SA 2 Student Complaint Policy - Nevada State College
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SA 2 Student Complaint Policy

  • category:
    Administration
    All Policies
    Student Affairs
  • Policy Id#:
    SA 2
  • Effective Date:
    9/27/2018
  • viewing/downloading options:
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POLICY STATEMENT

This policy provides an avenue for students to file complaints related to alleged events or circumstances that are not otherwise covered by specific grievance or appeal policies, including, but not limited to, deceptive trade practices and fraud, as described in NSHE Code Title 4, Chapter 14, Sections 25-27. As part of the accreditation process, NSC must have a clear method by which students may file complaints. This policy provides a method for students to file complaints that are not explicitly covered by existing campus rules or policies.

DEFINITIONS

Complainant: The Student filing a complaint according to this policy.

Director: A unit director or supervisor who is authorized to investigate a complaint.

Respondent: The individual against whom a complaint is filed, or a designated representative of a unit or department against whom a complaint is filed.

Student: An individual (or their legal guardian, if the individual is under age 18 or is otherwise under the care of a legal guardian) who is currently enrolled (full- or part-time), or who was enrolled at the time the events or circumstances underlying the complaint first occurred.

Working Day: For the purposes of the Student Complaint Policy, a Working Day is Monday through Friday when college classes are scheduled and in session.

PROCEDURES

I. Basis for Complaint

A Student may file a complaint on the basis of an alleged claim of:

A. Failure to follow established NSC policies and regulations: The violation of policies and/or regulations must have had a direct and adverse impact on the Complainant’s academic record.

B. Clerical error: An error made by faculty or staff in reviewing, estimating, evaluating, or posting the Complainant’s record.

C. Prejudicial treatment: Faculty or staff applied a different standard to the Complainant than to other students in the same situation, and the differential treatment led to a direct, adverse impact on the Complainant’s record.

It is the responsibility of the Student filing the complaint to demonstrate by a preponderance of the evidence that established policies or procedures have not been followed; absent such evidence, the presumption is that procedures have been followed fairly.

II. Exemptions from Policy

The following matters are not handled as complaints within the scope of this policy:

A. All comments, complaints, or requests for appeal related to financial aid, which should be directed to the Director of Financial Aid at finaid@nsc.edu.

B. Grade appeals; except that illegal or improper conduct of a faculty member may be the subject of a complaint, separate from a grade appeal decision. Grade appeals are handled according to the Grade Appeal Policy and Procedure, as described in the NSC catalog.

C. Curriculum matters, including requests for waivers or substitutions of Core Curriculum or major course requirements. Curriculum matters are handled through the petitions process; contact the Petitions Office for more information.

D. Residency and graduation requirements, which are governed by campus policies included in the NSC catalog; questions should be directed to the Registrar’s Office.

E. Registration complaints and appeals, which should be directed to the Registrar’s Office.

F. Complaints involving sexual harassment or Title IX violations, which should be directed to the campus Title IX coordinator and HR director. Allegations of sexual harassment by students are handled according to NSHE Code Title 4, Chapter 8, Section 13.

G. Complaints related to employment at NSC, which should be directed to Human Resources.

H. Financial and payment issues, including assessment of tuition and fees, handling of past-due balances, and refunds. These should be directed to the Cashier’s Office.

I. Appeals of disciplinary actions, which are handled as described in the NSC Student Code of Conduct.

J. Complaints or appeals that are addressed by existing policies in the individual Schools.

K. Complaints that are not subject to possible resolution in a student grievance context. (For example, a student complaint where the student’s requested relief violates state or federal law.)

III. Complaint Process

A. Informal Complaints: Before filing a formal complaint, a Student must attempt to resolve the issue informally by addressing the complaint to the faculty or staff member most directly responsible for the alleged action(s) and/or decision(s) that resulted in the complaint, or to their direct supervisor.

B. Formal Complaints: If a complaint cannot be resolved informally, the Student may file a formal complaint. Formal complaints must be submitted electronically in written form; verbal complaints expressed to faculty or staff are not considered formal complaints.

The Student must file a formal complaint no more than fifteen (15) Working Days after the alleged incident or circumstances first occurred. Formal complaints are submitted using the online form found in the Student Affairs section of the policy library on the NSC website; students may contact the Dean of Students with questions about where to find the online form. The Complainant may withdraw a formal complaint at any time.

