REDWOODS COMMUNITY COLLEGE DISTRICT Meeting of the Academic Standards and Policies Committee • 7351 Tompkins Hill Road, Eureka, SS 104 (Advising Conference Room) • Fort Bragg: 440 Alger St (Fine Woodworking) Friday, March 27, 2015 3 PM AGENDA 1. Call to Order 2. Introductions and Public Comment: Members of the audience are invited to make comments regarding any subject appropriate to the Academic Standards and Policies Committee. 3. Discussion Items, Connie Wolfsen 3.1. Continue Revision of BP/AP 4231 Grade Changes (Attachment) 3.1.1. Best Practices from Colleges (Nanette’s Research) 3.1.2. BP/AP 5530 Student Complaints 3.1.3. Exhibits for 5530 3.1.4. CCLC Template for BP/AP 4231 Grade Changes 4. Announcements/Open Forum 5. Adjournment Public Notice—Nondiscrimination: College of the Redwoods does not discriminate on the basis of ethnicity, religion, age, gender, sexual orientation, color or disability in any of its programs or activities. College of the Redwoods is committed to providing reasonable accommodations for persons with disabilities. Upon request this publication will be made available in alternate formats. Please contact Debbie Williams, Academic Senate Support, 7351 Tompkins Hill Road, Eureka, CA 95501, (707) 476-4259, 8:30 a.m. to 5:00 p.m. (except Wednesdays). Upcoming Meeting Dates: March 27 April 10 April 24 May 8 ASPC March 27, 2015 REDWOODS COMMUNITY COLLEGE DISTRICT AP 4231 Administrative Procedure GRADE CHANGES Course Grade Challenge The course grade given to each student shall be determined by the instructor(s) of the course and shall be final (Ed. Code 76232). Any student who believes he or she has a grade grievance shall make a reasonable effort to resolve the matter on an informal basis. If the student’s concern cannot be resolved informally, this procedure outlines the course grade challenge process. The course grade challenge process is not a legal proceeding. Advocates may attend but cannot act as legal counsel. When challenging a grade assigned by an instructor, the burden of proof is on the student to provide evidence of mistake, bad faith, fraud, or incompetence. Should we add “discrimination”? 1 Mistake – an error in calculation, or an error in marking the roll book relevant to grades, or attendance. Additionally, mistakes may occur when physically assigning grades or when grades are scanned into the computer system. 2 Bad Faith – disregarding or changing the basis of assigning grades after publication in the course syllabus or using a system of grading other than that found in the syllabus without prior notification to the students. 3 Fraud – selling grades or asking students to perform non-relevant activity in exchange for grades. 4 Incompetence – impaired ability (due to accident or illness) to adequately judge the student’s performance. Step 1: Student Files a Grade Challenge Form. No later than the second week of the academic semester following the award of the grade, a student must file a grade challenge form. In the event the course instructor is no longer at the college, is on leave of absence, or refuses to consult with the student, the student may proceed to the next step. However, during times when faculty are not under contract to teach, the course instructor is not required to respond to requests for course grade consultation or to meet with students. Students may need to wait until the beginning of the semester following the award of the disputed course grade for a response to their request for a consultation. Upon resuming their contract to teach, the course instructor shall respond to a course grade challenge within fourteen (14) calendar days of the first instructional day of the term or within fourteen (14) calendar days of the student’s grade challenge request. Step 2: Appeal to the Instructor’s(s’) Immediate Supervisor. The immediate supervisor will inform the instructor that the student has completed a course grade challenge form. The instructor is responsible for providing the criteria used in determining the course grade. Following the review of these materials, the instructor’s immediate supervisor shall meet, when possible, with the student and the instructor together to attempt to resolve the dispute regarding the contested grade. Who sees what? If the course grade challenge is not resolved or terminated at this step, the student may then proceed to Step 3. this is as far as committee revised 3/13/15 Step 3: Appeal to the Course Grade Challenge Committee. If the course grade challenge is not resolved or terminated at Step 2, the student may file a written request with the Chief Instructional Officer for a review of Page 3 of 38 ASPC March 27, 2015 the evidence with the Course Grade Challenge Committee. The written request for a review must be submitted within fourteen (14) calendar days of the completion of Step 2. Failure to submit this request within fourteen (14) calendar days terminates the course grade challenge. Upon receipt of this request, the Chief Instructional Officer shall take the steps necessary to acquire the materials and convene a Course Grade Challenge Committee comprised of two faculty members, two students, and the Chief Instructional Officer who shall serve as the non-voting chair. It is at the committee’s discretion to determine if sufficient evidence exists to make a determination on the basis of the written record or to go to a hearing. If the committee decides to go to a hearing, the chair shall advise the student and the