Due Process & Grievance Procedures

Odessa College is committed to high standards and equitable treatment of all individuals associated with the college. There are times, however, when conflicts do arise between a student and an employee of the college. When a conflict occurs in matters other than alleged discrimination, sexual harassment, and employment questions, the college has adopted a due process procedure which is designed to resolve the issue as quickly as possible while offering protection to all individuals involved in the conflict.

The college further recognizes that many conflicts between a student and a member of the faculty or staff are the result of misunderstanding and poor communication. Thus, college policy encourages people to work together to define their difference of opinion and seek a mutually satisfactory solution.

Copies of the college due process procedure are available in the office of The Executive Director of Student Life (SCC232).

Academic Conflict Resolution

Informal Due Process

If a student has a conflict with a faculty member or lab instructor relating to instructional matters or grading, the student should attempt resolution at the first level possible by conferencing with the following individuals in the order listed:

The student meets with the faculty member to attempt to resolve the conflict. If the conflict is resolved, no further action is necessary. Both parties should be certain that terms of the resolution are clearly understood. Notes of the understanding are appropriate.
Department Chair
Instructional Dean
Vice President for Instruction

Conferences with the instructor and department chair are considered informal steps in the conflict resolution process. When a college official at the dean or higher level becomes involved, the process is more formalized, and written documents are utilized.

The student or the faculty member has the option of pursuing the matter if the conflict is not resolved. Either may contact the department chair.
The department chair should meet with all parties, individually or as a group, to determine or clarify the major issue(s). The chair will attempt to negotiate a mutually agreeable solution or make a decision in favor of one of the parties.
If a solution that is satisfactory to both parties is reached, the matter will be considered resolved. If a satisfactory solution is not reached, either party may request that the matter be continued to formal due process. If the chair makes a decision in favor of one of the parties, the other party shall have the right to carry the matter to the formal due process stage. If the matter is to be carried forward, the department chair will have both the student and the faculty member complete the Unresolved Conflict Report Form. The department chair will complete the Due Process Report Form. It is the responsibility of the department chair to deliver completed forms to the appropriate instructional dean for review, if due process continues. This delivery should take place within three working days. Copies of all completed forms should be filed with the Vice President of Administrative Services.

Forms are available from the Human Resources Office. The Human Resources Office serves as the office of record and facilitation for due process matters.

Formal Due Process

The instructional dean shall review the written reports submitted from the student, faculty member, and department chair. The dean will interview at

least the two original parties, either individually or together. The goal of the interview(s) will be to clarify issues and attempt to reach a mutually acceptable solution. The dean may also make a decision in support of the position of either of the parties, based on the information provided. A decision must be made within three working days from the time of the last interview or group session. When a decision has been reached at this level, the dean shall complete the Due Process Report Form and file that form with the Vice President of Administrative Services.

If the conflict is not resolved by mediation or if either party does not agree with the decision made by the dean, the conflict may be appealed to the Vice President for Instruction. It shall be the responsibility of the dean to deliver all completed forms to the Vice President for Instruction within three working days, if due process continues. The dean must also notify the Vice President of Administrative Services in writing of the continuation of due process.
The Vice President for Instruction shall review the completed forms and shall interview at least the two original parties to the conflict. The Vice President may attempt to negotiate a solution between the parties or may make an administrative ruling in favor of one of the parties. After a solution has been reached or a decision made, the Vice President shall complete a Due Process Report Form. The completed form, along with all forms from previous levels of review will then be delivered by the Vice President to the office of the Executive Director Administration.
If the conflict is not resolved to the satisfaction of both parties by Vice President for Instruction, either party may request a hearing by the Appeals Committee.

Appeals Committee

The request for appeal to the committee should be made by the party wishing to appeal. The request must be made to the Vice President of Administrative Services. Written notice must be received by the Executive Director within five working days of the decision by the Vice President for Instruction.
The Vice President of Administrative Services will convene the Appeals Committee within three working days of receipt of the written request.
The Appeals Committee shall consist of
- Two students selected by the Vice President of Administrative Services from a group of nominees submitted by the student government organization. Each student must be enrolled for six or more semester hours and have a cumulative GPA of 2.0 or higher.
- Two faculty members appointed by the Faculty Senate from the ranks of full time faculty
- One professional staff member, appointed by the Organization of Professional Staff
- The Vice President of Administrative Services who will serve as nonvoting chair.
The Appeals Committee shall examine the file of written statements prior to convening with the parties to the appeal in attendance. Attendance shall be limited to only those parties who have been directly involved in the earlier stages of due process. Third parties may not attend unless mutually agreeable to all parties from earlier stages. Both the student and faculty member will be allowed to present their position orally and may refer to written statements or informal notes made during the process. Other parties in attendance may address the committee only upon committee request.
After hearing presentations from both parties to the conflict, the committee may ask for information from other parties directly involved or may request that either party provide additional information or data. When the committee has heard all reports and information, it will meet privately. The committee decision will be made by simple majority vote, with each committee member being entitled to one vote. The committee decision must be delivered in writing to both parties within five working days from the date of the committee meeting. Records of the committee proceedings will be maintained by the Vice President of Administrative Services.

