STUDENT APPEAL AND GRIEVANCE PROCEDURE
Definitions
Appeal: An appeal is a request by a party for reconsideration of a college decision or action that the party believes was erroneous.
Grievance: A grievance is a claim, or charge of injustice, oppression, or discrimination, based upon an event or condition which affects the welfare or conditions of an individual at the DXATC.
Procedures
- Whenever possible, problems should be resolved at the lowest possible level, and involve individuals closely aware of and involved in the issue(s) before seeking appeals or grievance procedures. Students are encouraged to discuss problems first with the faculty or staff with whom they take issue. If satisfactory resolution is not obtained, students may contact the DXATC accrediting body: Council on Occupational Education, 41 Perimeter Center East, NE, Suite 640, Atlanta, GA 30346 (800) 917-2081; www.council.org
- If a student feels that the issue has been unresolved then he/she has the right to file an appeal or grievance and request a review.
- Procedures and hearings of all DXATC bodies which deal with student discipline, appeals, or grievances will generally follow guidelines specified in policy. Guidelines are, however, not unwavering rules of procedure.
- An appeal must be in writing and presented to the appropriate program director within 15 working days from the date a copy of the decision is mailed or delivered to the student. The Program Director will determine the appropriate hearing committee.
- Appeals regarding academic processing such as competency evaluation, testing, or assignments should be taken in writing to the appropriate program director. If satisfaction is not achieved, the same written appeal may be taken to the campus president for a review.
- A grievance must be in writing and presented to the program director who will determine the appropriate hearing committee.
- A student may request that the hearing committee decision be reviewed by the campus president.
- Financial and business obligations such as payment of tuition, parking fees, financial aid, ect. are considered business transactions and are covered by legal agreements in addition to the student code of conduct.
- Due to the sensitive nature of sexual harassment and assault cases, they follow a policy specifically designed to best deal with and resolve these situations. (See Sexual Harassment/Discrimination Policy 5-34 – Dixie State College)
- Hearing Committees are to function as needed in their designated areas:
- Hearing committees for academic and/or behavioral issues are appointed by the program director and/or the campus president. The Committee will be organized by the Campus President and the Program Directors. It will include an administrator, one faculty member, and one student.
- The appropriate administrator may excuse any member of the committee if it is determined that a conflict of interest may exist. The replacement is to be selected from the group the excused member(s) represent.
- A formal written resolution is generally sought in the case where a student is requesting an exception to policy.
Administrative Issues
Decisions an all issues of an administrative nature such as admission to the College, residency, tuition, payment requirements, course waivers, credit adjustments, graduation, program eligibility, financial aid, parking, and discrimination will be made by administrative officers and/or committees appointed by the appropriate vice-president, and appeals from those bodies will be considered only on due process grounds.
Hearing Process
- The goal of the hearing process is to provide for the prompt and fair resolution of all policy violations, appeals, and grievances as they occur.
- Informal resolutions of any violation or dispute should be attempted. If satisfactory resolution is not achieved through informal means, any party involved in the dispute may request access to the hearing process from the committee chair or program director.
- The function of the hearing is to allow the hearing committee to make an informed judgment according to the evidence. The hearing committee serves as both judge and jury. As jurors, they determine the nature, quality, and weight if the evidence presented to them and respond as they see fit. As judges, they determine whether the evidence is relevant, decide which institutional rules and regulations apply, how they should be interpreted and used in the specific case before them, and recommend appropriate sanctions or other dispositions of the case
- A hearing committee is not bound by strict rules of legal evidence or procedure and may consider and evidence it deems relevant. The committee will make its judgment based on at least a preponderance of evidence.
- Dixie Applied Technology College’s legal counsel may serve as resource to the committee and may be present at any hearing to provide guidance on substantive law and procedural matters.
- A formal written resolution is generally sought in the case where a student is requesting an exception to policy
- A Hearing Committee should provide due process provisions and set standard procedures in its hearings. The following are guidelines for the Hearing Process.
- Charges or appeals must be submitted in writing and signed by the complainant. The submissions should include a concise statement of a charge of appeal, summarizing facts, conduct, or circumstances alleged to constitute failure to comply with DXATC policy.
- Whenever possible, hearings are to be set at times suitable to the complainant, respondent, and committee. Time guidelines for hearing procedures are to be met when appropriate and possible; however, reasonable extensions can be set or accepted at the discretion of the hearing committee chair.
- Within 15 working days of receiving a charge or appeal, the chair of the hearing committee should respond to the complainant and/or notify the respondent of the charges. No adverse action or sanction may be taken against the respondent until notification of the charges has been given.
- Hearings should be held within 15 working days of a committee chair receiving an appeal or notification of a charge being given to a respondent.
- The hearing committee may, at its discretion, decide not to hold a hearing on the charge if it is determined to be frivolous, without merit, based on purely personal grounds, not timely, or on issues that are beyond its jurisdiction established by the college policy, or if is determined to be an abuse of the intent of due process.
