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, April 10, 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. Grade Challenge Form 3.1.2. Best Practices from Colleges (Nanette’s Research on Forms) 3.1.3. BP/AP 5530 Student Complaints 3.1.4. Exhibits for 5530 3.1.5. CCLC Template for BP/AP 4231 Grade Changes 3.1.6. BP 3410 Nondiscrimination and APs 3410-12 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: April 24 May 8 REDWOODS COMMUNITY COLLEGE DISTRICT Administrative Procedure AP 4231 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. If the student believes discrimination has occurred, the student should refer to BP 3410 Nondiscrimination and AP 3410 Unlawful Discrimination for guidance on how to proceed. The discrimination complaint outcome may provide evidence for a course grade challenge. If the student has a complaint about gross misconduct, the student is referred to BP/AP 5530 Student Complaints other than Academic Complaints or Unlawful Discrimination for guidance on how to proceed. The outcome of this complaint may provide evidence for a course grade challenge. 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: Every attempt should be made to discuss the issue with the instructor. Step 2: 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 to the instructor and to the Dean/Director. The course instructor is required to respond to a course grade challenge within fourteen (14) calendar days of the student’s grade challenge request or on the first instructional day of the term following submission of the request. During times when faculty are not under contract to teach, the course instructor is not mandated to respond and students may need to wait to continue the grade challenge. Step 3: 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. The instructor’s written response will be sent to Dean/Director, who will forward the rebuttal to the student. The Dean/Director may request additional documentation from either student or instructor to help in the mediation process. 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. If the course grade challenge is not resolved or terminated at this step, the student may then proceed to Step 4. Step 4: Appeal to the Course Grade Challenge Committee. If the course grade challenge is not resolved or terminated at Step 3, the student may file a written request with the Chief Instructional Officer for a review of Page 3 of 46 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 3. 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 5: 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 46 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 46 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”? If the student believes discrimination has occurred, the student should refer to BP 3410 Nondiscrimination and AP 3410 Unlawful Discrimination for guidance on how to proceed. The discrimination complaint outcome may provide evidence for a course grade challenge. If the student has a complaint about gross misconduct, the student is referred to BP/AP 5530 Student Complaints other than Academic Complaints or Unlawful Discrimination for guidance on how to proceed. The outcome of this complaint may provide evidence for a course grade challenge. 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: Every attempt should be made to discuss the issue with the instructor Step 12: 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 to the instructor and to the Dean/Director. The course instructor is required to respond to a course grade challenge within fourteen (14) calendar days of the student’s grade challenge request or on the first instructional day of the term following submission of the request. 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, dDuring times when faculty are not under contract to teach, the course instructor is not required mandated to respond and to respond to requests for course grade consultation or to meet with students. 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. the grade challenge. 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 23: Appeal to the Instructor’s(s’) Immediate Supervisor. The immediate supervisor will inform the Page 6 of 46 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. The instructor’s written response will be sent to Dean Dirctor, who will forward the rebuttal to the student. The Dean/Director may request additional documentation from either student or instructor to help in the mediation process. 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. If the course grade challenge is not resolved or terminated at this step, the student may then proceed to Step 3.4. Step 34: Appeal to the Course Grade Challenge Committee. If the course grade challenge is not resolved or terminated at Step 23, 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 23. 