Student Rights, Grievances, and Grade Disputes

A. Purpose

The purpose of this procedure is to provide a prompt and equitable means of for resolving student grievances, a District decision or action has adversely affected his or her status, rights or privileges as a student. The procedures shall:

The exercise of rights of free expression protected by state and federal constitutions and Education Code Section 76120.
Infringement of any right specifically granted to the student by a duly established District rule or regulation.
Academic Grade Dispute Procedures, which are only allowed to the extent permitted by Education Code Section 76224(a), which provides, "When grades are given for any course of instruction taught in a community college district, the grade given to each student shall be the grade determined by the professor of the course and the determination of the student's grade by the professor, in the absence of mistake, fraud, bad faith, or incompetency, shall be final."
- Mistake - an unintentional errors or omissions made by a professor in calculating a student's grade, and/or clerical errors.
- Fraud - the deliberate misrepresentation, of the truth to secure an unfair or unlawful gain.
- Bad Faith - an intentional or malicious act that infringes on the rights of another.
- Incompetence - Lack of ability, legal qualification, or fitness to discharge a required duty.

Prior to filing a grievance to dispute a grade, students shall request a grade change by completing a petition for Change to Academic Record within one year from the end of the term in which the grade was received (Refer to AP 4231, Education Code 76224, Title 5 Section 55025 for further details.)

B. Exclusions

This procedure does not apply to:

Student disciplinary actions, which are covered under separate Board Policy BP 5500 Standards of Student Conduct and Administrative Procedures, AP 5500 Standards of Student Conduct, Student Misconduct Report Form (Form 5510 available on the District's Student Services Webpage), and 5520 Student Discipline Procedures;
Challenges of Course or Program pre-requisites or co-requisites, which must be resolved through policies and procedures of the applicable academic department; and/or the, Matriculation Appeals Committee.
Financial Aid eligibility which must be appealed through the online appeal process on the District's Financial Aid, Scholarships & Veterans Services web page.
Parking Citations which must be appealed through the online appeal process on the District's Police Department webpage.
Police Citations (i.e., "tickets" for moving violations, alcohol, etc.) which must be directed to the criminal justice system (court) in the same way as any traffic violation.
Students with concerns regarding professional, clinical, standards or training issues within specialized programs must follow the specialized grievance procedures listed in the specific program handbook:
1. Law Enforcement Police Academy (Peace Officers Standards & Training - POST)
2. Nursing Program - Associate Degree and Vocational (Health Sciences Division)
3. Psychiatric Technician Program (Health Sciences Division)
4. Radiologic Technology Program (Health Sciences Division)
Unlawful Discrimination and Harassment complaints which must be handled through the District's Administrative Procedures (See AP 3535/AP 3535.1). Discrimination and Harassment Complaint Procedure and Investigative Process, available from the District's Human Resource and Employee Relations office or on the College's web site.

C. Definition of Terms

Academic Grade Dispute/Grade Grievance: A claim by a student that his/her final grade was given by the professor in violation of Education Code Section 76224(a).
Day: Unless otherwise provided, day shall mean a day during which the District is in session and regular classes are held, excluding Saturdays and Sundays.
Grievance: A complaint related to the exercise of rights of free expression protected by state and federal constitutions and Education Code Section 76120; infringement of any right specifically granted to the student by a duly established District rule or regulation; or grade dispute that qualifies under Education Code Section 76224(a). No other issues qualify as a grievance.
Grievant: The student who is filing a grievance.
Hearing Officer: The Superintendent/President shall appoint a Hearing Officer to assist students with the grievance process, coordinate hearings and/or student grievances (other than academic grade dispute grievance, AP 5530), and train Hearing Panel members to facilitate fair and efficient hearings. The Hearing Officer shall remain neutral. This person may be the Assistant Superintendent/ Vice President of Student Services, or designee, usually the Dean of Counseling and Special Services.
Hearing Panel: A panel that is composed of members appointed in accordance with this procedure.
Non-Participant: A non-participant is any person invited to attend the hearing by either party to the grievance, who may not participate in hearing discussions and only attends as an observer.
Party: The student or any person or persons named as responsible for the student's alleged grievance together with their representatives. "Party" shall not include the Hearing Panel, the District Hearing Officer or Non-Participants.
Respondent: Any person claimed by a grievant to be responsible for the alleged grievance.
Senator for Student Advocacy: A student appointed by the Associated Student Body Government (ASBG), who may assist the student a grievance policy and in organization of documents, grievance hearing presentation and related materials.
Student: A currently enrolled student, a person who has filed an application for admission, or a former student. A grievance by an non-student applicant (for admission to the College) shall be limited to a complaint regarding denial of admission. Former students shall be limited to grievances relating to course grades to the extent permitted by Education Code Section 76224(a).
Superintendent/President: The Superintendent/President of the San Joaquin Delta Community College District.
Time Limits: For good cause, the Hearing Officer or Panel may adjust time limits described in this procedure.

