23.1.08 - Student Appeals and Grievances Policy

Students & Learners: Student Services

Last Updated: 06/10/2021

Original policy date: 06/22/2015

Applies to: Faculty, Staff, Students

Policy Status, Date of Last Review

Current, as of June 10, 2021

Next Scheduled Review Date

June 1, 2023

 

I. Rationale
The purposes of this policy are to: 1) define and distinguish grievances by type, either Informal Grievances or Formal Grievances; 2) describe options for student reporting of Informal and Formal Grievances at Baylor College of Medicine (BCM), 3) differentiate procedures to resolve Grievances by type; and 4) outline procedures to resolve Appeals by type. BCM is committed to treating all students respectfully and fairly and providing a high quality educational environment and experience. BCM seeks to address and resolve all student Appeals and Grievances fairly and promptly. 
 
II. Stakeholders Affected by this Policy
This Policy applies to all students currently enrolled in a BCM school or degree-granting program, as well as to current faculty and staff. This policy does not apply to postdoctoral and pre-doctoral trainees, because the Office of Student Services does not monitor their learning experience. However, postdoctoral and pre-doctoral trainees are encouraged to resolve their Grievances informally when possible. They may file a Formal Grievance through the Integrity Hotline as an alternative. 
 
III. Definitions
(a)   An Appeal is a student’s request for a formal review of an official decision made by a BCM school, program, or administrative office that affects the student’s ability to achieve or maintain Good Academic Standing.
(b)   BCM means Baylor College of Medicine.
(c)   Good Academic Standing is a status assigned to a student by their School Dean or program-promotions committee.  
(d)   A Grievance is a complaint arising out of a situation that adversely affects the status, rights, experience, services, or privileges of a member of the student body.
(e)   A Formal Grievance is a complaint that has not been resolved by the informal procedures described in Section IV.A (below), and that has been documented in writing by the student, or a faculty or staff member on a student’s behalf. The writing can take the form of a letter, memo, email, or other online communication, or communicated orally to the Integrity Hotline. The College requires each BCM School Dean or Designee to track the resolution of Formal Grievances.
(f)    An Informal Grievance is a complaint that is reported as described in Section IV.B.1 (below) and that may be resolved internally through the Office of the School Dean or Designee, such as the Dean of Student Affairs or Program Director, or the Office of the Ombudsman. Designation as an Informal Grievance is unrelated to whether the communication is oral, written, or electronic. There is no expectation that the School Dean or Designee or the Ombudsman will create or preserve documentation of reports of Informal Grievances or steps taken to try to resolve them, although other BCM policies may require faculty and staff to report certain Informal Grievances to BCM administrators, who will create and maintain documentation of the resolution steps (e.g., 02.2.26).
(g)   The Integrity Hotline, operated through a neutral third-party vendor, is BCM’s reporting portal that allows students to pursue Appeals as well as anonymous and named Grievances.
(h)   Mistreatment is defined by the Learner Mistreatment Policy (23.2.02).
(i)    The Student Appeals & Grievances Committee is an Institutional Committee composed of BCM faculty members from all four schools (for more information, see “member qualifications” in the Committee Charge). This Committee may be convened during the Appeal or Grievance process to serve in an advisory capacity to the Provost.
(j)    A Support Person is a salaried BCM faculty member who is familiar with the Appeal and Grievance procedures and the structure of the academic program in which the student is currently enrolled. If a student requests to utilize a Support Person, an appropriate person will be identified and selected as provided in the Student Appeals & Grievances Committee Charter. The Charter also describes requirements that students and Support Persons must comply with during Grievance and Appeal resolution.  
 
