Student Grievance Policy

Students may be affected by separate and distinct types of action at the College, which are subject to due process and can be appealed.

• Academic action- any action that directly relates to grades or participation in classes, programs, or other academic activities is generally handled by the academic deans.
• Disciplinary action- any action that violates the Rules of Student Conduct (excluding academic dishonesty and Title IX) is generally handled by the Dean of Student Services.
• Policy application- any action as a result of application of college policy that negatively impacts a student’s status with the College is generally handled by the Dean of Student Services.
• Title IX-Related Issues- any action as a result of a Title IX related violations is handled by the appropriate Vice President.

Grievances generally fall into two categories, complaints and appeals.

Student Complaints

In cases where a student complaint is about a situation or event with which the student disagrees, but there is no injury to the student, the student should request a meeting with the person with decisionmaking authority over the situation or event to express the concern or present alternate opinions. If the student is unclear about with whom the student needs to meet or unsure how to present the concern, a student advocate can assist the student.

A student complaint resulting from an act of another student or faculty or staff member of the College that violates college policy, student conduct rules, or the law; or an omission of the College or its employees when the complainant is injured by the act or omission is resolved in a two- stage process: Stage 1, Informal Resolution and Stage 2, Formal Resolution.

Exceptions: Complaints involving unlawful harassment, stalking, or sex offenses are reported to the Title IX Coordinator and follow the procedures for Resolution of Sexual Offenses. Students reporting these offenses are not required to confront the student, faculty, or staff member involved with the situation.

Stage 1- Informal Resolution

1. Depending on the circumstances or area of concern, the student must request a conference with the staff or faculty member whose act or omission is the subject matter of the complaint. Such a conference should be held quickly with the full cooperation of all parties.
2. If the staff or faculty member can resolve the complaint to the satisfaction of the student, the matter should be settled. If the matter cannot be resolved to the satisfaction of the student, the student must meet with a Student Services staff member. This member will act as the student’s advocate and will assist the student and mediate the complaint.
3. The student and the advocate must request a conference with the staff or faculty member whose act or omission is the subject matter of the complaint. Such a conference should be held quickly with the full cooperation of the student and college employees.
4. If the staff or faculty member can resolve the complaint to the satisfaction of the student, the matter should be settled informally.

Stage 2- Formal Resolution

If the staff or faculty member cannot resolve the complaint, the student complainant (with the assistance of an advocate) shall, within ten (10) business days of the conference:

1. Put the complaint in writing, containing a concise statement of the complaint, and a short, plain statement of the supporting facts (including the date of the required conferences referenced above, if applicable).
2. Send the written complaint by certified mail, return receipt requested, restricted delivery, email from the student’s college account, or hand-delivery to the supervisor of the college employee whose act or omission is the subject matter of the complaint, the Academic Dean if an issue is with faculty or a class. If the complaint is not academically related, the Dean of Student Services, or a designated grievance officer depending on the nature of the complaint.
3. The supervisor, dean, or a designated grievance officer so served shall make a final decision and shall notify, in writing, the student, student advocate, and college employee within five (5) business days of the receipt of the complaint.
4. The student may appeal the final decision using the Procedures for Student Appeal set out below.

Resolution of Sexual Offenses

The student and/or responsible employee (as defined in Carteret Community College’s Title IX Policy and Procedures) shall:

1. Put the complaint in writing, containing a concise statement of the complaint, and a short, plain statement of the supporting facts. The College prefers an official Carteret Community College Title IX Complaint Form be used when submitting a complaint.
2. All Title IX-related complaints are to be sent to the Title IX Coordinator.
3. The Title IX Coordinator shall convey the complaint to the Dean of Student Services, appropriate Vice President, and other need- to-know administrative personnel. An action plan meeting will be held to determine the scope of the complaint and needed investigation.
4. The investigation team will conduct an impartial investigation. The goal is to complete an investigation as quickly as possible. However, a case will not be considered complete until it has been thoroughly investigated.
5. If disciplinary action is recommended by the investigation team, the Dean of Student Services shall convene an adjudication team of employees trained in Title IX, to conduct a formal hearing. All parties may attend the hearing and have an advisor present. Additional questions and evidence may be presented at the hearing by the accused. The adjudication team will make a decision based on a preponderance of evidence.
6. The Dean of Student Services will notify in writing all parties within five (5) business days of the receipt of the complaint.
7. Either party may appeal the final decision using the Procedures for Student Appeal set out below

Student Appeals

All student appeals of an Academic Action or Policy Application shall follow the procedures outlined below.

