PROCEDURE
PAGE
SUBJECT
LEGAL
AUTHORITY
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PROCEDURE: STUDENT OMBUDSMAN
OFFICE
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Revision #99-5
PROCEDURE: STUDENT OMBUDSMAN OFFICE
I.
STUDENT’S ACCESS TO COURSES
GRANTED TOWARD THE DEGREE.
AND
CREDIT
A student who believes that his/her rights to access a course or
to credit granted toward their degree has been wrongfully
abridged may appeal to the Office of the Student Ombudsman
provided:
A. The student has met with the appropriate program director
or other appropriate administrator seeking resolution. The
program director has denied the request. (The program
director shall send the student a copy of this Procedure and
a written denial of the student’s request setting forth the
reasons for the denial.)
B. That upon the denial by the program director of the student’s
request, the student seeks review of the program director’s
denial. The student must present in writing within 10
working days after the denial his/her request and the
reasons supporting the request to the associate provost or
designee. The associate provost or designee shall, within 5
working days after the receipt of the written request, affirm or
overrule the program director’s decision. The associate
provost or designee shall send the student and the program
director a copy of the written determination by delivery,
College mail or U. S. Mail. In the event the associate
provost or designee affirms the decision of the program
director and denies the student’s request, the student may
within 10 working days after the date of the associate
provost’s or designee's written determination, file a written
appeal to the Office of the Student Ombudsman stating the
reasons supporting the appeal and send copies of the
written appeal to the program director and associate provost
or designee by delivery or U. S. Mail.
C. If the student appeals to the Student Ombudsman, the
program director and/or the associate provost or designee
may file a written response to the student’s written appeal
with the Student Ombudsman within 5 working days after
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receipt of the student’s written appeal. Any written response
should be sent to the student, the program director or
associate provost or designee by delivery, College mail
and/or U. S. Mail. (The student, program director and the
associate provost or designee shall be collectively described
hereinafter as the “interested parties.”)
II.
THE AUTHORITY OF THE STUDENT OMBUDSMAN:
A. Assistance. The Office of the Student Ombudsman may
assist a student any time in matters related to the student’s
access to courses and credit granted toward their degree.
B. Authority on Appeal. The Student Ombudsman shall have
the authority to review the denial of the student’s request for
access to courses or for credit granted toward the student’s
degree as set forth in subparagraph D.1. or 2. below and
may grant the student's request provided:
1.
That the student has complied with Paragraph I. above;
and
2.
The Student Ombudsman determines that one or more
of the following reviewable grounds exist:
a. that there has been inappropriate disparate
treatment of this student as compared to other
students in the program;
b. that there is unlawful discrimination;
c. that the student previously received and had
reasonably relied upon inappropriate or misleading
information given by a College official who the
student reasonably should have believed was
qualified to give the information; and/or;
d. that the student has presented substantial evidence
of undue hardship and the action taken by the
Student Ombudsman would not substantially alter
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the program, its requirements and/or adversely
affect the rights of other students.
C. Alternative Procedure/Election.
The student in lieu of
appealing to the Student Ombudsman may in the alternative
use the appeal procedure for matters which are grievable
under BOT Rule 6Hx23-4.36 - Student Grievances and
Appeals, Appeals to Waive Requirements of CLAST,
Appeals to Exclude Coursework From Grade Point Average
Calculations,
Student
Body
Governance
and
Recommendations
or
P6Hx23-1.34
Procedure
Discrimination Grievance. Once a student has filed an
appeal with the Office of the Student Ombudsman pursuant
to this Procedure or in the alternative has filed an appeal
grievable pursuant to BOT Rule 6Hx23-4.36 and P6Hx231.34 with the chairperson of the respective Grievance
Committee pursuant to the formal resolution process, the
student shall be deemed to have made an election of which
procedure is to be used and the decision of the student is
final and the student shall not be permitted to thereafter
pursue the other alternatives.
D. Procedure Before the Student Ombudsman. The student
appeals to the Student Ombudsman, when:
1.
The student has complied with Paragraph I. above; and
2.
