Student Non-Academic Grievance Policy And Procedures

For interpretation of this policy, please contact the Office of the Vice President for Student Affairs, (909) 537-5185

Article I. Statement of Policy

This policy and procedures are designed to provide a student grievant with an opportunity to obtain an equitable resolution to alleged injustices or problems caused in part or whole by the actions or practices of the university.

Employees and students who violate this policy may be subject to discipline. If discipline of a CSUSB employee is appropriate under this policy, it shall be administered in a manner consistent with applicable collective bargaining agreements, CSUSB policies, and provisions of California Education Code Sections 89535 et seq. Discipline of a student shall be administered in accordance with Section 41301 of Title 5, California Code of Regulations.

Article II. Definitions

For the purpose of this policy, the following definitions apply:

1. Respondent means a CSUSB employee against whom a grievance has been filed.
2. Employee, as defined in Title 5 of the California Code of Regulations, means a person legally holding a position in and employed by California State University, San Bernardino (e.g., Administrators, Faculty, Staff).
3. Grievance is a complaint by a student about an alleged action by a CSUSB employee which adversely affects the status, rights or privileges of the student.
4. Grievant is a student who has filed a complaint because student believes that their status, rights or privileges have been adversely affected by an alleged action of a CSUSB employee.
5. Appropriate Administrator/Fact Finder means the person tasked by CSUSB with verifying the validity of a non-academic grievance complaint at the Formal Level. A Fact Finder may be a Management Personnel Plan employee or an external consultant.
6. Management Personnel Plan Employee, as defined in Title 5 of the California Code of Regulations, means an employee who has been designated as 'management' or 'supervisory' in accordance with the provisions of the Higher Education Employer-Employee Relations Act.
7. Preponderance of the Evidence means the greater weight of the evidence; i.e., that the evidence on one side outweighs, preponderates over, or is more than, the evidence on the other side.
8. Student means any individual (matriculated or non-matriculated) who is currently enrolled at California State University, San Bernardino (including extension courses offered through the College of Extended and Global Education), or who was enrolled within twenty (20) calendar days prior to the date on which the grievant formally began the grievance process.

Article III. General Provisions and Scope of the Policy

1. Who May File Complaints Under this Policy
   1. Matriculated or non-matriculated students enrolled at the university, as well as former students provided that they were previously enrolled within twenty (20) calendar days prior to the date on which they formally began the grievance process.
2. What is a Grievable Action Under this Policy

A grievance complaint may be filed pursuant to an action by an employee that is alleged by the student to be:

1. An unauthorized, unjustified, or unethical action(s) which adversely affects the status, rights, or privileges of the student;
2. The arbitrary, capricious, and/or unequal application of official campus policies or procedures.
3. Actions Not Grievable Under this Policy
   1. Faculty grading decisions or other evaluation of academic performance (refer to Student Academic Grade Grievance Policy and Procedure (FAM 803.65) or contact Academic Success and Undergraduate Advising (ASUA) or Graduate Studies, as appropriate, for assistance);
   2. Academic probation, disqualification or other academic decisions by a department, college or the university (contact the Department Chair or Dean of the College, or Academic Success and Undergraduate Advising (ASUA) or Graduate Studies, as appropriate, for complaints involving other academic decisions);
   3. Discrimination complaints and other forms of illegal harassment (refer to the CSU Nondiscrimination Policy or contact the Office of Institutional Equity and Compliance to address complaints involving Discrimination, Harassment or Retaliation by an employee);
   4. 4. University student conduct allegations, including academic dishonesty allegations, and related discipline processes or outcomes, including hearing decisions;
   5.  Allegations of unprofessional conduct by faculty or staff (refer to Human Resources – Employee and Labor Relations and/or Faculty Affairs and Development, as appropriate, to address concerns of this nature);
   6. Parking citations (refer to Parking Enforcement Appeal Process  to contest a citation);
   7. Debt to the university;
   8. Retaliation (refer to CSU Nondiscrimination Policy or contact the Office of Institutional Equity and Compliance to address complaints involving Discrimination, Harassment or Retaliation complaint by an employee);
   9. Contents of materials contained in a student's university records (contact the Office of the Registrar or refer to University Policies and Procedures for Student Records Administration for campus policies concerning challenging the content of student records or expungement of records, in compliance with the Family Educational Rights and Privacy Act of 1974 (20 U.S.C. 1232g));
   10. Actions or practices of the university which are governed by CSU system-wide requirements, i.e., student fees;
   11. Student appeals relating to financial aid decisions about satisfactory academic progress, or state or federal rules and regulations (refer to Financial Aid & Scholarships Office for appeals process);
   12. Frivolous reports which appear to abuse the process or seek retaliation.

