• Student Handbook
• General College Policies
• Sexual Misconduct Policy (for Students)
• Grievance and appeals procedures

Grievance and appeals procedures

Formal and Informal Grievance Procedure for Student Complaints

This procedure is intended to apply to student grievances against employees, employee civil rights grievances against students, student-on-student civil rights grievances, student grievances against visitors or guests, and guest or visitor grievances against students. All other grievances by students against students or employees against students will be addressed through the student conduct procedures located elsewhere in this Code.

In the event that a student is also an employee (as in the case of work-study, a TA, an RA, etc.), procedures applicable to employee-on-employee grievances through the Department of Human Resources may also be applicable. It is the practice of this institution to bring employee and student grievance mechanisms together for joint resolution in such cases. Sanctions may result in an individual's capacity as a student, as an employee, or both.

Informal Dispute Resolution Efforts: A Useful First Step before Filing Formal Complaints

Before pursuing the formal complaint process, every reasonable effort should be made to constructively resolve issues with faculty, staff, or administrators, including following procedures for formal appeal. Whenever possible and safe, the problem or complaint should first be discussed with the individual involved in the complaint. If satisfactory resolution is not reached after discussion with the individual, the student should contact the individual's direct supervisor to attempt to resolve the complaint. If these efforts are unsuccessful, the formal complaint process may be initiated. The College does not require a student to contact the person involved or that person's supervisor if doing so is impracticable, or if the student believes that the conduct cannot be effectively addressed through informal means.

Formal Grievance Process

The Dean of Students Office is designated to formally investigate grievances against students. Notice of a formal complaint can be made in person or orally to an appropriate official, but the College strongly encourages submission of grievances in writing, by email attachment as a MS Word, pdf or other usable format document to the Associate Dean of Students, Erica O'Neal Howard or other appropriate grievance officers, (Director of Human Resources, Richard Ledwin or Associate Dean of Faculty, Irene Girton).

The grievance should clearly and concisely describe the alleged incident(s), when and where it occurred, and the desired remedy sought. The grievance should be signed by the initiator or, in the case of an email submission, sent as an email attachment, in letter format and should contain the name and all contact information for the grievant. Any supporting documentation and evidence should be referenced within the body of the formal grievance. Additionally, the initiator of a formal grievance should submit any supporting materials in writing as quickly as is practicable.

The grievant's supporting documentation should clearly demonstrate all informal efforts, if any, to resolve the issue(s) with the person involved and the person's supervisor. This includes names, dates and times of attempted or actual contact along with a description of the discussion and the manner of communication made in the course of each effort. If contacting the person involved and/or the supervisor is impracticable, the grievant should state the reasons why.

Upon receipt of a grievance the Dean of Students Office will open a formal case file and assign a case officer who will direct the investigation and confer with the Title IX Coordinator on interim action, accommodations for the alleged complainant, or other necessary remedial short-term actions.

The case officer will then take the following steps:

In coordination with the campus Title IX Coordinator, initiate any initial necessary remedial actions;

• Determine the identity and contact information of the complainant (whether that be the initiator, the alleged complainant, or a college proxy or representative);
• Identify the correct policies allegedly violated;
• Conduct an immediate initial investigation to determine if there is reasonable cause to charge the accused individual, and what policy violations should be alleged as part of the complaint;
  • If there is insufficient evidence to support reasonable cause, the grievance should be closed with no further action;
• Meet with the complainant to finalize the complaint and
• Prepare and deliver the notice of investigation (and possibly notice of charges, if appropriate) on the basis of the initial investigation;
• Commence a thorough, reliable and impartial investigation by developing a strategic investigation plan, including a witness list, evidence list, intended timeframe, and order of interviews for all witnesses and the accused individual, who may be given notice of charges prior to or at the time of the interview;
• Complete the investigation promptly, and without unreasonable deviation from the intended timeline;
• Make a finding, based on a preponderance of the evidence (whether a policy violation is more likely than not);
• Present the findings to the accused individual, who may accept the findings, accept the findings in part and reject them in part, or may reject all findings;
• Share the findings and update the complainant on the status of the investigation and the outcome.