D. Informal Resolution (Other than Academic Grade Disputes)

A student, believed to have been adversely affected by the act of a professor, administrator or other staff of the District, must make a reasonable, good faith attempt to resolve the matter within ten (10) days of the alleged act. To this end, the student shall complete a Grievance Mediation Form (Form 5535, available on the District's Student Services Webpage) and then attempt to discuss the matter with the staff member involved, or with the staff member's immediate supervisor, or the District administrator in charge of the program or department, usually a Dean or Director. Note: unless the student timely files a Grievance Mediation Form, the student shall be precluded from pursing a formal resolution of the grievance as provided below.
An equitable solution should be attempted before persons directly involved in the case have stated official positions that might tend to polarize the dispute and render a solution more difficult. At no time shall any of the persons directly or indirectly involved in the case use the fact of such informal discussion, the fact that a grievance has been filed, or the character of the informal discussion to strengthen the case for or against persons directly involved in the dispute, or for any purpose other than the settlement of the informal grievance
In the case of grievances related to Section A.1. Violation of the exercise of rights of free expression protected by state and federal constitutions and Education Code Section 76120, and/or Section A.2. Infringement of any right specifically granted to the student by a duly established District rule or regulation:
The District's Hearing Officer shall facilitate informal meetings and discussion between persons directly involved in a grievance at the outset of a dispute. In an attempt to resolve a grievance informally, the student may seek the assistance of the Associated Student Body Government's (ASBG's) Senator of Student Advocacy.
In the case of grievances related to Section A.3., Academic Grade Disputes, the student must first request a grade change by completing a Petition for Change to Academic Record (AP 4231) within one year from the end of the term in which the grade was received. (Refer to AP 4231, Education Code 76224, Title 5 Section 55052 for further details.) If the student has completed this process, see Section J. of this procedure.

E. Formal Resolution (Other than Academic Grade Disputes)

The burden shall be upon the grievant to prove by a preponderance of the evidence that the facts alleged are true and that a grievance has been established as specified in this procedure.
A Grievance Mediation Form (Form 5535 available on the District's Student Services Webpage) shall be filed by the student with the Hearing Officer within ten (10) days of the date that the student knew or should have known of the basis of the grievance. Failure of the student to file the completed grievance form within the specified time period shall constitute a waiver of any right to further proceedings.
Within ten (10) days following receipt of the Grievance Mediation Form, the Hearing Officer shall advise the student of his or her rights and responsibilities under these procedures.
If, at the end of five (5) days following the student's first meeting with the Hearing Officer, there is no resolution of the complaint which is satisfactory to the student, the student shall have the right to request a grievance hearing, by completing a Request for Grievance Hearing Form (Form 5540 available on the District's Student Services Webpage) and submit it to the Hearing Officer.
The Hearing Officer will perform a preliminary review of the Request for a Grievance Hearing to determine if the student has met the conditions to pursue a formal hearing.
If the Hearing Officer determines that any of the grounds for a grievance have has not been satisfied, the Hearing Officer will notify the student in writing that the request for a grievance hearing has been rejected, and state the specific reason(s) for the rejection.
If the Hearing Officer determines that all the conditions for a grievance hearing have been met, the Hearing Officer shall notify the student of the hearing date, time and location at least two (2) days in advance of the hearing. At this time, the person(s) against whom the grievance is filed shall be notified of the status of the grievance, and shall be given a copy of the Grievance Mediation and Request for Grievance Hearing forms, along with any other documentation that has been provided.

