Grievance Policy – Non Academic Issues

The right to each student to resolve grievances with the University is affirmed and specific appeal procedures are herewith established to assure timely and appropriate consideration of each grievance. Student grievances generally originate at the department level and the resolution of the grievance is first sought at the department level.

None

NON-ACADEMIC ISSUES ONLY

For grievances on non-FERPA issues, the student will follow the steps listed in Section I:

STUDENT GRIEVANCE PROCESS for Non-FERPA Issues. If the grievance is regarding a FERPA issue, the student should follow the steps listed in Section II below: STUDENT GRIEVANCE PROCESS for FERPA Issues. If the grievance is regarding a Sexual Harassment issue, the student should follow the steps listed in Section III below: STUDENT GRIEVANCE PROCESS for Sexual Harassment Issues.

The President of the University is the final arbitrator of all grievances. It is the desire of the University to settle all grievances as expeditiously as possible. In rendering a decision during the grievance procedure, it is the responsibility of the University to provide the student with written notification. The relevant Non-Academic Student Grievance Report form will be initiated by the first person receiving the student’s grievance in each of the three processes outlined below. All non-academic student complaints will be archived by the Office of Student Affairs. Grievance files must be retained for a minimum of five years.

I.     STUDENT GRIEVANCE PROCESS for Non-FERPA Issues

1.  [a] The student should present to the staff member a signed, dated, written statement of grievance within fifteen working days of the cause of complaint. The staff member involved will render a decision within fifteen working days of receipt of the grievance, [b] initiating the Non-Academic Student Grievance Report (Non-FERPA). [c] All documents must be retained for a minimum of five years; upon sending the response to the student, the staff member will ensure that the complete appeals file is delivered to the Office of Student Affairs.
2. If the problem is not resolved to the satisfaction of the student, the student is entitled to submit an appeal in writing (with documentation) to the immediate supervisor or department head within fifteen working days. After reviewing the appeals file retrieved from the Office of Student Affairs, the supervisor/department head involved will render a decision within fifteen working days of receipt of the grievance. All documents must be retained for a minimum of five years; upon sending the response to the student and the staff member, the supervisor/department head will ensure that the complete appeals file is delivered to the Office of Student Affairs.
3. If the matter is not resolved to the satisfaction of the student, the student is entitled to submit an appeal in writing (with documentation) to the Vice President for Student Affairs within fifteen working days. The Vice President for Student Affairs will render a decision within fifteen working days. All documents must be retained for a minimum of five years; upon sending the response to the student, the staff member, and the supervisor, the Vice President for Student Affairs will ensure that the complete appeals file is retained by the Office of Student Affairs.
4. The student may appeal the decision of the Vice President for Student Affairs by requesting in writing, within fifteen working days, a hearing before the Appellate Committee. The Appellate Committee comprises seven members appointed by the President of the University: four faculty members and three student representatives. During this official hearing, a student may either represent himself or be advised by legal counsel of his or her choice. Legal counsel may speak only at the discretion of the chair of the committee. After reviewing the appeals file retrieved from the Office of Student Affairs, the Appellate Committee notifies the student in writing of its decision within fifteen working days from the date of the hearing, with a copy to the staff member and unit supervisor. All documents must be retained for a minimum of five years; the committee chair will ensure that the complete appeals file is delivered to the Office of Student Affairs.
5. If the problem is not resolved to the satisfaction of the student, the student is entitled to submit an appeal in writing to the President of the University within fifteen working days of the date of the Committee’s notification. After reviewing the appeals file retrieved from the Office of Student Affairs, the University President notifies the student, staff member, and unit supervisor in writing of his/her decision, which is final, within fifteen working days of receipt of the appeal, with a copy to the chair of the Appellate Committee. All documents must be retained for a minimum of five years; the University President will ensure that the complete appeals file is delivered to the Office of Student Affairs.

Step 1: Staff Member
Step 2: Immediate supervisor and/or head of department Step 3: Vice President for Student Affairs
Step 4: Appellate Committee
Step 5: President of the University

II.        STUDENT GRIEVANCE PROCESS for FERPA Issues

The rights of each student to privacy of educational records, as outlined in the Family Educational Rights and Privacy Act (FERPA), are affirmed by the University.

