Appendix II

The Student Grievance and Academic Appeals
for Midlands Technical College

It is the policy of Midlands Technical College that all students shall be afforded the opportunity to present complaints/grievances and seek answers without fear of restraint, interference, coercion, discrimination or reprisal.  The College has adapted the guidelines of the Student Grievance Procedure for South Carolina Technical Colleges.  The titles for institutional groups and officials have been modified to reflect the titles used at Midlands Technical College, and operating guidelines have been modified to reflect Midlands Technical College standards of practice.

  1. PURPOSE

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

    1. Alleged discrimination on the basis of age, gender, race, disability or other conditions, or veteran status, excluding sexual harassment complaints.

    2. Alleged sexual harassment complaints.  These complaints should be directed to the Vice President for Student Development Services (VPSDS) or the VPSDS’s designee.  Because of the sensitive nature of this kind of complaint, a conference with the VPSDS or designee will replace the first step of the grievance procedure.  The VPSDS  or designee 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.

    3. Non-academic matters regarding the conduct or behavior of faculty or staff.

    4. Academic matters, excluding individual grades.  Grades are not grievable except where the conditions in items A or B above apply.  Examples of academic matters which may be considered under the Student Grievance Procedure include:

      1. Unfair, inequitable treatment of students

      2. Unfair grading procedures and computation of grades

      3. Improper disclosure of grades

      4. Improper applications or interpretations of academic rules and standards

      5. Improper/unfair testing procedures

      6. Misadvisement

  2. PROCEDURES

    1. The VPSDS is responsible for the student grievance process.  The VPSDS shall publish required implementing processes.

    2. First Step

      The student should go to the faculty 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 (10) instructional weekdays of the incident that generated the complaint.

    3. Second Step

      1. If the student is not satisfied with the outcome of at the informal conference, the student may file a written grievance.   A grievance form shall be made available to the student from the Assistant VP for Student Development Services (SDS).  The Assistant VP for SDS will explain the grievance process to the student.

      2. The completed grievance form must be presented to the Assistant VP for SDS within ten (10) instructional weekdays after satisfying the first step in the grievance process.  The Assistant VP for SDS shall give written acknowledgement of receipt of the grievance form not later than two (2) instructional weekdays after receipt of the grievance form from the student.  If the grievance is determined to be non-grievable based on grades, the Assistant VP for SDS will notify the student within two (2) instructional weekdays.  The Assistant VP for SDS may request additional information to make this determination, where grade-related issues are involved. The student must provide the requested information to the Assistant VP for SDS within five (5) instructional weekdays of the request. If the requested information is not provided, then the process will cease, and the grievance will be considered non-grievable. Otherwise, the grievance will be referred to the immediate supervisor involved.  The supervisor shall respond in writing to the student within ten (10) instructional week days of receipt of the grievance, with copies to the VPSDS and Assistant VP for SDS.  As a part of the effort to resolve the issue, the supervisor will consult with the Executive Council member over the unit of the college concerned.

    4. Third Step

      1. If the supervisor’s written response does not resolve the grievance, the student may request to appear before the Student Grievance Committee.  The student must submit the request to the Assistant VP for SDS within five (5) instructional weekdays after receiving the written response of the supervisor.  The request shall state the nature of the grievance and the reason why the supervisor’s response is unsatisfactory.  A copy of the supervisor’s response must be attached to the request by the student.

      2. A Student Grievance Committee will be organized in a manner consistent with Section III of this procedure. The employee against whom the grievance was filed shall be given an opportunity to respond in writing to the chairperson of the committee. 

      3. The Student Grievance Committee’s meeting shall be conducted between five (5) and fifteen (15) instructional weekdays following the date the request for a hearing is received.  A postponement may be granted by the chairperson upon written request of either party if requested no later than five (5) instructional weekdays prior to the scheduled meeting.

      4. The committee shall hold interviews with the grievant, the employee and the supervisor, singularly, and in the absence of other witnesses.  The committee may interview any additional witnesses that it considers necessary to render a fair decision.  The committee shall decide by a majority vote the solution of the grievance.  In case of a tie, the chairperson shall vote and thus break the tie.  The chairperson shall forward a copy of the committee’s decisions to all parties involved and to the office of the President within two (2) instructional week days of committee’s decision, with information copies to the supervisor, the Assistant VP for SDS and the Vice President for Student Development Services.

    5. Fourth Step

      1. If either party involved is not satisfied with the Committee’s decision, that person may submit an appeal to the President within ten (10) instructional weekdays of the committee’s decision.

      2. The President shall review the committee’s findings, conduct additional inquires deemed necessary, and render a decision within ten (10) instructional weekdays of receipt of the appeal, with information copies to the supervisor, the Assistant VP for SDS and the Vice President for Student Development Services.  The decision of the President is final.

      3. A flow chart of the four steps listed above entitled “Steps for Grievance Procedure” is outlined in the student handbook.

  3. THE STUDENT GRIEVANCE COMMITTEE

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

      1. Three students recommended by the governing body of the Student Advisory Board.

      2. Two faculty members recommended by the Vice President for Academic Affairs.

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

      4. One administrator, appointed by the President, who shall serve as chairperson of the committee.

      5. All recommended members will be approved by the President.

    2. 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.

    3. 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 (5) days prior to the meeting unless the principal parties waive this requirement.  The notice shall include:

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

        2. the time, date and place location of the meeting;

        3. and the names of witnesses who may testify. 

      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 Development Services/designee.

      3. Appear in person and present information on his or her behalf.

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

      5. An advisor.  The role of the person acting as advisor is solely to advise. The advisor shall not address the Committee, question witnesses or participate in the committee’s proceedings.  Payment of any fees to an advisor is solely the responsibility of the party requesting the advisor’s presence.

    4. Hearing Procedures

      1. Hearings are closed to the public.

      2. A detailed copy of hearing protocol is available from the VPSDS Office and is distributed to the principal parties and committee members prior to the hearing.