Student Grievance

Policy Grievance Policy

Investigation of Complaints

La Roche University will investigate all allegations promptly and in accordance with defined internal procedures. The procedures will be conducted by officials who have received training on issues related to this policy. Employees and/or students who are found to have violated this policy will be subject to disciplinary action, up to and including dismissal or termination. If a complainant is found to have been intentionally or maliciously dishonest, reckless, or frivolous in making the allegations, the complainant shall be subject to appropriate disciplinary action.

All direct or indirect forms of retaliation and/or intimidation (physical, verbal, social networking, etc.) against the accuser/accused, or person who provides information about incidents of sexual misconduct will not be tolerated. Furthermore, any person who is found responsible for any form of intimidation or retaliation may be subject to disciplinary action.

La Roche respects the privacy of those reporting sexual misconduct; however, because of the serious nature of allegation of sexual misconduct and potential impact on the broader campus community, confidentiality cannot be guaranteed. Both parties simultaneously shall be informed in writing of the outcome of any institutional disciplinary proceeding, the appeal process, and any change to the results, and a timeframe for results.

Rights and Responsibilities of Complainant, Respondent, and University

During the student conduct process for a sexual misconduct complaint:

• A complainant has the right file a charge when she or he believes sexual misconduct has occurred.
• A respondent has the right to notice of charge and an opportunity for an administrative hearing in accordance with the student conduct process.
• A complainant and respondent both have a right to appeal the outcome.
• A complainant and respondent both have the right to view the material that will be considered.
• A complainant and respondent both may have an advisor of their choice be present during the investigation; however, the advisor is not permitted to interrupt the investigation in any situation.
• La Roche will take prompt and effective steps to ensure the safety of the complainant if necessary.
• La Roche will investigate the complaint if warranted.
• La Roche will notify both parties of the outcome.

Campus Guest Policy

La Roche students are responsible for the actions of their guests and may be held accountable through the Campus Judicial System for the actions of their guests. A guest is defined as any invited or uninvited person who is in the presence of a La Roche student. The student acting as host is responsible for informing his/her guest of the university regulations and assumes full responsibility for a guest’s behavior. The host assumes financial responsibility for any damage charges that may occur as a result of the guest’s actions. (See “Guest” section of Residence Life).

Student Grievance Procedure

La Roche University affirms the right of students to due process when they feel that they have been unjustly treated by University faculty, administration or staff. These procedures were developed so that students may have an opportunity for due process in non-disciplinary matters such as disputes with administration, apparent arbitrary judgment and unjust or discriminatory treatment. Disciplinary matters, such as violations of University policy and state and federal laws, will be handled in accordance with the Campus Student code of conduct System. Grade appeals are handled by using the Grade Appeal Procedure.

These procedures were formulated by members of the student body, faculty and administration to ensure the rights, integrity and position of both the student and the party involved in the alleged grievance. The University also affirms the right of the parties involved to defend their positions should they choose to do so. The Grievance Procedure may not be used to challenge a University regulation or policy. It may, however, involve the application or administration of a policy to a particular group of students or to a particular student.

Definitions

Grievance.
An incident in which a student feels he/she has not been fairly treated in a non-disciplinary matter.

Due process.
To assure that each student is provided a fair hearing.

Review Committee Membership

The Student Grievance Review Committee membership is made up of the following 

• University community representatives: 3 students elected by Student Government;
• 2 faculty representatives elected by the Academic Senate;
• 1 Student Life staff member appointed by the Dean of Students (serves as chairperson); for clarification). This request must include the nature of the grievance and a statement of the facts to be presented.
• 1 Academic Affairs staff member appointed by the Provost for Academic Affairs;
• 1 administrative staff member from the Finance or Business Affairs offices appointed by the President.

This committee is formulated in the spring semester of each year. Members serve on the committee for the succeeding academic year and summer session.

If a member is not available to serve during the summer, an appointment will be made for that term by the appropriate person or governing body.

A quorum for the Student Grievance Review Committee is 6; (two students, one faculty, one student affairs representative, one academic affairs representative, and one member of the business office staff).

Procedures

If a student feels that he/she has a grievance(s), he/she must attempt to settle it by speaking to the faculty/staff member who is directly responsible for the grievance. This discussion must take place within 10 business days from the time the student becomes aware of the problem.

The faculty/staff member who is directly responsible for the grievance must respond in writing to the student within 5 business days after the discussion has taken place.

If the student is dissatisfied with the results from step 1, the student will prepare a written appeal giving a clear and precise statement including the following:

• A statement that the student has complied with step 1 above.
• Specifics of the appeal.
• Suggestions as to what the student would consider as fair resolution of the appeal, with supporting reason or reasons. This appeal is made to the immediate supervisor of the faculty/staff member who is responsible for the grievance. A duplicated copy of the appeal is sent to the appropriate line and officer at the same time. This appeal must be in writing and must be delivered within 10 business days of the response from the person directly responsible for the grievance. The immediate supervisor must respond in writing to the student within 5 business days after receiving the appeal. This procedure may continue, with the same time limitations, until the administrative officer has responded. If the student is not satisfied with the outcome of steps 1 and 2, he/she may request a hearing before the review committee.
• This request is made in writing to the Dean of Students within business days after receipt of the response from the administrative officer.
• The request is forwarded to the chairperson of the review committee. (See review committee composition)
• The student and the faculty/staff member who is directly responsible for the grievance will then receive notification of the date, time and place of the hearing, along with a list of the persons serving on the review committee.
• The student, as the person directly responsible for the grievance, has the right to challenge for cause any member of the review committee; if the student, or the person directly responsible for the grievance, can establish bias on the part of the challenged member, the member may be excused. The chairperson of the review committee shall rule on such challenge and may confer with the membership of the committee (except the challenged member) in arriving at his/her decision. In cases where the chairperson is the member being challenged, the review committee will, by majority vote, decide whether or not the chairperson should be excused from the committee.
• The faculty/staff member who is directly responsible for the grievance has the right to be present, testify and answer questions should he/she choose to do so.
• The review committee must respond to the student, in writing, within 5 business days after the review committee hearing.
• The results of the hearing are appealable to the President. The student must appeal in writing within 10 business days after receiving the results from the review committee. The President must respond to the student within 5 business days. There is no appeal to the Board of Trustees.