instructor of the date, time and location of the appeal hearing. The hearing shall be informal and shall take place before the entire Course Grade Challenge Committee. No formal witnesses representing either party may attend. However, each party may have an advocate that does not act as legal counsel. The format and duration of the hearing shall be left to the discretion of the committee. The burden of proof rests with the student. The student and the instructor shall answer questions related to the materials submitted in Step 2. At the close of the review of the written record or hearing, as the case may be, approval to sustain the course grade challenge shall be determined by a vote of three out of four of the voting members. The decision to change a grade shall be based solely upon substantiation of mistake, fraud, bad faith, or incompetence (Ed. Code 76232). The decision of the committee shall be final. The committee shall submit a written report of its decision to the Chief Instructional Officer within three (3) working days of the hearing or review of the written record, as the case may be. The Chief Instructional Officer shall notify the instructor and the student within three working days after receiving the committee’s written report. Step 4: Notification to the Board of Trustees. A student may appeal the committee’s decision to the Board of Trustees only if evidence exists that the Course Grade Challenge policy and procedures were not followed. Within 14 calendar days, the student shall notify the Chief Instructional Officer in writing identifying specifically where the process was not followed. Failure to submit this written appeal within 14 calendar days shall terminate the course grade challenge. The Chief Instructional Officer will forward the written appeal to the Board of Trustees. The Board of Trustees will review the written appeal to verify whether or not the process was followed. The Board of Trustees shall refer the matter back to the committee if it finds that the course grade challenge policy and procedures were not followed. Otherwise, the decision of the committee shall stand. Late Withdrawal Students who have extenuating circumstances beyond their control (i.e., medical issues or military orders) may petition for a withdrawal after the deadline. Students must complete a petition, include detailed information and attach verifying documentation within one year of the term in question. Security of Grade Records The District shall implement security measures for student records that assure no person may obtain access to student grade records without proper authorization. These measures shall be installed as part of any computerized grade data storage system. The measures implemented by the District shall include, but not necessarily be limited to, password protection for all student grade data bases, locking mechanisms for computer stations from which student grade data bases can be viewed, and strict limits on the number of persons who are authorized to change student grades. Persons authorized to change grades shall be designated by the Vice President of Student Development or his/her designee. No more than five District employees may be authorized to change student grades. Only Page 4 of 38 ASPC March 27, 2015 regular full-time employees of the District may be authorized to change grades. Student workers may not change grades at any time. Any person who discovers that grades have been changed by someone other than the persons authorized to do so shall notify the Vice President of Student Development or his/her designee immediately. The designee shall immediately take steps to lock the grade storage system entirely while an investigation is conducted. If any student’s grade record is found to have been changed without proper authorization, the District will notify 1) the student; 2) the instructor who originally awarded the grade; 3) any educational institution to which the student has transferred; 4) the accreditation agency; and 5) appropriate local law enforcement authorities. Whenever a grade is changed for any reason, corrected transcripts will be sent to any educational institution to which a student has transferred. Any student or employee who is found to have gained access to grade recording systems without proper authorization, or who is found to have changed any grade without proper authority to do so, shall be subject to discipline in accordance with District policies and procedures. Any person who is found to have gained access to grade recording systems without proper authorization, or who is found to have changed any grade without proper authority to do so, shall be reported to the appropriate law enforcement agency having jurisdiction over the college where the incident occurred. References: Education Code Sections 76224 and 76232; Title 5 Section 55025 Approved: 10/03/2011 Former Administrative Procedure #528.01 “Regulations Regarding Academic Complaints,” Adopted by Board of Trustees: June 6, 1994 Page 5 of 38 ASPC March 27, 2015 REDWOODS COMMUNITY COLLEGE DISTRICT AP 4231 Administrative Procedure GRADE CHANGES Course Grade Challenge The course grade given to each student shall be determined by the instructor(s) of the course and shall be final (Ed. Code 76232). Any student who believes he or she has a grade grievance shall make a reasonable effort to resolve the matter on an informal basis. If the student’s concern cannot be resolved informally, this procedure outlines the course grade challenge process. The determination of the student’s grade by the instructor(s), in the absence of mistake, fraud, bad faith, or incompetence, shall be final (Ed. Code 76232). A student who has evidence that the course grade awarded to him/her by the instructor(s) of the course is based upon mistake, fraud, bad faith, or incompetence may appeal the grade by following the steps below. The course grade challenge process is not a legal proceeding. Advocates may attend but cannot act as legal counsel. Grades will be reviewed within the following context:When challenging a grade assigned by an instructor, the burden of proof is on the student to provide evidence of mistake, bad faith, fraud, or incompetence. Should we add “discrimination”. 