Article IV. Procedure for Handling Non-Academic Grievances by Students Against CSUSB Employees

This Article sets forth the procedures that govern the Non-Academic Grievance Process by students against employees. This procedure provides students a process alleged actions by a CSUSB employee that are believed to have adversely affected their status, rights or privileges. Students who are considering filing a complaint may seek assistance from the Associate Vice President and Dean of Students or the Associate Dean of Students/Director for Student Conduct, under the direction of the Vice President for Student Affairs. If the appropriate administrator, acting on behalf of the Campus, determines that the allegation(s) are outside the scope of this policy, the administrator shall promptly notify the Student in writing.

A. Grievances Against CSUSB Employees - Informal Resolution

Students who believe that their status, rights or privileges have been adversely affected by an action of a CSUSB employee(s) may request that the Informal Resolution process be initiated prior to/or instead of filing a formal grievance.

Upon receipt of a student's informal concern(s), the student or the person who received the concern shall contact the Associate Dean of Students and provide that individual with a description of the concern and the student's contact information.

During the Informal Resolution process, the University will attempt to resolve the student's concern(s) quickly and effectively. After receiving the student’s information, the Associate Vice President/Dean of Students or Associate Dean of Students or a designated administrator will meet with the student, the respondent, and any other person(s) or witness(es) determined to be necessary for a resolution of the matter, to review the allegations and any responses. Informal Resolution may take the form of a negotiated resolution facilitated by the Associate Vice President/Dean of Students or Associate Dean of Students or a designated administrator. At any time during the Informal Resolution process, the student may elect to terminate the process and proceed with Article IV of this policy. Both the student and the respondent will be expected to keep the details of the informal resolution process confidential until the process is concluded.

If resolution is reached by these informal means, a record of the resolution will be memorialized in a written document and signed by the student. Such documents will be maintained in accordance with applicable CSUSB recordkeeping policies by the Associate Dean of Students / Director of the Office of Student Conduct and Ethical Developmenton behalf of the Office of the Vice President for Student Affairs. The matter will be considered closed and the student will be precluded from subsequently filing a formal grievance or appeal on the same incident under this policy.

If resolution is not reached by these informal means, the student will be informed about how to file a formal grievance pursuant to Article IV.B. of this policy. 

The University may determine that circumstances warrant initiating an investigation even if a formal grievance is not filed and independent of the intent or wishes of the student. This does not impose a duty on the University to conduct an investigation any time informal resolution is sought. The investigation conducted by the campus in such a circumstance shall not be subject to Article V of this policy.

