|Student Grievance Procedures Involving Equal Opportunity Complaints |
East Carolina University is committed to equality of educational opportunities and does not discriminate against applicants, students, or employees based on race, color, national origin, religion, gender, age, sexual orientation, or disability.
In accord with Section 901 and 902 of Title IX of the Education Amendments Act of 1972, as implemented by Section 86.8 (a) and (b) of the Regulations Published by the U.S. Department of Health, Education, and Welfare, the following procedures have been established to provide prompt and equitable resolution of student and employee complaints involving sex discrimination.
|A. ||Informal Grievance Procedure |
- Informal Grievance Procedure Prerequisite. Most student grievances based on sex discrimination as well as other above listed equal opportunity factors can and should be resolved in an informal manner. Therefore, the student must seek resolution of his or her grievance in accordance with the Informal Grievance Procedure in 2 (following) as a prerequisite to the jurisdiction of a hearing committee to hear the complaint as set forth in B below. It is university policy that any student who requests or has need for the services of an interpreter because of impaired hearing shall be provided the services of an interpreter for all administrative proceedings, hearings, and conferences related to any grievances or disciplinary actions.
- Steps in Informal Grievance Procedure
- Discussion with the Vice Chancellor for Student Life
- If any student alleges a grievance based on sex discrimination or any of the equal opportunity factors shown in the Preamble above, an immediate appointment should be made with associate vice chancellor for student success (201 Whichard Building).
- At the time of making the appointment, the student should state expressly the need to discuss a equal opportunity grievance.
- The Vice Chancellor for Student Life will set an appointment date and discuss the grievance with the student as soon as possible but, in any event, within three school days after the request.
- The grievance should be discussed freely and in an informal and relaxed manner with the dean for student development or the Vice Chancellor for Student Life. Witnesses or other individuals who may assist in resolving the grievance should be consulted at the request of the student or the Vice Chancellor for Student Life.
- The student will be advised of the corrective action and/or decision of the Vice Chancellor for Student Life (if dealing with faculty or staff) as soon as possible but not later than three school days subsequent to the date of the conference.
- Appeal to the Director of Equal Opportunity Programs (Title IX Compliance Officer)
- If the grievance is not resolved to the satisfaction of the student by the Vice Chancellor for Student Life, the student has the right to appeal to the director of Equal Opportunity Programs. The appeal must be made to the director within two working days subsequent to the decision of the Vice Chancellor for Student Life.
- The director of Equal Opportunity Programs will review the case in its entirety, interviewing any and all witnesses deemed necessary, including, where deemed appropriate, a conference involving all parties with the grievance and prior decisions made in an effort to resolve the grievance.
- The director will render an opinion within five working days after receipt of the appeal. The decision of the director will be final and will terminate the student’s rights pursuant to the informal grievance procedure.
- If the decision and/or corrective action taken by the director is not satisfactory, the student has a right to request a formal hearing of the grievance by a grievance committee in accordance with the procedure in B.
|B. ||Formal Grievance Procedure |
- The Hearing Committee. A hearing committee composed of any one from the faculty, staff, or student body of the university will be appointed in each case involving an allegation of discrimination against the student on the basis of sex discrimination or other equal opportunity factor.
The aggrieved student will select the first member of the committee. The Vice Chancellor for Student Life or other member of the administration will select the second member. However, any official of the administration against whom the allegations of discrimination have been made will not select the second member. The two members selected will then agree upon the selection of a third member who will become the chair.
- Steps in Formal Grievance Procedure
- Hearing Request from Student and Selection of First Committee Member
- The formal procedure requires the request for a hearing by the student to be in writing. The letter will set forth the nature of the grievance, including the names of individuals involved in the complaint. The letter will also nominate, by name, the first member of the hearing committee.
- If necessary, the student may obtain the assistance of the student attorney general in drafting the letter of request. The letter should be submitted to the Vice Chancellor for Student Life.
- Selection of Second Committee Member
- Upon receipt of the letter of request from the student, the Vice Chancellor for Student Life will take appropriate action to nominate a second member to the committee.
- Selection of Third Committee Member
- The first two members of the hearing committee will mutually agree upon a third member of the committee who will act as chair.
- The committee thus formed should complete hearing of the grievance within fifteen days after being formed where possible. Rarely should it be necessary to extend this time. The request for an extension of time should be made to and approved by the Vice Chancellor for Student Life at his or her discretion.
- The committee will comply with all of the rules for a due process hearing set forth elsewhere in the Clue Book.
- The committee will maintain a complete record of the hearing by tape recording or other method as deemed appropriate by the committee.
- Committee Findings
- The committee will summarize its factual findings, its conclusions, and make recommendations in writing as to its decision and/or corrective action recommended.
- The summary findings and recommendations will be forwarded to the vice chancellor for student life within three working days subsequent to the conclusion of the hearing.
- Action by the Vice Chancellor for Student Life
- The Vice Chancellor for Student Life will act upon the recommendations and findings of the committee initiating any corrective action deemed appropriate to resolve the grievance.
- The entire record of the hearing and the action taken by the committee will be retained on file for a period of one year subsequent to the hearing.
- Appeal to the Chancellor
If the action taken by the vice chancellor for student life is not satisfactory to the student, he or she may appeal the case to the chancellor within three school days subsequent to the decision by the vice chancellor in Section f. Action by the chancellor is final and will exhaust the administrative efforts of the student.