If the hearing is warranted, it shall be based on the following:
The statement contains facts which, if true, would constitute a grievance under
these procedures;
The grievant is a student as defined in these procedures, which include
applicants and former students;
The grievant is personally and directly affected by the alleged grievance;
The grievance was filed in a timely manner;
The grievance is not clearly frivolous, clearly without foundation, or clearly filed
for purposes of harassment.
If the grievance does not meet each of the above requirements, the Hearing
Committee Chair shall notify the student in writing of the rejection of the Request for
a Grievance hearing, together with the specific reasons for the rejection and the
procedures for appeal. This notice will be provided within ten (10) business days of
the date the decision is made by the Grievance Hearing Committee.
Any appeal relating to a Grievance Hearing Committee decision that the Statement
of Grievance does not present a grievance as defined in these procedures shall be
made in writing to the vice president of student and community advancement within
five (5) business days of that decision. The vice president of student and
community advancement shall review the Statement of Grievance and Request for
Grievance Hearing in accordance with the requirements for a grievance provided in
these procedures, but shall not consider any other matters. The vice president of
student and community advancement’s decision on whether or not to grant a
grievance hearing shall be final and not subject to further appeal.
If the Request for Grievance Hearing satisfies each of the requirements, the
College Grievance Officer shall schedule a grievance hearing. All parties to the
grievance shall be given not less than seven (7) business days’ notice of the date,
time and place of the hearing.
Hearing Procedure:
The decision of the Grievance Hearing Committee Chair shall be final on all matters
relating to the conduct of the hearing unless there is a vote of a majority of the other
members of the panel to the contrary.
The members of the Grievance Hearing Committee shall be provided with a copy of
the grievance and any written response provided by the respondent before the
hearing begins.
Each party to the grievance may call witnesses and introduce oral and written
testimony relevant to the issues of the matter.
Formal rules of evidence shall not apply. Any relevant evidence shall be admitted.
Unless the Grievance Hearing Committee determines to proceed otherwise, each
party to the grievance shall be permitted to make an opening statement. Thereafter,
the grievant or grievant party shall make the first presentation, followed by the
respondent or respondents. The grievant(s) and respondent(s) may present rebuttal
evidence. The burden shall be on the grievant or grievants to prove by substantial
evidence that the facts alleged are true and that a grievance has been established
as specified above.
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