5 Mistake – an error in calculation, or an error in marking the roll book relevant to grades, or attendance. Additionally, mistakes may occur when physically assigning grades or when grades are scanned into the computer system. 6 Bad Faith – disregarding or changing the basis of assigning grades after publication in the course syllabus or using a system of grading other than that found in the syllabus without prior notification to the students. 7 Fraud – selling grades or asking students to perform non-relevant activity in exchange for grades. 8 Incompetence – impaired ability (due to accident or illness) to adequately judge the student’s performance. Step 1: Consultation with the Instructor(s). No later than the second week of the academic semester following the award of the grade, a student must file a grade challenge form.attempt to resolve the course grade dispute through consultation with the instructor of the course. In the event the course instructor is no longer at the college, is on leave of absence, or refuses to consult with the student, the student may proceed to the next step. However, during times when faculty are not under contract to teach, the course instructor is not required to respond to requests for course grade consultation or to meet with students. Students may need to wait until the beginning of the semester following the award of the disputed course grade for a response to their request for a consultation. Upon resuming their contract to teach, the course instructor shall respond to a course grade challenge within fourteen (14) calendar days of the first instructional day of the term or within fourteen (14) calendar days of the student’s grade challenge request. Step 2: Appeal to the Instructor’s(s’) Immediate Supervisor. If the student is not satisfied with the result of Step 1, the student may appeal the matter to the instructor’s immediate supervisor using the Course Grade Challenge form. The Course Grade Challenge form may be obtained from Enrollment Services or center campus office. The student must complete the form and supply all supporting evidence in writing to the instructor’s immediate supervisor within fourteen (14) calendar days of completion of Step 1. Failure to submit these materials within fourteen (14) calendar days terminates the course grade challenge. Page 6 of 38 ASPC March 27, 2015 The immediate supervisor will inform the instructor that the student has completed a course grade challenge form. The instructor is responsible for providing the criteria used in determining the course grade. Following the review of these materials, the instructor’s immediate supervisor shall meet, when possible, with the student and the instructor together to attempt to resolve the dispute regarding the contested grade. Who see what? If the course grade challenge is not resolved or terminated at this step, the student may then proceed to Step 3. Step 3: Appeal to the Course Grade Challenge Committee. If the course grade challenge is not resolved or terminated at Step 2, the student may file a written request with the Chief Instructional Officer for a review of the evidence with the Course Grade Challenge Committee. The written request for a review must be submitted within fourteen (14) calendar days of the completion of Step 2. Failure to submit this request within fourteen (14) calendar days terminates the course grade challenge. Upon receipt of this request, the Chief Instructional Officer shall take the steps necessary to acquire the materials and convene a Course Grade Challenge Committee comprised of two faculty members, two students, and the Chief Instructional Officer who shall serve as the non-voting chair. It is at the committee’s discretion to determine if sufficient evidence exists to make a determination on the basis of the written record or to go to a hearing. If the committee decides to go to a hearing, the chair shall advise the student and the instructor of the date, time and location of the appeal hearing. The hearing shall be informal and shall take place before the entire Course Grade Challenge Committee. No formal witnesses representing either party may attend. However, each party may have an advocate that does not act as legal counsel. The format and duration of the hearing shall be left to the discretion of the committee. The burden of proof rests with the student. The student and the instructor shall answer questions related to the materials submitted in Step 2. At the close of the review of the written record or hearing, as the case may be, approval to sustain the course grade challenge shall be determined by a vote of three out of four of the voting members. The decision to change a grade shall