1. To initiate a grievance of a matter covered by FERPA, the student should present a signed, dated, written statement of grievance to the University Registrar. The Registrar will render a decision within fifteen working days of receipt of the grievance, initiating the Non-Academic Student Grievance Report (FERPA). All documents must be retained for a minimum of five years; upon sending the response to the student, the Registrar will ensure that the complete appeals file is delivered to the Office of Student Affairs.
2. If the grievance is not resolved to the satisfaction of the student, the student is entitled to submit an appeal in writing (with documentation) within fifteen working days to the Vice President for Student Affairs. The Vice President for Student Affairs will render a decision within fifteen working days of receipt of the grievance. All documents must be retained for a minimum of five years; upon sending the response to the student and to the Registrar, the Vice President for Student Affairs will ensure that the complete appeals file is retained in the Office of Student Affairs.
3. The student may appeal the decision of the Vice President for Student Affairs by requesting in writing, within fifteen working days, a hearing before the Appellate Committee. The Appellate Committee comprises seven members appointed by the President of the University: four faculty/staff members and three student representatives. During this official hearing, a student may either represent himself or be advised by legal counsel of his or her choice. Legal counsel may speak only at the discretion of the chair of the committee. After reviewing the appeals file retrieved from the Office of Student Affairs, the Appellate Committee notifies the student and University Registrar in writing of its decision within fifteen working days from the date of the hearing. All documents must be retained for a minimum of five years; upon the Committee’s sending the response to the student and University Registrar, the committee chair will ensure that the complete appeals file is delivered to the Office of Student Affairs.
4. If the problem is not resolved to the satisfaction of the student, the student is entitled to submit an appeal in writing to the President of the University within fifteen working days of the date of the Committee’s notification. After reviewing the appeals file retrieved from the Office of Student Affairs, the University President notifies the student and the University Registrar in writing of his/her decision, which is final, within fifteen working days of receipt of the appeal, with a copy to the chair of the Appellate Committee. All documents must be retained for a minimum of five years; the University President will ensure that the complete appeals file is delivered to the Office of Student Affairs.

Step 1: University Registrar
Step 2: Vice President for Student Affairs
Step 3: Appellate Committee
Step 4: President of the University

III.           STUDENT GRIEVANCE PROCESS for Sexual Harassment Issues

Sexual harassment is illegal under both state and federal law. It is the policy of Delta State University to ensure that the University community remains free from sexual harassment. Any student (or employee) who violates this policy is subject to disciplinary action. Unwelcome sexual advances, request for sexual favors, and other verbal or physical conduct of a sexual nature constitute sexual harassment when:

1. submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s education,
2. submission to or rejection of such conduct by an individual is used as the basis for academic decisions affecting that individual,
3. such conduct has the purpose or effect of substantially interfering with an individual’s academic performance or creating an intimidating, hostile, or offensive education or living environment. Deans, division/department chairmen, and department heads must take appropriate steps to disseminate this policy statement and to inform students of procedures for lodging
   1. To initiate a grievance regarding sexual harassment, the student should present a signed, dated, written statement of grievance 1) to the Director of Human Resources if the grievance is against a faculty/staff member; or 2) to the Vice President for Student Affairs if the grievance is against a student. The Director of Human Resources or the Vice President for Student Affairs will render a decision within fifteen working days of receipt of the grievance, initiating the Non-Academic Student Grievance Report (Sexual Harassment). All documents must be retained for a minimum of five years; upon sending the response to the student, the complete appeals file will be delivered to the Office of Student Affairs.
   2. If the matter is not resolved to the satisfaction of the student by the Director of Human Resources or the Vice President for Student Affairs, the student is entitled to request in writing, within fifteen working days, a hearing before the Appellate Committee. The Appellate Committee comprises seven members appointed by the President of the University: four faculty/staff members and three student representatives. During this official hearing, a student may either represent himself or be advised by legal counsel of his or her choice. Legal counsel may speak only at the discretion of the chair of the committee. After reviewing the appeals file retrieved from the Office of Student Affairs, the Appellate Committee notifies the student and the appropriate parties (HR/VPSA/VPAA) in writing of its decision within fifteen working days from the date of the hearing. All documents must be retained for a minimum of five years; upon the Committee’s sending the response to the student and the appropriate parties, the committee chair will ensure that the complete appeals file is delivered to the Office of Student Affairs.
   3. If the problem is not resolved to the satisfaction of the student, the student is entitled to submit an appeal in writing to the President of the University within fifteen working days of the date of the Committee’s notification. After reviewing the appeals file retrieved from the Office of Student Affairs, the University President notifies the student and Director of Human Resources or Vice President for Student Affairs in writing of his/her decision, which is final, within fifteen days of receipt of the appeal, with a copy to the chair of the Appellate Committee. All documents must be retained for a minimum of five years; the University President will ensure that the complete appeals file is delivered to the Office of Student Affairs.

Step 1: Director of Human Resources or Vice President for Student Affairs
Step 2: Appellate Committee
Step 3: President of the University

Grievances shall not encompass the quality of instruction, the difficulty of testing, the rigor of grading, or the appropriateness of the course requirements. The judgment of what standards are appropriate resides with the instructor, unless there is compelling evidence that those standards are arbitrary or capricious.

At every step, the correspondences from the chair, the dean, and the Committee shall designate the date by which the next action, if indicated, shall be initiated by the student or respondent.

Responsible Office and/or Policy Owner: Office of Student Affairs

• Non-Academic Student Grievance Report (non-FERPA)
• Non-Academic Student Grievance Report (FERPA)
• Non-Academic Student Grievance Report (Sexual Harassment)

Active

Last Change/Approval Date:

Academic Council: 4/25/2019
Cabinet: 5/22/2019, 3/8/2021