74 Student Grievance Procedure

Procedure

When a student, or group of students, has an issue/concern against a student, college employee, policy, or department the following procedure should be used to resolve the problem without a fear of recrimination.

1. This procedure shall be known as the “Student Grievance Procedure” and shall govern only students of Murray State College as defined herein.

2. Definitions:

1. Student – “Student” means an individual who is enrolled at MSC in at least one credit hour as a student.

1. Reference to Gender – Any use of grammatical gender references shall be interpreted as applying equally to males and females.

1. Issue/Concern – An issue/concern is a student’s timely (within 10 working days) written expression of dissatisfaction with a specific area within the college’s control, but is outside the student’s control. The Student Issue/Concern Form can be found on the MSC website under Current Students>Policy and Procedures>Student Issue/Concern Form.

1. Grievance – A “grievance” is a timely (within 10 working days) written complaint that has not been resolved to the satisfaction of the student after informal discussion of the complaint through regular administrative channels set forth in the organizational chart. A grievance must be presented in writing and must relate to student life, academic advisement, business affairs, campus security, risk management or disability services, and must state whether the student believes discrimination due to race, color, national origin, religion, sex, qualified handicap, disability, age or status as a veteran is involved. Any disability service complaint must follow the A.D.A Grievance Procedure. A grievance may be filed against a particular student, individual, employee or employees. A Written Complaint is written in a letter format, no MSC form is used.

3. Complaint and Resolution:

1. Definition

An issue/concern is a student’s timely (within 10 working days) written expression of dissatisfaction with a specific area within the college’s control, but is outside the student’s control. The Student Issue/Concern Form can be found on the MSC website under Current Students>Policy and Procedures>Student Issue/Concern Form.

1. Issue Resolution

An issue must be brought to the attention of the Vice President of Student Affairs, who must respond within 10 working days, and if it is not resolved at that level, it must be referred to the next higher administrative level according to the organizational chart in effect at that time. That level will normally respond within 10 working days. [If the complaint is academic in nature it must be filed with the Vice President of Academic Affairs.  (i.e., Grade Appeal)]

4. Grievances and Resolution: (Formal Process)

1. Definition:

A “grievance” is a timely (within 10 working days) written complaint that has not been resolved to the satisfaction of the student after informal discussion of the complaint through regular administrative channels set forth in the organizational chart. A grievance must be presented in writing and must relate to student life, academic advisement, business affairs, campus security, risk management or disability services, and must state whether the student believes discrimination due to race, color, national origin, religion, sex, qualified handicap, disability, age or status as a veteran is involved. Any disability service complaint must follow the A.D.A Grievance Procedure. A grievance may be filed against a particular individual, employee or employees. A Written Complaint is written in a letter format, no MSC form is used.

1. Grievance Resolution

If discussion fails to resolve the complaint, the complainant may request in writing (letter format, no MSC form is used) that a grievance committee be formed to insure the rights of the individual student. A Student Affairs Designee will be responsible for questioning the complainant as to whether the administrative chain of command was followed in attempts to resolve the issue. If it was, the designee will ask that a committee hear the appeal and distribute copies of the grievance to both the complainant and the person against whom the grievance was made with copies of written policies and procedures relating to grievance, and a copy of the written request for grievance adjudication. If it was not, the designee will counsel the complainant on the appropriate channels, i.e. chain of command.

5. Information to be contained in a Written Grievance Request: No written request for grievance adjudication shall be considered by the Student Grievance Committee unless it contains the following information:

1. Name, address and telephone number of complainant;

1. Personnel involved;

1. A written statement of the grievance together with supporting evidence;

1. The specific remedial action or relief sought;

1. A brief summary of the results of previous discussions on the issues involved;

1. A statement of reasons why the remedial action or relief is sought; and

1. A statement that illegal discrimination is, or is not, alleged.

6. Formation of a Grievance Committee:

Within ten (10) working days after receipt of a written request for the formation of a grievance committee, a grievance committee shall be selected by random choice from a listing of employees. Both parties to the grievance shall be notified of the time and place for selection of the grievance committee, and each shall have the right to be present during the selection.

7. Composition of a Grievance Committee:

The Grievance Committee shall consist of seven (7) members, consisting of three (3) members from the Student Government, chosen at random, three (3) college employees, chosen at random, whose primary duties do not conflict with the grievance filed by the student, and the Vice President of Student Affairs or President’s designee.

NOTE:  If the grievance is against the listed administrator or a supervisor, the peer group for committee selection purposes will be considered those with supervisory responsibilities. The grievant and the other party involved in the grievance shall each be allowed to challenge one (1) selection from the six (6) committee members chosen at random without showing cause (preemptory challenges) and any other selection for cause. Challenges may be made after a full potential committee has been selected. The Vice President of Student Affairs or the President’s designee shall chair the committee and must cast a vote.

