CALIFORNIA STATE UNIVERSITY, SAN
BERNARDINO
STUDENT NON-ACADEMIC GRIEVANCE
POLICY AND PROCEDURES
APPROVED BY ADMINISTRATIVE
COUNCIL: June 1, 1978
REVISION #1 APPROVED BY
ADMINISTRATIVE COUNCIL: September 14, 1992
REVISION #2:
RECOMMENDED BY ADMINISTRATIVE COUNCIL:
September 27, 1999
APPROVED BY PRESIDENT KARNIG:
November 5, 1999
RESPONSIBLE DEPARTMENT: Office
of the Vice President for Student Affairs, 909/880-5185
Background
This policy replaces a portion of the Student
Non-Academic Grievance Policy and Procedures originally approved June 1, 1978 and revised
September 14, 1992. A new and separate policy, Procedure for a Discrimination
Complaint by a Student, replaces the remainder of the previous Student Non-Academic
Grievance Policy and Procedures of 1978 and 1992.
Purpose of the Policy
The policy and procedures are designed to
provide a student grievant with an opportunity to obtain an equitable resolution to
alleged injustices or problems caused in part or whole by the actions or practices of the
University.
Assistance in Grievance Resolution
The University wants the opportunity to
attempt to resolve all grievances through open communication and understanding.
Staff members in the Office of the Vice President for Student Affairs, University Hall
(UH) room 231, will advise students on grievance resolution. Students are encouraged
to use these resources.
Eligibility to File a Grievance
A student enrolled in the University is
eligible to file a grievance, as well as a person who, although not a student at the time
of filing, was a student within forty (40) calendar days prior to the date on which he/she
formally began the grievance. A student may not be represented by an attorney in the
grievance process.
Description of a Non-academic
Grievance
A grievance is a complaint by a student about
an alleged action by a University employee which adversely affects the status, rights or
privileges of the student. A grievance is filed against the University, with the
employee acting as the respondent to the allegations. Any action or practice can be
complained about at the informal level, that is, through direct discussion with the
relevant employee.
Throughout the steps of the grievance, the
burden of proof will be on the student to prove the allegations and the grievance may be
denied because of a lack of sufficient evidence. A simple allegation or
unsubstantiated assertion is an insufficient basis for lodging a formal grievance.
Students must support their allegations with evidence compelling enough to give the
Non-Academic Grievance Committee reason to hold a formal hearing.
This grievance process cannot be used to
contest an instructor's evaluation of academic performance; academic probation,
disqualification or other academic decision by a department or college; discrimination
within an academic decision; discrimination complaints; university student conduct action;
academic dishonesty allegations; allegations of unprofessional conduct by faculty or
staff; sexual harassment; parking citations; debt to the University; or contents of
materials contained in a student's University records. Separate procedures exist for
these matters; please consult with the Office of the Vice President for Student Affairs,
UH room 231. Alleged actions or practices of the University which are the result of
CSU systemwide requirements, for example fees, cannot be formally grieved. Only one
Discrimination Complaint or one Non-Academic Grievance may be filed on each set of facts
or each incident, as determined by the University.
Timeline for Filing a Grievance
A student should attempt to resolve a
grievance as soon as the problem is known. A formal procedure must begin no later
than forty (40) calendar days after the date the student learned or reasonably should have
learned of the occurrence of the event.
A formal procedure must be initiated by the
student between October 1 and May 31. During the intervening time, no timelines will
be violated. If a grievance occurs in the summer, it may be initiated in the
following fall term.
Designee for Employee in the
Grievance Process
Since the grievance is made against the
actions or practices of the University, the University may determine if the employee may
have a designee act for him/her throughout the process.
Attempt at Resolution
It is recommended that a student attempt to
resolve a grievance through direct discussion with the relevant employee. No forms
or written complaints are needed at this step. The best results occur from open
communication and understanding.
