Complaint
- When a committee meeting is scheduled, the parties involved are entitled to
- A written notice of the complaint.
- A written notice of the time and place of the meeting. This notice shall be forwarded to all parties at least five working days prior to the meeting unless they waive this requirement.
- Review of all available evidence, documents or exhibits that each party may present at the meetings.
- Have access to the names of the witnesses who may testify.
- Appear in person and present information on his or her behalf, call witnesses, and ask questions of any person present at the meeting.
- The right to counsel. The role of the person acting as counsel is solely to advise the student. Legal counsel will not be allowed to question or cross examine witnesses or to address the committee for any purpose.
Reviewed June 4, 2009