8. Responsibilities of the Grievance Committee Chair:

1. The chair shall establish a date and time for the grievance hearing. The hearing must be held within ten (10) working days of the organizational meeting of the committee.

1. The Chair must provide, in writing:

1. Notify both parties of the dates and time of the scheduled grievance hearing.

2. Request a list of potential witnesses be provided no later than forty-eight (48) hours prior to the hearing.

3. Request that notification be provided no later than five (5) working days prior to the hearing if either party is to be accompanied by legal counsel or other persons.

4. If such notification (Item 8.b.3) is received, notify other party immediately.

1. Establish a time limit for opening/closing statements and announce the time limit at the beginning of the hearing.

1. Establish specific time parameters for the hearing. Specify when it will start and end.

1. Remind all participants of the confidentiality of the grievance and hearing.

1. Conduct the hearing in an impartial manner observing procedures consistent with fairness to all parties concerned.

1. Since only evidence relevant to the grievance may be introduced, make decisions regarding relevance of evidence.

1. Maintain focus and ensure that discussions are pertinent to the grievance.

1. After the hearing is concluded, preside over deliberations by the Grievance Committee.

1. Write a report of the findings/recommendations of the Grievance Committee within five (5) working days of the end of the hearing.

1. Present a copy of the report to the Complainant and to the President of the College.

9. Responsibility for Serving on a Committee:

All members selected shall be expected to serve on the Grievance Committee except in cases of illness, necessary absence from the campus, service on a Grievance Committee in the current semester, or other extreme hardship.  The President’s designee shall decide whether a chosen member should be excused from service and may replace such member by the same procedure used for the original selection. Members of the Grievance Committee shall commit themselves to observe procedures consistent with fairness to all parties concerned; for example, the committee members shall not discuss the case with anyone outside of the hearings and shall not be influenced in making a decision or recommendation by any consideration other than the evidence presented to them in meetings in which all affected parties are present. In the event of serious illness, necessary absence, or extreme hardship during the course of the hearing, the President’s designee will contact the alternate already selected and if that individual cannot serve a new alternate will be selected by the same procedure used in section 7. In the event a committee member is replaced in the course of the hearing, the successor will review the record of the proceedings to become familiar with the positions of the parties and their evidence.

10. Organizational Meeting:

The Grievance Committee shall meet within five (5) working days of its selection. The Committee Chair (see Section 7) shall schedule a hearing within ten (10) working days of the organizational meeting.

11. Notices and Agendas:

All notices and agendas for the committee members, if any, shall be the responsibilities of the chair.

12. Opportunity to Obtain Evidence:

Both parties to the grievance will be afforded an opportunity to obtain necessary witnesses and documentary or other evidence. The parties will be responsible for contacting their own witnesses and the administration of the College will attempt to secure the cooperation of such witnesses as applicable. The parties will provide the chair with a list of potential witnesses at least forty-eight (48) hours prior to the hearing and parties will notify them of their appearance as close to the time of call as possible to avoid undue waiting. (This shall not preclude the calling of additional witnesses with the concurrence of the Committee.) The College will make available necessary documents and other evidence within its control. No employee of the institution, regardless of position, should be excluded or excused from appearing before the Committee, if called.

13. Grievance Consultant:

At any step in the grievance procedures, the Affirmative Action Officer, if discrimination is alleged, may be requested by either or both parties to the grievance or by the Committee to serve as a consultant in an advisory capacity only.

14. The Grievance Hearing:
15. The hearing shall be conducted by the Grievance Committee. Either party may submit oral/written evidence. The formal rules of evidence shall not apply in the proceeding before the Grievance Committee, with the exception that the Committee shall give effect to the rules of privilege recognized by law with respect to: communications between attorney and client made in that relation; communications made by a patient to a licensed practitioner of the healing arts; and communications between minister and communicant made in that relation.