be based solely upon substantiation of mistake, fraud, bad faith, or incompetence (Ed. Code 76232). The decision of the committee shall be final. The committee shall submit a written report of its decision to the Chief Instructional Officer within three (3) working days of the hearing or review of the written record, as the case may be. The Chief Instructional Officer shall notify the instructor and the student within three working days after receiving the committee’s written report. Step 4: Notification to the Board of Trustees. A student may appeal the committee’s decision to the Board of Trustees only if evidence exists that the Course Grade Challenge policy and procedures were not followed. Within 14 calendar days, the student shall notify the Chief Instructional Officer in writing identifying specifically where the process was not followed. Failure to submit this written appeal within 14 calendar days shall terminate the course grade challenge. The Chief Instructional Officer will forward the written appeal to the Board of Trustees. The Board of Trustees will review the written appeal to verify whether or not the process was followed. The Board of Trustees shall refer the matter back to the committee if it finds that the course grade challenge policy and procedures were not followed. Otherwise, the decision of the committee shall stand. Page 7 of 38 ASPC March 27, 2015 Late Withdrawal Students who have extenuating circumstances beyond their control (i.e., medical issues or military orders) may petition for a withdrawal after the deadline. Students must complete a petition, include detailed information and attach verifying documentation within one year of the term in question. Security of Grade Records The District shall implement security measures for student records that assure no person may obtain access to student grade records without proper authorization. These measures shall be installed as part of any computerized grade data storage system. The measures implemented by the District shall include, but not necessarily be limited to, password protection for all student grade data bases, locking mechanisms for computer stations from which student grade data bases can be viewed, and strict limits on the number of persons who are authorized to change student grades. Persons authorized to change grades shall be designated by the Vice President of Student Development or his/her designee. No more than five District employees may be authorized to change student grades. Only regular full-time employees of the District may be authorized to change grades. Student workers may not change grades at any time. Any person who discovers that grades have been changed by someone other than the persons authorized to do so shall notify the Vice President of Student Development or his/her designee immediately. The designee shall immediately take steps to lock the grade storage system entirely while an investigation is conducted. If any student’s grade record is found to have been changed without proper authorization, the District will notify 1) the student; 2) the instructor who originally awarded the grade; 3) any educational institution to which the student has transferred; 4) the accreditation agency; and 5) appropriate local law enforcement authorities. Whenever a grade is changed for any reason, corrected transcripts will be sent to any educational institution to which a student has transferred. Any student or employee who is found to have gained access to grade recording systems without proper authorization, or who is found to have changed any grade without proper authority to do so, shall be subject to discipline in accordance with District policies and procedures. Any person who is found to have gained access to grade recording systems without proper authorization, or who is found to have changed any grade without proper authority to do so, shall be reported to the appropriate law enforcement agency having jurisdiction over the college where the incident occurred. References: Education Code Sections 76224 and 76232; Title 5 Section 55025 Approved: 10/03/2011 Former Administrative Procedure #528.01 “Regulations Regarding Academic Complaints,” Adopted by Board of Trustees: June 6, 1994 Page 8 of 38 ASPC March 27, 2015 Page 9 of 38 ASPC March 27, 2015 Page 10 of 38 ASPC March 27, 2015 Page 11 of 38 ASPC March 27, 2015 Page 12 of 38 ASPC March 27, 2015 Page 13 of 38 ASPC March 27, 2015 Page 14 of 38 ASPC March 27, 2015 Page 15 of 38 ASPC March 27, 2015 Page 16 of 38 ASPC March 27, 2015 Page 17 of 38 ASPC March 27, 2015 Page 18 of 38 ASPC March 27, 2015 Page 19 of 38 ASPC March 27, 2015 Page 20 of 38 ASPC March 27, 2015 Page 21 of 38 ASPC March 27, 2015 Page 22 of 38 ASPC March 27, 2015 REDWOODS COMMUNITY COLLEGE DISTRICT Board Policy BP 5530 Number Update only from Board of Trustees Policy No. 528 STUDENT COMPLAINTS The Board of Trustees authorizes the administration to develop regulations and procedures to equitably resolve a student's complaint that his/her legal rights, status, or privileges as a student have been adversely affected by a College decision or action. The regulations and procedures developed by the administration will follow these general principles: 1. A complaint cannot be anonymous, and the complaint must be filed within one month of the incident addressed in the complaint. 