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. Page 7 of 46 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 46 Student Name: ________________________________ Student Phone: ________________________________ Term: Connie’s Draft Form Page 1 of 3 Date: _____________________ Student ID#: _____________________ ________________________________ Course Number: ________________________________ Instructor: _____________________ Policy: The course grade given to each student shall be determined by the instructor(s) of the course and, in the absence of mistake, bad faith, fraud or incompetence, shall be final. A 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 has a compliant about misconduct, the student is referred to BP/AP 5530 for guidance on how to proceed. If the believes discrimination has occurred, the student is Student Request for student Grade Change due to: referred to BP/AP 3410. Evidence of misconduct or discrimination on the part of an instructor may provide evidence for a Mistake Fraud Bad Faith Incompetence course grade challenge. Instructions: This form should accompany all original documentation submitted by the student. Step 1: Student and instructor meet informally and if the dispute is resolved, no further action is required. If student is not satisfied with instructor explanation, or student does not wish to meet with the instructor, the student must initiate a formal course grade challenge. Date of informal Instructor and Student meeting: ____________________ Appeal Denied Step 2: Student declined to meet informally No response from instructor A student who wishes to file a formal course grade challenge must do this no later than the second week of the academic semester following the award of the course grade. The student must submit a written appeal (including syllabus, student statement and additional relevant documentation) using the course grade challenge form and must make an appointment with the immediate supervisor of the instructor. Date Supervisor was notified by Student: _______________ Date Instructor was notified by Supervisor: ________________ The course instructor shall respond to the immediate supervisor 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. The instructor’s written response will be forwarded to the student. Date Instructor Response Due: ______________ Date Instructor Response forwarded to Student: ______________________ Instructor’s response: Grade change: No Grade Change: Instructor submits grade change The student may proceed to Step 3 Page 9 of 46 Connie’s Draft Form Page 2 of 3 Step 3: The immediate supervisor shall meet, when possible, with the student and instructor together to attempt to resolve the dispute regarding the contested grade. Date of Meeting: _________________ Who Attended: ___________________________________________ Additional Information requested by supervisor from student &/or instructor: Instructor’s response: Grade change: No Grade Change: Step 4: Instructor submits grade change The student may proceed to Step 4 If the course grade challenge is not resolved or terminated at step 3, 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 3. Date request submitted to Chief Instructional Officer for Committee review of grade: _____________________ The Course Grade Challenge Committee Chair will arrange a date, time and location for the hearing. Date/Time/Location: ____________________ Student and Instructor notified The hearing shall be informal. During the hearing, student and instructor shall answer questions related to the materials submitted in steps 2 and 3. The burden of proof rests with the student. The decision to sustain the course grade 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. The committee shall submit a written report within three (3) working days of the hearing date. The Chief Instructional Officer shall notify the student and instructor within three (3) working days after receiving the committee’s report. Grade change: Correction of Grade Change Form completed by Committee Chair/Chief Instructional Officer No Grade Change: The student may proceed to Step 5 only if evidence exists that the Course Grade Challenge policy and procedures were not followed. Step 5: Within fourteen (14) days of being notified of the Committee’s decision, the student shall notify the CIO in writing identifying specifically where the process was not followed. The CIO will forward the written appeal to the BOT. The BOT will review the written appeal to verify whether or not the process was followed. The BOT shall refer the matter back to the committee if it finds the course grade challenge policy and procedures were not followed. Page 10 of 46 Connie’s Draft Form Page 3 of 3 Course Grade Challenge – Letter Template [Part of Step Two of the Formal Course Grade Challenge] To the student: If you have decided to pursue a grade appeal, you may use the following template to communicate your appeal in a business letter format. This is not the only acceptable format you can use, but it can help you express your concerns and reason(s) for your appeal in a clear manner. Be sure to address the specific circumstances of your situation and your grade. Limit your letter (or statement) to three pages. This letter is required as part of the documents you will submit to the instructor and the instructor’s immediate supervisor for the formal appeal. If you feel that the matter was not resolved through the discussions with the instructor and supervisor (steps 1 through 3), this letter will become part of the documents that you present to the grade appeals committee. The chair of the grade appeals committee can assist you in determining what materials or documents you should provide for the committee. If necessary, the chair can help you clarify or articulate your concerns. Date Grade appeal review committee Office of Academic Affairs College of the Redwoods Eureka, CA 95501 To Whom it may Concern: The first paragraph should briefly state the purpose of the letter (i.e. to appeal your grade). You should mention the course name, number, and section. The middle paragraphs should present the reason(s) why the assigned