IV. Policy
1.     Grievances. A Grievance is the appropriate method for an enrolled student to express unease or dissent about a personal experience, circumstance, campus event, or decision of BCM or its agents, including faculty or staff administrators. A situation precipitating a Grievance may affect the student’s academic status or social or professional experiences within BCM. BCM is responsible for forwarding the Grievance to the appropriate office for review:  
a.     The Grievance process cannot be used if the student is seeking to reverse or change an academic decision (see Section IV.A.2, below).     
b.     Administrative review of Grievances arising out of a personal experience, incident, or other circumstance on campus may lead to a formal investigation of the subject matter. The investigation could result in corrective or disciplinary action against BCM students, faculty, staff, or contractors alleged to have violated BCM policies or BCM academic standards enforced by a school or program. The investigation could also lead to other appropriate actions by BCM, based on all the circumstances.
c.     Review of Grievances arising out of off-campus incidents with non-BCM community members, such as students who are not currently enrolled or guests or past trustees, employees, or contractors no longer affiliated with BCM, is limited to consideration of the impact on the BCM student. This review is processed through the office of the appropriate School Dean or Designee, such as a Program Director. However, if the Grievance relates to an incident with a non-BCM community member on campus, the administrative review will be conducted by the Security Office or Designee, and, consistent with other applicable BCM policies, may prohibit this individual from accessing the BCM campus or result in other appropriate action.
d.     The School Dean or Designee has discretion to activate the Wellness Intervention Team or other designated administrators in the Office of Student Services, such as the Director of Title IX & Disability Services (or designee), to facilitate access to campus resources.
2.     Appeals. An Appeal is the appropriate method for an enrolled student to contest a final grade; an adverse action, such as probation; other academic determination; or a finding of academic misconduct. 
a.     An Appeal may lead to reconsideration of the official decision and could result in a different outcome, i.e., reverse, modify, or affirm the original decision. Depending on the outcome, the reviewer may modify or eliminate sanctions or other administrative actions based on new information; revise the procedures found to have led to a violation of due process, or perform them anew; or provide additional education and training to employees tasked with implementing Appeal procedures, to prevent further violations or errors in processing.
3.     Additional Considerations for Grievances & Appeals.
a.     BCM Policy May Require a Specific Reporting Mechanism. Although the standards described above are designed to help students determine the appropriate mechanism to report a complaint and give BCM notice, many BCM policies explicitly state which reporting mechanism is appropriate. This indicates the proper scope of review. If a BCM policy declares the reporting mechanism that an affected individual may use to seek review of a finding that the individual has violated that policy or has been sanctioned for the violation, then no other reporting mechanism may be used. Any report that fails to use the appropriate mechanism is invalid and will be rejected. Students who use the wrong mechanism will be notified and encouraged to use the proper reporting mechanism.
1)    For example, the Office of Information Technology determines that a student has repeatedly violated BCM’s Acceptable Use Policy (12.2.01) and temporarily suspends the student’s access to BCM network resources and recommends disciplinary action to the School Dean. In accordance with that Policy’s requirements, students must use a Grievance to report their dissent or to request a review of the decision. If students erroneously file an Appeal through the Integrity Hotline, then a representative from the Office of Student Services would notify them that they must file a Grievance to resolve the matter.
2)    For another example, if a student disagrees with BCM’s established procedures for investigating alleged violations of the Sexual Misconduct and Other Prohibited Conduct Policy (02.2.26), and reports a Grievance related to those procedures, the student is using the wrong reporting mechanism. That policy does not provide for Grievances and explicitly states that affected parties may only Appeal adjudications issued by the Director of Title IX & Disability Services or Designee. The student’s Grievance would be rejected and would not move forward.     
b.     BCM Policy May Be Silent on Reporting Mechanism. If a BCM policy is silent on the proper reporting mechanism, then there is no right to Appeal a potential violation of that policy, although the student may choose to report a Grievance. If no existing BCM policy covers the particular matter giving rise to the student dissent or concern, a Grievance is the default reporting method.
c.     Leave of Absence (LOA). Consistent with the Student Leave of Absence Policy (23.1.12), students on approved LOA are not officially or currently enrolled in their school and program of study for the duration of the LOA, whether the LOA is voluntary or involuntary. A student on LOA cannot pursue Appeals or Grievances for the duration of the LOA. Grievances or Appeals reported by the student during the LOA period will be marked accordingly and require no further action by BCM or responsible offices. BCM is not obligated to follow the procedures for resolution described in this policy. However, the student may report a Grievance upon readmission to the school or program.
 
