Policy Statement

Students should feel free to raise matters of concern without risk of disadvantage. Every effort will be made to ensure that a resolution that is satisfactory to the college and the student is met. Students are encouraged to first speak with the individual, department, or office with which they have the complaint. If they are not satisfied with the response or want to report an anonymous concern, please use the Issue and Concern forms.  If MSC has responded, but the student disagrees with the response, the student may elect to follow the MSC Appeals or Grievance processes. It is important to examine the processes carefully in an effort to know when the student has exhausted the appeals process.

Oklahoma State Regents for Higher Education Student Complaints

Students attending Murray State College should pursue concerns directly with MSC using the Student Issue and Concerns Form. If MSC has responded, but the student disagrees with the response, the student may elect to follow the MSC Appeals processes. It is important to examine the processes carefully in an effort to know when the student has exhausted the appeals process.

If the student pursues the complaint using MSC’s formal complaint/appeal process to the highest possible level and still perceives the concerns have not been adequately addressed, the student may file a complaint against MSC with the Oklahoma State Regents for Higher Education (OSHRE).

It is important to note that the student must have exhausted MSC’s complaint and appeal process before the OSHRE will attempt to help the student identify any possible resolution with the institution.

The link below is for the OSRHE Complaint Form

https://www.okhighered.org/current-college-students/complaints.shtml

Out-of-state Online Students (National Council for State Authorization Reciprocity Agreements (NC-SARA)

For out-of-state, online students dissatisfied with MSC’s determination on their complaint can contact the OSRHE via this link: SARA Student Complaints. Additional information about SARA student complaints can be found here. Please note that this is specifically for out-of-state students. Oklahoma residents, even if attending 100% online, should refer to the “Oklahoma State Regents for Higher Education Student Complaints” and use the provided link.

Formal Student Complaint Process/Grievance Procedure

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:

• Student – “Student” means an individual who is enrolled at MSC in at least one credit hour as a student.
• Reference to Gender – Any use of grammatical gender references shall be interpreted as applying equally to males and females.
• Issue/Concern – Definition listed in 3.a.
• Grievance – Definition listed 4.a.

3. Complaint and Resolution:

• 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 or at the following link.  Student Issue and Concern Form
• 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)

• 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, free speech violation, 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.
• 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 ensure 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:

• Name, address and telephone number of complainant;
• Personnel involved;
• A written statement of the grievance, together with supporting evidence;
• The specific remedial action or relief sought;
• A brief summary of the results of previous discussions on the issues involved;
• A statement of reasons why remedial action or relief is sought; and
• 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 list 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:

• 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.
• The Chair must provide, in writing:
  • Notify both parties of the dates and times of the scheduled grievance hearing.
  • Request a list of potential witnesses be provided no later than forty-eight (48) hours prior to the hearing.
  • 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.
  • If such notification (Item 8.b.3) is received, notify other party immediately.

• Establish a time limit for opening/closing statements and announce the time limit at the beginning of the hearing.
• Establish specific time parameters for the hearing. Specify when it will start and end.
• Remind all participants of the confidentiality of the grievance and hearing.
• Conduct the hearing in an impartial manner, observing procedures consistent with fairness for all parties concerned.
• Since only evidence relevant to the grievance may be introduced, make decisions regarding the relevance of the evidence.
• Maintain focus and ensure that discussions are pertinent to the grievance.
• After the hearing is concluded, preside over deliberations by the Grievance Committee.
• Write a report of the findings/recommendations of the Grievance Committee within five (5) working days of the end of the hearing.
• 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:

• 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.
• Grievance hearings are considered student/personnel-related matters and as such are not for open attendance.
• 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.
• 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.
• 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.
• The Complainant shall be heard first in all phases of the hearing.
• 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.
• 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.
• Only evidence relevant to the grievance may be introduced. Questions of relevance shall be decided by the chair.
• To ensure 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:
  • Copies of the evidence and exhibits received or considered at the hearing
  • The tape recording of the hearing
  • The recommendations of the Grievance Committee
  • Transcript, if one is made