grade was, in your opinion, unjustified or unfair, as outlined by the syllabus for the course and the course work you completed. You should include evidence for supporting your reasons, including references to specific assignments, exams, or other materials that might pertain to and support your case. You should not include unsubstantiated claims or malicious comments about the class, other classmates or the instructor as personal attacks. In the last paragraph, you should than the chairperson and/or the committee for reviewing your materials and assisting you during the process, and you should indicate whether or not you wish to attend the hearing with the full committee (which is recommended so you can respond to questions from the committee members). Sincerely, Signature Typed name Student ID number Enclosures: Course syllabus Documentation you deem relevant to your appeal (e.g. written assignments with feedback, tests, etc.) Page 11 of 46 Page 12 of 46 Page 13 of 46 Page 14 of 46 Page 15 of 46 Page 16 of 46 Page 17 of 46 Page 18 of 46 Page 19 of 46 Page 22 of 46 Page 23 of 46 Page 24 of 46 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 27 of 46 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 28 of 46 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 29 of 46 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 30 of 46 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 31 of 46 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 32 of 46 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 33 of 46 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 34 of 46 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 35 of 46 CCLC Template 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 36 of 46 CCLC Template 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 46 CCLC Template 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 46 REDWOODS COMMUNITY COLLEGE DISTRICT Board of Trustees Policy BP 3410 NONDISCRIMINATION The District is committed to equal opportunity in educational programs, employment, and all access to institutional programs and activities. The District, and each individual who represents the District, shall provide access to its services, classes, and programs without regard to national origin, religion, age, sex, gender, race, color, medical condition, ancestry, sexual orientation, marital status, physical or mental disability, or because he or she is perceived to have one or more of the foregoing characteristics, or based on association with a person or group with one or more of these actual or perceived characteristics. The President/Superintendent and/or his/her designee shall establish administrative procedures that ensure all members of the College community can present complaints regarding alleged violations of this policy and have their complaints heard in accordance with the Title 5 regulations and those of other agencies that administer state and federal laws regarding nondiscrimination. No District funds shall ever be used for membership, or for any participation involving financial payment or contribution on behalf of the District or any individual employed by or associated with it, to any private organization whose membership practices are discriminatory on the basis of national origin, religion, age, sex, gender, race, color, medical condition, ancestry, sexual orientation, marital status, physical or mental disability, or because he or she is perceived to have one or more of the foregoing characteristics, or because of his or her association with a person or group with one or more of these actual or perceived characteristics. Information regarding who to contact to file a complaint is included in Administrative Procedure 3410. References: Education Code Sections 66250 et seq., 72010 et seq., and 87100 et seq.; Penal Code Sections 422.55; Government Code Sections 12926.1, and 12940 et seq.; Title 5 Sections 53000 et seq. and 59300 et seq. Adopted by Board of Trustees: 05/03/2011 Former Policy #809, “Equal Opportunity and Nondiscrimination,” Adopted by the Board of Trustees: 8/15/77; Amended on 11/5/79; 7/7/86; 3/7/88; 3/4/91; 2/4/03 Page 39 of 46 REDWOODS COMMUNITY COLLEGE DISTRICT Administrative Procedure AP 3410 Number Update only from Administrative Regulation No. 809.06 UNLAWFUL DISCRIMINATION I. Unlawful Discrimination A. The District assumes the responsibility for providing a work and academic environment free from unlawful discrimination because of ethnic group identification (race, national origin, ancestry), color, religion, age, sex, physical or mental disability, medical condition (cancer related), marital status, or status as a Vietnam era or disabled veteran. (Title VI & VII, Title IX, California Gov't Code 11135, Title 5, Sec. 59300 59326, and the Fair Employment and Housing Act) 1. Unlawful discrimination by students or employees will not be tolerated; and if it is determined that such conduct has occurred, appropriate disciplinary action will be taken. 2. The Human Resources Director/EEO is responsible for compliance with, and implementation of, all laws and regulations on unlawful discrimination. B. Sexual Harassment 1. The District will take all steps necessary to provide a work and educational environment free from sexual harassment and intimidation. (Title 5, 53030) 2. California Education Code Sec. 212.5 defines "sexual harassment" as "unwelcome sexual advances, requests for sexual favors, and other verbal, visual, or physical conduct of a sexual nature, made by someone from or in the work or educational setting." 