Student Rights, Grievances, and Complaints
The purpose of this procedure is to provide a prompt and equitable means of resolving student grievances or complaints. These procedures are available to any student who reasonably believes a college decision, action, or incident has adversely affected their status, rights, or privileges.
Included Grievances: Issues regarding financial aid, the exercise of free expression, and course grades.
Grade Finality: Instructor grades are final unless there is evidence of mistake, fraud, bad faith, or incompetence. "Mistake" includes instructor calculation or clerical errors.
Exclusions: This procedure does not apply to harassment or discrimination complaints (referred to AP 3435), student disciplinary actions, or police citations.
Key Definitions
Student: Includes currently enrolled students, applicants (limited to admission denial), and former students (limited to grade grievances).
Party: The student or persons claimed responsible for the grievance, plus their representatives; this does not include the Hearing Panel or Director of Student Affairs.
Day: A day when the college is in session and regular classes are held, excluding Saturdays and Sundays.
Step 1: Informal Resolution
Before requesting a hearing, students must make a reasonable effort to resolve the matter informally with the person involved, their supervisor, or college administration.
Filing: A Student Grievance Form must be filed with the Director of Student Affairs within ten (10) days of the incident or ten (10) days after the student learns of the basis for the grievance.
Advise: Within five (5) days of receipt, the Director of Student Affairs shall advise the student of their rights and responsibilities.
Step 2: Request for Grievance Hearing and Hearing Panel
If informal resolution is unsatisfactory, the student may request a hearing.
Timeline: A Request for Grievance Hearing Form must be filed within ten (10) days after the informal process is completed.
Panel Composition: The Hearing Panel includes one (1) student, one (1) instructor, and one (1) administrator. Members must be neutral.
Director’s Role: The Director of Student Affairs sits with the panel to facilitate the process but does not vote.
Step 3: Hearing Panel Procedures
Within ten (10) days of the request, the Superintendent/President appoints the panel, which meets privately to determine if sufficient grounds for a hearing exist.
Grounds for Hearing: The panel verifies the statement contains facts constituting a grievance, the grievant has standing, the filing is timely, and the claim is not frivolous.
Notification: If rejected, the student is notified within ten (10) days. If approved, the hearing must begin within ten (10) days with at least five (5) days' notice to all parties.
Conduct of Hearing: Hearings are closed and confidential unless all parties request otherwise. The student bears the burden to prove allegations by substantial evidence.
Representation: Parties may represent themselves or a person of their choice; attorneys are permitted only if the panel determines complex legal issues are involved.
Step 4: Grievance Decision and Appeal
Panel Recommendation: Within ten (10) days of the hearing's close, the panel sends a written decision and relief recommendation to the Superintendent/President.
Final Decision: Within ten (10) days of receipt, the Superintendent/President sends a final written decision to all parties. They may accept or reject the panel's findings.
Appeal: If a hearing request is denied by the panel, the student may appeal in writing to the Superintendent/President within ten (10) days. The Superintendent/President's decision on granting a hearing is final.
https://www.hartnell.edu/support/student-affairs/standards-student-conduct.html