2. This procedure has no jurisdiction over complaints for which separate legal processes are in existence as provided by law. 3. The intent of the process is that all participants shall respect the rights of all other parties, maintain confidentiality of the participants and nature of the complaint, and refrain from indiscriminate or inappropriate discussion of the case. Such discussion might endanger due process as well as the integrity of all participants by fostering rumor and prejudice. It is not the intent of this policy to infringe upon the academic freedom or legal right of the faculty member or the student. Former Board of Trustees Policy No. 528, number change only on July 10, 2012 Adopted by Board of Trustees: February 4, 1980 Amended: June 21, 1982; July 7, 1986; May 2, 1994 Page 23 of 38 ASPC March 27, 2015 Page 24 of 38 ASPC March 27, 2015 REDWOODS COMMUNITY COLLEGE DISTRICT Administrative Procedure AP 5530 STUDENT COMPLAINTS OTHER THAN ACADEMIC COMPLAINTS OR UNLAWFUL DISCRIMINATION If a student wishes to lodge a complaint other than academic complaints or unlawful discrimination, he or she may seek redress through the following procedures. Student complaints adjudicated under this regulation are those complaints brought against a decision made or action taken by the College that is alleged to adversely affect a student's status or privileges. These complaints may include matters such as: complaints about college staff, a challenge to a student's academic record, or complaints about a service or program. Student complaints within the purview of this regulation must be filed with the Chief Student Services Officer (CSSO) within thirty (30) days of the decision, action, or incident that is the source of the complaint. A. Informal Resolution Process Many complaints are simply the result of misunderstanding or miscommunication. The parties involved are recommended to first seek to resolve any complaints informally and amicably. For most complaints, a direct discussion with the immediate supervisor of the employee, program, service, or area of responsibility relevant to the compliant, may be adequate to resolve the matter to the satisfaction of both parties. 1. Discuss Complaint with Supervisor The student shall first attempt to resolve the complaint through informal consultation with the specific area administrator or supervisor of the employee, program, or service against whom the complaint is lodged. Such a meeting should be held in private within ten (10) working days after the decision, action or incident. All issues involved should be clearly defined so they may be discussed as objectively as possible. Both parties should openly discuss the student complaint/concern and attempt to understand the other's perspectives, explore options/alternatives, and attempt to arrive at a satisfactory resolution to the complaint. At the student's request, an Associated Student, College of the Redwoods (ASCR) member, or CR College Staff or faculty member, may be invited and/or assigned to assist the student in clarifying the complaint process, writing the complaint, and/or supporting the student throughout the complaint process. 2. Express Complaint in Writing If the student is dissatisfied with the results of the discussion with the supervisor, the student should submit a “Statement of Complaint” (see form below) that clearly expresses in writing the complaint and the desired solution. This statement shall be submitted to the CSSO within five (5) business days following the meeting with the specific area administrator or supervisor as described above. 3. Supervisor Conference On receipt of the student's “Statement of Complaint,” the immediate supervisor will, within ten (10) working days, arrange a conference or meeting with the employees, service area personnel, and any other relevant staff. The purpose of this meeting will be 1 Page 25 of 38 ASPC March 27, 2015 to determine if there are any legitimate grounds for the complaint, if staff have any suggestions for resolution or improvement, and to discuss any possible actions. The student complainant may or may not be asked to attend, at the discretion of the supervisor. After discussion with staff or employees and review of relevant materials or evidence, the supervisor shall render a decision on the complaint to all parties and shall within five (5) business days provide a written copy of that decision to each involved party. The supervisor will then forward all relevant documents, evidence, meeting notes, the “Statement of Complaint” form, and any other materials, to the CSSO. B. Formal Resolution Process If the complaint cannot be satisfactorily resolved at the informal level, then the Formal Resolution Process shall be followed: 1. Student Files a Request for Hearing The student must complete and deliver to the CSSO (or Campus Dean at the Education Centers), the “Request for Hearing” form within ten (10) business days of receiving the written decision rendered by the area supervisor as described above. 2. CSSO Convenes the College Hearing Committee The CSSO (or Campus Dean at the Education Centers) or designee shall then convene the College Hearing Committee within a period of fifteen (15) business days following receipt of the Request for Hearing to consider the complaint. The CSSO shall consider the preferences of the accused student, the nature of the complaint, and the availability of the committee members when assigning the case for a hearing. The College Hearing Committee shall be composed of the following: Two students appointed by the ASCR President Two faculty members appointed by the Academic Senate President One classified member appointed by the CSEA President One administrator, who shall chair the committee, appointed by the College President or designee All committee members shall be selected from among persons with little or no connection to the source of the complaint and that had no involvement in the decision, action, or incident. The CSSO or Campus Dean shall also confirm that all prospective members are not related in any way to the complainant. 