Appeal of Academic Action 

Grounds for Appeal

A student may appeal an Academic Action for the following reasons:

1. College policy or grade issued was arbitrary, capricious, or contrary to written instructions;
2. Appellant was not fully informed of the College’s dissatisfaction with student’s academic or clinical progress

Timing and Form of Appeal

The appeal of an instructor’s academic action involving the award of a final grade shall be made in writing, within ten (10) business days of the date that the final course grade is posted to Carteret Compass.

The appeal of a removal from a course for reasons other than academic dishonesty shall be made in writing, within five (5) business days of notification of being dropped, be it a written or verbal notification.

The letter of appeal shall:

1. Clearly state the student’s grounds for appeal and any supporting information;
2. Be sent certified mail, return receipt requested, restricted delivery, by email from the student’s college account, or hand-delivered; and
3. Be directed to the appropriate Dean for the instructional area in which the grade was given. If the Dean issued the grade, the appeal shall be directed to the Vice President of Instruction and Student Support.
4. The college official receiving the appeal shall note the date of receipt on the face of the appeal.
5. If the letter of appeal is hand- delivered, a copy of the letter, signed and dated by a college official, shall be proof of delivery.
6. The Dean or Vice President to whom the appeal is directed will also be responsible for notifying, in writing, the instructor and all line supervisors concerning the appeal.

The Dean or the Vice President to whom the appeal is directed shall investigate the facts and determine whether the action should be upheld or reversed.

Dismissal Pending Appeal

If a studet appeals an academic action leading to dismissal from a course, activity, or program, the student is not to be dismissed from the course, activity, or program, if applicable, until the appeal process is complete unless:

1. In the case of a clinical affiliate or other off-campus contractor providing cooperative experiences, immediate removal is required by the contractor or cooperative agency;
2. The student’s continued participation in the activity would pose a threat to the student, the College, or others; or
3. College Policy would be violated.

Erroneous Academic Action

If, at any point in the appeals process, based on the evidence, it is determined that an erroneous academic action has been taken, the Dean or the Vice President to whom the appeal is directed, the instructor, and the student shall meet within five (5) business days from the date of such determination to agree on corrective action. If circumstances make it impractical for the parties to meet within five (5) business days, then the Dean or the Vice President may extend this meeting date to a date agreeable to both parties, but in no event shall the extension be more than thirty (30) calendar days.

Notification of Decision

The Dean or the Vice President to whom the appeal is directed shall:

1. Notify the student of a decision in writing, either by hand-delivery, certified mail, return receipt requested, restricted delivery, or email to the student’s college account within ten (10) business days from the date of receipt of the notice of appeal; and
2. Send copies of the decision to the instructor and all line supervisors of the instructor. A copy of the decision must also be sent to the parents if the appellant is under the age of 18 and is not an emancipated minor subject to FERPA.

Appeal from Decision of a Dean to a Vice President

If a student’s appeal is denied by a Dean, the student may appeal this decision to the appropriate Vice President, be it the Vice President of Instruction and Student Support or the Vice President of Corporate and Community Education.

The appeal shall be made in writing within five business days of the date of the receipt of the denial. The letter of appeal shall:

1. Clearly state the student’s grounds for appeal and any supporting information; and
2. Be sent certified mail, return receipt requested, restricted delivery, emailed to the student’s college account, or hand- delivery.

The decision of the Vice President will be made within 10 (ten) business days of the receipt of the letter of appeal.

Notification of Decision of Vice President

The student shall be notified in writing of the decision through certified mail, return receipt requested, restricted delivery, email to the student’s college account, or hand-delivery.

A decision on an appeal of an academic action made by the Vice President is final.

If the final appeal is resolved against the student, the academic action shall be permanently recorded. In the event that a student is dismissed from the College, tuition credits will be made according to state guidelines.

Appeal of Disciplinary Action 

Before beginning a non-academic related disciplinary action appeal process, the student should contact a Student Advocate for assistance with the preparation and presentation of the appeal and to answer questions regarding the appeal process.

Grounds for Appeal

A student may appeal a disciplinary action for the following reasons only:

1. The action taken was arbitrary, capricious, and contrary to published college policy, or
2. Insufficient evidence exists to sustain the disciplinary action.

Timing and Form of Appeal

The appeal of a formal written Disciplinary Action shall be made in writing to the Dean of Student Services.

The appeal must be submitted within ten (10) business days of the receipt of written notification of the disciplinary action.

The letter of appeal shall:

1. Clearly state the student’s grounds for appealing and any supporting information; and
2. Be sent certified mail, return receipt requested, restricted delivery, email from the student’s college account, or hand- delivery.

Duties of the Dean of Student Services

The Dean shall be responsible for notifying, in writing, the employee, and all line supervisors concerning the appeal.

The Dean shall then investigate the facts and determine whether the disciplinary action should be upheld or reversed.

