I. Purpose
A. The purpose of this Student Grievance Procedure (“Procedure”) is to implement the Student Grievance Policy (“Policy”) of Anne Arundel Community College (“College”) by providing an orderly process for resolving Grievances from Students and Student Groups at the College.
B. This Procedure sets forth the process for the filing, consideration, and disposition of Grievances, including an opportunity for informal resolution, formal review, and appeal.
II. Scope and Applicability
A. This Procedure applies to any Grievable Actions that are alleged by Students or Student Groups against Employees and does not apply to non-grievable matters.
B. To the extent that the College Manual conflicts with this Procedure, this Procedure supersedes the College Manual.
III. Definitions
A. All capitalized terms in this Procedure have the meanings provided in the Policy.
B. All other capitalized terms in this Procedure have the following meanings:
1. Business Day means any day that is not a Saturday or Sunday or day that the College is closed, such as holidays, spring break, winter break, or other day that the College announces that it is closed.
2. Preponderance of the Evidence means it is more probable than not that the Grievable Action occurred.
3. Written or in writing means in the form of a letter, document, email, or electronic communication or transmission.
IV. Steps for Resolving a Student Grievance
A. A Student is encouraged to submit a Grievance as soon as possible to resolve the Grievable Action. If a Grievance Form is not submitted within one (1) year of the date on which the Grievable Action took place, the Grievance is waived.
B. Anonymous Grievances in which the identity of the Grievant or Respondent is not disclosed will not be considered pursuant to this Procedure.
C. Any Grievant who wants to allege a Grievable Action must pursue the Grievance as follows:
1. Step 1 – Informal Discussion with the Respondent
a. Prior to filing a Formal Grievance, a Grievant is encouraged to attempt to informally discuss the issue underlying the Grievance with the Respondent and make a good faith effort to resolve the Grievance promptly and fairly.
b. When attempting to informally resolve the Grievance, the Grievant should describe, verbally or in writing, to the Respondent the alleged Grievable Action and suggest a remedy.
c. If the Grievance is resolved informally at Step 1, the Grievant and Respondent are encouraged to document the agreed-upon resolution in writing via email or other appropriate means to avoid further disputes regarding the underlying issue or misunderstandings regarding the resolution.
2. Step 2 – Formal Resolution of Grievance
a. If a satisfactory resolution is not reached after direct discussion with the Respondent or if the Grievant chooses not to discuss the matter informally with the Respondent, the Grievant must submit a Grievance Form through the online grievance reporting and case management system.
i. If a Grievant needs assistance due to a disability in submitting a Grievance, the Grievant should contact the Dean of Student Development.
b. Upon receipt, the Dean of Student Development shall review the Grievance Form and determine whether the Grievance can proceed or be dismissed. A Grievance will be dismissed on the following grounds:
i. If the Grievance Form is not timely submitted; in such case, the Grievance is considered waived, unless the Grievant can show extenuating circumstances that justify considering the request beyond the deadline, such as a medical emergency;
ii. If the Grievance Form does not identify a Grievable Action under the Policy; or
iii. If the subject matter of the Grievance was previously considered under this or another College Procedure or is being concurrently reviewed under another College policy or procedure.
c. If the Grievance is dismissed, the Dean of Student Development will notify the Grievant in writing, stating the reason(s) for the dismissal.
d. The Dean of Student Development may consult with the Office of General Counsel and/or the Vice President of Learner Support Services prior to making a decision to dismiss a Grievance pursuant to this Section.
e. The Decision Maker’s decision regarding dismissal is final and is neither grievable nor appealable.
f. If the Grievance is not dismissed, the Dean of Student Development will forward the Grievance Form to the Respondent and Respondent’s Supervisor within five (5) Business days.
g. After receipt of the Grievance, the Supervisor will request that the Respondent respond to the Grievance in writing within five (5) Business Days.
h. At the request of either Party, the Supervisor may attempt to reach an informal resolution between the Parties at any time during the Grievance Process.
i. If the Grievance is resolved informally, the Supervisor must document the agreed-upon resolution in writing via email or other appropriate means to avoid further disputes regarding the underlying issue or misunderstandings regarding the resolution and provide a copy to the Parties.
ii. If the Grievance is not resolved informally or if informal resolution is not attempted within ten (10) Business days of the filing of the grievance, Step 2 will proceed.
i. The Supervisor will review the information provided by the Parties and may request additional information from the Parties, may seek to interview each Party and any witnesses who may have relevant information related to the Grievance, and may review any documents or information that may be relevant to understanding the Grievance.
j. The Student has the burden of proving that a Grievable Action occurred by a Preponderance of the Evidence.
k. Within ten (10) Business Days after completion of the investigation, the Supervisor will issue a written finding, including the reasons for the decision, as to whether the Respondent has committed a Grievable Action that resulted in harm to the Grievant, and, if so, will issue a remedy to the Grievant.
l. The Supervisor will send a copy of the decision to the Grievant and the Respondent.