B.    Grievance Reporting Mechanisms. All Grievances will be reviewed and processed according to the requirements stated in this and other related policies (see Section IX, below), and in accordance with appropriate procedures (see Section VI, below).
1.     Informal Grievances. This reporting option allows students to seek expedited resolution of simple issues pertaining either to the student’s own experiences (including rights or services) or to resolution of non-academic matters related to BCM operations that may affect other members of the BCM community equally. This is particularly useful if additional information-sharing or communication between the affected student and others is likely to achieve consensus or a satisfactory plan for prompt resolution.  Students seeking informal resolution of Grievances may report the issue orally as provided in Section VI.A.1 (below).
2.     Formal Grievances. If a Grievance cannot be resolved informally, the student must contact the Integrity Hotline to file a Formal Grievance in writing, as provided in Section VI.B (below). 
a.     Formal Grievances must include all of the following components at the time of submission to the Integrity Hotline:
1)    a description of the action that precipitated the Grievance in as much detail as possible, including the date, location, people involved, witnesses, summary of the incident, efforts to settle the matter informally, and the remedy sought;
2)    any relevant supporting documentation; and
3)    A statement indicating whether the student requests a Support Person during the Grievance. 
b.     A Grievance cannot advance on its merits unless the student includes proof to support all assertions, so it is imperative that the student describe the matter in detail and include supporting documentation at the time the report is made. Supporting documentation submitted after the Grievance is originally filed, or submitted through a medium other than the Integrity Hotline (e.g., email), is considered untimely and not part of the Grievance record. Failure to submit any required components of Formal Grievance as provided above (see Section IV.B.2.a) may result in administrative delay (e.g., support person unavailability) and/or an unsubstantiated Grievance.    
c.     If the student chooses to report the Formal Grievance anonymously, the confidentiality protection is established by applicable law and program accreditation requirements.
d.     If a student submits a Formal Grievance through any another medium, such as email or other online communication, the faculty or staff recipient must recommend that the student file a written complaint on the Integrity Hotline but is not generally required to escalate the complaint on the student’s behalf. Regardless of the student’s decision, the faculty or staff member may use discretion, given the nature or severity of the complaint, to report the allegation to the Integrity Hotline or to a designated administrator, such as the Director of Title IX & Disability Services or Dean, if appropriate or if required by another BCM policy (see 02.2.20; 02.2.26, Section IV.E.2; see also 31.2.03, Section IV.b).
 
C.    Scope of Student Participation in Grievance Resolution.
1.     Regardless of the chosen mechanism of reporting or type of Grievance, the burden of proof rests with the student.
2.     After reporting a Grievance, students have discretion to participate further in BCM’s resolution of the Grievance. This may include answering following-up questions needed for the investigation or adjudication, or participating in proceedings against other Community Members arising out of the Grievance resolution. These are voluntary steps. Students may indicate orally or in writing that they no longer wish to participate in resolving the reported Grievance at any time during the process.
 
