STUDENT GRIEVANCE PROCEDURES
It is the policy of California State University, Sacramento, to comply with the Section 504 Regulations adopted by the Department of Health and Human Services. Accordingly, any student who believes that there has been a violation of the regulations is encouraged to discuss the matter with the campus 504 Coordinator or with the Dean of Students. If such discussion does not resolve the matter, the student may then initiate a grievance. The 504 Coordinator shall inform the grievant of his/her right to file a grievance directly with the Office of Civil Rights, Department of Justice, in lieu of or in addition to filing under university grievance procedures.
APPLICATION
This procedure shall apply to:
1. persons who have gained admission to the campus in a student capacity;
2. persons who are considered continuing students pursuant to campus regulations;
3. persons who were students at the time the alleged event occurred.
TIME LIMITS
The 504 Coordinator will not accept a grievance in which the allegations are based on events that occurred more than 180 calendar days prior to the date the complaint was filed, if the grievant knew of or should have known of the occurrence of such event. If the grievant did not know, or should not have known of the event when it occurred, the 180 calendar days shall begin to run as of the date the grievant knew of or should have known of the occurrence of the event, provided that in no circumstance will an allegation be reviewed if it arises out of events that occurred more than one year prior to the date the complaint was
filed.
All time periods specified herein may be extended by written agreement of the grievant and the President.
DEFINITIONS
For purposes of these procedures, the following definitions shall control the interpretation of the terms set out below:
1. Section 504 Regulations
Section 504 Regulations are the administrative regulations adopted by the Department of Health and Human Services pursuant to Section 504 of the Rehabilitation Act of 1973. The regulations are found in Part 84 of Title 45 of the Code of Federal Regulations, effective date June 3, 1977.
2. Student
Student means a person who has gained admission to the campus. Student also means a person who is considered a continuing student pursuant to campus regulations or was a student at the time the alleged event occurred.
3. Admission
Admission means selection for full-time or part-time regular, special, extension, external, associate, transfer, exchange, or any other enrollment, membership, or matriculation in or at any educational program or activity of the campus.
4. Grievance
Grievance means a complaint filed by one or more grievants which alleges a violation of one or more provisions of the Section 504 Regulations.
5. Grievant
Grievant means a student who alleges that he or she is personally wronged as a result of an alleged violation of the Section 504 Regulations.
6. President
President means the President or acting President of the campus or such persons as the President may designate to act for the President.
7. Respondent
Respondent means a person alleged to be responsible, or who may be responsible for the Section 504 Regulation violation alleged in a grievance. The term may be used to designate persons with direct responsibility for a particular action or those persons with supervisory responsibility for procedures and policies in those areas covered in the grievance.
8. 504 Coordinator
504 Coordinator means the Director of Equal Opportunity/Affirmative Action or acting Director of Equal Opportunity/Affirmative Action of the campus or such persons as the 504 Coordinator may designate to act for the 504 Coordinator. This person will coordinate the campus efforts to comply with Section 504 Regulations.
GRIEVANCE
The Section 504 Regulations Student Grievance Form can be obtained from the 504 Coordinator or from the Dean of Students. A grievance is initiated by completing and filing the form with the 504 Coordinator. The 504 Coordinator may assist the grievant in completing the form, but shall not serve as an advocate for the grievant.
Upon receipt of the completed form, the 504 Coordinator will verify that the grievant is a student, that the grievance was timely filed and that the respondent is identified. Within five instructional working days, the 504 Coordinator will notify the grievant that (a) the grievance was rejected, stating the reasons, or that (b) the grievance was accepted. If the grievance was accepted, the 504 Coordinator will forward a copy of the grievance to the grievant, to the respondent, and to the President.
Within ten instructional working days after receipt of the grievance copy, the respondent shall submit a written grievance answer to the 504 Coordinator. This answer shall (1) confirm or deny each fact alleged in the grievance; (2) indicate the extent to which the grievance has merit; and (3) indicated acceptance or rejection of any desired relief requested by the grievant or propose an alternative relief. Copies of the response will be forwarded to the grievant by the 504 Coordinator.
If the grievance answer confirms the facts alleged by the grievant and accepts the relief requested or proposes an alternative relief acceptable to the grievant, the 504 Coordinator shall terminate the grievance upon the written agreement of the grievant and the respondent. If no agreement can be reached, the 504 Coordinator shall initiate the selection of a Grievance Committee to review the complaint and the response to the complaint. The Grievance Committee shall consist of five members -- two faculty, two students, and one staff. The committee shall be selected from a fifteen-person grievance panel composed of six faculty, six students, and three staff. Selection of faculty members shall follow grievance and disciplinary action panel procedures. Selection of staff members shall follow grievance and disciplinary staff action panel selection procedures. Selection of student members will be by the Student Senate.