3. Sexual harassment is a form of discrimination and will not be tolerated. If it occurs, it will be subject to appropriate disciplinary action. 4. The full District statement on Sexual harassment is located in Administrative Regulation 809.02. C. Handicapped Employment Students with Disabilities 1. In accordance with Section 504, Title 5, Sec. 53029, and related CCC Guidelines, the District will make reasonable accommodation for the disabled applicant or employee. Page 40 of 46 a. Reasonable accommodation is defined as efforts made on the part of the employer to remove artificial or real barriers which prevent or limit the employment and upward mobility of disabled persons. b. Accommodations may include, but are not limited to, the provision or modification of equipment; provision of assistive devices; modified work schedules; job restructuring or job site modification; provision of readers, interpreters, or tutors; transportation; etc. 2. Accommodations and other services for disabled students are arranged through the Disabled Student Services Office. a. College of the Redwoods' facilities, programs, and activities are accessible and available to disabled persons. 3. The Director of Disabled Student Program and Services serves as the Sec. 504 Coordinator, and is responsible for compliance and complaints. D. Title IX (Sex Discrimination) Ed. Code, Sec. 200 264 1. All forms of sex discrimination are covered under District policy on unlawful discrimination. 2. The Human Resources Director/EEO, or designee serves as the Title IX Coordinator, and assures compliance, handles complaints, and provides required notifications. E. Procedures for Complaints of Unlawful Discrimination (See Administrative Regulation 809.03). 1. The District maintains clearly defined and publicized procedures for filing, investigation and resolution of Complaints of Unlawful Discrimination (applicable to students, employees, and job applicants). The College has developed both preliminary (informal) and formal grievance procedures to handle complaints. These procedures apply to both affirmative action and unlawful discrimination complaints. a. All complaints will be investigated quickly and thoroughly and in a manner which maintains confidentiality and protects the rights and privacy of all parties. 2. Complaints may be communicated to, or filed with, the Human Resources Director/EEO, or any District administrator or classified manager. F. Sexual Orientation 1. The District will not tolerate discrimination on the basis of sexual orientation in employment or in academic programs or activities. Page 41 of 46 G. AIDS 1. College of the Redwoods has adopted Board Policy 813 which states that ". . . the College will treat all employees and students equally, regardless of whether they have AIDS/ARC, belong to a group thought to be particularly susceptible to AIDS/ARC, are related to or reside with persons having AIDS/ARC, or have tested positive for the HIV antibody. The district will not deny a person who has AIDS/ARC any benefits for which he/she is eligible. (Section 504, Title 2, Section 7293, and Title 5, Section 59300) "An individual with AIDS/ARC will not be denied employment or enrollment for instruction in the District as long as he/she is able to perform in accordance with the respective standard of each position." (Title VI; VII; IX; Section 504; California Government Code 11135 and 12900-12996; California Education Code, Section 200-264; Title 5, California Code of Regulations, Section 53029, 53030, 59300-59326; Title 2, California Code of Regulations, Section 7287.6, 7291, 7293) Former Administrative Regulation No. 809.06, number change only on June 5, 2012 Approved: Revised: 2/4/03 Page 42 of 46 REDWOODS COMMUNITY COLLEGE DISTRICT Administrative Procedure AP 3411 Number Update only from Administrative Regulation No. 809.04 STUDENT NONDISCRIMINATION PLAN College of the Redwoods is an "equal educational opportunity campus.” The Redwoods Community College District reaffirms its policy of non-discrimination, on the basis of minority status, sex or other impermissible grounds in the provision of services provided to the members of the public by facilities under the Redwoods Community College District. Further, the Redwoods Community College District commits itself to a continuing program to assure that unlawful discrimination does not occur in the services it renders to the public and that those sectors of the public affected by this policy be kept informed of its content. Equal opportunity is a condition, and College of the Redwoods recognizes that it has the responsibility of ensuring that the condition of equal opportunity is maintained. The Equal Educational Opportunity shall provide for the prompt, fair, and impartial consideration of all complaints of discrimination of a student on the basis of race, color, religion, or national origin. The College shall provide access to counseling or grievance procedure and shall encourage the resolution of students’ problems on an informal basis. Former Administrative Regulation No. 809.04, number change only on June 5, 2012 Adopted: 3/87 Amended: 2/4/03 Page 43 of 46 REDWOODS COMMUNITY COLLEGE DISTRICT Administrative Procedure AP 3412 Number Update only from Administrative Regulation No. 809.07 ACCESS TO PROGRAMS AND FACILITIES It is the policy of College of the Redwoods to provide access to District programs and facilities to individuals with disabilities to