D.    Appeals.  Every Appeal and all supporting documentation filed under this policy must be submitted in writing through the Integrity Hotline website.
a.     An Appeal must be based either on new information that was not available or considered in the original decision, or on an assertion that a violation of due process occurred in reaching that decision. Mere disagreement with the resolution is not a sufficient ground for an Appeal;
b.     any relevant information and supporting documentation that may prove the assertion; and
c.     A statement indicating whether the student requests a Support Person during the Appeal.
2.     The burden of proof rests with the student. An Appeal cannot advance on its merits unless the student includes proof to support all assertions. The proof may include relevant new information or a demonstration that due process was violated. Proof (e.g., supporting documentation) submitted after the Appeal is originally filed, or submitted through a medium other than the Integrity Hotline (e.g., email), is considered untimely and not part of the Appeal record.
3.     Any Appeal that fails to meet these standards is considered invalid, without merit, and will not result in reconsideration of the contested official decision or an alternative outcome. The student will be informed that the Appeal is without merit.
a.     Adverse Actions and Other Academic Issues. These matters may be appealed as described above (Section IV.D.1-2), and students may have to meet additional conditions described in school handbooks or school policies even if the Appeal is decided in their favor (see Section IX, 28.1.05).
b.     Grades. Students are limited to one grade Appeal per course, which should describe all relevant grounds and circumstances. Consistent with relevant provisions of school handbooks, students may pursue grade Appeals under only the following circumstances:
1)    Mistreatment. To prevail on this basis, the grade Appeal must allege, and investigatory findings must demonstrate, that the grade was awarded based on factors other than academic or clinical performance, as outlined in the syllabus, or based on Mistreatment, such as discrimination.
2)    Deviation from Established Criteria or Guidelines. To prevail on this basis, the grade Appeal must allege, and investigatory findings must demonstrate, that the grade awarded was not calculated according to prior established guidelines set forth by the faculty and distributed to students.
3)    Calculation Error. To prevail on this basis, the grade Appeal must allege, and investigatory findings must demonstrate, that the grade awarded was calculated using false or erroneous information.
4.     Exclusions.
a.     Adverse actions arising out of violations of the Sexual Misconduct and Other Prohibited Conduct Policy (02.2.26) or Title IX Misconduct and Grievance Policy (02.2.20) must be resolved as described in the applicable policy. Appeal of all other adverse actions, including those arising out of misconduct for failing to meet BCM policy standards (for example, Policy Regarding Harassment, Discrimination, and Retaliation (02.2.25); Acceptable Use Policy (12.2.02); Use of Copyrighted Materials (20.8.03)), must follow the relevant procedure described below.
b.     Grievances regarding reasonable accommodations for qualified students with a disability that are approved by the Director of Title IX & Disability Services or Designee pursuant to Accommodations for Learners and Program Applicants with Disabilities (23.1.07) must be resolved as described in Section VI.F.1.a (below).
 
E.    Grievances About Students. Faculty, staff, and students may use the Integrity Hotline to report Grievances related to a student’s alleged misconduct or lapses in professionalism. Grievances about a student will be triaged by the Office of Compliance and forwarded to the Associate Provost for Student Services or designee, who will notify the student’s School Dean or Designee to review the Grievance and resolve the issue. This may result in an adverse action against the student for academic or professionalism violations. In the event of an adverse or other negative academic action, the student may seek redress through Appeal.
 
V. Responsibilities
Responsibilities for implementing and supervising individual compliance with this Policy are a collective effort. These responsibilities are shared by every BCM academic program, and its administrators and leadership. The ultimate responsibilities for supervising the compliance of academic programs and departments are with the Office of the Provost. The Office of the Provost will work with other relevant BCM offices, including the offices of the General Counsel and Student Services, to train faculty and staff on the scope of their individual responsibilities and any mandatory activities required to implement this and other BCM policies designed to safeguard the integrity of the learning environment. Faculty serving on the Student Appeals & Grievances Committee will adhere to standards and conventions established in the Student Appeals & Grievances Committee Charter. Students are responsible for reporting Grievances or filing Appeals to act on the student’s own behalf.
 