F. Determination to Grant or Deny a Request for Grievance Hearing (Other than Academic Grade Disputes)

The formal hearing shall be held within fifteen (15) days after a formal request for a hearing is received. Within ten (10) days following receipt of the Request for Grievance Hearing, the Hearing Officer shall notify the Hearing Panel members.
At a regularly scheduled meeting of the Hearing Panel, the panel shall first meet in private, without the parties present, to review the Request for Grievance Hearing form, and determine if there are sufficient grounds for a hearing based on the following:
1. The grievant is a student as defined in these procedures, which include applicants and former students;
2. The statement contains facts which, if true, would constitute a grievance under these procedures;
3. The grievant is personally and directly affected by the alleged grievance;
4. The grievance was filed in a timely manner;
5. The grievance clearly is not without foundation and has not been filed for purposes of harassment.
If the Hearing Panel finds that the request satisfies each of the requirements, the Hearing Panel Chair shall notify the parties that the Grievance Hearing will proceed.
If the grievance does not meet each of the requirements, the Hearing Panel Chair shall notify the parities present that the hearing will not proceed. The Hearing Panel Chair will notify the student in writing of the rejection of the Request for a Grievance Hearing, together with the specific reasons for the rejection, and provide the procedures for appeal to the Superintendent/President. This notice will be provided within two (2) days of the date the decision is made by the Grievance Hearing Panel.
Any appeal relating to a Grievance Hearing Panel's decision that the Statement of Grievance does not present a grievance as defined in these procedures, shall be made in writing to the Superintendent/President within five (5) days of that decision. The Superintendent/President shall review the Statement of Grievance and Request for Grievance Hearing in accordance with the requirements for a grievance provided in these procedures, but shall not consider any other matters. The Superintendent/President's decision whether or not to grant a grievance hearing shall be final and not subject to further appeal.

G. Request for Hearing Panel (Other than Academic Grade Grievance)

At the beginning of the academic year, the Superintendent/President, the presidents of the Academic Senate, Management Senate, Classified Senate, and Associated Student Body Government (ASBG) shall each establish a list of at least five (5) persons who will serve on Disciplinary Appeal Hearing Panels (AP 5520) and/or Student Grievance Hearing Panels (AP 5530), (other than an Academic Grade Grievances). Those who accept appointment to serve on hearing panels, agree to be available when a hearing panel is convened. Members will serve a term of two years.
Hearing Panels for a Grievance (other than an Academic Grade grievance) shall be composed of one (1) Superintendent/President appointee, one (1) administrator, one (1) faculty member, one (1) classified staff member, and one (1) student. The Hearing Officer shall compose (5) five-member Hearing Panels from the names on these lists described above and shall designate who shall act as chair of the panel.
When a student's grievance is related to an Academic grade dispute the Hearing Panel will be formed per Section J. of this procedure.
1. No administrator, faculty, classified member or student shall serve on any hearing panel who has any personal involvement in the matter to be decided, who is a necessary witness, or who could not otherwise act in a neutral manner. Any party to the grievance may challenge for cause any member of the Grievance Hearing Panel prior to the beginning of the hearing by addressing a written challenge to the Hearing Officer, who shall determine whether cause for disqualification has been shown.
2. If the Hearing Officer finds that sufficient grounds for removal of a member of the panel have been presented, the panel member shall be removed and a new member designated.
3. The Hearing Officer shall coordinate scheduling of hearings; and shall assist all parties and the Hearing Panel to facilitate a fair and efficient resolution of the grievance. The Hearing Officer will not participate in the hearing, but will be available for questions and clarification of process.
4. The District Hearing Officer shall remain neutral.
Hearing Panel Training: Members appointed to serve on Disciplinary Appeal or Student Grievance Hearing Panels shall be regularly trained on responsibilities; including the requirements of Board Policy and Administrative Procedures in the area of student discipline, student grievances, effective hearing protocol, roles and responsibilities of panel members and the chair, and other issues bearing upon the integrity and effectiveness of these Hearing Panels.

H. Grievance Hearing Procedure (Other than Academic Grade Disputes)

The Hearing Panel Chair shall maintain an orderly meeting and permit no person to be subjected to abusive treatment. In this regard, the Hearing Panel Chair may eject or exclude any person who refuses to be orderly. The decision of the Hearing Panel Chair shall be final on all matters relating to the conduct of the hearing unless there is a vote of a majority of the other members of the panel to the contrary.