3. Hearing Procedures The Chair of the College Hearing Committee will establish a hearing format consistent with this administrative procedure. Formal hearings will be conducted by the committee according to the following guidelines: 1) In complaints involving more than one student complainant, the Chair of the College Hearing Committee will determine if hearings concerning each student will be conducted jointly or separately. The decision of the Chair shall be final on all matters relating to the process of the hearing unless there is a vote by other members of the panel to the contrary. 2 Page 26 of 38 ASPC March 27, 2015 2) The student(s) will be notified by certified mail of the hearing at least five business days in advance of the hearing. The letter will inform the student of the time, location and place of the hearing and include a copy of this administrative procedure. 3) All parties shall be present at the hearing. In the willful absence of the complainant and/or a representative of his/her choice, the complaint will be dismissed. 4) Hearings shall be closed and confidential unless the one of the parties requests that it be open to the public. Any such request must be made no less than five days prior to the date of the hearing. In a closed hearing, witnesses shall not be present at the hearing when not testifying, unless all parties and the Chair agree to the contrary. 5) Quorum for a hearing requires that four (4) of the six College Hearing Committee members are present for the hearing. If the case is to be heard at the Mendocino or Del Norte site, a quorum will be three (3) members of the Committee. 6) The parties may be accompanied by an advisor if so desired. The advisor may attend the hearing with the student to counsel him/her and suggest questions. The parties may be present during the entire time of the hearing, except during the deliberations of the Committee. In no event may the advisor participate directly by speaking for either party or questioning witnesses. Admission of any other person to the hearing will be at the discretion of the Chair. 7) The student may represent him or herself, and may also have the right to be represented by a person of his or her choice, with the exception that the student shall not be represented by an attorney unless agreed to in advance of the hearing by the Chair. The student must note on the Request for a Hearing form if the student wishes to be represented by an attorney. If the student is permitted to be represented by an attorney, the Committee may also request legal assistance. Any legal advisor provided to the Committee may sit with it in an advisory capacity to provide legal counsel but shall not be a member of the panel nor vote with it. 8) The parties may present evidence, including witnesses and written statements. The Chair will determine the format of the hearing, and the admissibility of witnesses or written statements, and may elect not to hear such statements if deemed redundant or irrelevant. 9) The Chair retains authority to question witnesses and parties to the alleged violations and will determine the appropriateness of questions posed by the parties. Other committee members should request and receive the permission of the Chair before asking questions of the witnesses. Employees against whom complaints have been filed will be advised of their right to remain silent, and may choose not to respond to any questions. 3 Page 27 of 38 ASPC March 27, 2015 10) Pertinent and relevant information may be reviewed without regard to the legal rules of evidence. 11) The person making the complaint shall assume the burden of proof. 12) There will be a single verbatim recording, digital or taped, of all hearings before the Committee. No witness who refuses to be recorded may be permitted to give testimony. In the event the recording is by tape recording, the Committee Chair shall, at the beginning of the hearing, ask each person present to identify themselves by name, and thereafter shall ask witnesses to identify themselves by name. Recordings shall remain in the custody of the College at all times, unless released to a professional transcribing service. Access is limited to reviewing the verbatim record only on College premises and in the presence of the CSSO or designee. The verbatim record will be the property of the College. 13) The College Hearing Committee may accommodate concerns for the personal safety, well-being, or fears of confrontation of the complainant, staff or other witnesses during the hearing by providing separate facilities, by using a visual screen, or permitting participation by telephone, videophone, closed circuit television, video conferencing, videotape, audio tape, written statement, or other means, as determined in the sole judgment of the Chair to be appropriate and in the best interests of the parties. 14) Following testimony of witnesses, the Committee shall consider the complaint and determine if the complaint is valid. Determination of validity shall be made based on the preponderance of evidence. 