STUDENT GRIEVANCE POLICY
PREAMBLE
Hilbert College wishes to provide a means of both informal and formal dispute resolution for any student who has a complaint against a Hilbert College employee, coach, or volunteer. Disputes involving grade or academic issues are covered by separate policies. The College assures that no retaliatory action will be tolerated against a student who files a complaint.
A. DEFINITION OF TERMS
Reporting Party: The person(s) submitting the complaint.
Respondent: The person(s) against whom the complaint is made.
Complaint Committee: Complaint Committee, appointed by the President of Hilbert College at the beginning of the academic year, will be comprised as follows:
a. The Committee will consist of one representative from each of the following groups:
1. Faculty - member chosen by the Faculty Senate
2. Administration – to serve as chair selected by the President
3. Student - member chosen by the Student Government Association
4. Staff – member chosen by the Staff Senate
b. The term of service in the Committee will be for duration of the complaint process.
c. The Committee will operate as follows:
1. This is a four (4) person committee.
2. The representative of the Administration will serve as Chairperson.
3. A quorum shall consist of four (4) members.
B. PROCESS
Step One
Informal Resolution
Should any student believe that they have been unfairly treated by college personnel, informal contact between the student and faculty or staff member is encouraged to attempt to clarify or rectify the situation. An informal resolution is not appropriate in cases of sexual assault or violence of any kind.
Formal Resolution
Continued dissatisfaction following informal attempts to rectify complaints, or cases involving allegations of sexual assault or violence of any kind, would require that the matter be referred to the next stage of the process described below. Formal complaints must be submitted in writing.
Step Two
Should the Reporting Party remain unsatisfied, a written review may be submitted to the appropriate Vice President within ten (10) calendar days after meeting with the Respondent. Such written review shall set forth specifically the nature of the complaint, the facts relating thereto, and the Reporting Party’s reasons for rejection of the decision rendered in Step 1. The Respondent may submit a written reply to the Reporting Party with any appropriate and relevant documentation.
The Vice President will review the written statements from both parties within ten (10) calendar days and render a finding to attempt to resolve the situation. If the complaint is resolved at this meeting, both parties should sign a brief statement to that effect. Copies of this statement should be given to both parties and to the appropriate Vice President.
Step Three
If the matter is still not resolved, the Vice President should proceed to invoke a Complaint Committee as identified in A (3) above. Within ten (10) calendar days after receipt of the review, the Complaint Committee shall review the written statements and other information submitted by the Reporting Party, Respondent and Vice President.
The Committee will attempt to schedule a meeting among the parties within ten (10) calendar days to hear statements and afford all parties an opportunity to present any relevant information. At the conclusion of the meeting, the Committee will decide by majority vote on a resolution to the complaint. Within ten (10) calendar days, the Committee must make a written recommendation(s) of action in writing to the respective Vice President and simultaneously inform the Reporting Party and Respondent.
Step Four
If still dissatisfied, within ten (10) calendar days the Reporting Party may request review by the College President, in writing, of the recommendation(s) of the Complaint Committee and/or the action of the respective Vice President if that action is contrary to the recommendation of the Complaint Committee. Within ten (10) calendar days after receipt of the appeal, the President shall render a decision in writing. The decision of the President is final.
C. OPERATION OF THE COMPLAINT COMMITTEE
Authority of Committee - The Committee is empowered to hear a specific complaint and to render a decision regarding it. The Complaint Committee shall adopt standards and procedures of review which are suited to the process of dispute resolution.
Procedure of the Meeting
a. Rules of Operation
1. First Meeting - The Chairperson is to call a meeting of the Complaint Committee within ten (10) calendar days of receiving a complaint and to set the time and place for the meeting. The Reporting Party and the Respondent are to be informed in writing of the time and place of the meeting and be supplied with a copy of the procedures to be followed by the Committee.
2. Process - Any questions regarding process or procedure are to be settled by a majority vote of the Complaint Committee.
b. Documentary Material
Documentary material may be submitted that is relevant to the complaint. The person supplying this should submit one original to the office of the Chairperson of the Committee, at least seventy-two (72) hours prior to the meeting of the Committee. It is the duty of the Chairperson to disseminate this material with the other members of the Committee.
c. Participants and Observers
The Complaint Committee shall make every effort to hold its meetings to respect the individual privacy of the participants.
d. Length of Meeting
The Chairperson shall establish the length of the meeting, set the agenda, and decide on the relevancy of verbal and/or written communication, subject to a majority vote of the Committee.
e. Role of Advisors
Each principal (Reporting Party or Respondent) is entitled to bring an advisor to the meeting. The advisor is not a legal representative with the exception of cases handled in accordance with the Hilbert College Sexual Misconduct policy. In this circumstance only, the advisor may be an attorney. If the advisor is a paid advisor, the advisor will be at the party’s own expense. The function of the advisor is to give counsel to the principal whom they accompany. However, the advisor may not enter into any discussion with the Committee or question the other principal, or challenge the documentary material. The Committee may also appoint an advisor who may interact with the Committee at any time. The term “advisor” in this context does not necessarily mean the student’s academic advisor.
f. Questioning by the Committee
The Chairperson of the Committee has the right to interrupt the speaker at any time, or may recognize a committee member for this purpose, to ask for clarification, proof, or questioning of any statement. The principals will have an opportunity to question one another, subject to the discretion of the Chairperson.
g. Record of Meeting
The meeting is intended to be a means of dispute resolution. Hilbert College and the Complaint Committee will be responsible to make one authorized audio recording.
h. Decision of Committee
The Committee will vote in executive session on the recommendation(s) it will make regarding the complaint. These deliberations will not be recorded. The decision will be reached by majority vote. The Chairperson of the Committee is responsible for sending its decision in writing to both principals and to the Vice President.
i. Publication of Decision
The decision of the Committee will be communicated to the principals within ten (10) calendar days after the completion of the executive session of the Committee.
D. RECORD OF RESOLUTION
All written grievances, responses and documentation of resolution will be kept in the office of the President for a period of at least six years after the final disposition of the grievance.