A.    Informal Grievances.
1.     Discussion with the Office of the Ombudsman. Students may contact the Office of the Ombudsman for assistance. Use of Ombuds services is voluntary. No one can be required to use the Office of the Ombudsman or be required to reveal whether the Office of the Ombudsman was consulted. The Office of the Ombudsman is not part of BCM’s informal or formal Grievance procedures and does not receive or process Grievances for BCM. For example, a student’s discussion of a verbal or written Grievance with the Ombudsman does not constitute notice to the College. However, the Office of the Ombudsman is a confidential, neutral, independent, and informal resource available to all members of the BCM community. The BCM Ombudsman is available to provide confidential discussion of any BCM-related concerns, including interpersonal conflict or misunderstandings and academic or administrative concerns. For more information, please consult the Office of the Ombudsman: Structure, Function, and Resources Policy (32.1.01).
2.     Informal Grievance Resolution Options.
a.     Any School Official. Students have the discretion to contact a school or program mentor, trusted faculty member, course director, or dean of their choice, such as the dean of student affairs or the School Dean, to initiate discussion of an Informal Grievance. The chosen individual will provide consultation regarding available school or program-based methods to resolve the issue underlying the complaint, and may recommend escalating the matter through formal reporting mechanisms, such as in Section VI.B. Formal reporting may be required by another BCM policy (see Section VI.B.2, below). Before ending the consultation, the chosen school official must provide a description of the contemplated next steps. No further action is required by the school official unless that official is the student’s Supervisor, Program Director, or Dean. For the purposes of this policy, an Informal Grievance reported to a student’s Supervisor, Program Director, or Dean is considered notice to BCM that a reasonable, informal response to the student’s Informal Grievance is required, and the recipient of the Informal Grievance is responsible for initiating the internal resolution process by the school or program. 
b.     Discussion among Affected Parties. When possible, students are encouraged to seek resolution of Informal Grievances through direct communication with the individual involved. This may be facilitated by the BCM Ombudsman. For the purposes of this policy, reporting Informal Grievances to an individual involved in the matter does not constitute notice to BCM unless the individual is also the student’s Supervisor, Program Director, or Dean.
c.     Documentation. Because BCM affords students discretion to choose how to report a Grievance, and Informal Grievance reporting mechanisms and resolution procedures are informal by nature, there is no expectation that the School Dean or Designee, or the Ombudsman, will create, preserve, or share documentation of specific Informal Grievance reports or steps taken toward resolution. However, each School Dean or Designee must be vigilant for, and identify, any reporting trends that indicate challenges to maintaining a professional, respectful, or safe learning environment.
 
1.     Formal Grievances are reported through the Integrity Hotline
2.     Consistent with the College’s Code of Conduct, Formal Grievances reported through the Integrity Hotline will be processed by the Office of Compliance, as described in the Integrity Hotline Policy: Reporting Improper Activity and Wrongdoing (31.2.02). To promote timely resolution, the Chief Compliance Officer (CCO) or designee categorizes Formal Grievances, and then forwards to the appropriate entity for triage and resolution, as described in Table 1 (below). The assigned entity is responsible for administering the appropriate procedure based on the type of Formal Grievance. 
a.     Formal Grievances that allege a violation of a legal requirement applicable to BCM (e.g., Americans with Disabilities Act), a violation of a specific BCM policy (e.g., 02.2.26), or a violation relating to BCM’s facilities are triaged by the Office of Compliance as provided in Table 1, and follow separate resolution pathways (see Section VI.C.3, below).
b.     Formal Grievances concerning other academic issues, student misconduct, professionalism, or Mistreatment will be triaged to the Associate Provost for Diversity, Inclusion, Equity & Student and Trainee Services or Designee, who will pursue procedural compliance by assigning the appropriate party to administer the review, as described in Table 1
3.     The Office of the Provost will monitor and analyze Grievance and Appeal trends for faculty, trainees, and students based on data provided by the Office of Compliance and Audit Services on Integrity Hotline usage. The Office of Compliance will provide institutional oversight for Grievances of all types across BCM’s categories, positions, and affiliates. Annual reports will be disseminated to leadership and to the institution at large.
4.     The individuals designated to resolve various types of Formal Grievances—executive leadership and senior administrators—have actual or inherent operational authority to resolve the Grievance in the best interests of the student and BCM. There is no pathway to petition for a reconsideration of Formal Grievance resolution, regardless of the type of Grievance (see Section VI.F-G, below).
a.     Formal Grievances often describe situations provoking safety concerns or legally mandated responses by BCM that could be unduly burdened by lapse of time. BCM has a legitimate interest in assuring both transparent and quick resolution of Formal Grievances, and reasonably relies upon designated individuals to implement action of the appropriate procedures for resolution, (see Table 1, below).  
b.     For Formal Grievances concerning nonacademic student misconduct, lapses in professionalism, or Mistreatment, secondary review of a Dean or Designee’s determination is limited to examination of the investigatory procedures undertaken and whether the determination is justifiable. “Justifiable” means rationally and reasonably based on the relevant and available information. There is no right to, or opportunity for, escalation of Formal Grievances to a party with greater or broader authority.
5.     Resolution of Formal Grievances filed through the Integrity Hotline must be documented by the Associate Provost for Diversity, Inclusion, Equity & Student and Trainee Services or Designee.
 