Where the accused individual is found not responsible for the alleged violation(s), the investigation should be closed. Where the accused individual accepts the finding that s/he violated College policy, the Dean of Students Office will impose appropriate sanctions for the violation, after consultation with the Title IX Coordinator. The College will act to end the discrimination, prevent its recurrence, and remedy its effects on the complainant and the college community.

In the event that the accused individual rejects the findings in part or entirely, the Dean of Students Office will convene a hearing under its respective procedures to determine whether the accused individual is in violation of the contested aspects of the complaint. At the hearing, the findings of the investigation will be admitted, but are not binding on the decider(s) of fact. The case officer(s) may give evidence. The hearing will determine whether it is more likely than not that the accused individual violated the policies forming the basis of the charge. The goal of the hearing is to provide an equitable resolution via an equitable process, respecting the civil and legal rights of all participants.

The Dean of Students Office has final decision-making authority with regard to formal complaints, subject to appeal. Where an accused individual is found in violation, the Dean of Students Office will impose appropriate sanctions for the violation, after consultation with the Title IX Coordinator. The College will act to end the discrimination, prevent its recurrence, and remedy its effects on the complainant and the college community. Appeal proceedings as described in this process will apply to all parties to the complaint.

Elaboration on Student Participation in the Grievance Process

The case officer from the Dean of Students Office will contact or request a meeting with the initiator of the formal grievance, and the complainant (if different people). The investigator also may contact or request a meeting with relevant college staff, students, or others as part of the investigation. The complainant may request to meet and discuss the allegations of the grievance with the case officers and may offer any documentation, witnesses, or other materials in support of the complaint. [The complainant has the option to have an advocate during a meeting with the case officer to discuss the documentation submitted by the student in support of the grievance. Such an advocate should be a member of the college community: student, faculty member, academic advisor, or staff member, or other person whom the student selects who is not a lawyer.

The complainant must advise the case officer of the identity of an advocate or witness at least two (2) business days before the date of the meeting with the case officer. During a meeting with the case officer, an attorney acting as a lawyer may not serve as the student's advocate or formally represent the student. These procedures are entirely administrative in nature and are not considered legal proceedings. No audio or video recording of any kind other than as required by institutional procedure is permitted, nor is formal legal representation allowed. At the case officer's discretion, the case officer may remove anyone disrupting the meeting from the discussion. All these same opportunities and privileges extend to all parties to the complaint.

Time Frame and Grounds for Filing an Appeal Request

In the event that an accused individual accepts the findings of the investigation, those findings cannot be appealed.  Post-hearing, any party may appeal the findings and/or sanctions only under the grounds described, below.

All sanctions imposed by the original hearing body will be in effect during the appeal. A request may be made to the Vice President for Student Affairs/Dean of Students for special consideration in exigent circumstances, but the presumptive stance of the institution is that the sanctions will stand. Graduation, study abroad, internships/externships, etc. do NOT in and of themselves constitute exigent circumstances, and students may not be able to participate in those activities during their appeal. In cases where the appeal results in reinstatement to the institution or of privileges, all reasonable attempts will be made to restore the student to their prior status, recognizing that some opportunities lost may be irretrievable in the short term.

The decision of the Conduct Council and Title IX Coordinator may be appealed by petitioning the Dean of Students within 5 business days of receiving the written outcome.  Any party opting to file an appeal must do so in writing to the Dean of Students Office.  The student appealing the decision is responsible for providing all relevant information to substantiate the basis for the appeal in the written appeal.  The Dean of Students Office will acknowledge receipt of the appeal in writing.  The appeal will be shared with the other party which will have 3 business days to respond (optional).   The Dean of Students Office will appoint a trained appellate person, someone who has not been involved in the case, to review the appeal for timeliness and standing (meets one of the criteria below).  If the appeal does not have standing, the decision of the Conduct Council will stand as final.  The ONLY grounds for appeal are as follows:

1. A procedural or substantive error occurred that significantly impacted the outcome of the hearing (e.g. substantiated bias, material deviation from established procedures, etc.)
2. To consider new evidence, unavailable during the original hearing or investigation, that could substantially impact the original finding or sanction. A summary of this new evidence and its potential impact must be included.