Notes

Any of the involved parties has the right to add to their initial statements in response to negotiations at any or all levels of the informal or formal due process.
Until the conflict is resolved, the student has the right to continue class attendance as long as the student’s presence is not disruptive, detrimental to safety, or impeding to the instructional environment, or as noted in item 3.
If the conflict is related to a laboratory or clinical requirement in an external entity where the policy of the external entity calls for removal of the student, that removal will be enforced.
Internal due process does not allow for participation of legal counsel. Should either party employ legal representation, he or she should understand that the internal due process may be terminated, leaving the courts as the recourse for conflict resolution.
Failure of either party to comply with steps or deadlines, without just cause, will result in resolution of the conflict in favor of the other party.
Determination of just cause will be made by the Vice President of Administrative Services.
If either party involved in a conflict finds it necessary to request an extension of time, the request for extension must be made to the Vice President of Administrative Services. The Vice President shall make the decision as to the granting of the extension.
In all cases, when a mutually agreeable solution is reached, the mediator at that level is responsible for collecting all written materials and delivering those materials to the office of the Vice President of Administrative Services.

Presidential Review

Decisions of the Appeals Committee may be appealed to the President of Odessa College. Intention to appeal must be made in writing and must be received in the Office of the President by the end of the fifth working day after the day of the decision of the Appeals Committee is received by the appealing party. Review by the President will be procedural only and may be based on the President’s review of the records of the committee proceedings, as maintained by the Vice President of Administrative Services.

Should one party be granted an audience with the President, the other party will be given a similar opportunity. The decision of the President will be dispatched in writing to all parties within five working days after receipt.

Board Review

Decisions of the President may be appealed to the Board of Trustees of Odessa College. Intention to appeal must be made in writing and must be received in the Office of the President by the end of the fifth working day after the day of the decision of the President is received by the appealing party. Review by the Board will normally be procedural based only on review of the records of the committee proceedings received from the President. Should one party be granted an audience with the Board, the other party will be given a similar opportunity. The decision of the Board will be dispatched in writing to all parties within five working days after the review of the conflict is completed.

A decision by the Board of Trustees is the final step in the college due process.

Non-Academic, General Conflict Resolution

The process specified herein is to be followed for a conflict, non-instructional in nature that may arise between a student and an employee of Odessa College. If the conflict is based on acts that are perceived by the student as sexual harassment or discriminatory on the basis of race, sex, age, color, national origin, religion, or condition of disability, the student should immediately report the conflict to the Executive Director of Student Life. Matters of this nature reported by a student shall be investigated by the Vice President of Academic Affairs and/or the Vice President of Administrative Services. The Executive Director of Student Life shall report to the student on the status of the investigation within five working days after the date the complaint is brought to the attention of the Executive Director of Student Life.

Conflicts related to a student’s employment at Odessa College should be resolved according to procedures in Section 4 of the Odessa College policy and procedures manual.

If a student has a conflict with a faculty member, lab instructor, or any other Odessa College staff member in an area not related to instruction or grading, that student should attempt resolution at the first level possible, with the first attempt being to contact the college employee involved. If resolution is not possible, the student should conference with the following persons in the order listed:

Supervisor of the employee
Director or Dean of the work area
Vice President of the area

Conferences through the supervisor are considered to be informal.

Resolution of other conflicts between a student and an employee of Odessa College should be accomplished as follows.

Informal Due Process

The student should meet with the employee to attempt to resolve the conflict. If the conflict is resolved, no further action is necessary. Both parties should be certain that terms of the resolution are clearly understood. Notes of the understanding are appropriate.
If the conflict is not resolved, either the student or the employee has the option of pursuing the matter by contacting the immediate supervisor of the employee involved. This contact should take place within five working days after the student and employee have met and attempted to solve the conflict.
The supervisor will meet with both the student and the employee, either together or separately, based on the circumstances of the conflict. The supervisor may mediate the conflict, may dismiss the complaint as unfounded, or may make a decision in favor of either of the parties.
Steps 2 and 3 may be repeated until such time the complaint reaches the office of the Vice President of the area in which the involved employee reports.