The members of the Hearing Panel shall be provided with a copy of the Statement of Grievance and Request for Grievance Hearing Form, all evidence, statements, reports, and any written response provided by the respondent before the hearing begins.
Each party to the grievance may call witnesses and introduce oral and written testimony relevant to the issues of the matter.
Formal rules of evidence shall not apply. Any relevant evidence may be admitted if it is the sort of evidence upon which reasonable persons are accustomed to rely in the conduct of serious affairs regardless of the existence of any common law or statutory rule which might otherwise exclude such evidence.
Unless the Hearing Panel determines to proceed otherwise, each party to the grievance shall be permitted to make an opening statement. Thereafter, the grievant shall make the first presentation followed by the respondent(s). The grievant may present rebuttal evidence after the respondent(s)' evidence. The burden shall be on the grievant to prove by a preponderance of the evidence that the facts alleged are true and that a grievance has been established as specified above.
Each party to the grievance may represent him or herself, and may be represented by a person of his or her choice. The Hearing Panel may also request legal assistance through the Superintendent/President's office. Any legal advisor provided to the Hearing Panel may sit with the panel in an advisory capacity to provide legal counsel but shall not be a member of the panel nor vote with it.
Grievance Hearings shall be closed and confidential unless all parties request that it be open to the public. Any such request shall be made no less than five (5) days prior to the date of the hearing. The Grievance Hearing Panel may approve or deny such a request.
Non party witnesses shall not be present at the hearing when not testifying unless all parties and the Grievance Hearing Panel agree to the contrary.
The District shall record the hearing either by audio or stenographic recording. This shall be the only official recording made of the hearing. No witness who refuses to be recorded may be permitted to give testimony. In the event the recording is by audio recording, the Hearing Panel Chair shall, at the beginning of the hearing, ask each person present to identify themselves by name and, thereafter, ask witnesses to identify themselves by name. The audio recording shall remain in the custody of the District at all times, unless released to a professional transcribing or copying service. The student may request a copy of the recording. If the District causes the recording to be transcribed, the District shall provide a copy of the transcription to the student after receipt of the completed transcription by the District. However, the District is under no obligation to cause the recording to be transcribed.
All testimony shall be taken under oath. The oath shall be administered by the Hearing Panel Chair or court reporter. Written statements of witnesses under penalty of perjury shall not be used unless the witness is unavailable to testify, as determined by the Hearing Panel Chair. A witness who refuses to be audio recorded shall not be considered to be unavailable. In other words, mere refusal by a witness to be recorded is not an acceptable excuse for submitting written testimony.
Within ten (10) days following the close of the hearing, the Hearing Panel Chair shall prepare and send to the Superintendent/President a written recommendation by the Panel. The recommendation shall include specific factual findings regarding the grievance and include specific conclusions regarding whether a grievance has been established as defined above, and shall include a specific recommendation regarding the relief to be afforded the grievant, if any. The recommendation shall be based only on the record of the hearing and not on matters outside of that record. The record consists of the original grievance, any written response, and the oral and written evidence produced at the hearing.

I. Superintendent/President's Decision (Other than Academic Grade Disputes)

Within ten (10) days following receipt of the Grievance Hearing Panel's recommendation(s), the Superintendent/President shall send to all parties his or her written decision, together with the Hearing Panel's recommendations. The Superintendent/President may accept or reject the recommendation(s) of the Hearing Panel. The factual findings of the Hearing Panel shall be accorded great weight. If the Superintendent/President does not accept the recommendation(s) of the Hearing Panel, the Superintendent/President shall review the record of the hearing and prepare a new written decision which contains specific factual findings and conclusions. The Superintendent/President's decision shall be final.