15) The Committee shall then decide, by majority vote, if any remedy, action, or decision is required or necessary. The decision shall be based only on the record of the hearing, and not on matters outside of that record. The record consists of the original accusation, the written response, if any, of the student and staff, and the oral and written evidence produced at the hearing. The Committee need not limit its recommendations to the remedy requested by the student. 16) The Committee shall submit in writing its findings of validity and recommend action to the President. The President may accept or modify part or all of the Committee's recommendation and shall submit the decision, with stated reasons, to all concerned within the shortest reasonable time after the decision has been rendered, but not to exceed ten (10) business days after the hearing. 17) The decision shall include whether the complaint is valid or invalid, and may include specific recommendations for further action. 18) The student shall have the right to submit a written statement of response to the decision of the President. This statement shall be included with all other compiled records of the complaint. 4 Page 28 of 38 ASPC March 27, 2015 19) The decision of the President shall be final. 20) The President shall refer all records to the CSSO or designee for retention. References: Title IX, Education Amendments of 1972; Education Code Section 76224(a) Approved: 02/07/2012 Former Administrative Regulation #528.02, “Regulation Re: Student Complaints other than Unlawful Discrimination,” Approved: 3/16/82 Revised 6/6/94, 10/9/95 5 Page 29 of 38 ASPC March 27, 2015 Page 30 of 38 ASPC March 27, 2015 REDWOODS COMMUNITY COLLEGE DISTRICT Exhibit No. AP 5530.A Student’s Statement of Complaint This is a statement of complaint regarding an action, decision, or incident that I believe has adversely impacted my student status or privileges at College of the Redwoods. I confirm that I have attempted to resolve the complaint through an informal resolution process with the appropriate area supervisor, as outlined in this policy. I understand that after delivery of this complaint to the Chief Student Services Officer or Campus Dean, I may expect to receive a written decision within five days of the filing of this form. Date this Form was delivered: ____________ Name of person accepting this form: _______________ Name Of Complainant: _______________________________________________________________ Mailing Address of Complainant: _______________________________________________________ Telephone number of Complainant: ____________ Alternate Telephone number: ________________ Please fully state the nature of complaint and dates of occurrences Describe what relief, remedy, or desired solution you believe is required to resolve this complaint, attaching additional sheet(s) if necessary If there is anyone else who can provide more information regarding this complaint, please list names, addresses, and telephone numbers: NAME ADDRESS TELEPHONE I CERTIFY THAT THIS INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE. ________________________________________ Signature of Complainant Page 31 of 38 ASPC March 27, 2015 REDWOODS COMMUNITY COLLEGE DISTRICT Exhibit No. AP 5530.B Supervisor Response to Student’s Statement of Complaint Date: _______________To: _____________________________________________________ Name of Student Complainant _______________________________________________________________________________ Street # or PO Box # City State Zip Code As a proposed resolution to your complaint filed on ____________, the Redwoods Community College District intends to: ___________________________________ Signature of Supervising Official If this proposal is not acceptable to you, you may further file a “Request for Hearing” form, following the Formal Resolution Process as outlined in this policy. This request must be filed within ten (10) days of your receipt of this response. Page 32 of 38 ASPC March 27, 2015 REDWOODS COMMUNITY COLLEGE DISTRICT Exhibit No. AP 5530.C Request for Hearing Form Request for hearing must be filed within ten business days after receiving the supervisor’s response to your complaint. _____________________________________________ _________________ Name of Complainant Date _____________________________________________________________________________ Home Address City State Zip Code ______________________________________________ Telephone Number I, ________________________________________, hereby request a hearing before the College Hearing Committee to resolve the complaint filed on _______________________. (CHECK ONE) I will have Legal Counsel attending. If so, state name of Counsel: ___________________________________________ I will not have Legal Counsel attending ____________________________________________________________________________ Signature of Student Complainant _____________________________________ College/Campus Location of Complaint Office Use Only: Date Received __________________________ Page 33 of 38 ASPC March 27, 2015 Page 34 of 38 ASPC March 27, 2015 BP 4231 Grade Changes References: Education Code Sections 76224 and 76232; Title 5 Section 55025 Note: This policy is legally required. The [CEO] shall implement procedures to assure the accuracy and integrity of all grades awarded by faculty. The procedures shall include, but not