Grievance Procedure for Students

ArtCenter strives to be in compliance with College policies and all applicable federal, state and local laws. If any student or applicant believes that the College or members of its community may have acted in violation of its policies or may have failed to comply with applicable legal requirements, he or she is encouraged to file a grievance with the College. It is the goal of the College to handle all grievances in a lawful, fair, consistent and confidential manner via informal resolution. However, provisions for formal resolution are also available, if necessary. The grievance procedures outlined here are not intended for use by students to challenge grades issued for courses; these issues should addressed through the Department Chair of the class in question. Unless otherwise specified, grievances will be handled as described below.

Definitions

Advisor: any current student, faculty, or staff member; off-campus individuals, parents, or those without affiliation with the College cannot serve as advisors. Current faculty or staff cannot serve as advisors to their children. The Advisor can only be paid for their service by the College.

Conciliator: a person who acts as a mediator between two disputing people or groups.

Chair: Vice President of Student Affairs/Dean of Students or their appointee

Respondent: any person or group accused of violating ArtCenter policy or legal requirement.

Complainant: the Individual who makes the complaint.

Other Violations

Sexual harassment, sexual violence, other sexual misconduct, or discrimination related to gender should be reported to the Title IX Coordinator Brittany Raygoza (626-396-2340 or Brittany.Raygoza@arcenter.edu). Title IX has special reporting and investigation procedures. Student Code of Conduct violations should be reported to the Associate Director of Student Conduct at 626 396-2277.

Unfair Treatment

Students who believe that they have been treated unfairly by other students, staff, or faculty must completed a grievance form on Inside.ArtCenter.edu.

Non-Retaliation for Reporting Misconduct

No student will be discriminated against or retaliated against for reporting what they, in good faith, believe to constitute a violation of any College policy or legal requirement.

Reporting Procedure

Students must file the grievance in writing. Including what allegedly happened, when and where it occurred, the parties involved (if known), and what policy or law was violated.

Grievances should be submitted within 90 days from when the alleged incident occurred, or within 90 days after the complainant knew or should have known about the alleged incident or violation. If there is reasonable cause the time may be extended for up to 365 days from the alleged incident. Civil rights violations may be reported within the time limitation imposed by statue.

Informal Grievance Procedure

1. Upon filing a complaint, the Grievance will be assigned to the appropriate Conciliator:
   
   • If the Respondent is a student, it will be assigned to the Associate Director of Student Conduct.
   • If the Respondent is a staff member, it will be assigned to the Associate Vice President, Employee Experience and Engagement.
     
     - If the Grievance is against the Associate Vice President, Employee Experience and Engagement, the Vice President of Employee Experience and Engagement will appoint an alternate Conciliator.
   • If the Respondent is a faculty member, it will be assigned to the Associate Provost, Teaching and Learning.
2. The Conciliator shall refer the student to the appropriate person(s) at ArtCenter to try to work out the problem in an informal way. If appropriate, the Conciliator will also initiate contact with any other party involved to try to resolve the Grievance. The Conciliator will keep the student informed of developments during these preliminary stages.
3. A student may appeal a determination based on at least one of these four criteria:
• The resolution is not appropriate for the offense.
• The Grievance procedures were not followed, resulting in significant prejudice to the student.
• In the exercise of reasonable diligence, new relevant evidence that could not have been produced at the time is available.
• The decision is not supported by evidence.

All requests for appeals must be in writing, setting forth the basis for the appeal with specificity. Appeals must be delivered to the Vice President of Student Affairs/Dean of Students, with a copy to the Conciliator, within five business days of the date that the student received the decision from the Conciliator.

Formal Grievance Procedure

Depending on the nature of the grievance some cases will directly be reviewed using the Formal Grievance Procedure. Appeals for informal grievances are also brought to the Grievance Committee.

1. The Chair of the Committee shall distribute grievance information to each member of the Committee.
2. Complainants or Respondents who fail to appear will have their case heard in their absence. Failure to appear or failure to for complaint or witness to appear does not constitute grounds for appeals. Evidence introduced after a decision on the case has already been made does not constitute new information merely because the Complaint or Respondent was absent.
3. The Committee will hold a hearing at a time agreeable to the student in a timely manner, but no later than 15 business days after the Committee receives the request for appeal.
4. Hearings are private. However, the Respondent and Complainant are each entitled to bring an Advisor to the hearing to help support and guide them during the hearing. The Advisor’s role is not to represent the Complainant or Respondent or to question any witnesses in the hearing. The Respondent and the Complainant are responsible for presenting their own information. Therefore, Advisors are only permitted to speak or participate directly in any hearing if determined by the Chair.
5. The Chair may request to hear testimony from other individuals who may have relevant information to provide or may have been named in the Grievance by the student. The Complainant shall be notified in writing of any such individuals who have been invited to testify. The Complainant or Respondent may also request the Chair call other person to present information or call for other relevant documents. Such requests will be granted if the Chair believes that the presentation of additional witnesses or documents will provide relevant evidence that will be instrumental in the committee making a determination.
6. The Complainant and Respondent have the right to hear all information presented verbally to the Committee and to receive a copy of all relevant documents considered by the Committee.
7. The Complainant and Respondent are encouraged to submit written questions to the Committee on information presented by others who have testified and on documents considered by the Committee.
8. The Committee shall make a determination based on a review of the evidence presented.
9. The Chair shall communicate findings to the student within five business days of the conclusion of the hearing, unless otherwise specified in writing. This determination is final and may not be appealed.

Grievance Committee Membership

Depending on the circumstance of the Grievance, the Grievance Committee may consist of the Provost, Vice President of Employee Experience and Engagement, the Vice President of Student Affairs/Dean of Students, Associate Dean of Students/Director of the Center for the Student Experience, and other appointees.

No member may serve on a case in which they were in any way personally involved. Members shall excuse themselves if there is a conflict of interest between themselves and any of the parties or witnesses.

The Complainant and Respondent are entitled to challenge one or more members of the Committee with respect to impartiality. The Chair will rule on such challenges.

California State Reporting Option

An individual may contact the Bureau for Private Postsecondary Education for review of a complaint. The bureau may be contacted at:

2535 Capitol Oaks Drive, Suite 400
Sacramento, CA 95833
916 431-6924
bppe.ca.gov