The Dean shall notify the appealing student of the decision in writing, either hand-delivered, or by certified mail, return receipt requested, restricted delivery, or email to the student’s college account within ten (10) business days of receipt of the letter of appeal.

A copy of the decision shall be sent to the employee and all line supervisors. A copy shall also be sent to the student’s parents if the student is under the age of 18 and not an emancipated minor.

If the disciplinary action is upheld, the notice of decision will include the nature of the charges, general findings that substantiate the charges, proposed disciplinary action to be taken, and the further due process available to the student.

Erroneous Disciplinary Action

If, at any point in the appeals process, it is determined that an erroneous disciplinary action has been taken, the Dean of Student Services, the instructor or staff member and the student shall meet within five (5) business days to agree on a corrective action. If circumstances make it impractical for the parties to meet within five (5) business days, the Dean of Student Services may extend the meeting date to an agreeable time for both parties. In no event shall this meeting take place more than thirty (30) calendar days after the determination of erroneous disciplinary action.

Dismissal Pending Appeal

If a student appeals a disciplinary action which would lead to dismissal from a course, activity, or program, the student is not to be dismissed from the course, activity or program, if applicable, until the appeal process is complete unless

1. In the case of a clinical affiliate or other off- campus contractor providing cooperative experiences, immediate removal is required by the contractor or cooperative agency;
2. The student’s continued participation in the activity would pose a threat to the student, the College, or others; or
3. College Policy would be violated.

Appeal to the Student Appeals Committee 

A student may appeal the decision of the Dean of Student Services to the Student Appeals Committee. A notice of appeal and request for hearing before the Student Appeals Committee must be:

1. In writing and addressed to the appropriate Vice President within ten (10) business days of the student’s receipt of the decision from the Dean of Student Services;
2. Clearly set forth the grounds for the appeal and any supporting information; and
3. Be sent to the appropriate Vice President by certified mail, return receipt requested, restricted delivery, emailed, or hand- delivered.

Duties of the Vice President

The Vice President or designee shall note on the face of the written request for a hearing the date on which it was received.

The Vice President shall be responsible for notifying, in writing, all parties who received copies of the original notice of action, that an appeal to the Student Appeals Committee has been filed.

Within five (5) business days of the receipt of such written notice of appeal and request for hearing, the Vice President shall schedule a hearing by the Student Appeals Committee to be held with all due speed, but in no event longer than thirty (30) calendar days from the date of receipt of the written notice of appeal and request for a hearing.

The Vice President shall serve written notice to the student, to the student’s parents, if applicable, to all members of the Student Appeals Committee and to the Dean as to the time and place of the hearing. Notice to the student about the hearing shall be by certified mail, return receipt requested, restricted delivery, or by acknowledged hand-delivery.

Membership of the Student Appeals Committee

The Student Appeals Committee shall consist of two (2) members of the staff and faculty (For all Health Sciences students, one faculty member will be from the Health Sciences Division) appointed by the Vice President and three (3) students appointed by the president of the Student Government Association or the Student Activities Coordinator for a total of five members. The Student Appeals Committee shall hear the appeal.

The Vice President shall appoint an individual from among the College employee appointees to the Student Appeals Committee to serve as chairperson who shall conduct the hearing.

If for any reason, the student component of the Student Appeals Committee shall not be fully constituted, the president of the Student Government Association or the Student Activities Coordinator shall randomly select students having no connection to the incident or parties to serve on the Committee.

Hearing Procedures

It shall be the responsibility of the Dean of Student Services to:

1. Notify the members of the Student Appeals Committee of a pending appeal and supply them with such documentation as shall be necessary to hear the case;
2. Schedule a meeting of the committee prior to the hearing if necessary; and
3. Appoint a Student Advocate if one is not already working with the student.

A hearing before the committee shall be structured but informal, giving the student and the College a full opportunity to present the appeal. The order of the presentations shall be as follows:

1. The student has the first opportunity to be heard.
2. The College is heard from next.
3. The student is then allowed to rebut the College’s case.

The student shall have the right to:

1. Present witnesses and evidence on the student’s behalf; and
2. Question adverse witnesses.

The student may bring one or more parents, one friend, or a lawyer to act in the capacity of an advisor. The College will provide a Student Advocate assigned to advise the student; however, students must be prepared to advocate for themselves as neither the advisor nor the advocate may speak or participate in the hearing. The advisor/advocate may only confer with the student.

The College shall have the right to:

1. Present witnesses and evidence; and
2. Question adverse witnesses.

It shall be the responsibility of the Dean of Student Services to present the College’s case to the Student Appeals Committee.

Notice of Decision of Student Appeals Committee

The decision of the Student Appeals Committee is determined by the majority vote and requires a twothirds (2/3) majority.

