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Student Complaint Policy for Non-Title IX

 

IMPERIAL VALLEY COLLEGE

Students Rights and Grievances Policy*

*Formerly Student Complaint Form

Adopted by the Board of Trustees 11/15/95; 3/21/12; 7/20/2004

Last Revised: 02/02/2016

The purpose of this procedure is to provide a prompt and equitable means of resolving student grievances. These procedures shall be available to any student who reasonably believes a college decision or action has adversely affected his or her status, rights or privileges as a student.  The procedure shall include, but not be limited to, grievances regarding:

  • Access to classes;
  • Deviation from course content;
  • Refusal of instructor to confer with a student;
  • Sex discrimination as prohibited by Title IX of the Higher Education Amendments of 1972;
  • Financial aid [unless the District's financial aid policy contains an appeal procedure];
  • Course grades, to the extent permitted by Education Code Section 76224(a), which provides:  "When grades are given for any course of instruction taught in a community college District, the grade given to each student shall be the grade determined by the instructor of the course and the determination of the student's grade by the instructor, in the absence of mistake, fraud, bad faith, or incompetency, shall be final."  "Mistake" may include, but is not limited to errors made by an instructor in calculating a student's grade and clerical errors;
  • The exercise of rights of free expression protected by state and federal constitutions and Education Code Section 76120.

This policy does not apply to:

  • Student Code of Conduct issues.
  • Allegations of discrimination based on race, color, national origin, disability, or age in any of its policies, procedures, or practices, in compliance with Title VI of the Civil Rights Act of 1964 (pertaining to race, color or national origin), Section 504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act of 1990 (pertaining to disability) and the Age Discrimination Act of 1975 (pertaining to age).  For complaints of this nature, please refer to the Discrimination Complaint Form.
  • Student disciplinary actions, which are covered under separate Board policies and Administrative Procedures.
  • Police citations (i.e. "tickets"); complaints about citations must be directed to the County Courthouse in the same way as any traffic violation.

For a clarification regarding student conduct issues or discrimination issues, the student may contact the Director of Admissions & Records, Director of Disability Student Programs and Services or Title IX Officer.

INFORMAL RESOLUTION

Each student who has a grievance shall make a reasonable effort to resolve the matter on an informal basis prior to requesting a grievance hearing, and shall attempt to solve the problem with the person with whom the student has the grievance, that person's immediate supervisor, or the local college administration.

Informal meetings and discussion between persons directly involved in a grievance are essential at the outset of a dispute and should be encouraged at all stages.  An equitable solution should be sought before persons directly involved in the case have stated official or public positions that might tend to polarize the dispute and render a solution more difficult.  At no time shall any of the persons directly or indirectly involved in the case use the fact of such informal discussion, the fact