TABLE OF CONTENTS
110.00
POLICY ON STUDENT GRIEVANCE PROCEDURES
111.00 Chancellors shall develop
and submit for approval by Student Academic Services in the office of the president,
and in consultation with the office of general counsel, procedures to resolve
grievances that claim to have been the subject of any of the following types
of university action:
111.10 Violation of the privacy
rights accorded by the federal
Family Educational Rights and Privacy Act of 1974, portions of the state of
California
Education Code, and the University
of California Policies Applying to the Disclosure of Information from Student
Records (see Section 130.00);
111.20 Discriminatory practices
based upon sex, under Title IX of the Education
Amendments of 1972 or applicable federal or state laws, or under the Student-Related
Policy Applying to Nondiscrimination on the Basis of Sex (see
Section 150.00 of the UC Policies) and the University
of California Santa Cruz Sex Offense Policy (see
Appendix F);
111.30 Discriminatory practices
based upon disability, under Section 504 of the Rehabilitation
Act of 1973 or the Americans
with Disabilities Act of 1990 or under the University of California Guidelines
Applying to Nondiscrimination on the Basis of Disability (see
Section 140.00);
111.40 Discriminatory practices
based upon race, color, or national origin, under Title VI of the Civil
Rights Act of 1964 (see
Appendix C); and
111.50 Other types of actions
that may be grieved, such as discrimination on the basis of sexual orientation,
age, or marital status, as specified in campus regulations.
112.00 Campus student grievance
procedures shall be developed with student consultation, and shall at a minimum,
meet the requirements of applicable federal anti-discrimination and privacy
laws. Once adopted, they shall serve as the sole remedy within the university
for nonacademic student grievances brought pursuant to any such law.
113.00
As provided in state law, civil or criminal law remedies, including injunctions,
restraining or other court orders, and monetary damages also may be available
to complainants.
114.00 Assignment of grades
to students enrolled in university classes is the exclusive prerogative of university
faculty. Grade-related and other academic grievances are covered under separate
policies established in consultation with the Academic Senate (see
Appendix G).
115.00
UCSC STUDENT GRIEVANCE PROCEDURES
115.10
The Campus
Judicial Board also serves as Student Grievance Board for administrative review
(see
Sections 115.21-28).
115.11
For alleged violations of a student's privacy rights, "student" is defined to
include any individual who has been admitted to and has enrolled in, or registered
with, any academic program of the university.
115.12
For alleged violations of university and campus policy, the term “student”
means an individual for whom the university maintains student records and who:
a.
is enrolled in or registered with an academic program of the university;
b.
has completed the immediately preceding term and is eligible for re-enrollment,
including recess periods between academic terms; or,
c.
is on an approved education leave or other approved leave status or in on filing
fee status.
115.13
OFFICE OF RECORD: The office of Student Judicial Affairs shall serve as the
office of record. Student grievances related to this procedure shall be sent
or given to the director, Student Judicial Affairs.
115.14
RESOURCES: The following resource persons can provide assistance and advice
regarding specific types of grievances and processes for filing a grievance:
a.
Doug Zuidema, director, Student Judicial Affairs at 459-1738, 125 Hahn Student Services Building, for grievances of alleged discrimination based on race, color
or national origin, sexual orientation, disability or handicap, and incidents
of hate/bias.
b.
Rita Walker, Title IX/Sexual Harassment Officer at 459-2462, 29 Kerr Hall, for
grievances based on alleged sexual harassment, sexual assault, and rape.
Students
are encouraged to consult with the UCSC Americans with Disabilities Act (ADA)
compliance officers for information about recommendations or filing complaints,
in connection with disability-related issues. Following are the designated campus
officials who can assist with filing and resolving grievances of alleged discrimination
based on disability or handicap:
a.
Patti Hiramoto, director EEO/Affirmative Action, at 459-1590 (voice/TDD), for
employment issues. Located at 470A McHenry Library. FAX: 459-2670.
Email: hiramoto@ucsc.edu
b.
Sharyn Martin, director, Disability Resource Center, at 459-2089 (voice), 459-4806
(voice/TDDTTY) compliance officer for ADA student progam access. Located at
146 Hahn. FAX: 459-3895, Email: sharyn@ucsc.edu
c.
Doug Zuidema, director, Student Judicial Affairs, at 459-1738 (voice), complaint
resolution officer for ADA student program access, 459-4806(TDDTTY). Located
at 125 Hahn. FAX: 459-7013, Email: dzuidema@ucsc.edu
d.
Susan Willats, compliance officer for ADA facilities, transportation and computing
access, at 459-3759 (voice/TDD). Located at 183 Nat. Sci. 2. FAX: 459-3895,
Email: willats@ucsc.edu
e.
Pam Hunt-Carter, Associate Registrar at 459-4412, for questions based on the
alleged violation of university policy related to privacy of student records.
Located at 190 Hahn Student Services. Email: phcarter@ucsc.edu
115.15
INFORMAL RESOLUTION
Any
student who believes that the Santa Cruz campus or any administrative subdivision
or employee thereof has violated university policy or campus regulations is
encouraged to attempt to resolve the matter informally. Applicable violations
include: student privacy rights; sexual harassment; or discrimination based
on age, creed, ethnicity, race, gender, gender identity, physical ability, political
views, religion, sexual orientation, or socio-economic status. Actions must
have resulted in injury to the student. Resolution can be with either the party
alleged to have committed the violation, or with the head of the unit. The campus
ombudsman, director, Student Judicial Affairs, college administrative officers
and college staff are available to assist students with informal resolutions.
The ombudsman is located in 489 McHenry Library and the phone number is 459-2073.
Please contact the director, Student Judicial Affairs at 459-1738 for information
about timeline provisions. Allegations of student mis-conduct are exempt from
the grievance process as the student maintains rights of due process in the
form of appeal or a formal hearing on the charges.
Students are encouraged to consult the Title IX/Sexual Harassment Officer for
information about recommendations or remedies in connection with charges of
sexual harassment or sexual assault, including rape. The Title IX grievance
procedure is described in the UCSC
Sex Offense Policy
(see
Appendix F.)
115.16
FORMAL GRIEVANCE / RESOLUTION
Resource
persons listed in Section 115.14, shall provide upon request information on
available grievance options and pertinent legislation and the university’s
effort to comply with that legislation. Students who have filed a complaint
regarding discrimination in campus activities and programs may also have civil
law remedies, including but not limited to, injunctions, restraining orders,
or other court orders available to them.
115.17
FILING A FORMAL COMPLAINT
The
following outlines the procedures for formal resolution using the internal campus
process:
If
an informal resolution is unsuccessful or if the student doesn’t want
an informal resolution, the student may file a formal complaint with the associate
vice chancellor, Student Affairs within thirty (30) calendar days of the time
at which the student knows or could be reasonably expected to have knowledge
of the alleged violation. When the violation occurs at the end of an academic
quarter, a formal complaint may be filed within thirty (30) working days of
the beginning of the succeeding academic quarter. A formal complaint must include
a detailed explanation of the specific action being grieved, specific policy
and/or regulation alleged to have been violated, the harm caused to the student,
and the requested remedy.
115.18
INVESTIGATION
The
associate vice chancellor, Student Affairs shall furnish a copy of the formal
complaint within five (5) working days of receipt, to the director, Student
Judicial Affairs, and the unit head in which the alleged violation occurred
and ask for a response.
115.19
UNIT HEAD RESPONSE
The
head of the unit in which the alleged violation occurred must file a response
within ten working days of the receipt of the formal complaint. The written
response to allegations should be given to the director, Student Judicial Affairs,
with a copy to the grievant.
115.20
ADMINISTRATIVE RESOLUTION
The
director, Student Judicial Affairs shall use the unit head response to conduct
an investigation of the circumstances of the alleged violation and attempt to
seek an administrative resolution. Findings shall be reported to the associate
vice chancellor Student Affairs and to the unit head within ten (10) working
days of receipt of the response from the unit head and no later than thirty
(30) working days from the receipt by the associate vice chancellor, Student
Affairs of the original formal complaint. A written summary of findings will
be provided to the student and the unit head. Both the student and the unit
head may request an appointment with the director, Student Judicial Affairs
or designee, to review the entire report of findings (redacted version as appropriate
to comply with campus regulations or state and federal laws).
