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Administrative Regulation Student Grievances, Student Grade Appeals, Campus Judicial Board A. Student Grievances 1. Purpose a. The purpose of this procedure is to provide
a prompt and equitable means of resolving student grievances against actions by
GCC and GCC employees in areas including, but not limited to, the following: 1. The
exercise of rights of free expression protected by the 2. Violation
of published GCC rules, Board policies, and administrative regulations. b. This procedure does not apply to the
following: 1. Student disciplinary actions, which are
governed by the provisions of GCC Board Policy and Administrative Regulation
5420. 2. Police citations 3. Financial aid eligibility, probation,
and dismissal which are governed by the Financial Aid Appeals Process. 4. The evaluation of the professional
competence or job performance of a GCC employee. 2. Definitions a. The term “GCC” is defined as b. The term “student” is defined as a person
currently enrolled in GCC college credit and/or non-credit courses, a person
who has filed an application for admission to the college, or a former
student. A grievance by an applicant
shall be limited to a complaint regarding denial of admission. Former students shall be limited to grievances
relating to course grades to the extent permitted by Education Code Section
76224(a). c. The
term “GCC employee” includes any person employed by GCC performing assigned
administrative, professional, academic, or staff responsibilities. d. The term “shall” is used in the
imperative sense. e. The term “may” is used in the
permissive sense. f. The terms “policy” and “regulations”
are defined as the rules of GCC as found in publications including, but not
limited to, the college catalog, class schedule, student handbook, GCC Board
Policy and Administrative Regulations. g. The term “respondent” is defined as any
person claimed by a grievant to be responsible for the alleged grievance. h. The
term “instructional day” is defined as a day during which the college is in
session and regular classes are held. 3. Student Grievance Procedures a. Informal Resolution 1. Informal meetings and discussions
between persons directly involved in a grievance are essential at the outset of
a dispute and are encouraged at all stages.
2. Any
student who has a grievance shall make a reasonable effort to resolve the
matter on an informal basis with the GCC employee with whom he/she has the
grievance prior to requesting a grievance hearing. 3. If a
student cannot resolve a grievance directly with the involved GCC employee, the
student may request a meeting with the appropriate administrator/manager or
division chairperson. 4. The
administrator/manager or division chairperson shall meet with the student in an
attempt to resolve the issue, and may meet with the student and GCC employee
either jointly or separately. b. Administrative
Hearing 1. If no informal resolution is reached with
the administrator/manager or division chairperson that is satisfactory to the
student, the student may request an administrative hearing with the appropriate
senior GCC administrator as follows: a. Instructional
Services employees: Vice President, Instructional
Services or designee b. College
Services employees: Vice President, College Services or designee c. Administrative
Services employees: Vice President, Administrative Services or designee d. College
administrators: Superintendent/President or designee 2. The
student shall initiate the administrative hearing process by filing a written
statement of the grievance with the appropriate senior administrator identified
above within the next regular semester, as specified in the applicable class schedule,
following the events giving rise to the grievance. 3. The senior administrator holding the
administrative hearing shall meet with the student and GCC employee either
jointly or separately to hear both sides of the complaint. 4. The senior administrator shall attempt
to settle the grievance through mediation, negotiated agreement, or other
mutually acceptable resolution. 5. The senior administrator shall
communicate the final outcome or resolution to the involved parties within ten
(10) instructional days after the conclusion of the administrative
hearing. B. Student Grade Appeals 1. Introduction a. The
purpose of this procedure is to provide a prompt and equitable means of resolving
a student’s dispute of the assigned final grade for a course and academic
decisions (temporary removal from a lab or classroom setting) consistent with
the rights and responsibilities of the student, faculty member, and District. b. Inherent
in the traditional concept of academic freedom is the right of a faculty member
to be the sole judge of the academic standards employed in his/her classes and
to evaluate the quality of student work.
c. A
student has the right initially to an informal review and explanation of
his/her grade by the instructor who in turn has the obligation to provide such
a review. However, a student may only
appeal a grade or academic decision if he/she is prepared to carry his/her burden
of proving one or more of the following conditions as specified in California
Education Code Section 76224(a), California Code of Regulations Section
55760(a), and GCC Board Policy 5190: a mistake in the
assignment of the grade or in the process of its recording, or fraud, or bad
faith, or incompetence. d. The
student shall assume the burden of proof based on a preponderance of the
evidence in all grade appeal cases. e. The
student shall initiate the grade appeal process by filing a grade appeal form
with the instructor with copies to the division chair and appropriate dean
within the next regular semester, as specified in the applicable class
schedule, following the award of the original grade. 2. Grade Appeal Procedure a. Informal
Resolution 1. Informal meetings and discussions between
persons directly involved in a grade appeal are essential at the outset of a
dispute and are encouraged at all stages.