1. The Student Appeals Committee shall render its written decision to the Vice President.
2. The Vice President shall notify the student appellant and all parties who received copies of the original notice of disciplinary action on the next business day following the hearing.
3. This notice shall be sent to the student certified mail, returned receipt requested, restricted delivery, by email to the student’s college account, or hand-delivery with copies sent by regular or campus mail.

Compliance with the Decision of the Student Appeals Committee

If the decision is in favor of the student, the student shall be immediately reinstated, and appropriate corrective action taken. The Dean of Student Services, the Vice President, other relevant personnel, and the student shall meet within five (5) business days from the date of the receipt of the decision by the student to agree upon corrective action. If circumstances make it impractical for the parties to meet within five (5) business days, the Dean of Student Services may extend the meeting date to a date agreeable to all parties, but in no event shall such date extend beyond thirty (30) calendar days from the date of the decision of the Student Appeals Committee. Recommended corrective measures will be conveyed to the College President. A memorandum of these corrective measures shall be placed in the student’s record along with a copy of the Student Appeals Committee’s decision.

If the decision is rendered against the student, the Student Appeals Committee may uphold the disciplinary action or suggest an alternate action as appropriate to the misconduct. A copy of the notice of the decision of the Student Appeals Committee shall be placed in the student’s records.

Continuance of Hearing

In the event that unusual circumstances prevent an appeal to the Student Appeals Committee from being heard as scheduled, the proceeding may be continued for a maximum of thirty (30) calendar days.

1. A request for a continuance should be directed to the Chairperson of the Student Appeals Committee and the adverse party.
2. A request for a continuance must be
   1. In writing, stating compelling grounds for the continuance; and
   2. Sent certified mail return receipt requested, restricted delivery or hand-delivery no later than five (5) business days before the scheduled proceeding.

The party receiving the request for a continuance shall have three (3) business days from the date of receipt to respond.

The decision on continuance shall be

1.  In writing addressed to the student appellant and the college respondent;
2. Inclusive of the date, time, and location of the newly scheduled proceeding; and
3. Copied to all College faculty and staff involved in the proceedings.

Appeals of Student Appeals Committee Decision to the College President

The student may appeal the decision of the Student Appeals Committee by requesting a hearing before the College President.

This request shall be:

1. In writing and delivered by certified mail, return receipt requested, restricted delivery or hand- delivery to the President of the College; and
2. Made within (10) calendar days of receipt of the Student Appeals Committee’s decision.

Within five (5) business days of the receipt of the request, the President shall schedule a meeting with the student. The President shall have the sole discretion to investigate the matter as deemed reasonable. The President may include in this meeting such college employees as deemed necessary. The decision of the President shall be final.

On the business day following the hearing, the President shall send notice of a decision to the student as follows:

1. In writing;
2. Via certified mail, return receipt requested, restricted delivery, or hand-delivered; and
3. With copies to all parties who received correspondence concerning the appeal at any step in the appeals process.

Compliance with the President’s Decision

If the President finds in favor of the student, the student shall be immediately reinstated, and appropriate corrective action undertaken. The Dean, the Vice President, other relevant personnel, and the student shall meet within five (5) business days from the date of the receipt of the notice by the President to agree upon corrective action. If circumstances make it impractical for the parties to meet within five (5) business days, then the President may extend this meeting date to a date agreeable to all parties, but in no event shall this meeting take place more than ten (10) business days from the date of student’s receipt of the notice of decision of the President.

Appeal of Policy Application 

Grounds for Appeal

A student may appeal a policy application for the following reasons:

1. College policy application was arbitrary, capricious, or contrary to written instructions;
2. Appellant was not fully informed of the College’s policy;
3. Action poses a threat to impending graduation, continued enrollment, or withdrawal of financial aid.

Timing and Form of Appeal

The appeal of a policy application shall be made in writing within ten (10) business days of the date that the student is notified of the action.

The letter of appeal shall:

1. Clearly state the student’s grounds for appeal and any supporting information;
2. Be sent certified mail, return receipt requested, restricted delivery, by email from the student's college account, or hand-delivery; and
3. Be directed to the appropriate Dean for the policy area in which the action was taken.
   1. The college official receiving the appeal shall note the date of receipt on the face of the appeal.
   2. If the letter of appeal is hand- delivered, a copy of the letter, signed and dated by a college official, shall be proof of delivery.
   3. The Dean to whom the appeal is directed will also be responsible for notifying, in writing, all involved offices concerning the appeal

The Dean to whom the appeal is directed shall investigate the facts and determine whether the action should be upheld or reversed.

The Dean shall notify the appealing student of the decision in writing, either hand-delivered, or by certified mail, return receipt requested, restricted delivery or email to the student's college account within ten (10) business days of receipt of the letter of appeal.

A copy of the decision shall be sent to all offices involved concerning the appeal.