It is advisable that the student schedule a
meeting with the employee and bring any support materials. If the student wishes to
bring an advisor, the employee may have an advisor. An advisor shall be a CSUSB
student, faculty member, staff member or administrator. If neither the student or
the employee wants to have direct discussion, the next step is to begin the informal
grievance procedure.
Informal Procedure
Writing the Grievance
To begin the informal or formal procedure,
the student completes the attached Non-Academic Grievance Process Form. The student
delivers two completed copies of the front page and attachments to the Office of the Vice
President for Student Affairs, University Hall, room 231. The office signs and dates
both copies, and returns one copy to the student.
Informal Grievance Process
After the student delivers the completed copy
of the front page and attachments to the Vice President for Student Affairs, the informal
grievance process begins.
Step 1:
The student must seek redress directly from
the employee who made the alleged adverse decision. Following discussion, the
employee shall complete the employee's section of the Non-Academic Grievance Process Form
in duplicate and note the conclusion reached. One copy must be returned to the
student and one copy to the Office of the Vice President for Student Affairs. This
process shall be completed within fourteen (14) working days after the grievance
procedures have been initiated (i.e., within fourteen working days after the cover sheet
has been date-stamped).
Step 2:
If the grievance still is unresolved, the
student next may seek redress through a meeting with the employee, his/her supervisor and
the next level supervisor (or designee). The student must request the meeting within
seven (7) working days from the date the process under Step 1 above is concluded.
The meeting shall be convened by the next level supervisor or designee as soon as
possible, but within no more than twenty (20) working days. The next level
supervisor shall note the conclusion reached on the Non-Academic Grievance Process Form,
give a copy to the student and give a copy to the Office of the Vice President for Student
Affairs.
In these preliminary and informal meetings
only the involved parties and an advisor for each, if any, will be present. An
advisor shall be a CSUSB student, faculty member, staff member or administrator.
Every effort should be made to settle the disagreement informally.
Formal Procedure
Formal Grievance Process
If dissatisfied with the outcome of the
informal process above, the student may initiate University-level appeal procedures by
completing the "Request to Begin Formal Grievance Process" on the Non-Academic
Grievance Form and submitting it to the Office of the Vice President for Student Affairs.
The student must make the irrevocable choice between convening a Hearing Committee
(described below) or making an in-person appeal through each administrative level up to
the relevant Vice President. The request must be filed within fifteen (15) working
days (excluding time between terms) following completion of the informal process.
Step 1:
Upon receiving the completed form, the Office
of the Vice President for Student Affairs, or designee, shall determine whether or not the
procedures at the informal level have taken place. If all efforts to resolve the
matter without a hearing have been completed, the Vice President for Student Affairs or
designee shall initiate selection of a Hearing Committee, if that is the student's choice.
There shall be a standing Non-Academic
Grievance Panel of twenty-five (25) members: five (5) tenured faculty (one from each
College), five (5) undergraduate students, five (5) graduate students, five (5) staff, and
five (5) administrators.
The five tenured faculty members shall be
appointed by the Faculty Senate through its established procedures and will serve
staggered two-year terms. The two-year terms of office for faculty members shall
begin and end in the same time frame established for Faculty Senate committees.
The five staff and five administrators
shall be selected by the President and/or Vice Presidents' Council and will serve
staggered two-year terms.
The five undergraduate students shall be
appointed to one-year terms by the Board of Directors of the Associated Students through
its established procedures. To be eligible to serve, the students must meet the
minimum academic qualification standards for student office holders.
The five graduate students shall be
appointed to one-year terms by the Board of Directors of the Associated Students through
its established procedures. To be eligible to serve, the students must be classified
graduate students, conditionally classified graduate students, or classified
post-baccalaureate students and must meet the minimum academic qualification standards for
student office holders.
Terms of office for student members shall
begin on October 1 and end on September 30, or upon completion of any hearing in progress
as of that date.
