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Student Grievance and Due Process
 


 

STUDENT GRIEVANCE PROCEDURES

Conduct of the Hearing

Opening: The Committee Chairperson shall call the Hearing to order, introduce the participants, and announce the purpose of the Hearing.

Burden of Proof and Producing Evidence: Each party to the grievance may call witnesses and introduce oral and written testimony relevant to the issues of the grievance. The grievant(s) and the respondent(s) have the right to question all witnesses and to review all documents presented to the Formal Grievance Hearing Committee.

Formal rules of evidence shall not apply. Any relevant evidence shall be admitted.

The burden shall be upon the grievant to prove by a preponderance of evidence that the facts alleged are true.

Student Advocacy: The grievant(s) or the respondent(s) shall have the right to be assisted by a Student Advocate or by an individual of their choice. The grievant(s) or the respondent(s) may assist him or herself, or may be assisted by a person of the party's choice, except that neither the grievant(s) or the respondent(s) shall be entitled to representation by legal counsel.

Exclusion of Witnesses: The Hearing shall be closed and confidential, unless it is the request of both parties that the Hearing be open to the public. Any such request must be made in writing no less than five (5) days prior to the date of the Hearing.

In a closed Hearing, witnesses shall not be present at the Hearing when not testifying unless both parties and the Formal Grievance Hearing Committee agree to the contrary.

Tape-Recording: The Hearing shall be tape-recorded in accordance with the following procedures:

  • All oral testimony should be tape-recorded. If a person called upon to testify refuses to consent to being recorded, they may not testify at the Hearing.
  • At the beginning of every Hearing, all parties present for the Hearing shall orally identify themselves by name for the tape-recording.
  • The Committee Chairperson shall instruct all parties present for the Hearing to identify themselves when speaking and instruct all present that only one person is to speak at a time so the tape-recording will be understandable.
  • Only one tape-recorder shall be allowed for the Hearing. No other recording device may be allowed.

When the presentation of evidence is concluded, the Formal Grievance Hearing Committee's deliberations shall be confidential and closed to all parties. The Formal Grievance Hearing Committee's deliberations shall not be tape-recorded. Only those Committee members present throughout the hearing may vote on the decision.

The grievance file, including tapes and all documents, shall be retained in a secure location on campus for a period of four (4) years. The grievant(s) and the respondent(s) may have access, upon request, to the files and tapes through the Associate Dean of Student Affairs. The individual making the request pursuant to Board Rule shall pay the costs of any copies requested.

The Formal Grievance Hearing Committee shall meet and consider the relevance and weight of the testimony and evidence presented. This Committee shall reach a decision only upon the record of the Hearing and shall not consider matters outside of that record. Within five (5) days following the conclusion of the Hearing, this Committee shall issue a written recommendation that includes a statement of reasons for its conclusions.

The Committee's recommendation shall be forwarded to the Grievance Council through the Chief Student Services Officer with copies to the grievant(s) and the student respondent(s).

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