necessarily be limited to, the following: • Assurance that in the absence of mistake, bad faith, fraud or incompetence, the grades awarded by faculty shall be final. • Procedures for students to challenge the correctness of a grade. • The installation of security measures to protect grade records and grade storage systems from unauthorized access. • Limitations on access to grade records and grade storage systems. • Discipline for students or staff who are found to have gained access to grade records without proper authorization or to have changed grades without proper authorization. • Notice to students, faculty, transfer institutions, accreditation agencies and law enforcement agencies if unauthorized access to grade records and grade storage systems is discovered to have occurred. Also see BP 3310 titled Records Retention and Destruction, AP 4231 titled Grade Changes, and BP/AP 5040 titled Student Records. New 2/08 Page 35 of 38 ASPC March 27, 2015 Page 36 of 38 ASPC March 27, 2015 AP 4231 Grade Changes References: Education Code Sections 76224 and 76232; Title 5 Section 55025 Note: This procedure is legally required. The following language is provided as a sample. Local practice may be inserted, but must comply with the Education Code and Title 5 and address the following: Changing Grades The instructor of the course shall determine the grade to be awarded to each student. The determination of the student's grade by the instructor is final in the absence of mistake, fraud, bad faith, or incompetence. “Mistake” may include, but is not limited to, errors made by an instructor in calculating a student’s grade. and clerical errors. “Fraud” may include, but is not limited to, inaccurate recording or change of a grade by any person who gains access to grade records without authorization. The removal or change of an incorrect grade from a student's record shall only be done pursuant to Education Code Section 76232 or by an alternative method that ensures that each student shall be afforded an objective and reasonable review of the requested grade change. If the procedure requires that a student first request a grade change from the instructor, provisions shall be made to allow another faculty member to substitute for the instructor if the student has filed a discrimination complaint, if the instructor is not available or where the District determines that it is possible that there may have been gross misconduct by the original instructor. In the case of fraud, bad faith, or incompetence, the final determination concerning removal or change of grade will be made by the [designate position]. In all cases, the instructor who first awarded the grade will be given written notice of the change. Security of Grade Records The District shall implement security measures for student records that assure no person may obtain access to student grade records without proper authorization. These measures shall be installed as part of any computerized grade data storage system. The measures implemented by the District shall include, but not necessarily be limited to, password protection for all student grade data bases, locking mechanisms for computer stations from which student grade data bases can be viewed, and strict limits on the number of persons who are authorized to change student grades. Page 37 of 38 ASPC March 27, 2015 Persons authorized to change grades shall be designated by the [insert designated position, e.g. “Director of Admissions and Records.”] No more than five District employees may be authorized to change student grades. Only regular full-time employees of the District may be authorized to change grades. Student workers shall not have access to grade records, and student workers may not change grades at any time. Any person who discovers that grades have been changed by someone other than the persons authorized to do so shall notify the [designated position] immediately. The [designated position] shall immediately take steps to lock the grade storage system entirely while an investigation is conducted. If any student’s grade record is found to have been changed without proper authorization, the District will notify 1) the student; 2) the instructor who originally awarded the grade; 3) any educational institution to which the student has transferred; 4) the accreditation agency; and 5) appropriate local law enforcement authorities. Whenever a grade is changed for any reason, corrected transcripts will be sent to any educational institution to which a student has transferred. Any student or employee who is found to have gained access to grade recording systems without proper authorization, or who is found to have changed any grade without proper authority to do so, shall be subject to discipline in accordance with District policies and procedures. Any person who is found to have gained access to grade recording systems without proper authorization, or who is found to have changed any grade without proper authority to do so, shall be reported to the appropriate law enforcement agency having jurisdiction over the college where the incident occurred. Note: The District may insert procedures related to processes for seeking grade changes, time limits, if any, and appeals to the [CEO]. Suggested procedures for doing so are contained in AP 5530 titled Student Grievance Procedures. Also see BP 3310 titled Records Retention and Destruction and BP/AP 5040 titled Student Records Revised 8/06, 8/07, 2/08 Page 38 of 38