In the event a member is unable to complete
the term of office, a replacement shall be appointed to complete the unexpired term,
following the original appointment procedures.
Step 2:
The Vice President for Student Affairs or
designee shall meet with the student who is appealing and with the employee. The
student and the employee separately shall rank names from the roster of the Panel.
The names of one (1) faculty, two (2) students, one (1) staff, and one (1) administrator
having the highest ranking score will comprise the Non-Academic Hearing Committee.
The five (5) names shall constitute the members of the Hearing Committee and there shall
be no further challenges.
If the student appealing is an undergraduate,
the name of the graduate students shall be deleted from the roster of the Panel. If
the student appealing is a post-baccalaureate student, the names of the undergraduate
students automatically shall be deleted from the roster of the Panel.
If the student who is appealing chooses not
to sign the release of information section of the Non-Academic Grievance Process Form, the
Hearing Committee shall have no student members and the size of the Committee shall be
reduced accordingly.
If the employee is no longer employed or
unavailable, the employee's supervisor shall represent the decision of the employee
throughout these procedures.
Step 3:
The Vice President for Student Affairs or
designee shall appoint one of the University employees selected to serve on the Hearing
Committee as convener of the Committee. The names of the other members of the
Committee and the Non-Academic Grievance Form shall be forwarded to the convener.
Step 4:
The University employee designated to do so
shall convene the Committee within fifteen (15) working days of receipt of the grievance.
The Committee then shall select its own Chair from among the University employees
on the Committee. It should be noted that students and faculty members on the
Hearing Panel are not available during the summer.
Step 5:
Deliberating in private, and based solely
upon review of the Non-Academic Grievance Form, the Hearing Committee shall determine
whether or not to approve the request for a hearing.
In order to approve the request for a
hearing, the material submitted by the student must persuade the Committee that a hearing
is warranted. The Committee shall be guided by the CSUSB policy that the decision of
the employee is presumed to be correct unless the student, upon whom the burden of proof
falls, is able to demonstrate otherwise by the material and documentation he/she has
submitted. Mere protestations or unsubstantiated assertions that an action or
practice is unfair or inequitable shall not be persuasive.
If the request is denied, the grievance
shall be terminated and the Chair of the Hearing Committee shall so notify the student,
the employee, and the Vice President for Student Affairs. The records shall be
deposited and retained by the Office of the Vice President for Student Affairs or
designee.
If the request for a hearing is approved,
the Committee shall schedule the hearing at the earliest possible date. The Chair
shall notify the student and the employee of the date, time and place of the hearing.
Step 6:
The hearing shall be conducted in accordance
with the following guidelines:
The hearing shall be closed and only the
following persons may be present:
a) The members of the
Hearing Committee, and
b) The student who is
appealing and a non-legal representative, if any (Disabled students having a visual,
auditory, or communication disability verified by the Office of Services to Students with
Disabilities may have a reader\interpreter present to assist the student; such an
assistant must limit his/her participation to the function of a reader\interpreter) and
c) The employee or
designee, and a non-legal representative, if any, and
d) Witnesses, while
presenting evidence.
A recording of the Hearing shall not be
made unless requested by either party.
Any document received into evidence shall
be preserved and shall be attached to the report form of the Committee. Both the
student and the employee or designee shall have the opportunity to have a reasonable
opportunity to challenge or to rebut the evidence. At the discretion of the
Committee, copies may be given to either party.
All persons present at the hearing shall be
advised by the Chair that the proceedings are confidential, that all evidence submitted is
required to be accurate and truthful, that all parties present are required to comport
themselves in an orderly fashion, and that any violations of these requirements may be
cause for University disciplinary action. Witnesses will be advised as to these
requirements before presenting testimony.
