UC Santa Barbara Policy 4105
Policies
Issuing Unit: Student Affairs Date:
University of California
STUDENT GRIEVANCE PROCEDURE
for Alleged Discrimination
Based on Race, Color, Religion, National Origin, Sex,*
Handicap, Sexual Orientation, Age and Alleged Violations
of University Policies Regarding Student Privacy Rights
I. POLICY:
Each Chancellor shall implement and publicize a grievance procedure
by which student complaints of alleged discrimination can be
investigated, heard and resolved. Such alleged discrimination must
be based on race, color, religion, national origin, sex, handicap,
sexual orientation or age.
The University is committed to a policy against discriminatory
practices based upon race, color, religion, national origin, sex,
handicap, sexual orientation or age. All groups operating under The
Regents, including administration, faculty, student governments,
University-owned residence halls, and programs sponsored by the
University, are governed by this policy of nondiscrimination.
The student grievance procedure must include, at a minimum, the
following elements:
(a) investigation of the complaint by a designated entity;
(b) review by an impartial hearing entity;
(c) an opportunity to present evidence both documentary and
testimonial and to confront evidence presented to the contrary;
(d) the right of the student to be represented at the student's own
expense;
(e) a summary record of the hearing, to be kept by the campus for a
period of three years subject to provision of existing privacy
and disclosure laws;
(f) a written recommendation by the hearing entity upon conclusion
of the hearing:
(g) right of appeal to the Chancellor.
II. Procedure for Student
UCSB Student Grievance Procedures for Alleged Discrimination Based on
Race, Color, Religion, National Origin, Sex, Handicap, Sexual
Orientation, or Age
1.0 Purpose
The purpose of this procedure is to allow for the resolution of
student grievances alleging violation of University policy
against discrimination based on race, color, religion, national
origin, sex, handicap, sexual orientation, or age, which
results in injury to the student.
This procedure is to allow for the resolution of student
grievances alleging violation of University policies found in
Sections 91.00 through 92.00 of the University's Policies
Applying to Campus Activities, Organizations and Students (Part
A) and UCSB Campus Policies, including:
(1) Discriminatory practices based upon sex, as mandated by
and in compliance with Title IX of the Education
Amendments of 1972 (45 CFR Part 86) and the University's
"Policies Applying to the Student-Related Sections of
Title IX of the Education Amendments of 1972";
(2) Discriminatory practices based upon race, color, or
national origin, under Title VI of the Civil Rights Act of
1964 (45 CFR Part 80); and
(3) Discriminatory practices based upon handicap, as mandated
by and in compliance with Section 504 of the
Rehabilitation Act of 1973 (34 CFR Part 104) and the
University's "Guidelines Applying to Nondiscrimination on
the Basis of Handicap";
(4) Violation of the privacy rights accorded students by the
Federal Family Education Rights and Privacy Act of 1974
(45 CFR Part 99), the State of California Education Code,
and the University's "Policies Applying to the Disclosure
of Information from Student Records" (Part B);
(5) Other types of grievances specified in campus regulations.
Grades
The following procedure does not apply to grievances related to
grades. Such grievances are subject to procedures established by
the Academic Senate; please consult with the office of the Academic
Senate or see "Contested Grades" section of the Appendix of U.C.S.B.
General Catalog.
*Sexual Harassment
One particular form of sex discrimination is sexual harassment.
Students who wish to file a complaint of sexual harassment can
consult the University Grievance Officer for Sexual Harassment and,
following such consultation, may use either this grievance procedure
or the sexual harassment grievance procedures to pursue resolution
of their complaints.
Employment
For grievances arising out of employment, see: UCSB Policy 6196 and
Procedure 6197 for staff personnel; UCSB Policy 6527 and Procedure
6528 for non-Senate academic appointments; and Academic Senate By-
Law 112 for Senate academic appointments, including Librarians.
1.1 Definitions
1.10 Affirmative Action Coordinator--Person appointed by the
Chancellor to coordinate implementation of the campus
Affirmative Action Personnel Program.
1.11 Investigator(s)--Person(s) appointed by the Chancellor to
inquire into the circumstances of a grievance by a student
alleging discrimination based on race, color, religion,
national origin, sex, handicap, sexual orientation or age.
1.12 Office of Record--The Office of the Vice Chancellor-
Student Affairs shall serve as the Office of Record.
Student grievances alleging discrimination prohibited by
Section 1.0 shall be directed to that office.
1.13 Preponderance of Evidence--Such evidence as, when weighed
with that opposed to it, has more convincing force and the
greater possibility of truth.
1.14 Representation--Assistance to grievant in the formal
hearing process; may be one of two types:
A. Legal Counsel--includes attorneys and individuals
with legal training.
B. Non-legal representation--any person without legal
training.
1.15 Student--Must be either a currently enrolled or continuing
undergraduate or graduate student at the Santa Barbara
Campus at the time of the alleged violation.
