THE STUDENT GRIEVANCE PROCEDURE FOR THE SOUTH CAROLINA TECHNICAL COLLEGE SYSTEM

November 12, 2003

I.                PURPOSE

The purpose of the student grievance procedure is to provide a system to channel student complaints against faculty or staff, concern­ing the following:

A.                  Alleged discrimination on the basis of age, gender, race, disability or veteran's status, excluding sexual harassment complaints.  Because of the sensitive nature of this type of complaint, a conference with the Vice President for Student Services may replace the first step of the grievance procedure.  The Vice President for Student Services will counsel with the student to determine the appropriate action that is required.

B.                   Alleged sexual harassment complaints should be directed to the Vice President for Student Services.  Because of the sensitive nature of this kind of complaint, a conference with the Vice President for Student Services will replace the first step of the grievance procedure.  The Vice President for Student Services will counsel with the student to determine the appropriate action that is required.

If the grievance is not resolved after this meeting, then the remainder of the grievance procedure will be followed.

C.                   Academic matters, excluding individual grades except when the conditions in items A or B above apply.

 II.                DEFINITIONS

When used in this document, unless the content requires other meaning,

A.                  “College” means any college in the South Carolina Technical College System.

B.                   “President” means the chief executive officer of the college.

C.                   "Administrative Officer" means anyone designated at the college as being on the administrative staff, such as the President, Vice President for Instruction, Vice President for Student Services, etc.

D.                  "Vice President for Student Services" means the Administrative Officer at the College who has overall management responsibility for student services or his/her designee.

E.                   Vice President for Instruction is the Administrative Officer at the College who has overall management responsibility for academic programs and services or his/her designee.

F.                   "Student" means a person taking any course(s) offered by the college.

G.                   "Instructor" means any person employed by the college to conduct classes.

H.                  “Staff" means any person employed by the college for reasons other than conducting classes.

I.                     "Campus" means any place where the college conducts or sponsors educational, public service, or research activities.

III.                PROCEDURES

A.            First Step

The student must go to the instructor or staff member where the alleged problem originated.  An attempt will be made to resolve the matter equitably and informally at this level.  The conference must take place within ten instructional weekdays of the incident that generated the complaint.

B.            Second Step

If the student is not satisfied with the outcome of  the informal conference, the student may file a written grievance.  The Vice President for Student Services, or designee, shall make a grievance form available to the student and explain the grievance process to the student. 

The completed grievance form must be presented to the Vice President for Student Services, or designee, within ten instructional weekdays after satisfying the first step in the grievance process. The Vice President for Student Services, or designee, shall give written acknowledgment of receipt of the grievance form.  This acknowledgment shall be given immediately or no later than two instructional weekdays after receipt of the student's grievance form.  The Vice President for Student Services, or designee, will then refer the grievance to the immediate supervisor involved.  The supervisor shall respond in writing to the student within ten instructional weekdays of receipt of the grievance form.  As a part of the effort to resolve the issue, the supervisor will consult with the accused and Chief Administrative Officer of the division or component concerned.

C.            Third Step

If the supervisor’s written response does not resolve the matter, the student may  request to appear before the Student Grievance Committee.  The student must submit a written request within five instructional weekdays after receiving the supervisor's written.  The request shall include a copy of the original grievance form and the reason why the supervisor's response was unsatisfactory.   The student must attach a copy of the supervisor's response to the request.  The Vice President for Student Services shall immediately notify the President who shall ensure that the Committee is organized in a manner consistent with Section IV. A of this procedure.  The Vice President for Student Services, or designee, will send copies of the appeal to the members of the Committee, the employee, and the employee's supervisor.  The employee against whom the grievance was filed shall be given an opportunity to respond in writing to the chairperson of the Committee.

The Student Grievance Committee’s meeting(s) shall be conducted between five and fifteen instructional weekdays following the date of the request.  The chairperson may grant a postponement if either party submits a written request no later than five instructional weekdays prior to the scheduled meeting.

D.            Fourth Step

If either party is not satisfied with the Committee's decision, that person may submit an appeal  to the President of the college within ten instructional weekdays of the Committee's decision.

The President shall review the Committee's findings, conduct whatever additional inquiries are deemed necessary and render a decision within ten instructional weekdays of receipt of the appeal.  The President's decision is final.

IV.           THE STUDENT GRIEVANCE COMMITTEE

A.                  The Student Grievance Committee shall be composed of the following:

1.                    Three students recommended by the governing body of the student body.

2.                    Two faculty members recommended by the Chief Instructional Officer.

3.                    One Student Services staff member recommended by the Vice President for Student Services.

4.                    One administrator, other than the Vice President for Student Services, to serve as the Committee's chairperson.

5.                    The Vice President for Student Services, or designee, who serves as an ex-officio, non-voting member of the committee.

The President must approve all recommended members.

B.            Purpose and Function of Grievance Committee

1.                    All student grievance committees are ad hoc and shall be formed to hear specific complaints.  A new committee may be formed every time that a grievance covered under this procedure is filed.

2.                    Whenever a committee is formed, it may adopt additional rules and guidelines not in contradiction with these procedures.

C.            Rights of the Parties Involved in a Grievance

When a grievance committee meeting is scheduled, the parties involved are entitled to

1.                    A written notice of the complaint that shall be forwarded to all parties at least five instructional weekdays prior to the meeting unless the student filing the complaint waives this requirement.  This notice shall include the following:

a.                    A brief description of the complaint, including the name of the person filing the complaint;

b.                   the date, time, and location of the meeting; and

c.                    the name of any person who might be called as a witness.

2.                    Review all available evidence, documents or exhibits that each party may present at the meeting.  This review must take place under the supervision of the Vice President for Student Services or his/her designee.

3.                    Appear in person, present information on his or her behalf, and present additional evidence to the committee, subject to the Committee’s judgment that the evidence is relevant to the appeal.

4.                    Call witnesses who are dismissed after providing testimony and responding to questions posed by the Committee and either party in the appeal.

5.                    An advisor who shall not address the Committee or ask any witness a question.  Payment of legal fees is the student's responsibility.

D.            HEARING PROCEDURES

1.                    Hearings are closed to the public.  When testimony is being given, only the committee members, the student and his/her advisor, the employee and his/her advisor, and the witness giving testimony may be present.  During deliberations, only the members of the Committee may be present. 

2.                    Hearings are informal and a tape recording of the testimony presented during the appeal hearing may be made.  The Committee’s deliberations are not tape-recorded.  After resolution of the appeal, the tape recording will be kept for three months in the office of the Vice President for Student Services.  Either party in the appeal may listen to this tape recording under the supervision of the Vice President for Student Services or designee.

3.                    The Committee may question the student and the employee.  The Committee may also question the employee’s supervisor and any additional witnesses that it considers necessary to render a fair decision.  Questions must be relevant to the issues of the appeal.

4.                    Both parties to the appeal may ask questions of the other during the meeting.  These questions must be relevant to the issues of the appeal.  The Chairperson of the Committee will determine the appropriateness of the questions.

5.                    The student shall bear the burden of proof.

6.                    The Committee shall decide the solution of the grievance by a majority vote.  In case of a tie, the chairperson shall vote and thus break the tie.

7.                    The chairperson shall forward a copy of the Committee's decision to all parties involved and to the office of the President of the college within two instructional weekdays of the Committee's decision.  This letter will include a rationale for the Committee’s decision.