The proceedings will not be bound by formal
rules of evidence nor trial-like procedures. Rather, the procedures will be those
upon which reasonable persons customarily would rely in the conduct of serious affairs.
a) The Chair shall rule
upon all procedural issues.
b) If procedural issues
arise which require external assistance, the Chair may delay or recess the proceedings
pending submission of the issue to the Vice President for Student Affairs or designee.
The decision of the Vice President for Student Affairs shall be final.
Evidence or testimony shall be limited to
that which is relevant to the issue(s). Irrelevant or unduly repetitious evidence or
testimony may be ruled out of order.
The burden of proof to sustain a grievance
rests with the student, and the student first will present his/her case.
a) If the student fails to
appear at the time and place of the hearing without advanced notice and/or reasonable
explanation, the grievance shall be considered to have been withdrawn and these
proceedings shall be terminated. The Chair shall so notify the student and the
employee and shall submit a report to the Vice President for Student Affairs or designee.
b) If the employee or
designee fails to appear at the time and place scheduled for the hearing, without advanced
notice and/or reasonable explanation, the hearing shall proceed to its conclusion as
though the employee were present.
c) If it is determined by
the Committee Chair that either the student or the employee failed to appear because of
circumstances beyond his/her control, the Committee may take whatever action it deems
appropriate to ensure fairness.
The Committee shall consider only the
issues and evidence submitted during the hearing. The Committee may request either
party to present additional evidence or testimony during the hearing which would assist
the Committee in arriving at a fair and impartial conclusion.
Both the student and the employee shall
have the following rights:
a) To be present during the
hearing
b) To be confronted with
all evidence received by the Committee, whether oral or documentary.
c) The opportunity to
challenge or to rebut such evidence.
d) To submit evidence on
behalf of their own positions.
e) The opportunity to
submit a summary argument and to respond to the argument of the opposing party.
Step 7:
Upon conclusion of the Hearing, the Committee
shall deliberate in private and shall arrive at a decision by majority vote. There
is a presumption that the decision made by the employee is correct. Thus, the burden
of proof to the contrary rests with the student who is appealing. In order to find
in favor of the student, the Committee must reach a conclusion that the decision was an
inequitable, unfair or inconsistent application of existing University procedures and
policies.
Step 8:
If the Committee finds in favor of the
student, the Committee shall decide how the action or practice is to be corrected.
Correction includes a notification to affected parties of a change in the action or
practice, as well as a change in the consequences of the action or practice.
Step 9:
The Chair of the Hearing Committee shall
notify the Vice President for Student Affairs or designee in writing of the decision
within five (5) working days following conclusion of the Hearing. All records
pertaining to the Hearing shall be deposited and retained in the Office of the Vice
President for Student Affairs.
Step 10:
The Vice President for Student Affairs or
designee shall ensure that the Committee's decision is carried out.
Step 11:
Either the student or the employee may appeal
in writing the decision of the Hearing Committee to the Vice President of the division in
which the problem occurred. The appeal must be done within five (5) working days
following receipt of the Committee's decision. The appeal must describe a
substantial procedural error or some other significant factor which seriously prejudiced
the outcome of the hearing. In response to the appeal, the Vice President or
designee may a) sustain the appeal, b) direct the Hearing Committee to reconsider the
case, c) direct that University level procedures be initiated anew, d) confirm the
decision of the Hearing Committee, or e) make a final decision where additional
considerations have taken place.
Step 12:
The Office of the Vice President for Student
Affairs shall retain the records of the appeal for a period of three (3) calendar years.
Step 13:
The Non-Academic Grievance Hearing Panel
annually shall report to the President of the University on the number of grievance
hearings requested and the disposition of each case, within the requirements of the
federal Family Education Rights and Privacy Act.
Confidentiality
All persons involved in the proceedings are
required to maintain confidentiality, to be accurate and truthful in all statements and
evidence submitted, and to comport themselves in an orderly fashion. Any violation
of these requirements shall constitute grounds for University disciplinary action.
NON-ACADEMIC
GRIEVANCE PROCESS FORM
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