2. A
student who has a grade appeal shall make a reasonable effort to resolve the
matter on an informal basis with the instructor. 3. If a
student cannot resolve a grievance directly with the instructor, the student
may request a meeting with the appropriate division chairperson. 4. The
division chairperson shall meet with the student in an attempt to resolve the
grade appeal, and may meet with the student and GCC employee either jointly or
separately. 5. If
the student and instructor agree to an informal resolution, then the instructor
is advised to note in his/her grade records that the matter has been resolved. 6. If
the involved parties cannot find a mutually acceptable resolution and the
student requests to continue his/her pursuit of a grade appeal, then the
division chairperson shall refer the student in writing to the appropriate dean
or designee for an administrative conference, and shall provide the student and
dean a written statement indicating that an informal resolution was not
reached. b. Unavailability of the Instructor If
the instructor is unavailable to participate in the informal resolution process
(i.e. no longer employed by the District, no
available forwarding telephone number or contact address, failure to reply to
communications from the District), the division chairperson shall initiate the
following procedures: 1. The
division chairperson shall contact the appropriate dean or designee who shall
monitor the informal grade appeal process. 2. The
division chairperson shall convene a panel that includes two additional faculty members from the involved
instructional division to review the student’s grade appeal and attempt to
establish an informal resolution for the grievance. 3. If
the student and the faculty panel cannot find a mutually acceptable resolution
and the student requests to continue his/her pursuit of a grade appeal, then
the division chairperson shall refer the student in writing to the appropriate
dean or designee for an administrative conference, and shall provide the
student and dean a written statement indicating that an informal resolution was
not reached. c. Administrative
Conference If
the informal resolution process does not produce a result that is satisfactory
to the student, the student may request an administrative conference with the
appropriate dean or designee within ten (10) instructional days after the
completion of the informal resolution process as specified in Section
B(2)(a)(6) and Section B(2)(b)(3). The
appropriate dean or designee shall initiate the following procedures: 1. Within
ten (10) instructional days following the student’s request for an administrative conference, the
appropriate dean or designee shall arrange to meet with the involved parties
either jointly or separately to hear the student’s complaint and the
instructor’s response. 2. During
the administrative conference the appropriate dean or designee shall ensure
that each side has ample opportunity to state its case; determine the specific
facts in the grievance; attempt to resolve the matter through compromise,
negotiated settlement, or a recommendation that is satisfactory to all involved
parties. 3. If
the appropriate dean or designee cannot facilitate a mutually acceptable
resolution to the involved parties through the administrative conference and
the student requests to continue his/her pursuit of a grade appeal, then the
appropriate dean or designee shall advise the student of his/her right to
request a formal Campus Judicial Board hearing for the grade appeal. 3. Formal Grade Appeal Hearing If the informal hearing process does not produce a result
that is satisfactory to the student and he/she wishes to continue the grade
appeal process, then the student shall submit a written request for a Formal
Grade Appeal hearing with the appropriate dean or designee within ten (10)
instructional days after the completion of the administrative conference. The
appropriate dean or designee shall forward the Formal Grade Appeal hearing
request to the Campus Judicial Board Chairperson.
a. The
written request for a Formal Grade Appeal hearing shall 4. Formal Grade Appeal Procedures a. The Campus Judicial Board Chairperson shall send written
notification of the Formal Grade Appeal hearing to the student, instructor,
division chairperson, appropriate dean or designee, and Vice President of
Instruction within ten (10) instructional days after the receipt of the Formal
Grade Appeal. This notification shall
include the date, time, and location of the Campus Judicial Board hearing. b. The
Campus Judicial Board shall conduct the Formal Grade Appeal hearing no earlier
than ten (10) instructional days after the student and instructor have been
officially notified of the hearing 5. Campus
Judicial Board Hearing Procedures: a. Campus
Judicial Board hearings shall be closed and confidential unless all parties and
the Campus Judicial Board agree to a public hearing. In a closed hearing, witnesses shall be
present in the room only when testifying, unless all parties and the Campus
Judicial Board agree to the contrary. b. Each
party to the Formal Grade Appeal shall have the right to representation by
counsel of their choice at their expense. The student shall notify the Campus
Judicial Board Chairperson if they will be represented by legal counsel at
least five (5) instructional days prior to the hearing. c. Each
party shall have the right to present oral and written statements, witnesses,
and other relevant evidence as appropriate. d. Each
party shall have the right to examine evidence and supporting documents. e. Formal
rules of evidence shall not apply. Any
relevant records, exhibits and written statements may be accepted as evidence
at the discretion of the Campus Judicial Board Chairperson in consultation with
the Campus Judicial Board. f. The
hearing shall be recorded by electronic means such as audio or videotape, or by
court reporting service. Only recording
devices furnished by the Campus Judicial Board shall be permitted into the
hearing. Any witness who refuses to be
recorded shall not be permitted to testify.