The Student Ombudsman determines that one or more
of the foregoing (II. B. 2. a-d) reviewable grounds exist;
the student may:
a. Request a hearing with the Student Ombudsman
serving as the hearing officer and decision maker.
The student and other interested parties may
present evidence, cross-examine witnesses and
provide written or oral argument of their position.
The Student Ombudsman shall send all interested
parties a copy of said Guidelines with the Notice of
Hearing. The Student Ombudsman shall send all
interested parties a copy of the written decision
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stating the reasons therefore by delivery, College
mail or U. S. Mail within 10 working days after the
conclusion of the hearing.
b. Or in the alternative, request the Student
Ombudsman to investigate and review the matter
and based upon the investigation and review, the
Student Ombudsman shall have the right without
holding a hearing to enter a decision. When the
student chooses this alternate procedure before the
Student Ombudsman, the Student Ombudsman
shall investigate and review the matter and grant or
deny the student's request in writing stating the
reasons for the decision within 20 working days
after the receipt of a timely request. The Student
Ombudsman shall send the interested parties a
copy of the decision by delivery, College mail and/or
by U. S. Mail. The student waives any right to a
hearing when choosing this alternate method of
review and appeal to the Student Ombudsman.
c. The student must elect between the procedures set
forth in Subparagraph 1. or 2. above at the time of
filing the appeal to the Student Ombudsman,
provided the student may withdraw the request for a
hearing and request the Student Ombudsman
proceed under Subparagraph 2. at any time before
the date of the scheduled hearing.
III.
APPEAL TO THE PRESIDENT
The student, the program director, and/or the associate provost
or designee may appeal the decision of the Student
Ombudsman to the President, provided, however, the President
shall not reverse the decision of the Student Ombudsman
unless the Student Ombudsman’s action is not supported by
competent substantial information recorded in his/her file, is
beyond the authority of the Student Ombudsman, is not based
on one or more of the grounds set forth in Paragraph II. B.2 a.d. above and/or the Student Ombudsman’s determination is
arbitrary and capricious and without rational basis.
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A. Any party appealing to the President must file their appeal in
writing stating the reasons the decision of the Student
Ombudsman should be reversed or modified. The appeal
must be filed with the President within 10 working days after
the date of the Student Ombudsman’s decision with a copy
of the appeal request being sent to other interested parties
(which shall include the student, program director, associate
provost or designee and the Student Ombudsman) by
delivery, College mail and/or U. S. Mail. Other interested
parties may respond to the appeal request in writing to the
President within 10 working days after the date the appeal is
filed with the President and shall send copies of their
response to other interested parties by delivery, College mail
and/or U. S. Mail.
B. The record on appeal to the President shall consist of the
student’s request and reasons at each level of review and/or
appeal, the program director’s denial, the associate
provost’s or designee's denial, the Student Ombudsman’s
complete file, and any request for appeal or response.
C. The President’s decision shall constitute final action. The
President shall send a copy of the decision to the student,
program director, associate provost or designee and Student
Ombudsman by delivery, College mail and/or U. S. Mail.
IV.
TIME LIMITATIONS
A. For Review Or Appeal
The failure of the student, program director or the associate
provost or designee to seek timely review or appeal as
provided herein shall constitute a waiver of any rights of
further review or appeal.
B. For Decisions
The person whose duty it is to make a decision shall do so
within the time limitations set forth herein above, provided,
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however, the time may be extended at any level when
reasonably necessary upon the approval of the President.
V.
APPOINTMENT OF THE STUDENT OMBUDSMAN
The President shall appoint the Student Ombudsman, who shall
be accountable to the President.
VI.
NOTIFICATION TO STUDENTS
The College catalog and student handbook shall outline
availability of the Office of the Student Ombudsman to assist
students with access to courses and credit granted toward their
degree and of student’s right of appeal to the Student
Ombudsman of an adverse decision related to the student’s
access to courses or credit granted toward their degree.
Specific Authority: 240.319 (2) & (3) F.S.
Law Implemented: 240.3193, F.S.
History:
Adopted - 5/21/96. Effective - 5/21/96; 5/18/99. Filed - 5/18/99.
Effective - 5/18/99.
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