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2020-2021 General Catalog and Student Handbook > Student Handbook > Students’ Rights, Responsibilities and Judicial Procedures > VIII. Student Grievance Procedure

VIII. Student Grievance Procedure

1. Purpose - The purpose of the Student Grievance Procedure is to assure students that grievances will be considered fairly, rapidly, and in a non-threatening atmosphere based on a preponderance of the evidence. It is not intended to initiate disciplinary action against a member of the faculty or staff or to alter College policy.

   Students have the right to file a grievance when they have reason to believe that a condition, situation, or action affecting them is unjust, inequitable, a hindrance to effective performance, is in violation of written campus policies or procedures, or constitutes arbitrary, capricious, or unequal application of written campus policies or procedures. This includes alleged discrimination on the basis of age, sex, race, handicap or other conditions, preferences or behaviors (excluding sexual harassment complaints, which, due to their sensitive nature, would first be directed to the grievance officer appointed by the President, and only if not resolved by meeting with the grievance officer would then follow the remainder of the Grievance Procedure). This also includes academic matters (excluding individual grades except where the above conditions apply - see Grade Appeal Process).

2. Procedures
   1. First Step - The student must go to the instructor or staff member where the alleged problem originated. An attempt will be made to resolve the matter equitably and informally at this level. The conference must take place within five (5) business days after the incident which generated the complaint.
   2. Second Step - If the grievance is not resolved at the informal conference, the student must talk with the faculty staff member’s immediate supervisor (e.g. department chair) who will attempt to resolve the issue. This discussion must take place within five (5) business days after completion of step one.
   3. Third Step - If the grievance is not resolved within the department, the student may file a written grievance. The student would obtain the Grievance Form from the Associate Vice President of Academic and Student Services (AVP) who will explain the grievance process to the student. The completed Grievance Form must be returned to the AVP within five (5) business days after completion of step two. The AVP will then refer the grievance to the appropriate administrator (e.g. dean) involved. Within ten (10) business days after receipt of the Grievance Form, the administrator shall send a certified letter to the student’s last known address on file in the Office of Admissions and Records providing the student with the administrator’s decision. Failure to accept receipt of the letter within six (6) business days of letter postmark ends the appeal procedure and the student/complainant forfeits his or her right to further appeal.
   4. Fourth Step - If the written statement of the administrator does not satisfy the grievant, the student may request to appear before the Student Grievance Committee. The student must submit a written request to the AVP and the request must be received within three (3) business days after receipt of the administrator’s response. The request shall include a copy of the original Grievance Form, a copy of the administrator’s written response, and the reason why the administrator’s response is unsatisfactory.

      The AVP shall immediately notify the Vice President of Academic and Student Services who shall insure that the Committee is organized in a manner consistent with Section C of this procedure (Student Grievance Committee). The AVP will send copies of the appeal to the members of the Committee, the employee, and the employee’s supervisor. The employee against whom the grievance was filed shall be given an opportunity to respond in writing to the Chair of the Committee.

      The Student Grievance Committee shall meet between five (5) and fifteen (15) business days after receipt of the request (excluding school breaks). A postponement may be granted by the Chair upon written request of either party, if the Chair deems appropriate.

      The Committee shall function by the guidelines outlined for the Disciplinary Review Committee.

      The Chair shall forward a copy of the Student Grievance Committee’s decision to all parties involved and to the President within two (2) business days after the Committee’s decision.

   5. Fifth Step - The Committee’s decision may be appealed by either party involved to the President within three (3) business days after receipt of the Student Grievance Committee’s decision. This written request must include the reason why the Student Grievance Committee’s decision is unsatisfactory and must be received by the President within the time frame or the appeal process ends and the party forfeits his or her right to further appeal. The President shall review the Student Grievance Committee’s findings, conduct any additional inquiries, and render a decision within ten (10) business days after receipt of the appeal. The President will notify the grievant by certified mail of the decision with a copy to the other party. Failure to accept receipt of the letter within six (6) business days of letter postmark ends the appeal procedure and the party forfeits his/her right to further appeal.  The decision of the President is final.
3. The Student Grievance Committee - The Disciplinary Review Committee may serve as the Student Grievance Committee or, at the direction of the President, a new committee may be formed for each grievance. Committee makeup and method of appointment will be the same as for the Disciplinary Review Committee.
4. Rights of Parties Involved in a Grievance - When a grievance committee meeting is scheduled, the parties involved are entitled to:
   1. A written notice of the complaint.
   2. A written notice of the time and place of the meeting. This notice shall be forwarded to all parties at least five (5) business days prior to the meeting unless they waive this requirement.
   3. Review all available evidence, documents, or exhibits that each party may present at the meeting.
   4. Have access to the names of witnesses.
   5. Appear in person and present information on his or her behalf, call witnesses, and ask questions of any person present at the meeting.
   6. The right to counsel. The role of the person acting as counsel is solely to advise the client. The counsel shall not address the committee. An individual serving in the role of counsel cannot be a witness during the proceeding.
   7. Each party will provide the AVP the name of the counsel and witnesses at least two (2) business days prior to the scheduled meeting.
   8. If the grievant fails to attend the meeting (the Committee will wait ten (10) minutes from the scheduled meeting time), the grievance procedure ends and the student forfeits his or her right to further appeal.
5. Prohibitions - Neither party, nor their representatives (counsel, family, friends, etc.), shall contact a Student Grievance Committee member, the College witnesses, the President, members of the Board of Trustees, or other community constituents prior to the student grievance proceedings. Such contact constitutes a breach in the grievance process and may adversely affect the proceeding.

NOTE:  UNC-General Administration is the clearinghouse for complaints concerning post-secondary institutions within the state of North Carolina.  Students can access the state complaint process at the following link:  https://www.northcarolina.edu/complaints