Members of the panel will be chosen at the beginning of each academic year for a period of one year. Members of the panel will receive a minimum of two hours of instruction in Section 504 Regulations. The grievant and the respondent shall each have the right to excuse without cause as many as two persons from those selected (preemptory challenges). Each may challenge for cause any of the persons selected and any person selected may ask to be disqualified for cause.
Challenges for cause or excuses, if any, shall be exercised by the close of the second instructional working day following the day of selection. The 504 Coordinator shall rule on all disqualifications for cause, and shall grant such disqualifications when it is made to appear probable that, by reason of bias or prejudice of a person selected, a fair and impartial grievance hearing could not otherwise be had.
Neither race, color, religion, sex, national origin, age, disability, nor membership in any organization shall constitute grounds for a challenge for cause.
In order to meet the two-day requirement for challenging for cause:
1. Challenges for cause, if any, shall be submitted in writing to the 504 Coordinator no later than 4:00 p.m. of the second instructional working day following the day of the initial selection.
2. If challenges for cause are submitted, the 504 Coordinator shall rule on the challenges no later than 4:00 p.m. of the second instructional working day following the day the challenges were received.
Within five instructional working days of the selection of the final Grievance Committee, the 504 Coordinator shall schedule a meeting of the committee. The Grievance Committee will elect its own chair, who will schedule all future meetings, notify participants, maintain records, and submit in writing to the President the findings and recommendations of the committee.
The Grievance Committee shall conduct an initial review of the grievance to determine if the complaint:
l. Alleges facts which, if true, would demonstrate a violation of the Section 504 Regulations
2. Contains allegations that appear to be substantially credible
3. Address a violation which, if it exists, results in a personal wrong to the grievant.
If the grievance does not meet all of these criteria, the Grievance Committee must terminate the grievance and notify the President, grievant, respondent, and 504 Coordinator of its decision.
If the grievance meets all of the above criteria, the Grievance Committee will notify the President, grievant, respondent, and 504 Coordinator of its decision to schedule a hearing. The grievant will notify the committee chair if the hearing is to be open to the public or closed. Present at the hearing will be the grievant and the grievant's advisor, if any; the respondent and the respondent's advisor, if any; any member of the campus community whom the Grievance Committee believes to be interested in the complaint; and the 504 Coordinator.
Within ten instructional working days after the hearing, the Grievance Committee will determine whether a violation of Section 504 Regulations has been demonstrated. If not, the Grievance Committee will notify the President, grievant, respondent and 504 Coordinator of the termination of the grievance. If it is decided that such a violation has been demonstrated, the Grievance Committee shall determine if the requested relief should be granted. If the Grievance Committee decides that some remedial action should be taken, they will make an appropriate recommendation to the President with a copy of the recommendation to the grievant, respondent and 504 Coordinator. Such relief need not be limited to that requested by the grievant and may include a change in campus policy.
The President may accept, reject, or modify the recommendation of the Grievance Committee, and the President's decision is final. The President will advise the grievant and all others involved of his or her decision. If the President determines that violation of the Section 504 Regulations exists but that the violation is a result of systemwide policy or other reasons beyond the control of the campus, the President will make an appropriate recommendation to the Chancellor.
HEARING PROCEDURES
1. Conduct
The Grievance Committee will make all rulings on relating to the conduct of the hearing, including:
a. Matters regarding admission of evidence.
b. The calling and questioning of witnesses.
c. Whether a tape recording of the hearing or notes of the hearing kept by the chair will
serve as the official record of the hearing. The grievant will be given a copy of the official
record of the hearing upon request, provided the campus is reimbursed for its expense in
providing the copy.
d. A majority of the Grievance Committee shall constitute a quorum. However, the quorum
must include one student and one faculty. The chair of the Grievance Committee will
maintain an orderly meeting and permit no person to be subjected to abusive treatment.
In this regard he or she may eject or exclude any person who refuses to be orderly.
2. Access to Campus Records
The Grievance Committee, upon request of the grievant, the respondent, or any interested person, may obtain copies of all campus records which are relevant to the complaint and which may lawfully be released by the campus. The Grievance Committee will refuse to obtain such records if they determine that the burden of producing them outweighs the probative value of the records.
3. Legal Advice
The Grievance Committee may on the basis of their own need, or at the request of the grievant, the respondent, or any interested person, request legal advice from the Office of General Counsel.
4. Representation
Both the grievant and the respondent may have an advisor. If at any time the grievant or the respondent designates an attorney as her/his advisor, the proceedings under this procedure shall be suspended for a reasonable period of time so that