If the appeal has standing, it will be forwarded to an appeals committee for consideration.  If the appeals committee determines that new evidence should be considered, it will return the complaint to the original hearing body to reconsider in light of the new evidence, only. The reconsideration of the hearing body is not appealable.

If the appeals committee determines that a material procedural [or substantive] error occurred, it may return the complaint to the original hearing body with instructions to reconvene to cure the error. In rare cases, where the procedural [or substantive] error cannot be cured by the original hearing officers (as in cases of bias), the appeals officers or committee may order a new hearing on the complaint with a new body of hearing officers. The results of a reconvened hearing cannot be appealed. The results of a new hearing can be appealed, once, on the applicable grounds for appeals.

The procedures governing the hearing of appeals include the following:

• All parties should be timely informed of the status of requests for appeal, the status of the appeal consideration, and the results of the appeal decision;
• Every opportunity to return the appeal to the original hearing body for reconsideration (remand) should be pursued;
• Appeals are not intended to be full rehearings of the complaint (de novo). In most cases, appeals are confined to a review of the written documentation or record of the original hearing, and pertinent documentation regarding the grounds for appeal;
• This is not an opportunity for appeals officers to substitute their judgment for that of the original hearing body merely because they disagree with its finding and/or sanctions. Appeals decisions are to be deferential to the original hearing body, making changes to the finding only where there is clear error;
• Sanctions imposed are implemented immediately unless the Vice President for Student Adffairs/Dean of Students stays implementation in extraordinary circumstances, pending the outcome of the appeal.
• The appeals committee will render a written decision on the appeal to all parties within seven (7) business days* from hearing of the appeal. The committee's decision to deny appeal requests is final.  It is expected that the entire appeals process will take less than 30 days, barring holidays and unforseen circumstances.

Special Grievance Process Provisions

a. Attempted Violations

In most circumstances, the College will treat attempts to commit any of the violations listed in the Student Code of Conduct as if those attempts had been completed.

b. College as Complainant

As necessary, the College reserves the right to initiate a complaint, to serve as complainant, and to initiate conduct proceedings without a formal complaint by the complainant of misconduct.

c. False Reports

The College will not tolerate intentional false reporting of incidents. It is a violation of the Student Code of Conduct to make an intentionally false report of any policy violation, and it may also violate state criminal statutes and civil defamation laws.

d. Immunity for Complainants and Witnesses

The college community encourages the reporting of Conduct Code violations, especially sexual misconduct. Sometimes, complainants or witnesses are hesitant to report to college officials or participate in grievance processes because they fear that they themselves may be charged with policy violations, such as underage drinking at the time of the incident. It is in the best interest of this community that as many complainants as possible choose to report to college officials, and that witnesses come forward to share what they know. To encourage reporting, the College pursues a policy of offering complainants of sexual misconduct and witnesses limited immunity from being charged for policy violations related to the sexual misconduct incident. While violations cannot be completely overlooked, the College will provide educational rather than punitive responses, in such cases].

e. Bystander Engagement

The welfare of students in our community is of paramount importance. At times, students on and off-campus may need assistance. The College encourages students to offer help and assistance to others in need. Sometimes, students are hesitant to offer assistance to others, for fear that they may get themselves in trouble (for example, as student who has been drinking underage might hesitate to help take a sexual misconduct complainant to the Campus Police). The College pursues a policy of meidcal amnesty for students who offer help to others in need.

