A student who submits a written complaint to the appropriate College official and who is not informed of a satisfactory resolution or Plan of Resolution of the complaint within ten (10) business days of the complaint then has the right to file a grievance with the Associate Dean of Student Development and within fifteen (15) business days. Grievance Procedure Forms are available online and in the Office of Student Development and the Office of the Dean of Students and Campus Services.
The written grievance statement will include at least the following information:
- Date the original complaint was reported,
- Name of person to whom the original complaint was reported,
- Facts of the complaint, and
- Action taken, if any, by the receiving official to resolve the complaint.
The grievance statement may also contain other information relevant to the grievance that the Grievant wants considered by the Associate Dean of Student Development and Success.
Investigation Hearing and Findings
The College will have thirty (30) calendar days from the date of the receipt of the grievance by the Associate Dean of Student Development and Success to conduct an investigation of the allegation(s), hold a hearing on the grievance (if requested) and submit a written report to the Grievant and Respondent of the findings arising from the hearing. The Grievance Form will be used to report both the grievance and the hearing findings. The written report will be logged and maintained in the Office of the Dean of Students and Campus Services by the Administrative Assistant to the Dean of Students and Campus Services. The Associate Dean of Student Development and Success and will report the grievance findings to the Grievant and Respondent by either personal service or certified mail sent to the Grievant and Respondent’s respective home addresses.
Investigation Procedures
The Associate Dean of Student Development and Success will conduct a factual investigation of the grievance allegations, either personally or with the assistance of any person(s) designated by the Dean of Students and Campus Services or the President, and will research any applicable statutes, regulations and/or policies, if any. After completion of the investigation, the Associate Dean of Student Development and Success will determine whether there is substantial support of the grievance. The factual findings of the investigation and the conclusions of the Associate Dean of Student Development and Success will be stated in a written report which will be submitted to the Grievant and to the party or parties against whom the grievance was made (the “Respondent”). The report will be made a part of the hearing record, if a hearing is requested by the Grievant. Each of the parties will have the opportunity to file written objections to any of the factual findings and to make their objections part of the hearing record if there is a hearing. Publications or verified photocopies containing relevant statutes, regulations and policies will also be prepared by the Associate Dean of Student Development and Success for the hearing record.
If the Associate Dean of Student Development and Success finds that the grievance is substantially supported, he or she will also make a recommendation in the report as to how the grievance should be resolved. Upon the receipt by the Grievant and Respondent of the Associate Dean of Student Development and Success report, the Grievant and Respondent will have five (5) business days to notify the Associate Dean of Student Development and Success whether or not the Grievant or Respondent demands a hearing on the grievance. The failure by the Grievant or Respondent to request a hearing by the end of the fifth business day will constitute a waiver of the opportunity for a hearing by the party failing to request a hearing. However, the Associate Dean of Student Development and Success may, nevertheless, at his or her discretion schedule a hearing on the grievance if doing so would appear to be in the best interest of the College. In the event that no hearing is to be conducted, the Associate Dean of Student Development and Success will file a final report with the Dean of Students and Campus Services and the President, and a copy will be provided to the Grievant and each Respondent.
Hearing Procedures
In the event that either party requests a hearing within the time frame designated by the Associate Dean of Student Development and Success, the Dean of Students and Campus Services or President will designate a qualified, unbiased person or committee to conduct the grievance hearing. The hearing officer and/or committee members will generally be employees of Chattahoochee Valley Community College. However, the Dean of Students and Campus Services or the President will have the discretion to select individuals that are not Chattahoochee Valley Community College employees to serve as a hearing officer or as a committee member.
The hearing officer and/or committee will notify the Grievant and each Respondent of the time, place, and subject matter of the hearing at least seventy-two (72) hours prior to the scheduled beginning of the hearing. The hearing will be conducted in a fair and impartial manner and will not be open to the public unless both parties agree in writing for the hearing to be public.
At the hearing, the Grievant and the Respondent will be read the grievance statement. After the grievance is read into the record, the Grievant will have the opportunity to present oral information and offer other supporting information as he/she will deem appropriate to his/her claim. Each Respondent will then be given the opportunity to present oral information and offer other supporting information as he/she deems appropriate to the Respondent’s defense against the charges.