B.  Grievances Against CSUSB Employees - Formal Level

1. Filing a grievance. The student shall file a written grievance with the Associate Dean of Students, in care of the Office of Student Conduct and Ethical Development. The date of receipt shall establish the grievance filing date. If a grievance is submitted electronically while the University is closed, the date of receipt and grievance filing date will be considered the next working day.
2. Timeline for filing a grievance. To be timely, the student must file a grievance no later than twenty (20) working days after the end of the academic semester in which the most recently alleged act occurred.
3. Requirements of a Grievance. The student should complete the 'Student Non-Academic Grievance Complaint Form' via the online submission form using their campus email address for authentication. Or, in the alternative, the student shall submit a written signed statement containing the following information:
   1. The full name, student ID number, official university email address and telephone number(s) of the student; 
   2. The name of the respondent employee(s) of CSUSB and their position(s), if known;
   3. A clear, concise written statement of the facts that constitute the alleged act(s), including pertinent date(s) and sufficient information to identify any individuals who may provide information (e.g., potential witnesses) during the course of the investigation conducted under these procedures;
   4. A statement by the student verifying that the information supporting the allegations are true and accurate to the best of his/her knowledge;
   5. The term and year of the student's last active academic status;
   6. The full name, address and telephone number of the student's advisor, if any;
   7. Specific harm resulting from the alleged action;
   8. Specific remedy sought;
   9. The student's signature; and 
   10. The date of complaint submission.
4. Intake interview. After receiving the complaint, the Associate Dean/Director, Student Conduct and Ethical Development and Associate Vice President / Dean of Students and will confer and determine who will serve as the Appropriate Administrator/Fact Finder. (The Appropriate Administrator may be the Associate Vice President / Dean of Students, Associate Dean, or another designated administrator). An interview with the student shall occur as soon as possible with the designated Appropriate Administrator but no later than ten (10) working days after the student has submitted a formal grievance. Students must make themselves available for this meeting. 
   1. Acquaint the student with the investigation procedure and timelines, if not already done.
   2. Inform the student of his/her rights (including having an advisor,) if not already done.
   3. Inform the student they may elect to resolve the matter via Informal Resolution, if that did not already occur prior to submitting the grievance complaint. This should be documented for the file.
   4. Request the student to complete and sign a formal grievance form, if not already done. 
   5. Conduct the initial intake interview.
5. Advisor. The student may elect to have an advisor accompany him/her to any meeting(s) and/or interview(s) with the University regarding the grievance. The advisor may be an attorney. The advisor's role in such meetings and/or interviews is limited to observing and consulting with, and providing support to, the student. The Advisor may not speak on the student’s behalf.
6. Grievance Complaint Not Accepted for Investigation. The appropriate administrator will review all written Complaints and the information received during the intake interview with the student. If the appropriate administrator determines that the Complaint does not fall within the scope of this policy, the student will be notified during the Intake interview, or within 10 Working Days, that the Complaint has not been accepted for investigation and will identify any alternative resources that may be available to the student.
7. Grievance Complaint Accepted for Investigation. If the appropriate administrator determines that the complaint falls within the scope of this policy, they will notify the Associate Dean and Associate Vice President/Dean of Students. At this time, if either the Associate Vice President/Dean of Students or the Associate Dean of Students conducted the intake, they may continue or assign a different administrator to serve as the Appropriate Administrator/Fact-Finder.
8. Disclosures Regarding Grievance. Only those persons with a legitimate need to know will be apprised of the filing of and disposition of a grievance. Those persons may include, but are not necessarily limited to, appropriate organizational unit administrators (Deans, Chairs, Department Heads, Directors, Vice Presidents, and University Counsel) if their involvement is necessary to ensure that retaliatory action does not occur during or after the fact-finding process, and/or to effectuate corrective actions or remedies.
9. Fact Finding Process. The Appropriate Administrator will gather sufficient information from relevant sources to establish whether or not the grievance claim has merit and can be substantiated using the preponderance of evidence standard. Upon inquiry or during the course of the fact-finding process, the student shall be advised of the status of the the grievance inquiry. The fact-finding process shall be completed no later than ninety (90) working days after the intake interview, unless the timeline has been extended pursuant to Article V, Section E or F of this policy. The timeline for the fact-finding process shall not be extended pursuant to Article V, Section E or F for a period longer than an additional thirty (30) working days from the original due date. The Appropriate Administrator/Fact-Finder will meet with the student, the respondent, and any other person(s) or witness(es) determined to be necessary in determining findings of fact relevant to the allegations.
10. Fact-Finding Reveals Unprofessional Conduct or Related Concerns. If at any time during the investigation the Appropriate Administrator determines that there are allegations or evidence that may suggest that unprofessional conduct or a violation of university policy on the part of a university employee may have occurred, the matter shall immediately be referred to Human Resources, Faculty Affairs and Development, or the Office of Institutional Equity and Compliance for review. 

During the meeting, the Appropriate Administrator will: 