C.    Resolution of Appeals.
1.     Categorization. Appeals will be categorized as an Adverse Action Appeal, Appeal of Other Academic Issues, or as a Grade Appeal. The Office of Compliance will forward these Appeals to the Associate Provost for Diversity, Inclusion, Equity & Student and Trainee Services or Designee, who will assign the appropriate school dean or designee to work toward resolution. Table 2 (below) identifies the designated individual in each unit who monitors and responds to Appeals.
2.     Escalation. If dissatisfied with the initial determination, students may escalate the matter to receive a final determination. Appeal procedures are designed to permit review and resolution of a matter by different parties with increasing levels of academic authority because Appeals pertain to matters that affect academic standing and may impact the student’s ability to continue in the chosen program. The escalation of Appeal provides another layer of due process protection for issues related to academic integrity and achievement. Once a final determination has been issued by the Provost, there is no mechanism to petition for reconsideration, and there is no escalation of the final determination to a party with greater or broader authority, regardless of the type of Appeal (see Section VI.D-F, below).
3.     Resolution Pathways. The Student Appeals & Grievances Process Diagram (see Section VIII, below) illustrates the resolution process for Appeals and Formal Grievances related to student misconduct or professionalism issues.
 
1.     Students must file an Appeal through the Integrity Hotline within 10 calendar days of the grade’s posting in the student portal. All students receive grade notification electronically.
2.     The Associate Dean/Program Director or Designee consults the Course or Clerkship Director concerning the contested grade within 15 calendar days after the appeal is filed and communicates the findings to the student in writing. Exceptions to this time frame may be authorized by the Provost or Designee.
3.     If dissatisfied with the initial determination, the student must request escalation of the Appeal in writing within 7 calendar days to the Dean of School or Designee. The Dean of School or Designee reviews the determination and makes the decision within 15 calendar days.
4.     If a student elects to Appeal the decision of the Dean or Designee, the student must file contest in writing within 7 calendar days to the Office of the Provost. The Associate Provost for Diversity, Inclusion, Equity & Student and Trainee Services or Designee will convene a 7-member ad hoc Subcommittee of the Student Appeals & Grievances Committee to review the final Appeal, within 15 calendar days. The ad hoc Appeal Subcommittee will review the Appeal, conduct an independent review, and provide a recommendation to the Provost or Designee within 20 calendar days. Exceptions to this time frame may be authorized by the Provost or Designee.
5.     The Provost or Designee determines and distributes the final Appeal decision in writing to the student and the Dean of School or Designee within 10 calendar days.
 
E.    Adverse Academic Action Appeal Procedure.
1.     A student must Appeal an adverse academic action in writing through the Integrity Hotline within 10 calendar days of the issuance of the notice of action by the Student Promotions Committee or Program Director. 
2.     The Dean of School or Designee reviews the initial Appeal and issues the decision in writing to the student within 20 calendar days. Exceptions to this time frame may be authorized by the Provost or Designee.
3.     If a student elects to Appeal the decision of the Dean of School or Designee, the student must contest the decision in writing within 7 calendar days to the Office of the Provost. The Associate Provost for Diversity, Inclusion, Equity & Student and Trainee Services or Designee will convene a 7-member ad hoc Subcommittee of the Student Appeals & Grievances Committee to review the final Appeal within 15 calendar days. The ad hoc Appeal Subcommittee will review the Appeal, conduct an independent review, and provide a recommendation to the Provost or Designee within 20 calendar days. Exceptions to this time frame may be authorized by the Provost or Designee.
4.     The Provost or Designee determines and distributes the final Appeal decision in writing to the student and the Dean of School or Designee within 10 calendar days.
 
