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GRIEVANCE AND APPEALS POLICY
Skyline College is committed to the ideal that all students should
have recourse from unfair and improper action on the part of any member
of the college community. If a student feels that he or she has been subject
to unjust actions or denied his or her rights, redress can be sought through
the filing of a grievance or an appeal of the decision/action taken in
response to a grievance within the framework of policy and procedures.
Skyline College complies with Federal regulations (Title
IX of the Education Act of 1972, Section 504 of the Rehabilitation Act
of 1973, and the American Disabilities Act of 1992) designed to provide
equitable treatment of all students regardless of race, national origin,
sex, age, sexual orientation, or disability. Complaints of sexual
harassment, or discrimination should
be directed to the Human Resources Department of the San Mateo County
Community College District. For more information about procedures for
filing these complaints, please visit the San Mateo County Community College
District web site at http://www.smccd.net/hr/employment_policies.html.
Complaints may be submitted to the Vice Chancellor of Human Resources
at the District office.
Students filing grade grievances must be able to demonstrate
mistake, fraud, bad faith or incompetence in the academic evaluation of
their performance. In the absence of mistake, fraud, bad faith or incompetence,
the grade determined by the instructor shall be final. (Ed. Code Section
76224). Grade dispute grievances must be filed within one year of issuance
of the grade in dispute.
COLLEGE PROCEDURE
The following procedures summarize the appropriate college channels to
be utilized by students.
Informal Level:
Before initiating a formal grievance procedure, the student should attempt
to resolve the dispute informally with the professor, administrator or
staff member concerned. If the dispute is not resolved, the student may
initiate a formal grievance in accordance with the procedure set forth
below.
Formal Level:
Level 1: The initial grievance must be filed
with the administrator responsible for the area in which the dispute
arose. In presenting a grievance, the student must submit a formal grievance
form. Forms are available in the office of the Vice President of Student
Services and in the office of the Dean of Enrollment Services. The written
description of the grievance should include the following information:
1. A statement describing the nature of the problem and the action which
the student desires taken.
2. A description of the general and specific grounds on which the appeal
is based.
3. A statement of the steps initiated by the student to resolve the
problem by informal means, as prescribed above.
4. A listing, if relevant, of the names of all persons involved in the
matter at issue and the times, places, and events in which each person
so named was involved.
The administrator of the division shall review and investigate
the grievance. If a faculty or staff member is involved, the administrator
will apprise the individual of the alleged grievance. A written notice
of the decision shall be provided to the student normally within ten
(10) business days of receipt of the student's grievance. In the event
that the grievance is not resolved to the students satisfaction,
he or she may appeal the decision or action and will be advised in writing
of the process to do so.
Level 2: In the event that the
grievance has not been resolved at the first level, a student may follow
one of the next options:
Grade Grievances
Appeals must be in writing and should go directly to the Vice President
of Instruction. The appeal must be made within five (5) business days
after receipt of the written decision or action taken in response to
the initial grievance. The Vice President of Instruction will render
a decision within ten (10) business days after meeting with the student.
Appeals involving college policies
1. Appeals involving college policies should be in writing and submitted
to the appropriate Vice President. The appeal must be made within five
(5) business days after receipt of the written decision or action taken
in response to the initial grievance. The Vice President will render
a decision within ten (10) business days after meeting with the student.
2. Appeals involving college policies can also be brought before the
Academic Policy Appeals Committee. The student can submit the request
to the Hearing Officer, the Dean of Enrollment Services. The Hearing
Officer will convene the Academic Policy Appeals Committee (comprised
of faculty, staff and a student). The Hearing Officer will convene the
Academic Policy Appeals Committee within five (5) business days of the
request. A decision will be rendered within ten (10) business days after
meeting with the Committee.
In disputes involving degree and certificate requirements, the Vice
President of Student Services or Vice President of Instruction will
consult with the Academic Senate President or designee.
Level 3: In the event the President
of Skyline College is not involved in the second level, the student
may appeal in writing to the President to review the appeal within five
(5) business days after receipt of the decision or action. The President
shall provide the student with a hearing if requested and shall review
the appeal. A written notice of the Presidents decision shall
be provided to the student within ten (10) business days of the review
of the students written appeal. In the event that the Presidents
response is not satisfactory to the student, he or she may appeal the
Presidents decision or action to the Chancellor of the District.
At each level of appeal, the student shall be advised of his/her further
rights of appeal.
TIMELINES
a. If the appropriate staff member fails to transmit notice of the decision
to the student within the specified time period, the student will be allowed
to request a review at the next level of appeal as set forth in the procedures.
b. Failure of the student to file a written appeal within the specified
time period shall be deemed acceptance of the decision.
c. The designated time periods of this policy should be regarded as maximum
limits and every effort should be made to expedite the process. Time limits
may be extended by mutual agreement if circumstances indicate the desirability
of such an extension.
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