f. Parental Notification

The College reserves the right to notify parents/guardians of dependent students regarding any health or safety risk, change in student status or conduct situation, particularly alcohol and other drug violations. The College may also notify parents/guardians of non-dependent students who are under age 21 of alcohol and/or drug policy violations. Where a student is not dependent, the College will contact parents/guardians to inform them of situations in which there is a significant and articulable health and/or safety risk. The College also reserves the right to designate which college officials have a need to know about individual conduct complaints pursuant to the Family Educational Rights and Privacy Act.

h. Notification of Outcomes

The outcome of a campus hearing is part of the educational record of the accused individual, and is protected from release under a federal law, FERPA. However, the College observes the legal exceptions as follows:

• Complainants in non-consensual sexual contact/intercourse incidents have an absolute right to be informed of the outcome, essential findings, and sanctions of the hearing, in writing, without condition or limitation. Complainants in sexual exploitation, sexual harassment, stalking, relationship violence and any other gender-based offense have an absolute right to be informed of the outcome, in writing, and to be informed of any sanctions that directly relate to them, and to essential findings supporting the outcome when the outcome is one of violation (and the underlying offense is a crime of violence as defined below and in 34 C.F.R. 99.39) and/or it is equitable to share the essential findings with all parties.

• The College may release publicly the name, nature of the violation and the sanction for any student who is found in violation of a college policy that is a "crime of violence," including: arson, burglary, robbery, criminal homicide, sex offenses, assault, intimidation (which may encompass stalking and/or bullying), hazing, destruction/damage/vandalism of property and kidnapping/abduction. The College will release this information to the complainant in any of these offenses regardless of the outcome.

i. Alternative Testimony Options

For sexual misconduct complaints, and other complaints of a sensitive nature, whether the alleged complainant is serving as the complainant or as a witness, alternative testimony options will be given, such a placing a privacy screen in the hearing room, or allowing the alleged complainant or resondent to testify outside the physical presence of the accused individual, such as by Skype. While these options are intended to help make the alleged complainant or respondent more comfortable, they are not intended to work to the disadvantage of the other party.

j. Past Sexual History/Character

The past sexual history or sexual character of a party will not be admissible by the other party in the investigation or hearing unless such information is determined to be highly relevant by the Chair. All such information sought to be admitted will be presumed irrelevant, and any request to overcome this presumption by the parties must be included in the complaint/response or a subsequent written request, and must be reviewed in advance of the hearing by the Title IX Coordinator. While previous conduct violations by the accused individual are not generally admissible as information about the present alleged violation, the Title IX Coordinator may supply previous complaint information to the investigators, the conduct board, or may consider it him/herself if s/he is hearing the complaint, only if:

1. The accused was previously found to be responsible;
2. The previous incident was substantially similar to the present allegation;
3. Information indicates a pattern of behavior and substantial conformity with that pattern by the accused individual.