F.    Other Academic Issues: Appeal and Grievance Procedure (e.g., admin issues, academic misconduct).
1.     A student initiates a Formal Grievance or Appeal through the Integrity Hotline.
a.     Administrative Process Grievances: Disability Accommodations– The Director of Title IX & Disability Services (or Designee) is the institutional official with specialized training and expertise who serves as the Designee for all BCM School Deans and oversees resolution of both learner Grievances and employee concerns pertaining to approved disability accommodations (e.g., fundamental alternation, undue hardship) and implementation challenges. Disputes regarding what constitutes a reasonable accommodation and other concerns about BCM’s administrative procedure for determining disability accommodations will be referred to the Director of Title IX & Disability Services (or Designee) for resolution, as provided in Accommodation Procedures for Learners and Program Applicants with Disabilities (see 23.3.10, Section VI.E). Learner disability-based administrative process Grievances (see Student Appeals & Grievances Process Map, Lane 3) cannot be escalated to the Student Appeals & Grievances Committee.   
b.     Alleged Failure to Implement Approved Disability Accommodations – Grievances regarding a faculty or staff member’s responsibility to implement approved disability accommodations will be referred to the School Dean or Designee for resolution (as provided in Table 1, below), which may result in disciplinary action against the faculty or staff member pursuant to other BCM policies.
2.     The Dean of School or Designee meets with the student to discuss the Grievance or Appeal and initiates resolution within 15 calendar days. Exceptions to this time frame may be authorized by the Provost or Designee. If dissatisfied with the Grievance outcome, there is no right to Appeal or further escalation of the Grievance (see Section VI.B.4, above).
3.     If dissatisfied with the Appeal determination by the School Dean or Designee, the student must request escalation of the Appeal to the Office of the Provost in writing within 7 calendar days of the Dean or Designee’s determination. The Associate Provost for Diversity, Inclusion, Equity & Student and Trainee Services or Designee will convene a 7-member ad hoc Subcommittee of the Student Appeals & Grievances Committee to review the final Appeal within 15 calendar days of the student request. The ad hoc Appeal Subcommittee will review the Appeal, conduct an independent review, and provide a recommendation to the Provost or Designee within 30 calendar days. Exceptions to this time frame may be authorized by the Provost or Designee.
4.     Provost or Designee determines and distributes the final decision in writing to the student and the Dean of School/Designee within 10 calendar days.
 
G.    Non-Academic Student Misconduct, Lapse in Professionalism, and Mistreatment Procedure.
1.     A student initiates Formal Grievance related to a non-academic misconduct, professionalism, or Mistreatment issue.
2.     The Dean of School or Designee meets with the student and the individual (student, faculty, or staff) most closely related to the Grievance to discuss the case and initiate resolution within 30 calendar days. Exceptions to this time frame may be authorized by the Provost or Designee.
3.     If the student desires a review of the Dean or Designee’s determination, the student must submit a request for final review in writing within 7 calendar days to the Office of the Provost.  If the matter is unresolved (e.g., no determination made), the Dean or Designee will refer the matter to the Office of the Provost. The Associate Provost for Diversity, Inclusion, Equity & Student and Trainee Services or Designee will convene a 7-member ad hoc Subcommittee of the Student Appeals & Grievances Committee to review the matter or the initial determination within 15 calendar days. The ad hoc Grievance Subcommittee will conduct an independent review and provide a recommendation for final disposition to the Provost or Designee within 20 calendar days. Exceptions to this time frame may be authorized by the Provost or Designee.
4.     The Provost or Designee determines and distributes the final decision in writing to the student and the Dean of School or Designee within 10 calendar days.
 