If the College, or the administration of the College at large, is the party against whom the grievance is filed, the Dean of Students and Campus Services or the President will designate a representative to appear at the hearing on behalf of the College. Any party to a grievance hearing will have the right to retain, at the respective party’s cost, the assistance of legal counsel or other personal representative. However, the respective attorney or personal representative, if any, will act in an advisory role only and will not be allowed to address the hearing body or question any witnesses. The College must be given a minimum notice of 48 hours if the Grievant is being assisted by an attorney or personal representative. The names of the personal representative or attorney must be submitted 48 hours prior to the hearing to the Associate Dean of Student Development and Success. In the event that the College is the Respondent, the College representative will not be an attorney or use an attorney unless the Grievant is also assisted by an attorney or other personal representative. The hearing will be recorded by an electronic recording medium. In addition, all supporting documents or information offered by the parties, whether admitted or not, will be marked and preserved as part of the hearing record.
The hearing officer or committee will make the participants aware that the rules relating to the admissibility of statements and information during the hearing will be less stringent than those which apply to civil trials. Generally speaking, irrelevant, immaterial and privileged information (such as personal medical information or attorney-client communications) will be excludable. However, hearsay conversations and unauthenticated documentary information may be allowed if the hearing officer or chairperson determines that the information offered is of the type and nature commonly relied upon or taken into consideration by a reasonably prudent person in conducting his affairs.
In the event of an objection by any party to any statement, information or documentation offered at the hearing, the hearing officer or committee chairperson will have authority to make a final ruling on the objection.
Standards of Evidence
The evidentiary standard to be used by the Associate Dean of Student Development and Success, the Student Discipline Committee, the Dean of Students and Campus Services or the President is based strictly on the evidence presented whether it was more likely than not that the allegation(s) made against the accused student was (were) true based upon a reasonable belief of the Associate Dean of Student Development and Student Success, the Student Discipline Committee, Dean of Students and Campus Services or the President.
Report of Findings
Within five (5) working days following the hearing, there will be a written report given to the Associate Dean of Student Development and Student Success (with a copy to the Dean of Students and Campus Service and the President, the Grievant and each Respondent) of the findings of the hearing officer or the chairperson of the hearing committee, whichever is applicable, and the report will contain at least the following:
- Date and place of the hearing;
- The name of the hearing officer or each member of the hearing committee, as applicable;
- A list of all witnesses for all parties to the grievance;
- Findings of fact relevant to the grievance;
- Regulations or policies relevant to the grievance, and
- Recommendation(s) arising from the grievance and the hearing.
Resolution of Grievance
In the event of a finding by the hearing officer/committee that the grievance was unfounded or was not supported by the evidence presented, the Associate Dean of Student Development and Success will notify the Grievant of any appeal that may be available to the Grievant. In the event of a finding that the grievance was supported, in whole or in part, by the information presented, the Associate Dean of Student Development and Success will advise the Respondent of any available appeal or if the College is the Respondent, the Associate Dean of Student Development and Student Success will meet with the Grievant and the appropriate college representative(s) and attempt to bring about resolution of the grievance. If no such resolution is reached the Grievant may appeal to the President.
Presidential Appeals
The Grievant or Respondent will have the right to appeal the decision of the hearing officer or committee to the President of Chattahoochee Valley Community College, provided that:
- A notice of appeal is filed with the Associate Dean of Student Development and Success and the President within fifteen (15) calendar days following the receipt of the committee report and
- The notice of appeal contains clear and specific objection(s) to the finding(s), conclusion(s) and/or recommendation(s) of the hearing officer or committee. If the appeal is not filed by the close of business on the fifteenth (15th) day following the receipt of the committee report, the right to appeal to the President will have been waived. If the appeal does not contain clear and specific objections to the hearing report, it will be denied by the President.
- President’s Review: If an appeal is accepted by the President, the President will have thirty (30) calendar days from his/her receipt of the notice of appeal to review and investigate the allegations contained in the grievance, to review the hearing record, to hold a hearing (if deemed appropriate by the President) and to produce a report of the President’s findings. The President will have the authority to (1) affirm, (2) reverse or (3) affirm in part and reverse in part and/or modify the findings, conclusions and recommendations arising from the college grievance hearing. The President’s report will be served to the Grievant and Respondent(s) by personal service or by certified mail, return receipt requested, at their respective home addresses.
If, after exhausting all available institutional processes, a student’s complaint remains unresolved, the student may appeal to the Alabama Community College System using the System’s official Student Complaint Form. Please refer to the ACCS Student Complaint Process found in the Handbook and on the ACCS website.