APPENDIX II
Student Grievance
I. PURPOSE
Students are encouraged to pursue academic studies and other
college sponsored activities in order to promote intellectual
growth and personal development. In seeking these ends,
students should be free from improper interference by other
members of the college community. A grievance may be
initiated by a student whenever the student believes that she or
he has been subject to unjust actions or denied normal rights
as stipulated in college regulations and in the State Education
and Administrative Codes. A grievance may be initiated by a
student against any other student or employee of the college.
II. DEFINITION
A grievance is an allegation of unjust action or denial of student
rights. A grievance exists only when a specific educational
wrong has occurred to a single student. This wrong must
involve an unjust action or denial of student rights as defined
in a specified college, college district or superior legal covenant
or judgment. A grievance exists only when such an error or
offense has some demonstrably correctable result. The outcome
of a grievance must produce a tangible benefit to the student
complaining or an actual redress of the wrong rather than a
punishment for the person or persons found in error.
III. PROCEDURES
A. INFORMAL PROCESSES
When a student believes that a personal injustice has been
sustained, an attempt should first be made to resolve the
concern by informal means. Consultation should be made
with the student, faculty member, administrator or classified
person involved in order to seek direct resolution. If this
process fails or, for some reason, cannot be accomplished,
the aggrieved student should confer with the direct supervisor
of the person allegedly causing the problem. If both of
these steps are unsuccessful, the aggrieved student should
discuss the problem with the Executive Vice President of
Student Learning or designee.
B. FORMAL PROCESSES
If the aggrieved student believes that the informal
consultation processes mentioned in IIIA have failed, the
procedures and rules described below must be followed by
both the student and the college. This process represents
the formal grievance procedure of the college. However,
the entire formal grievance process shall be discontinued
at any time the parties can informally agree on a mutually
satisfactory result. All formal records will be destroyed in
this instance. Resolution of grievances may not abrogate
state or federal laws and applicable Board of Trustees� rules
and policies.
1. A college Grievance Committee shall be established by
the College President at the opening of each academic year. This committee shall be composed of one faculty
member, one enrolled student and one administrator.
The chairperson will be designated by the President.
Committee members are appointed by and serve at the
pleasure of the President. If, in the judgment of either
participant in a formal grievance or the President, a
conflict of interest or bias exists with any committee
member, that member will be excused and a substitute
258 Appendices Ventura College Catalog 2011 - 2012
appointed for the case in question only.
A formal grievance must be filed with the Executive
Vice President of Student Learning or designee within
90 calendar days of the final event in a sequence of
events, if any. The 90-day period shall commence on
the day of the event or on the day of first knowledge of
the event by the complaining party. Proof of the latter
delayed date is the responsibility of the complaining
party.
2. A formal grievance exists when the Executive Vice
President of Student Learning or designee receives a
signed written charge specifying the time, place and nature of the injury from the aggrieved student. This written charge should be dated and must be on behalf of an individual student only. Group or class action grievances are not permitted. This charge must also clearly specify the informal consultation attempts made and described in Section A.
3. The Executive Vice President of Student Learning or
designee will verify the completeness of the written
charge and present the charge to the Grievance Committee within fourteen calendar days of receipt.
4. The Grievance Committee will review the charges made (Section B.2) within seven calendar days and request a response in writing from the person accused. This person must reply within ten calendar days. Upon receipt of this response, the committee shall meet and recommend to the President that (a) the case be dismissed or (b) the reasonable cause for a hearing exists. This action must take place within seven calendar days.
5. The President will then either dismiss the case with the reasons set out in writing to both parties and request that the Grievance Committee hold a formal hearing. The President must take this action within seven calendar days of receipt from the committee (Section B.4).
6. Formal hearing procedures:
a. A hearing will be called by the chairperson within
thirty calendar days of receipt of the President's
request (Section B.5).
b. Both parties will be asked to attend the hearing and
will be given sufficient notice in writing as to the time
and place. Notice shall be given by certified mail at
least ten calendar days prior to the hearing date.
c. At the time of the hearing, the chairperson shall state
the charge. The committee shall hear testimony, examine witnesses and receive all evidence pertaining to the charge.
d. Both parties shall have the right to present statements,
testimony, evidence and witnesses. Each party shall
have the right to be represented by a single advisor but not a licensed attorney.
e. The accused person and/or representative may be
present as well as the aggrieved person and/or his/
her representative. No other persons except scheduled single witnesses and the Grievance Committee members shall be present.
f. The person making the charge shall assume the burden
of proof. Hearings shall be closed and confidential.
g. The hearing shall be recorded by the District by electronic means such as audiotape, videotape, or by court reporting service and shall be the only recording made. No other recording devices shall be permitted to be used at the hearing.
h. The committee shall judge the relevancy and weight of testimony and evidence. It shall make its findings on fact and limit investigation to the formal charge.
It shall also make a recommendation for disposition
of the charge to the college President. Actions in this
procedure shall be completed within thirty calendar days following the close of the hearing.
i. The committee shall submit its findings of fact
and recommend action to both parties and to the
President of the college. Upon receipt of the findings
and recommendations, the President of the college
shall:
(1) concur with the committee�s recommendation.
(2) not concur with the committee�s recommendation.
(3) take alternative action.
(4) The college President shall state in writing the reasons for the action taken on the committee�s recommendation. The President shall act within 21 calendar days.
j. If either party does not agree with the decision of
the college President at this time, an appeal may
be made to the Chancellor of the Ventura County Community College District within five calendar days. The Chancellor�s decision will be final.
k. Records of all proceedings shall be maintained by
the college President in accordance with rules of
confidentiality and board/state/federal laws, rules,
regulations and contracts. Insertion of information
regarding a case in employee�s personnel records
will only be made in compliance with board/state/
federal laws, rules, regulations and contracts.
259 Appendices Ventura College Catalog 2011 - 2012
Ventura College Catalog 2011-2012 Addendum
Appendix II (Pages 258-259) is now replaced with the following:
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