 

 

Table 1. Triage & Assignment of Formal Grievances

Type of Grievance (by subject)

Related College Policy

Designated Reviewer(s)

Non-Academic Student Misconduct

see SOM, GSBS, SHP, and NSTM handbooks & school policies

Dean of School or Designee

Lapses in Professionalism

23.2.01 – Respectful and Professional Learning Environment Policy

Dean of School or Designee

Mistreatment of Students

23.2.02 – Learner Mistreatment Policy

Dean of School or Designee

Other Academic Issues

administrative processes (e.g., implementation of disability accommodations, accounts billing, leave of absence, financial aid)

various

Dean of School or Designee

Discrimination (e.g., race, religion, sex),

Harassment (e.g., sexual orientation), and

Retaliation

02.2.25 – Policy Regarding Harassment, Discrimination, and Retaliation

Employee Relations Division of Human Resources/ VP of Human Resources or Designee

Requests for Disability Accommodation (Approvals)

23.1.07 – Accommodations for Learners and Program Applicants with Disabilities;

23.3.10 – Accommodation Procedures

Director of Title IX & Disability Services or Designee (e.g., Deputy Disability Coordinator)

Title IX Misconduct (e.g., harassment, stalking)

02.2.20 – Title IX Misconduct and Grievance Policy; 02.2.22 – Title IX Misconduct and Grievance Procedures

Director of Title IX & Disability Services’ Designee (e.g., Title IX Decision-Maker, Appeal Officer)

Compliance

(e.g., HIPAA Privacy)

various

Chief Compliance Officer or Designee

Legal

various

Senior Vice-President and General Counsel or Designee

Facilities Management

(e.g., housekeeping, lights)

*For supply issues (e.g., need toilet paper) or access problems (e.g., need room unlocked), contact Facilities directly via email or phone instead of filing a Grievance.

Director of Facilities or Designee (see here for contact list)

Authorship

02.9.40 – Policy on Authorship

Provost

Use of BCM Network Resources

Office of Information Technology Policies (various)

Director of Compliance and Audit Services or Designee

Development or Use of Intellectual Property (BCM & Third-Parties)

20.8.01 - Policy on Patents and Other Intellectual Property; 20.8.03 – Use of Copyrighted Materials;

Senior Vice-President and General Counsel or Designee (Associate General Counsel)

 

 

Table 2. Triage & Assignment of Appeals

Type of Appeal

Related Academic Policies

Initial Appeal

Final Appeal

Grade(s)

see SOM, GSBS, SHP and NSTM handbooks

Dean of School or Designee

Provost

Adverse Action(s)

School handbooks & policies (e.g., SOM: Student Progression and Adverse Action Policy (28.1.05))

Dean of School or Designee

Provost

Other Academic Issues (e.g., academic misconduct)

various

Dean of School or Designee

Provost

Sexual Misconduct & Other Prohibited Conduct (e.g., harassment, stalking)

02.2.26 – Sexual Misconduct and Other Prohibited Conduct Policy;

Director of Title IX & Disability Services or Designee (e.g., Deputy Title IX Coordinator)

Title IX Appeal Panel

 

 
 
 
VII. Stakeholder Compliance
Consistent with other BCM policies, personnel in the Office of Compliance and Audit Services, Office of the Provost, and Offices of all School Deans or Designees may be subject to corrective or disciplinary action for failure to document, implement, or provide appropriate oversight of procedures for resolution of Grievances and Appeals established by this policy.
 
VIII. Tools
 
·         31.1.01 - Code of Conduct;
 
X. Applicable Laws, Regulations & Standards
·         Southern Association of Colleges and Schools Commission on Colleges (SACSCOC):
o    Principles of Accreditation (2018); See Section 12 (Academic and Student Support Services);
o    Resource Manual for the Principles of Accreditation (2018); See Standard 12.4 (Student Complaints)