Statement of the Rights of the Complainant

• The right to investigation and appropriate resolution of all credible complaints of sexual misconduct made in good faith to college administrators;
• The right to be treated with respect by college officials;
• The right of both accuser and accused to have the same opportunity to have others present (in support or advisory roles) during a campus disciplinary hearing;
• The right not to be discouraged by college officials from reporting an assault to both on-campus and off-campus authorities;
• The right to be informed of the outcome and sanction of any disciplinary hearing involving sexual assault, usually within 24 hours of the end of the conduct hearing;
• The right to be informed by college officials of options to notify proper law enforcement authorities, including on-campus and local police, and the option to be assisted by campus authorities in notifying such authorities, if the student so chooses. This also includes the right not to report, if this is the complainant's desire;
• The right to be notified of available counseling, mental health or student services for complainants of sexual assault, both on campus and in the community;
• The right to notification of and options for, and available assistance in, changing academic and living situations after an alleged sexual assault incident, if so requested by the complainant and if such changes are reasonably available (no formal complaint, or investigation, campus or criminal, need occur before this option isavailable).
  • Accommodations may include:
    • Change in on-campus housing
    • Arranging to dissolve a housing contract and pro-rating a refund; in accordance with campus housing policies;
    • A grade of "incomplete" in a class;
    • Changes in class sections;
    • Withdrawal from a class;
    • Alternative course completion options by agreement of the appropriate faculty
• The right not to have irrelevant prior sexual history admitted as evidence in a campus hearing;The right not to have any complaint of sexual assault mediated (as opposed to adjudicated);
• The right to make a complainant-impact statement at the campus conduct proceeding and to have that statement considered by the board in determining its sanction;
• The right to a campus stay away letter sent to another student;
• The right to have complaints of sexual misconduct responded to quickly and with sensitivity by Campus Safety;
• The right to appeal the outcome of the conduct body, in accordance with the standards for appeal established by the institution;
• The right to review all documentary evidence available regarding the complaint, subject to the privacy limitations imposed by state and federal law, at least 48 hours prior to the hearing;
• The right to preservation of privacy, to the extent possible and allowed by law;
• The right to a hearing closed to the public;
• The right to petition that any member of the conduct body be removed on the basis of demonstrated bias;
• The right to bring a complainant advocate or advisor to all phases of the investigation and campus conduct proceeding;
• The right to give testimony in a campus hearing by means other than being in the same room with the accused individual;
• The right to ask the investigators to identify and question relevant witnesses;
• The right to be fully informed of campus conduct rules and procedures as well as the nature and extent of all alleged violations contained within the complaint;
• The right to have the college arrange the presence of student, faculty and staff witnesses, and the opportunity (if desired) to ask questions, directly or indirectly, of witnesses present (including the accused individual), and the right to challenge documentary evidence;
• The right to be present for all testimony given and evidence presented before the conduct body;
• The right to have complaints heard by conduct and appeals officers who have received annual sexual misconduct training;
• The right to a conduct panel comprised of representatives of both genders;
• The right to have college policies and procedures followed without material deviation;
• The right to be informed in advance of any public release of information regarding the complaint;
• The right not to have released to the public any personally identifiable information about the complainant, without his or her consent.

Statement of the Accused Individual's Rights

• The right to investigation and appropriate resolution of all credible complaints of sexual misconduct made in good faith to college administrators against the accused individual;
• The right to be treated with respect by college officials;
• The right to be informed of and have access to campus resources for medical, counseling, and advisory services;
• The right to be fully informed of the nature, rules and procedures of the campus conduct process and to timely written notice of all alleged violations within the complaint, including the nature of the violation and possible sanctions;
• The right to a hearing on the complaint, including timely notice of the hearing date, and adequate time for preparation;
• The right not to have irrelevant prior sexual history admitted as evidence in a campus hearing;
• The right to make an impact statement at the campus conduct proceeding and to have that statement considered by the board in determining its sanction;
• The right to appeal the finding and sanction of the conduct body, in accordance with the standards for appeal established by the institution;
• The right to review all documentary evidence available regarding the complaint, subject to the privacy limitations imposed by state and federal law, at least 48 hours prior to the hearing;
• The right to a hearing closed to the public;
• The right to petition that any member of the conduct body be removed on the basis of bias;
• The right to have the college arrange the presence of student, faculty and staff witnesses, and the opportunity to ask questions, directly or indirectly, of witnesses present, and the right to challenge documentary evidence;
• The right to have complaints heard by conduct and appeals officers who have received annual sexual misconduct adjudication training;
• The right to have college policies and procedures followed without material deviation;
• The right to have an advisor or advocate accompanying and assisting in the campus hearing process. The advisor may not take part directly in the hearing itself, though they may communicate with the accused individual as necessary.  The advocate should be a member of the college community or other person whom the student selects who is not a lawyer;
• The right to a fundamentally fair hearing, as defined in these procedures;
• The right to a campus conduct outcome based solely on evidence presented during the conduct process. Such evidence shall be credible, relevant, based in fact, and without prejudice;
• The right to written notice of the outcome and sanction of the hearing;
• The right to a conduct panel comprised of representatives of both genders;
• The right to be informed in advance, when possible, of any public release of information regarding the complaint.

Last updated January 3, 2013