See Addendum  to this Bulletin for an updated version of this policy.

1. Definitions
   1. A “grievance” is an assertion made by a student under this procedure that they were wronged by a failure to follow Claremont Graduate University policies and/or practices. Grievances regarding faculty judgment of academic performance are not subject to this procedure. Grievances alleging conduct specifically covered by other CGU investigation and/or resolution procedures (e.g., alleged academic dishonesty/research misconduct, alleged sexual misconduct, etc.) are not subject to this procedure and should be brought under those other procedures.
   2. A “student” is anyone who was properly enrolled in the University at the time the perceived wrong occurred.
   3. A “Complainant” is the party that files the Statement of Grievance.
   4. A “Respondent” is the party accused by the grievance and may file a Response to Grievance.
   5. “Party” refers to a Complainant or Respondent, and “parties” refers to the Complainant(s) and Respondent(s), collectively.
2. Time Limits
   1. Grievances must be filed by the Complainant with the Dean of Students within six calendar months after the alleged incident took place.
   2. When a Complainant or Respondent, witness, or anyone named in a grievance, cannot perform a procedural step within a reasonable amount of time, they must ask the Dean of Students for an extension before the time limit has exceeded. Failure on part of the Complainant, Respondent, witness, or anyone named in a grievance, to observe time limits, or to receive an extension, will be determined to have abandoned their statement, and the case will be resolved without their input.
   3. The Student Grievance Procedure may experience administrative delays during periods when the University is in recess.
3. Representation
   1. If either the Complainant or Respondent named in the grievance cannot perform the steps outlined in this procedure, including the hearing, the party may appoint someone to represent them for those steps and, consistent with rules and guidelines governing student information and privacy, that appointee may assist the party in that regard.
   2. Meeting and communication options will be discussed with the Complainant and Respondent during the process, and could include remote meetings and written responses within established time limits.
4. Voluntary Settlements Prior to a Hearing
   1. Grievances may be resolved by mutual agreement if such resolution is voluntary amongst all of the parties (or just the parties relevant to the portion of a grievance being resolved) and is approved by CGU. If the parties reach a voluntary mutual resolution of a grievance prior to a hearing, and the resolution requires administrative action under CGU policies, the Dean of Students will forward the Statement of Grievance, Response to Grievance and proposed resolution to pertinent CGU administrators for consultation. The Dean of Students may: approve the resolution and take the required administrative action, or reject the proposed resolution and initiate hearing procedures. If the proposed resolution does not require administrative action, then, if approved by the Dean of Students, the resolution shall be considered the final step in the grievance procedure, and no subsequent complaints or defenses on the matter shall be heard.

Retaliation

Retaliation against a person who reports, complains about, or participates in the investigation of an allegation of CGU policy violation, will not be tolerated.

Appeals

Either Complainant or Respondent may appeal the decision of the Assistant Vice President for Student Affairs. If an appeal is filed, the other party will be notified and provided an opportunity to respond. An appeal must be made within three business days after the Dean of Students has announced and sent notice to the parties of their decision. The appeal must set forth the specific grounds for disagreement with the decision of the Dean of Students. The appeal decision of the Assistant Vice President for Student Affairs shall be final and both parties will receive written notice of the final decision. Appeals made by Tenured faculty may be referred by the Assistant Vice President of Student Affairs to the Office of the Provost for a final decision. 

Appeal

A Complainant or Respondent who is not satisfied with the policy findings and/or sanctions at the completion of the hearing process may submit an appeal to Chair.

Appeals must be submitted within three (3) business days of the Notice of the Hearing Decision. The appeal must specify which grounds the appeal is based upon and include any arguments the party wishes to make in support of their appeal. Appeals are limited to ten (10) pages, including attachments.

1. Procedural Error: There was a procedural error(s) during the hearing process which materially affected the outcome of the process. The appealing party must describe in their appeal how the procedural error impacted the outcome
2. Disproportionate Sanctions: The sanctions are disproportionate to the findings.
3. Conflict of Interest: There was a conflict of interest or bias for or against any party that affected the outcome of the matter. The appealing party must describe in their appeal the alleged conflict of interest or bias held by the individual and how this altered or impacted the outcome.
4. New Evidence: There is new evidence which was not available or known (and could not have reasonably been known) at the time of the final Hearing Decision which materially affected the outcome of the process. The appealing party must describe in their appeal how the new evidence would have altered the outcome of the process and why the new evidence was not available or reasonably known prior to the appeal.

Convening the Committee on Student Grievances

The Committee on Student Grievances consists of one staff, two faculty and two student representatives nominated by the Graduate Student Council. The Dean of Students serves to provide administrative oversight to the process. The Committee on Student Grievances will be convened and will conduct a hearing in accordance with these and any other approved procedures and submit a recommendation on the grievance to the Dean of Students.

Procedure:

Attachments