g. The
tapes or transcript of the proceeding shall remain the property of GCC. The
Campus Judicial Board Chairperson shall furnish a copy of the record to either
party at their request. h. At
the beginning of every Campus Judicial Board hearing, all parties present shall
be orally identified by name for the record. i. The
Campus Judicial Board Chairperson shall instruct all parties present at the
formal hearing to identify themselves when speaking and instruct all present
that only one person is to speak at a time so the recording will be
understandable. j. In
consultation with the Campus Judicial Board, the student shall have the right
to be served by a translator or qualified interpreter to ensure his/her full
participation in the proceedings. k. The
Campus Judicial Board Chairperson in consultation with the Judicial Board shall
be responsible for determining the relevancy of presented evidence and
testimony, number of witnesses permitted to testify, and the time allocated for
testimony and questioning. l. The
Campus Judicial Board Chairperson in consultation with the Judicial Board shall
be responsible for instructing and questioning witnesses. m. The
Campus Judicial Board Chairperson in consultation with the Judicial Board shall
be responsible for dismissing any witnesses who are disruptive or fail to
follow instructions. n. The
Campus Judicial Board Chairperson in consultation with the Campus Judicial
Board shall have the final decision on all procedural questions. o. Campus
Judicial Board members and District employees who participate in Formal Grade
Appeal hearings shall abide by all applicable State and Federal laws governing
the privacy and confidentiality of student educational records. 6. Campus Judicial Board Deliberations and
Reporting Procedures a. The
Campus Judicial Board shall deliberate in closed session. These deliberations shall not be
electronically recorded and the proceedings shall be confidential. b. Based
on the examination of supporting documents and the verbatim record of the
hearing, the Campus Judicial Board may take the following actions: 1. Accept
the Formal Grade Appeal and recommend an administrative grade change. 2. Reject the Formal Grade Appeal. 3. Make related recommendations as appropriate. c. The
Campus Judicial Board shall issue a written decision that includes a summary of
the Formal Grade Appeal, specific factual findings and conclusions regarding
whether a rationale for a grade change has been established according to
applicable laws, and recommendations for the relief, if any, that should be
afforded to the student. d. The
Campus Judicial Board shall issue a written report of their findings including
recommended actions to the Superintendent/President for a final review and
decision within fifteen (15) instructional days after the Formal Grade Appeal
hearing. 7. Final Review by the
Superintendent/President a. After
receiving the report of findings and recommended actions from the Campus
Judicial Board, the Superintendent/President
may at his/her discretion take the following actions: 1. Accept
the Campus Judicial Board findings and implement the recommended actions. 2. Accept
the Campus Judicial Board findings and implement lesser actions than those that
were recommended. The College
Superintendent/ President may reduce but not increase the recommended actions
of the Campus Judicial Board. 3. Remand
the case back to the Campus Judicial Board for reopening of the hearing to
allow for reconsideration of the original findings or recommended actions. 4. Reject
the Campus Judicial Board findings and recommended actions. b. Within
ten (10) instructional days following the receipt of the Campus Judicial
Board’s decision and recommendations, the Superintendent/President shall send a
written decision to the involved parties that includes his/her specific factual
findings, conclusions, and directives. c. The
Superintendent/President’s decision shall be final and binding in all Formal
Grade Appeal hearings. C. Campus
Judicial Board 1. Campus Judicial Board Chairperson a.
a. The Superintendent/President shall
nominate a tenured faculty b. The nomination shall be confirmed by a
majority of the Academic c.
c. The Chairperson shall serve a one-year
term. There shall be no d.
d. If the Chairperson’s seat becomes
vacant, or a nominee is not 2. Campus Judicial Board Composition a.
a. The Superintendent/President shall establish
a pool of a b. Student
appointments shall be made by the Associated Students c. Faculty appointments shall be made by the Academic Senate. d. Classified staff appointments shall be made by the
California e. Administrator appointments shall be made by the
f. Appointments to the Campus Judicial Board pool shall be
made
3. The Campus Judicial Board Chairperson shall select the membership
of a. Campus Judicial Board hearing panels for student discipline
b. Campus Judicial Board hearing panels for student grade
appeals
a. No person shall serve as a member of the Campus Judicial
Board
b. Campus
Judicial Board members shall ensure that all Board
c. The
Campus Judicial Board Chairperson shall ensure that all Board
d. The
Chairperson shall maintain records of all Campus Judicial Reference: Education Code Sections 76200 et. seq.,
76120, 76224(a); Adopted: Revised: |