1. If it is determined that possible unprofessional conduct or other university policy violation on the part of an employee may have occurred, the Student Non-Academic Grievance Process will be discontinued, and the matter will be referred for investigation by Human Resources-Employee Relations, the Office of Institutional Equity and Compliance, under appropriate University policies. Any corrective action or discipline shall be administered in accordance with the applicable collective bargaining agreement for represented employees or the relevant campus procedures for non-represented employees, including auxiliary employees. If the Vice President determines that the findings constitute Other Behavior of Concern, the Vice President shall coordinate with Human Resources and/or Faculty Affairs and Development to ensure that appropriate steps are taken consistent with campus policy and procedures. 
2. If it is determined that the matter does not rise to the level of a possible violation of campus policies, the Investigator will resume the investigation of the student’s grievance. 
3. Report of Findings of Fact and Conclusions. Within the fact-finding period stated above, the Appropriate Administrator will make findings of fact and conclusions regarding the allegations and will prepare a report describing disputed and non-disputed facts and a determination about whether the claim was sufficiently substantiated. The preponderance of the evidence is the applicable standard for demonstrating pursuant to the grievance claim. In order to establish a fact, the Appropriate Administrator must find that its existence is more probable than its non-existence: i.e., that it is more likely than not to exist. The fact-finding report should include a summary of the allegations, a summary of the disputed and undisputed facts considered, a determination of whether the allegations were found to be substantiated, and a rationale for this determination using a preponderance of the evidence standard. The report should also specify whether the finding would be classified as other conduct of concern (OCC). The fact-finding report will then be submitted to the Associate Dean and Associate Vice President /Dean of Students (if not already serving as the Appropriate Administrator), who will ensure it is provided to the appropriate Vice President or designee.
4. Notices of Finding to the Student. The appropriate Vice President shall provide the student with an acknowledgement of the outcome of the Fact-Finding Process and their response on behalf of the campus within ten (10) working days of completing the report. The notification should include a summary of the allegations, a description of the fact-finding process, a summary of the facts considered, a determination of whether the allegations were found to be substantiated, and a rationale for this determination using a preponderance of the evidence standard. The decision of the Vice President is final.
5. Notice of Finding to the Respondent. In addition to the above notification, a separate notification shall be provided to the respondent(s), indicating whether or not the allegations at the Formal Level were substantiated.
6. Resolution of Findings. If the Vice President determines that the findings of the fact-finding process constitute unprofessional conduct, the matter shall be referred to Human Resources for review. Any corrective action or discipline shall be administered in accordance with the applicable collective bargaining agreement for represented employees or the relevant campus procedures for non-represented employees, including auxiliary employees. If the Vice President determines that the findings constitute Other Conduct of Concern, the Vice President shall coordinate with Human Resources and/or Faculty Affairs and Development to ensure that appropriate steps are taken consistent with campus policy and procedures.

Article V. General Provisions for Fact-Finding/Reviews of a Grievance Against CSUSB Employees

1. The person who serves as the Appropriate Administrator and conducts the fact-finding/review process under this policy at the Formal Level may be the Associate Vice President/Dean of Students, or the Associate Dean of Students, or another Management Personnel Plan employee, or an external consultant, provided the fact-finder is not within the administrative control or authority of the respondent. All fact-finding/reviews under this policy shall be conducted impartially and in good faith.
2. Students and CSUSB employees are required to cooperate with the fact-finding/review, including but not limited to attending meetings, being forthright and honest during the process, and keeping confidential the existence and details of the fact-finding/review.     If a grievant and/or respondent refuses to cooperate, the Appropriate Administrator may draw all reasonable inferences and conclusions on the basis of all available evidence and conclude the fact-finding/review.
3. A student must proceed with a grievance in good faith. A student who knowingly and intentionally files a false grievance, abuses this policy, or files a malicious or frivolous grievance may be subject to discipline. Discipline shall be taken in accordance with Section 41301, Title 5, California Code of Regulations. Such disciplinary action shall not be deemed to be retaliation under this policy.
4. Both the student and the respondent shall have the right to identify witnesses and other evidence for consideration; however, the investigator shall decide which witnesses and evidence are relevant and significant to the issues raised.
5. If the student, the respondent, a witness, the Appropriate Administrator/fact-finder, or other necessary person involved in the grievance process is unavailable because of any reason deemed to be legitimate by the Appropriate Administrator, the timelines in this policy will be automatically adjusted according to the period of absence. The student will receive written notification of the period of extension.
6. When submitting a grievance or issuing a response, the student’s official campus email address shall be used, unless circumstances call for an accommodation using alternate methods. Official responses will be sent via secure or encrypted email and copies of all relevant documents will be maintained by the Office of Student Conduct & Ethical Development. If personal delivery is used, a signature acknowledging the calendar date of delivery shall be obtained which will establish the date of filing or response. If certified mail delivery is used, the postmark shall establish the date of response or filing.