1. Grievance hearings are considered student/personnel-related matters and as such are not for open attendance. Hearings related to Title IX will observe The Final Rule as follows:

The Final Rule adds provisions to the “live hearing with cross-examination” requirement for postsecondary institutions. For postsecondary institutions, the school’s grievance process must provide for a live hearing:

• o At the live hearing, the decision-maker(s) must permit each party’s advisor to ask the other party and any witnesses all relevant questions and follow-up questions, including those challenging credibility.
• o Such cross-examination at the live hearing must be conducted directly, orally, and in real time by the party’s advisor of choice and never by a party personally.
• o At the request of either party, the recipient must provide for the entire live hearing (including cross-examination) to occur with the parties located in separate rooms with technology enabling the parties to see and hear each other.
• o Only relevant cross-examination and other questions may be asked of a party or witness. Before a complainant, respondent, or witness answers a cross-examination or other question, the decision-maker must first determine whether the question is relevant and explain to the party’s advisor asking cross-examination questions any decision to exclude a question as not relevant.
• o If a party does not have an advisor present at the live hearing, the school must provide, without fee or charge to that party, an advisor of the school’s choice who may be, but is not required to be, an attorney to conduct cross-examination on behalf of that party.
• o If a party or witness does not submit to cross-examination at a live hearing, the decision-maker(s) must not rely on any statement of that party or witness in reaching a determination regarding responsibility; provided, however, that the decision-maker(s) cannot draw an inference about the determination regarding responsibility based solely on a party’s or witness’s absence from the live hearing or refusal to answer cross-examination or other questions.
• o Live hearings may be conducted with all parties physically present in the same geographic location or, at the school’s discretion, any or all parties, witnesses, and other participants may appear at the live hearing virtually.
• o An audio or audiovisual recording, or transcript, of any live hearing.

1. A confidential tape recording of the grievance hearing shall be made and will be accessible to the parties, the Committee, the President of the College, and authorized representatives on a “need–to-know” basis. Either party to the grievance may request a typed transcript. The party making the request shall pay the cost of the transcription.

1. Either party or member of the Grievance Committee shall have the right to call witnesses and the right to question witnesses for a full and true disclosure of the facts. Witnesses may be recalled for additional questioning if requested by either party or a member of the Committee. All information discussed in the Grievance Committee is considered personal information. Information discussed in the meetings shall not be discussed outside the Committee meetings, and therefore the meetings are considered “closed” meetings.

1. Documentary evidence may be received in copy form or original. Upon request, the parties will be given an opportunity to compare the copy with the original.

1. The Complainant shall be heard first in all phases of the hearing.

1. A reasonable time limit should be established for opening and closing statements and shall be announced prior to or at the beginning of the hearing.

1. Length of hearing sessions may be established in advance; every effort should be made to conduct the hearings as expeditiously as possible. Either party may be accompanied by legal counsel or other person of his/her choice; however, legal counsel may not testify. If either party is to be accompanied by legal counsel or other person, the chair of the Committee shall be notified at least five (5) working days prior to the meeting. The chair will notify the other party immediately.

1. Only evidence relevant to the grievance may be introduced. Questions of relevance shall be decided by the chair.

1. To insure documentation of the proceedings, a record of the hearing will be made, maintained, and filed with the Administrative Secretary of the Board. The record will include:

1. Copies of the evidence and exhibits received or considered at the hearing

2. The tape recording of the hearing

3. The recommendations of the Grievance Committee

4. Transcript, if one is made

15. Grievance Committee Finding and Report:

The finding and recommendations of a Grievance Committee shall be formalized in a written opinion to be rendered by the chair of the Grievance Committee within (5) working days of the end of the hearing and made a part of the record of the hearing.  Findings of fact shall be based exclusively on the evidence presented at the hearing and such findings shall be separately stated.  The Grievance Committee shall present its report and findings and recommendations to the President of the College.

16. Right to Withdraw Grievance:

At any point in the proceedings prior to the time at which the Committee reaches its final decision, the grievant may withdraw any portion or the entire grievance. In all cases of withdrawal of a grievance, the grievant shall not have the privilege of reopening the same grievance at any time in the future.

17. Time Schedule:

1. Formation of a Grievance Committee: A committee shall normally be selected within 10 working days after a person has filed a timely written request for the formation of the committee. (See Section 6).

1. Organizational Meeting of Grievance Committee: The Grievance Committee shall meet within five (5) working days of its selection. (See Section 10).

1. For Hearings and Reporting Findings: A hearing shall be scheduled within ten (10) working days of the Grievance Committee’s organizational meeting. The hearing/s and report of the Grievance Committee shall normally be completed as expeditiously as possible, with a report being forwarded within five (5) working days of completion of the hearing/s.

15. Final Institutional Decision. The President of the College shall be presented with the report and findings of the Grievance Committee. (See Section 15.) An appeal may be made to the President of the College within five (5) working days of receipt of the report. The President of the College will make the final institutional decision. The President is not bound by the formal rules of the hearing in his/her investigation or appraisal.

Note:  When a grievance is filed at a time when holidays and vacations will interfere with the time for Committee selection, the President’s designee shall notify all persons involved in writing of the amended time schedule. In any case in which the Committee deems these time schedules to be inadequate, the chair shall notify all parties involved in writing of the amended time schedule.