As in academic matters, once the dean or director becomes involved the process becomes formal and written documentation is required.

At such time as an unresolved conflict is brought to a vice president, formal due process begins.

Formal Due Process

When a complaint reaches the office of a Vice President, that Vice President shall have both the student and the employee complete the Unresolved Conflict Report Form. The Vice President may also request information from college employees who have had a role in earlier stages of the conflict resolution process. The Vice President may then mediate the conflict, dismiss the complaint as unfounded, or make a decision in favor of either of the parties.

The Vice President shall file a written report to include completed forms and a summary of action taken. This report shall be filed with the Vice President of Administrative Services within three working days after the Vice President has made a decision. The Vice President shall also provide written notice of the decision or resolution to both the student and the employee.

Either party has the right to request a hearing by the Appeals Committee.

Appeals Committee

In both academic and non-academic matters, both parties involved in a conflict resolution attempt have the right to appeal a college official’s decision to the next administrative level. If a mutually acceptable resolution is not reached at the vice-presidential level, an appeals committee is formed to hear both sides of the conflict.

The request for appeal to the committee should be made by the party wishing to appeal. The request must be made to the Vice President of Administrative Services. Written notice must be received by the Executive Director within five working days of the decision by the Vice President.
The Vice President of Administrative Services will convene the Appeals Committee within three working days of receipt of the written request.
The Appeals Committee shall consist of
- Two students selected by the Vice President of Administrative Services from a group of nominees submitted by the Student Government Association. Each student must be enrolled for six or more semester hours and have a cumulative GPA of 2.0 or higher.
- Two faculty members appointed by the Faculty Senate from the ranks of full time faculty.
- One professional staff member, appointed by the Organization of Professional Staff.
- The Vice President of Administrative Services who will serve as nonvoting chair.
The Appeals Committee shall examine the file of written statements prior to convening with the parties to the appeal in attendance. Attendance shall be limited to only those parties who have been directly involved in the earlier stages of due process. Third parties may not attend unless mutually agreeable to all parties from earlier stages. Both the student and faculty member will be allowed to present their position orally and may refer to written statements or informal notes made during the process. Other parties in attendance may address the committee only upon committee request.
After hearing presentations from both parties to the conflict, the committee may ask for information from other parties directly involved or may request that either party provide additional information or data. When the committee has heard all reports and information it will meet privately. The committee decision will be made by simple majority vote, with each committee member being entitled to one vote. The committee decision must be delivered in writing to both parties within five working days from the date of the committee meeting. Records of the committee proceeding will be maintained by the Vice President of Administrative Services.

Notes

Any of the involved parties has the right to add to their initial statements in response to negotiations at any or all levels of the informal or formal due process.
Until the conflict is resolved, the student has a right to continue as a student so long as the student’s presence is not disruptive, detrimental to safety, or impeding to the instructional environment, or except as noted in item 3.
If the conflict is related to a laboratory or clinical requirement in an external entity where the policy of the external entity calls for removal of the student, that removal will be enforced.
Internal due process does not allow for participation of legal counsel. Should either party employ legal representation, he or she should understand that the internal due process may be terminated, leaving the courts as the recourse for conflict resolution.
Failure of either party to comply with steps or deadlines, without just cause, will result in resolution of the conflict in favor of the other party.
Determination of just cause will be made by the Vice President of Administrative Services.
If either party involved in a conflict finds it necessary to request an extension of time, the request for extension must be made to the Vice President of Administrative Services. The Executive Director shall make the decision as to the granting of the extension.
In all cases, when a mutually agreeable solution is reached, the mediator at that level is responsible for collecting all written materials and delivering those materials to the office of the Vice President of Administrative Services.

Presidential Review

Should one party be given an audience with the President, the other party will be given a similar opportunity. The decision of the President will be dispatched in writing to all parties within five working days after receipt.

Board Review

Should one party be given an audience with the Board, the other party will be given a similar opportunity. The decision of the Board will be dispatched in writing to all parties within five working days after the review of the conflict is completed.

A decision by the Board of Trustees is the final step in the college due process.

COMPLAINTS OR GRIEVANCES FROM ONLINE STUDENTS

Students who are enrolled completely on-line may file complaints or grievances electronically. If the complaint or grievance involves an academic matter, the student should email a complete description of the situation to the Vice President for Instruction. The Vice President will initiate due process in his/her division. If the complaint or grievance involves a non-academic matter, the student should email a complete description of the situation to the Executive Director of Student Life who will initiate due process in his/her division.