NSC has a strict policy of zero tolerance of actual or implied violence. If at any time the Complainant submitting a complaint engages in harassment or intimidation of anyone involved in the complaint process, the Complainant’s behavior will immediately become a disciplinary matter and will be referred to the Campus Conduct Officer and/or campus security.

Complaints submitted through the online form are routed to the Dean of Students. The Dean of Students reviews submissions and verifies that:

    1. A basis appears to exist for a complaint, as described in Section I above;
    2. The complaint is eligible for consideration under the Student Complaint Policy and does not fall into any of the exempt categories listed in Section II above.

If both requirements are satisfied, the Dean of Students will route the complaint to the appropriate unit director or supervisor (hereinafter “Director”) for the Respondent identified in the complaint; in cases where a complaint is related to one of the academic Schools, the Dean of Students will also notify the Dean of the appropriate school. If the submission does not meet the requirements for filing a complaint, the Dean of Students will inform the Complainant and the case will be dismissed.

Absent extraordinary circumstances, the Director has ten (10) Working Days to review a complaint, contact the Complainant and Respondent for any additional necessary information, and conduct an investigation as the Director deems necessary. The Director will prepare and send a formal written response within fifteen (15) Working Days of receiving the initial complaint; the response will include a summary of the complaint, the Director’s decision, a rationale for the decision, and the remedy for the complaint, if any.

In cases where extraordinary circumstances prevent the Director from completing the investigation within ten (10) Working Days, the Director will notify the Dean of Students and develop a revised timeline, which the Dean of Students will approve and communicate to the Complainant and Respondent. Extraordinary circumstances may include, but are not limited to, delays caused by the unavailability of faculty or staff essential to the investigation process.

C. Appeals: The Complainant or the Respondent may appeal the Director’s decision; appeals must be filed within ten (10) Working Days of receiving the Director’s decision. To file an appeal, the individual must email a letter to the Dean of Students indicating why the person disagrees with the complaint decision and the rationale for an appeal. The burden of proof in establishing a basis for overturning the original decision lies with the individual filing the appeal.

College Complaint Appeal Committee: The Dean of Students will appoint a College Complaint Appeal Committee consisting of three members. Two members shall be full-time, permanent NSC employees with positions at or above the level of the Respondent (e.g., if a complaint is filed against a unit director, the committee members must hold positions at the director or higher level). The third member shall be a currently-enrolled student appointed by the Nevada State Student Alliance (NSSA). The Dean of Students will appoint one of the NSC employees as the Committee chair. Any member who has a conflict of interest with the case, or who may have a personal bias, must ask to be dismissed from the Committee.

The Committee will schedule a meeting to occur within fifteen (15) Working Days of receiving the appeal materials; the Dean of Students will inform the Complainant and Respondent, via email, of the date of the meeting and the portions they are allowed to attend. The Complainant and the Respondent are encouraged to attend to answer any questions posed by the Committee. After hearing any relevant testimony from the parties to the complaint, the Committee will dismiss all non-Committee members and deliberate in private. The Committee will reach a final decision via majority vote; the Committee chair will send a decision letter to the Dean of Students no more than five (5) Working Days after the meeting. The Dean of Students will forward the appeals decision, via email, to the Complainant and Respondent. The appeals decision reached by the College Complaint Appeal Committee is final and is not subject to further appeal.

IV. Record Retention

NSC will follow the “FY + 3 years” retention period set forth in the NSHE Procedures and Guidelines Manual, Chapter 16; a copy of the complaint and decision will be kept for three (3) years past the fiscal year in which the Student graduates or the fiscal year of their last term of attendance at NSC.

FORMS/INSTRUCTIONS

CONTACTS

Stefanie Coleman, Dean of Students
Phone: 702-992-2511
Email: Stefanie.Coleman@nsc.edu

RELATED INFORMATION

None

HISTORY

In Spring 2017, NSHE directed campuses to develop a general student complaint policy.

APPROVALS

Approved by Faculty Senate Chair Dr. Zachary Woydziak, May 15, 2018.
Approved by Provost Dr. Vickie Shields, June 14, 2018.
Approved by Dr. Vickie Shields on behalf of President Bart Patterson, September 27, 2018.

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