1.16 Time for Informal Resolution and/or Filing of Grievance--
All time referred to in these procedures shall refer to
working days excepting quarter breaks.
1.17 Compliance Officers--Persons appointed by the Chancellor
to coordinate compliance with above non-discrimination
policies.
1.2 Procedures--Informal
1.20 Informal Resolution
Students who believe that the Santa Barbara campus (UCSB)
or any administrative subdivision or employee thereof has
acted in violation of the University policy against
discrimination based on race, color, religion, national
origin, sex, handicap, sexual orientation or age and that
such action has resulted in injury to the student are
encouraged to try resolving the matter informally with
either the party alleged to have committed the violation,
or with the head of the department or unit in which the
alleged violation occurred, or both. Any attempts to
resolve the alleged violation informally should occur
within the ninety (90) day period defined in Section 1.31
as the time limit for filing a formal complaint expires at
that point.
1.3 Procedures--Formal
1.30 Provision of Grievance Information
The Affirmative Action Coordinator and all campus
Compliance Officers shall provide upon request,
information to the student on the available grievance
mechanisms, and on pertinent legislation and the
University's efforts to comply with the legislation.
1.31 Filing a Complaint
If informal resolution is not attempted or is unsuccessful
within ninety (90) days of the alleged violation, the
student has an additional ninety (90) days within which to
file a formal written complaint with the Vice Chancellor
Student Affairs (Office of Records). Such complaint must
include a detailed explanation of how a specific policy or
regulation was allegedly violated and the remedy
requested. The remedy sought should be one that would
place the student in the position that he/she would have
been in, but for the alleged discrimination.
1.32 Investigation
Upon receipt of a formal complaint the Vice Chancellor-
Student Affairs shall furnish, within five (5) days, a
copy of the complaint to the :
(1) Investigator(s)
(2) head of the department or unit in which the alleged
violation occured,
(3) Affirmative Action Coordinator,
(4) Other campus Compliance Officers.
The head of the department or unit must file an answer to
the charges in writing with the designated investigator(s)
within ten (10) days after receipt of the complaint. A
copy of this answer shall be sent to the grievant.
During the ten (10) days following the department or unit-
head response or, in any case, no later than twenty (20)
days following the receipt of the original complaint by
the investigator(s), said investigator(s) shall examine
the circumstances of the alleged violation, attempt to
seek administrative resolutions, and shall make a report
to the Vice Chancellor-Student Affairs, to the student,
and the head of the department or unit in which the
alleged violation occurred. Copies shall be forwarded to
the Affirmative Action Coordinators and to the Campus
Compliance Officers.
1.33 Appeal to Hearing
Within ten (10) days of receipt of the report to the
student, he/she must notify the Vice Chancellor-Student
Affairs in writing if a hearing is desired. If the
student is to be assisted by a representative, the name of
the representative and a statement as to whether the
representative or the student has legal training must be
provided in writing to the Vice Chancellor-Student Affairs
at the time the formal complaint is filed. Students
assisted by a representative must sign a release at this
time authorizing the representative to receive copies of
relevant materials.
The Vice Chancellor-Student Affairs shall arrange for an
impartial hearing within thirty (30) days. At least
fifteen (15) days notice of the time and place of the
hearing shall be given to the head of the department or
unit where the alleged violation occurred and to the
grievant. Such notification shall be given personally or
by registered mail.
Extensions or stated limits may be granted by the
Chancellor.
1.4 Hearing Entity
1.40 The grievant shall have the option of choosing to grieve
before a University Hearing Officer or a University
Hearing Committee.
Hearing Officer(s) shall be employee(s) of the University
who are not in the jurisdiction of the department or unit
hear where the alleged violation occurred, and shall be
assumed impartial by reasonable standards. The Chancellor
shall select and appoint the University Hearing Officer(s)
and the Hearing Committee(s). A Hearing Committee sahll
comprise students and employees of the University in the
following numbers:
2 faculty members
2 staff members
2 undergraduate students
1 graduate student
The Chancellor shall appoint the student members of the
Hearing Committee(s) from a slate of nominees submitted by
the appropriate student governing body (Associated
Students and Graduate Student Association) at the start of
each academic year.
(a) The choice by a student to grieve before a Hearing
Officer(s) or a Hearing Committee shall be final
(i.e., having made a choice of Hearing Entity, a
grievant may not opt for the other once a formal
hearing is underway;
(b) However, at any stage of the hearing procedure the
grievant may request, in writing, that the formal
hearing be terminated and an informal solution be
arranged by the Vice Chancellor-Student Affairs.
1.5 Exchange of Evidence
Each party shall provide the other with relevant material,
including names of all witnesses, which he/she intends to
introduce at the hearing. To whatever extent is possible, this
material should be provided at least seven (7) days before the
hearing.
