Student Grievance Procedure
Purpose
The purpose of the student grievance procedure is to provide a system to channel student
complaints against
faculty, staff, and students concerning the following:
- Alleged discrimination on the basis of race, color, national origin, sex, sexual orientation, gender, gender identity, gender expression, pregnancy, disability, age, religion, veteran status, or any other characteristic or status protected by applicable local, state, or federal law, excluding sexual discrimination complaints.
- Sexual misconduct, including sexual harassment and sexual violence, complaints should
be directed to the Title IX coordinator or Title IX deputy coordinator. Because of
the sensitive nature of this kind of complaint, a conference with the Title IX coordinator
or the deputy coordinator will replace the first and second steps of the grievance
procedure.
The Title IX coordinator or deputy coordinator will counsel with the student to determine the appropriate action and/or supportive measures. If the complaint meets the federal definition of sexual harassment, the Title IX complaint procedure will be followed. If the grievance does not meet the federal definition of sexual harassment, then the remainder of this grievance procedure will be followed. - Academic matters, excluding individual grades and attendance.
Procedure
First Step
The student must go to the faculty or staff member where the alleged problem originated. An attempt will be made to resolve the matter equitably and informally at this level. The conference must take place within five working days of the incident which generated the complaint.
Second Step
If the complaint is not resolved at the informal conference with the faculty or staff member, the student should meet with the faculty member’s department chair in consultation with the associate/assistant vice president or staff member’s direct supervisor within five (5) working days after satisfying step 1.
As part of the effort to resolve the issue, the department chair or supervisor will consult with the individual who the complaint is directed toward and the associate/assistant vice president or the chief administrative officer of that division.
Third Step
If the complaint is not resolved at the informal conference with the department chair in consultation with the associate/assistant vice president or direct supervisor, the student may file a written grievance/complaint with the vice president of student services/designee. The grievance/complaint form may be obtained from the Office of the Vice President of Student Services.
The completed grievance/complaint form and the reason the response of the associate/assistant vice president or supervisor was unsatisfactory must be presented to the Office of the Vice President of Student Services within five (5) working days after satisfying Step 2.
The vice president/designee will confirm the composition of the Student Grievance Committee. The vice president/designee will send copies of the appeal to the members of the committee, the employee or student, and the employee's supervisor.
The employee or student against whom the grievance was filed shall be given an opportunity to respond in writing to the chairperson/hearing officer of the committee.
Meeting(s) shall be conducted between five (5) and twenty (20) working days after the request date. A postponement or extension may be granted by the chairperson/hearing officer upon written request of either party if the reason stated justifies such action.
The committee shall hold interviews with the grievant, the employee, and the supervisor. The committee may interview any additional witnesses that it considers necessary to render a fair decision.
The committee shall decide by a majority vote the resolution of the grievance/complaint. In case of a tie, the chairperson will vote, thus breaking the tie. The chairperson shall forward a copy of the committee’s decision to all parties involved and to the Office of the President of the College within two working days.
Fourth Step
The committee’s decision may be appealed to the president of the College within three (3) working days of the committee’s decision by either party involved. The president shall review the committee’s findings, conduct whatever additional inquiries deemed necessary, and render a decision within 10 working days of receipt of the appeal.
Committees
The Disciplinary Review Committee will serve as the Student Grievance Committee.
Rights of Parties Involved in a Grievance
When a grievance committee meeting is scheduled, the parties involved are entitled to:
- A written notice of the complaint.
- A written notice of the time and place of the meeting. This notice shall be forwarded to all parties through their Johnston Community College (JCC) official email account at least three working days prior to the meeting unless they waive this requirement.
- Review all available evidence, documents, or exhibits that each party may present at the meeting.
- Have access to the names of the witnesses who may testify.
- Appear in person and present information, call witnesses, and submit questions for the witnesses to the hearing panel, which will determine whether the questions will be asked.
- The right to counsel. The role of the person acting as counsel is solely to advise
the client. The counsel
shall not address the committee. (Sexual misconduct hearings will follow guidelines outlined in the Sex Discrimination and Harassment policy). - In cases of sexual misconduct, the complainant and the respondent can have an advisor of their choice or attorney present during the grievance proceedings.
Time Periods and Limitations
Reasonable efforts shall be made by all parties to expedite the grievance process. A time limitation specified for either party may be extended by mutual agreement.
If there is no mutual written agreement to extend the time limits, and if a decision at one level is not appealed by the student to the next level of the procedure within the time limits specified, the right of the student to further appeal is terminated.