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TYPES
OF GRIEVANCES
Introduction
Texas
A&M University-Kingsville is committed to providing an educational
climate that is conducive to the personal and professional development of
each individual. In order to ensure that commitment, the university has
developed procedures for students to pursue grievances within the
university community, should such action become necessary.
Definition
of a Grievance
A
grievance is a complaint about a concern, problem or issue other than a
disciplinary measure. (The appropriate response to a disciplinary measure,
which is deemed unfair or excessive, is an appeal, not a grievance.) A
student who has a disagreement or unresolved dissatisfaction with a
faculty or staff member, another student, student group or administrator
(hereafter known as the respondent) has the right to file a grievance
without prejudicing his or her status with the university. Grievances must
be based on a claimed violation of a university rule, policy or
established practice. Any student who brings a grievance has the burden of
proof and must provide documentation and evidence to support the
allegation. A grievance should normally be filed within 20 working days of
the incident or incidents. (Note: This policy does not limit the
university’s right to change rules, policies or practices.)
Academic
Grievances
Academic
grievances are complaints brought by students regarding the university’s
provision of education and academic services affecting their role as
students. Academic grievances can include but are not limited to the
following types of allegations:
1.
Errors in
calculations or recording of tests or other grades.
2.
Failure of
a faculty member to follow university policies in the conduct of classes
or examinations.
3.
Failure of
a faculty member to recognize properly an authorized excuse or absence.
4.
Capricious
or unreasonable arbitrary actions by a faculty member that adversely
affects student performance.
5.
Failure of
a faculty member to announce and/or provide in the course syllabus
teaching procedures, grading policies and the various requirements for
successful completion of the course; also substantial changes or
departures in announced policies without due notice and explanation.
6.
Discriminatory
action toward students within the classroom by a faculty member, e.g., by
singling out specific students for either preferential or adverse
treatment.
7.
Failure of
a faculty member to honor a specific commitment to a student concerning
completion of work delayed because of illness, accident or other justified
reason.
8.
Interpretation
of academic policies resulting in academic suspension and /or enrollment
blocks.
Nonacademic
Grievances
Nonacademic
grievances are complaints brought by students regarding a disagreement or
unresolved dissatisfaction with a faculty or staff member, another
student, student group or administrator (hereafter known as the
respondent). Nonacademic grievances can include but are not limited to the
following types of allegations:
A.
Due to their special nature, certain grievances are considered
nonacademic and handled by specially designated hearing bodies:
1.
Issues regarding sexual harassment refer to 34.01.99.K1.01- EEOC Officer.
(Office of Human Resources)
2.
Issues regarding student employment - Financial Aid.
3.
Issues regarding parking or traffic appeals - Student Traffic Appeals
Board.
4.
Issues regarding discrimination refer to 34.01.99.K1.01 - EEOC Officer.
(Office of Human Resources)
5.
Issues regarding financial assessments
by the university - Finance and Administration.
6.
Issues regarding services, accommodations or procedures not in compliance
with the Rehabilitation Act of 1973, Section 504 and the Americans with
Disabilities Act of 1990 (ADA) - Accessibility Compliance Committee
(Services For Students With Disabilities)
B.
B.
Other nonacademic grievances:
1. An alleged
infringement upon the rights or sensibilities of an individual by a
university employee, student or student organization.
2.
A 2 A question about the interpretation or application of an
administrative policy or procedure of the university
3.
An 3. An unresolved concern about a university program, service or
activity.
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