the fullest reasonable extent possible. Access to persons with disabilities is guaranteed by Section 508 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, and by Title 24, California Code of Regulations. College of the Redwoods recognizes that access has three distinct facets; physical impediments, access to programs and courses, and access to technology. In order for College of the Redwoods to meet and exceed its responsibility, the following policies set forth minimum standards for accessibility. I. Policy Statement - Access to Facilities The College recognizes that many of our facilities were constructed prior to the Americans with Disabilities Act and are therefore not compliant with current requirements for access. In order to upgrade these facilities, the College refers to the ADA Coordinator and to the Transition Plan Committee the responsibility to prioritize the problem areas as identified in the Accessibility Survey of District Facilities and the Transition Plan for remediation. Funding will be set by the District at 1/10th of 1% of District General Funds in a designated account that, if not spent in one year, will roll over to following years for major projects. All new construction and all remodel projects will be constructed to meet current access guidelines as promulgated by Title 24, California Code of Regulations. All costs associated with remodel projects and/or the change in use of a pre-existing space is the responsibility of the cost center initiating the change. Classroom and lab seating, furniture, and other furnishings shall be selected and purchased using the concept of universal design. Universal design is the design of products and environments to be usable by all people, to the greatest extent possible, without the need for adaption or specialized design. The intent of universal design is to simplify life for everyone by making products, communications, and the built environment more usable by as many people as possible at little or no extra cost. Universal design benefits people of all ages and abilities. II. Policy Statement - Access to Programs and Courses The College holds that no qualified student, on the basis of a disability, who may be reasonably accommodated, be excluded from participation in, denied the benefits of, or otherwise be subjected to any discrimination under any academic, research, occupational training, housing, counseling, athletics, recreation, other extracurricular activity, or program provided by the Page 44 of 46 District. In addition, no student or member of the public is denied access to any special event as a result of a disability. All District publications, brochures, handbooks, syllabi, phone directories etc. intended to convey information regarding courses, programs, or general information to students or members of the public shall be made available in alternate formats such as Braille, large print, or recorded hearing accessible media. All such printed materials shall include the following statement: 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. All District posters, flyers, handbills, etc. intended to convey information regarding one-time only concerts, lectures, discussions, etc. to students or members of the public shall include the following statement: Public Notice - Nondiscrimination College of the Redwoods does not discriminate on the basis of ethnicity, religion, age, gender, sexual orientation, color, or disabilities in any of its programs or activities. College of the Redwoods is committed to providing reasonable accommodations for persons with disabilities. Requests for accommodations should be made seven working days before this program. All District publications containing one or more telephone numbers shall include TTY numbers. III. Policy Statement - Access to Electronic and Information Technology Access to technology and electronic information is comprised of three facets: (1) products such as telecommunications, video and multimedia, self-contained closed products (e.g. ATM's, copiers, and fax machines), and desktop and portable computers; (2) assistive software; and (3) the informational presentation such as web pages and power point presentations. The purchase of products available for use by students or the public shall comply with the accessibility requirements of Section 508 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794d) and its implementing regulations set forth at Title 36 CFR Part 1194. Computer labs with more than ten stations for use by students shall have a minimum of three stations or 10%, whichever provides greater accessibility for the disabled use. Computer labs with less than ten stations shall have at least one accessible station. Standards for accessible software can be found in the Transition Plan. The College's home web page and all other pages associated with locations, programs, admissions, schedules, news, and departments shall meet Priority Levels I and II as set forth in Section 508 of the Rehabilitation Act of 1973, and its implementing regulations set forth at Title Page 45 of 46 36 CFR Part 1194. Every individual web page hosted by the College's web page shall meet at a minimum Priority I accessibility standards. Closed captioning of all television broadcasts and video taped distance education course materials shall be provided to persons with hearing disabilities. Former Administrative Regulation No. 809.07, number change only on June 5, 2012 Approved by Board of Trustees: November 6, 2001 Page 46 of 46