1.6 Hearing Procedures
1.60 The student shall have the right to:
1. Be present throughout the hearing;
2. Be represented--the option to be assisted during the
formal proceedings by a representative at the
student's own expense;
3. Present his/her evidence, including witnesses, first;
4. Examine all witnesses presented by the University.
1.62 Closed or Open Hearing
Unless both parties agree to an open hearing, the hearing
shall be closed. In the event that the hearing is closed,
each side may have three (3) observers.
1.63 Exclusion of Witnesses
At the request of either party, all witnesses other than
the grievant and the University official primarily
involved in the action, shall be excluded from the hearing
except when testifying.
1.64 Rules of Evidence
Evidence may be verbal or written, but must be limited to
issues raised in the written complaint.
Hearsay evidence is admissible only if corroborated. The
hearing entity will exclude any irrelevant or unduly
repetitive evidence.
1.65 Record
The hearing shall be tape recorded, or at the option of
the student, a stenographer may be provided at the
student's expense.
The student shall have access to a copy of the tape
recording and may copy the tape at his/her own expense.
All records pertaining to the hearing shall be kept by the
University for a period of three (3) years.
1.66 Findings
The hearing entity must make its report to the Vice
Chancellor-Student Affairs within thirty (30) days of the
close of the hearing. Such a report shall contain
findings of fact as to whether the alleged violation
occurred. The findings shall be based on a preponderance
of the evidence presented. The report shall include
recommendations for an appropriate remedy if a violation
has been found. The remedy will seek to place the student
in the position he/she would have been in but for the
alleged discrimination or privacy violations.
1.7 Vice Chancellor's Decision
The Vice Chancellor-Student Affairs must make a decision on the
recommendation within fifteen (15) days of the receipt of the
report from the hearing entity.
Both parties to the complaint and their representatives shall
be notified, promptly, in writing, of the Vice Chancellor-
Student Affairs decision, and furnished a copy of the report
from the hearing entity.
The Affirmative Action Coordinator shall be advised of the
disposition of grievances filed under these procedures; other
Compliance Officers shall be notified also.
1.8 Appeals
Within thirty (30) days of the date of the Vice Chancellor-
Student Affairs decision, the student may file an appeal with
the Chancellor. An appeal may be filed for the following
reasons only:
A. New evidence has been brought to light--not available by
duly diligent effort at the time of the hearing;
B. An interpretation of the decision is necessary;
C. Established procedures have not been followed.
UCSB
Student Grievance Procedures
For Alleged Discrimination Based on
Race, Color, Religion, National Origin, Sex
Handicap, Sexual Orientation, or Age
(Brief Outline of Formal Procedure)
WHO WHAT WHERE WHEN
_______________________________________________________________________
Student Files formal Office of the Within 90
complaint Vice days of
Chancellor- grievable
Student action
Affairs
Vice Forwards 1) To Within 5 days
Chancellor- complaint designate of receipt
Student ivestigator(s) of complaint
Affairs
2) To department
head where
alleged
violation
occurred.
3) Affirmative
Action Coordinator
4) Title IX
Compliance
Officer, if sex-
related
5) Other Compliance
Officers as
appropriate
Department Files written With Within 10
head answer to designated days.
charge investigator(s)
Investigator( Examine 1) To Vice Within 10
s) circumstances Chancellor- days of
of charge and Student receipt
reports Affairs of department
findings. 2) Department head reply
head or 20 days
3) Student after receipt
4) Copies to of complaint.
Affirmative
Action
Coordinator
&/or Title IX
Officer
Student Presents To Vice Within 10
written Chancellor- days of
request Student receipt
for formal Affairs of
hearing investigator(
s) report.
Vice Arranged for Campus Within 30
Chancellor- impartial location days
Student hearing:
Affairs student
chooses
hearing
entity
(officer(s)
or committee)
Vice Notifies Personally or 15 days
Chancellor- grievant & by before
Student dept registered hearing
Affairs head of mail date
hearing time
&
place
Each party Exchanges To be agreed Within 7 days
evidence upon before
hearing
Hearing Reports To Vice Within 30
entity findings; Chancellor- days after
makes Student hearing
recommendatio Affairs
ns
Vice Makes To both Within 15
Chancellor- decision parties & days from
Student based their receipt of
Affairs on report & representativ report.
recommend- es:
ations for an To Affirm Act
appropriate Coord &
remedy if a appropriate
violation has campus
been found. officers
Student Files appeal To Chancellor Within 30
days from
date
of decision.
Campus Keeps all As designated For 3 years
hearing by the
records Chancellor &
subject to
privacy &
disclosure
legislation.
*All time referred to shall be working days, excepting
quarter breaks.
Please direct questions about these policies to Meta.Clow@vcadmin.ucsb.edu. For questions or comments regarding the format of the above information, please contact webcontact@ucsbuxa.ucsb.edu.
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Last Modified By: EBH, 7/09/98