J. Academic Grade Dispute Grievance - Informal Resolution.

A student shall first challenge a grade by completing a Petition for Change to Academic Record (AP 4231) and provide documentation to support the request. The petition will be sent to the professor for review and input. Once the professor responds, the student will be notified via student email by the Director of Admissions, Records and Registration. Only one Petition for Change to Academic Record (grade change petition) is allowed per course (AP 4231, EC 76224, Title 5 Section 55025) and must be submitted within one year from the end of the term in which the grade was received. (Refer to AP 4231, EC 76224, Title 5 Section 55025 for further details.) .
A student who believes a final course grade was assigned due to mistake, fraud, bad faith, or incompetence, EC 76224(a), must meet first with the faculty member to resolve his or her concern.
1. If meeting with the professor does not resolve the issue, the student may obtain a Grievance Mediation Form (Form 5535) from the Division Dean of the course of study. The student will return the completed Grievance Mediation Form to the applicable Division Dean with a specific statement of the alleged wrong-doing, the name of the faculty member, name of the course, and the nature of relief sought by the grievant. The burden shall be upon the grievant to prove by a preponderance of the evidence that the facts alleged are true and that a grievance has been established.
2. The Division Dean may schedule a meeting of all parties concerned, if appropriate. The Division Dean shall make a recommendation to the parties within ten (10) instructional days.

K. Academic Grade Dispute Grievance - Formal Resolution

If either party is dissatisfied with the recommendation of the Division Dean, he or she may appeal the matter to the Assistant Superintendent/Vice President of Instruction, or designee, within ten (10) days of the Division Dean's recommendation by submitting a Request for Grievance Hearing Form (Form 5540, available on the District's Student Services Webpage). The burden shall be upon the grievant to prove by a preponderance of the evidence that the facts alleged are true and that a grievance has been established.
Upon receiving the student's request for a formal Grade Dispute Grievance Hearing, the Assistant Superintendent/Vice President of Instruction or designee will review the request to determine whether the Request for a Grievance Hearing presents sufficient grounds for a hearing. Grade grievances are only allowed to the extent permitted by Education Code Section 76224(a) which provides, When grades are given for any course of instruction taught in a community college district, the grade given to each student shall be the grade determined by the professor of the course and the determination of the student's grade by the professor, in the absence of mistake, fraud, bad faith, or incompetency, shall be final.
1. Mistake may include, but is not limited to, unintentional errors or omissions made by a professor in calculating a student's grade, and/or clerical errors.
2. Fraud An intentional perversion of the truth for the purpose of inducing another to part with something valuable or to surrender a legal right.
3. Bad Faith Synonymous with fraud, neglect, or refusal to fulfill some duty or contractual obligation, not prompted by an honest mistake as to one's rights or duties.
4. Incompetence Lack of ability, legal qualification, or fitness to discharge a required duty.
If the Assistant Superintendent/Vice President of Instruction or designee determines that the grounds for a Grade Dispute Grievance have not been satisfied, the Assistant Superintendent/Vice President of Instruction or designee will notify the student in writing within then (10) days of the determination that the grievance has been rejected, and state the specific reason(s) for the rejection.
If it is determined that there are sufficient grounds, the Assistant Superintendent/Vice President of Instruction or designee shall notify the student in writing and convene a Hearing Panel within fifteen (15) days of the determination, in accordance with the following:
1. California Teachers' Association (CTA) contract language states in Article XVI- Evaluation of Faculty, 16.1.3 Definitions, 16.1.1., Authorized evaluators include Division Deans, Directors, Immediate Supervisors, Deans, Assistant Superintendent/Vice President of Student Services, Assistant Superintendent/Vice President of Instruction, and outside evaluators.
2. Therefore, only the administrative positions listed above shall have authority to evaluate whether or not a faculty member made a mistake, committed fraud, bad faith, or was incompetent in assigning a grade. Thus, the Hearing Panel for Academic Grade Dispute Grievance hearings shall be composed of the Assistant Superintendent/Vice President of Instruction, the Assistant Superintendent/Vice President of Student Services, an Instructional Dean and the Division Dean/immediate supervisor of the faculty member.
Within five (5) days following the close of the hearing, the Assistant Superintendent/Vice President of Instruction or designee shall prepare and send a written recommendation of the Panel to the Superintendent/President. The recommendation shall include specific factual findings regarding the grade dispute, and include specific conclusions regarding whether a grade dispute has been established, and include a specific recommendation regarding the relief to be afforded the grievant, if any. The recommendation shall be based only on the record of the hearing and not on matters outside of that record. The record consists of the original grade dispute consisting of the Grievance Mediation Form, the Request for Grievance Hearing Form, any written response, and the oral and written evidence produced at the hearing.
The Superintendent/President shall review the recommendation of the panel. The Superintendent/President shall make a written decision within ten (10) instructional days and notify the parties involved.
The Superintendent/President's decision shall be final.

(AP 5530 5/14/14)

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