3. Formal Grievance Against Certain Administrators
a. If the Respondent is a direct report of the Dean of Student Development, or the Dean of Student Development, the Formal Grievance shall be submitted to the Vice President of Learner Support Services, who will serve as the Decision Maker for Step 2. Step 3 appeals will be considered by the President.
b. If the Respondent is a direct report to the President, the Dean of Student Development will submit the Formal Grievance to the President, who will complete Step 2. There shall be no appeals after Step 2 in this circumstance.
c. If the Respondent is the President, the Dean of Student Development will submit the Formal Grievance to the Chair of the Board of Trustees, who will complete Step 2 or designate a third party to complete Step 2 and there will be no Step 3 appeal.
i. At the conclusion of the investigation, the Chair of the Board or designee will submit a report summarizing the investigation and making a recommendation to the full Board of Trustees.
ii. The Chair of the Board will call a closed session of the full Board of Trustees to discuss the Formal Grievance and decide the matter.
iii. The Chair of the Board is responsible for drafting the written decision on behalf of the Board of Trustees in accordance with Step 2.
4. Step 3 – Appeal
a. The Grievant may appeal the decision of the Supervisor by submitting a written Appeal Form via the online grievance reporting and case management system within five (5) Business Days stating the grounds for appeal.
b. An appeal may be filed on one of the following three grounds:
i. The College deviated from this Procedure in a clear and significant way, and if the Procedure had been followed, the outcome of the Grievance would have been different.
ii. The remedy issued by the Supervisor is not sufficient to remedy the harm caused by the Respondent’s action.
iii. New information is available that was not available at the time of the decision that, if true, would change the outcome of the Grievance.
c. Dismissal of Appeal
i. If an Appeal Form is not timely submitted, the Appeal is considered waived, unless the Grievant can show extenuating circumstances that justify considering the request beyond the deadline, such as a medical emergency.
ii. Upon receipt, the Decision Maker will review the Appeal Form to determine:
1) If the Appeal was filed timely; and
2) If the Appeal states a proper grounds for appeal.
iii. Within five (5) Business Days, the Decision Maker will make a decision as to whether the Appeal can proceed or will be dismissed.
iv. If the Appeal Form is dismissed, the Decision Maker will notify the Grievant in writing, stating the reason(s) for the dismissal.
v. The Decision Maker’s decision regarding dismissal is final and is neither grievable nor appealable.
d. If the Decision Maker does not dismiss the Appeal, the Decision Maker will provide a copy of the Appeal Form to the Respondent and the Respondent’s Supervisor within five (5) Business Days.
e. Consideration of the Appeal
i. The Decision Maker will gather any material deemed necessary for review and will meet with the Parties and any witnesses identified, as deemed necessary at the discretion of the Decision Maker, in order to gather facts and information needed to make a decision.
ii. Consideration of the Appeal will be completed within ten (10) Business Days of notifying the Parties that the Appeal will be considered.
iii. The Decision Maker will send a copy of the decision to the Grievant, the Respondent, and the Supervisor.
iv. The decision of the Decision Maker will be final, and no further appeals will be considered.
D. Extensions of Time
1. If the College is not in session during part of these proceedings, or in instances where additional time may be required because of the complexity of the case, unavailability of the Parties or witnesses, or other extenuating circumstances, any of the time periods specified herein may be extended by the Decision Maker, in their sole discretion.
2. If a period is extended, the Decision Maker will inform the Grievant and the Respondent in writing and provide the date of the extension.
E. Accommodations
The College is committed to providing reasonable accommodations and support to qualified Students, Employees, or others with disabilities to ensure equal access to the College’s Grievance Process.
Anyone needing such accommodations or support should contact the Decision Maker, who will work with disability support colleagues as appropriate to review the request and, in consultation with the person requesting the accommodation, determine which accommodations are appropriate and necessary for full process participation.
F. Advisors
1. Either Party may be advised or accompanied by another eligible member of the College community at any stage of this Procedure.
2. The Student must complete and sign a FERPA Release Form if information in the Student’s educational record will be disclosed as part of the Grievance.
3. The Advisor must not be involved in a conflict of position, such as might be the case with a member of the Office of Human Resources, the Chief Compliance and Fair Practices Officer, or General Counsel’s Office.
4. The Advisor may not be a witness or otherwise involved in the Grievable Action.
5. The Advisor may not be the Supervisor, Next Line Supervisor, or the Decision Maker.
6. The Party must notify the Supervisor or Decision Maker if the Party wants to bring an Advisor to a meeting pursuant to this Procedure.
7. An Advisor is not permitted to be an active participant in the meeting and has a non-speaking role.
8. An Advisor may not delay or disrupt any meetings.
9. If the Advisor does not comply with this Procedure, the Advisor may be asked to leave and if so, will not be permitted to participate further.
Procedure Title: Student Grievance Procedure
Policy Category: Student Affairs
Policy Owner: Vice President for Learner Support Services
Policy Administrator: Dean of Student Development
Contact Information: deanstudents@aacc.edu
Approval Date: July 29, 2024
Effective Date: October 11, 2024
History: N/A
Applies to: All Students and Employees
Related Policies:
Related Procedures:
Forms/Guidelines:
Relevant Laws: