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NORTHERN
VIRGINIA COMMUNITY COLLEGE |
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STUDENT COMPLAINT AND GRIEVANCE POLICY It is the goal of Northern Virginia Community College to provide an environment for the growth and development of all students where disagreements can be discussed and resolved in a manner befitting an educational institution. Therefore, this policy is presented in two parts. Part I deals with resolving disagreements and complaints. Part II deals with filing a grievance, which can only be done after a student has completed the process for resolving disagreements and complaints. If your complaint or grievance concerns sexual harassment, you should follow the sexual harassment procedures outlined in the Sexual Harassment Section of this handbook. SECTION I. PROCEDURES FOR RESOLVING COMPLAINTS A. Step One. If you wish to file a complaint about the actions of a person, a policy, or a procedure of the College, you must discuss your concern with the person with whom you have a complaint. If your complaint involves harassment by another individual, you should file your complaint directly with the dean of Student Development at your home campus. Since disagreements should be raised and settled promptly, a complaint shall be filed with the person with whom you have a complaint within twenty calendar days either of the event giving rise to the complaint or within twenty calendar days of the time when you reasonably should have gained knowledge of its occurrence. The time limit for making a complaint about a grade is discussed below. Grades issued by faculty members can be appealed only if the grade is alleged to be arbitrary and capricious. Arbitrary and capricious grading is defined as
The appeal of a grade must be made to the faculty member who issued the grade no later than the last day of the full semester that follows the semester in which the grade was given. If the faculty member who issued the grade is no longer at the College, the appeal must be made to the division chair. If the faculty member with whom you have the complaint has not responded to your multiple attempts to contact him/her over a period of time, the appeal may be made to the division chair of the faculty member. B. Step Two If, after discussing your complaint with the person with whom you have a complaint, you are not satisfied with the disposition of the complaint, you may appeal to the person's supervisor. You must do this within ten calendar days after talking with the person with whom you have a complaint. The following individuals will hear your complaint:
It is the responsibility of the appropriate administrator to hear your complaint within ten calendar days of your appeal. The administrator must notify you, in writing, of the disposition of your appeal within ten calendar days of hearing your appeal. SECTION II. PROCEDURES FOR FILING A GRIEVANCE In rare instances, a situation may arise in which you are not satisfied with the response that you have received to your complaint. In such an instance, after you have completed the complaint procedure, you have the right to file a grievance. The following are the procedures for filing a grievance: A. Obtain a copy of the "Student Grievance" form in the office of the dean of Student Development. Complete this form, clearly describing the nature of the grievance. Submit this form to the dean of Student Development. If the grievance is about an ELI course, the form must be submitted to the director of the Extended Learning Institute. B. Grievable Action--a complaint of unfair treatment may be determined to be grievable, if you are able to demonstrate reasonable evidence that a College policy or procedure was applied to you unfairly, that is in a different manner than it was applied to others, and that you have experienced some damages or injury as a result. This determination of grievability will be made in the order of, the dean of Student Development or director of the Extended Learning Institute, or, if you are not satisfied, by the provost or the associate dean for Information Technology, or, if you are still not satisfied, by the president. C. If it is determined that you have a grievable complaint, your grievance will be heard by a Grievance Panel. The provost (for campus issues) or the associate dean for Information Technology (for ELI issues) will, within ten calendar days of the determination of grievability, appoint a Grievance Panel with the following membership: For Campuses:
For ELI:
D. If you appeal the decision of the Grievance Panel to the provost or to the associate dean for Information Technology for ELI matters, a decision will be made within ten calendar days of the postmark of the appeal. The decision of the provost or the associate dean for Information Technology may be appealed, in writing, by you to the president within ten calendar days of the postmark of the decision. E. If you appeal the decision of the provost or the associate dean for Information Technology to the president, the president's decision will be made within ten calendar days of the postmark of the appeal and this decision will be final. SECTION III. GENERAL PROVISIONS A. In no case may an individual involved in an earlier level of the grievance serve on the Grievance Panel. B. When filing a grievance, you may have an advisor present at the hearing; however, you must so inform the chair of the Grievance Panel five (5) calendar days prior to the hearing. You may receive advice, but this person may not speak for you. In like manner, the person with whom you have a grievance may have an advisor present at the hearing. C. If the person with whom you have a grievance chooses not to attend the hearing, the person's written statements shall be reviewed in her/his absence. D. All parties shall have the opportunity to present to the panel any written and/or oral information relevant to the grievance. The panel may also request information from other sources. Signed written statements may, when necessary, be submitted by individuals and witnesses who are unable to attend. E. The Grievance Panel will have the responsibility of interpreting the grievance in light of College policies and procedures. The panel will determine whether or not there is sufficient evidence to support the grievance. The Grievance Panel cannot formulate or change College policies or procedures nor commit state resources. F. The Grievance Panel shall make its decision by simple majority vote. All members must be present. The chair of the panel is a voting member. All decisions of the panel must be supported by the weight of the evidence, taking into account the credibility of the witnesses. The panel's decision will be communicated in the form of a recommendation to the provost or to the associate dean for Information Technology. G. Copies of the Grievance Panel's decision, if approved by the provost or the associate dean for Information Technology, will be forwarded to the complainant and the other administrative offices that have been involved in the grievance. H. Any new information pertaining to the grievance may be presented by you through the grievance process, but where an official of the College was the subject of the grievance, the person shall have the right to receive copies of all information that you present. I. The provost, or associate dean for Information Technology, shall have the authority to accept and implement or modify the decision of the panel. If a grievance alleges arbitrary and capricious grading and the panel finds in favor of the grievant, the provost, or associate dean for Information Technology, may exercise her/his authority to alter the grade. J. An audio recording will be made by the College of the Grievance Panel's meeting. You shall be entitled to a copy of the tape of the meeting at your expense. K. All hearings are closed to the public. L. Calendar day periods for responses will not include official College holidays or when the College is closed for inclement weather or other emergencies. M. During the procedure, if there are additional grievances directly related to the original grievance, they will be noted but usually will not be acted upon until the original disagreement has been resolved. N. Revision of deadlines should be mutually agreed upon by the appropriate parties; however, the provost or the associate dean for Information Technology reserves the right to extend deadlines because of mitigating circumstances. Agreements must be made in writing. If the person being grieved against does not respond within the deadline, the provost or dean for Information Technology will ensure that a response is issued. If the grievant does not respond within the deadline, the grievance is ended. In the case of injury, illness or other mitigating circumstance on either part, a deadline revision will be considered appropriate.
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