115.21
REQUEST FOR AN ADMINISTRATIVE REVIEW
The
student must notify the associate vice chancellor, Student Affairs in writing
if s/he desires an administrative review of the resolution within five (5) working
days from the receipt of the resolution from the director, Student Judicial
Affairs.
If
the student is to be assisted by an advisor or support person, the name of that
person must also be provided in writing at the same time an administrative review
is requested. Students assisted by an advisor or support person must sign a
release of information before the review authorizing the representative to receive
copies of relevant materials.
Campus
Judicial Board member(s) serving as a support person or advocate shall excuse
him or herself from the review.
If
the student will be advised by legal counsel, the university reserves the option
of reasonable time extensions to allow consultation with university General
Counsel.
115.22
ADMINISTRATIVE REVIEW ARRANGEMENTS
The
associate vice chancellor, Student Affairs or designee shall arrange for an
administrative review within thirty (30) working days of the student request
with the Campus Judicial Board. At least fifteen (15) days’ notice of
the time and place for the review shall be given to the grievant, witnesses,
and Board members. Administrative reviews are convened only during the fall,
winter and spring quarters.
115.23
ADMINISTRATIVE REVIEW SCOPE AND AUTHORITY
The
scope of the administrative review is limited:
a.
to matters raised in the original written formal complaint;
b.
to a determination of whether the student has been damaged or injured by a violation
of university policy based on discrimination based on age, creed, ethnicity,
race, gender, gender identity, physical ability, political views, religion,
sexual orientation, or socio-economic status; or
c.
to student privacy rights; or
d.
to a review of the process (fact finding, resolution and remedy) of the director,
Student Judicial Affairs.
The
administrative review conducted by the Campus Judicial Board shall be based
on written submissions and may include written inquiries and requests for additional
information. When the Campus Judicial Board’s review is complete, they
shall submit written findings and recommendations for possible remedies to the
associate vice chancellor, Student Affairs or designee for consideration.
115.24
AVAILABILITY OF INFORMAL RESOLUTION
The
grievant may request that the director, Student Judicial Affairs arrange an
informal resolution at any stage in the administrative review process.
115.25
CAMPUS JUDICIAL BOARD
The
vice chancellor, Student Affairs shall appoint a Campus Judicial Board (see
Section 108.10
of the Student
Policies
and Regulations Handbook
for the membership of this Board).
115.26
RETENTION OF RECORDS
The
university shall retain all records pertaining to the administrative review
for a period of seven (7) years. Student records may be kept longer at the discretion
of the director, Student Judicial Affairs.
Explanations
placed in the student records of an individual seeking to correct a record shall
be retained as long as the contested portion of the record is retained.
115.27
THE BOARD’S REPORT OF FINDINGS
The
chair of the Campus Judicial Board shall report the findings of the administrative
review to the associate vice chancellor, Student Affairs or designee within
five (5) working days of the completion of the review. The report shall be in
writing and shall contain findings of fact based on a preponderance of evidence
and recommendations for possible remedies for consideration.
115.28
ASSOCIATE VICE CHANCELLOR’S DECISION
The
associate vice chancellor, Student Affairs shall make a decision on the recommendation
within ten (10) working days from the receipt of the report from the chair of
the Campus Judicial Board. The associate vice chancellor will notify the grievant,
the unit head, representatives for the grievant (if any) and the director, Student
Judicial Affairs of a decision within five (5) working days.
Findings
which allege faculty or staff misconduct, shall be subject to appropriate faculty
or staff disciplinary procedures.
115.29
APPEAL
The
student may file an appeal of the associate vice chancellor’s decision
with the vice chancellor, Student Affairs within five (5) working days of receipt
of notification of the decision, for the following reasons:
a.
new evidence has been brought to light which was not available at the time of
the administrative review; or
b.
established procedures, described above, have not been followed.
The
vice chancellor, Student Affairs shall respond within five (5) working days
of his receipt of an appeal and this decision is final and binding.
115.30
TIME LIMIT EXTENSION
The
vice chancellor, Student Affairs may extend the time limits described above
in the interest of fairness and for good cause. All parties involved shall be
notified as soon as an extension of time limit is granted.