General Rules
A grievance must be initiated within 45 regular semester days of the date of
origin of the grievance. The grievance procedure must be completed within 60
regular semester days of the receipt of the written complaint by the Student
Affairs Committee.
Complaints are required to proceed through the Grievance Procedure in order
beginning with Step 1. Complainants must represent themselves (i. e., be
present) at any and all levels of grievance resolution. All results at any level
must be put in writing with a copy to the Associate Director for Student
Services and the Student Affairs Committee. All infractions of local, state or
federal statutes will be handled by the appropriate government authorities, but
may also fall within the University grievance category.
The composition of the Student Affairs Committee may vary from branch to branch
but must comprise representatives of the student, faculty and staff population.A.
Student vs. Faculty or Staff
Step 1. The student or
complainant should first attempt direct resolution of a grievance in person
with the party with whom there is a grievance. It is expected that in a
university community, both parties should be able to resolve the grievance
in a manner satisfactory to each at this level. The complainant shall be
given the right to due process with impartiality. It the grievance is not
resolved, the procedure detailed below should be followed.
Step 2. The student or complainant must register the
complaint in writing with the party against whom he/she has the grievance
specifying a time period (at least seven calendar days) within which a reply
is expected in writing. The complainant must show proof of a dispute by
filing a copy of the correspondence with the Student Affairs Committee. If
the involved parties do not resolve the grievance at this level they should
proceed to Step 3.
Step 3. If the dispute is not resolved in Step 2, the
student shall state the complaint in writing to the appropriate department
or division chairperson, with a copy to the Student Affairs Committee, for
disposition of the dispute.
Step 4. If the dispute is not resolved in Step 3, the
student shall state the complaint in writing to the Associate Director for
Instruction and Student Affairs Committee, if the dispute is against
faculty. If the dispute is against staff, the complaint should be forwarded
to the Associate Director for Student Services and the Student Affairs
Committee.
Step 5. If the dispute is not resolved to the student’s
satisfaction, a formal hearing will be held before the Student Affairs
Committee with the instructor/staff and student each presenting his/her
case. The hearing shall be conducted as a rudimentary adversarial process in
that both parties shall have the right to present their case, present
evidence (both written and oral) and/or witnesses, and the opportunity to
object to or rebut any evidence presented. The Student Affairs Committee
will present its recommendation in writing to the student, the instructor or
staff member, the chairperson of the department (division and the Associate
Director for Instruction within seven calendar days following the hearing.
Step 6. The student or faculty/staff member may accept the
Student Affairs committee's recommendation or may appeal to the Campus
Director in writing within seven calendar days after the receipt of the
Committee's recommendation. The Director will present a recommendation in
writing within seven calendar days. (However, if the grievance is against
the Director, the appeal should be made to the Vice President for Academic
Affairs who must review and rule on the appeal within seven calendar days.)
Step 7. The final avenue for appeal and resolution of a
grievance should the Director or Vice President's recommendation, be
unacceptable, is the Ad Hoc Grievance Committee at the UNM Main Campus. The
composition of this committee shall be as follows. The Vice President for
Student Affairs (or designee), the Coordinator of Academic Programs and a
branch director (however, not the director of the branch producing the
grievance).
The Ad Hoc Committee will determine whether or
not the appeal should be heard based on the merits of the case. Should the
Committee choose not to hear the case, the findings of the Director or Vice
President shall be final. Should the Committee choose to hear the case, their
findings shall be final.
B. Student vs. Student
Step 1. The complainant
should first attempt direct resolution of a grievance in person with the
party with whom there is a grievance. It is expected that in a university
community, both parties should be able to resolve the grievance in a manner
satisfactory to each at this level. If the grievance is not resolved, the
complainant shall be given the right due process without prejudice.
Step 2. The complainant must register the complaint in
writing with the party against whom he/she has the grievance specifying a
time period (at least one calendar week) within which a reply is expected in
writing. The complainant must show proof of a dispute by filing a copy of
the correspondence with the Student Affairs Committee for impartial
evaluation. If the involved parties do not resolve their grievance at this
level they should proceed to Step 3.
Step 3. If the dispute is not resolved in Step 2, the
student shall state the complaint in writing to the Associate Director for
Student Services and the Student Affairs Committee who will attempt to
mediate a solution.
Step 4. If the dispute is not resolved to the student’s
satisfaction, a formal hearing will be held before the Student Affairs
Committee with each student presenting his/her case. The hearing shall be
conducted as a rudimentary adversarial process in that both parties shall
have the right to present their case, have evidence presented (both written
and oral) and/or witnesses and the opportunity to object to or rebut any
evidence presented. The Student Affairs Committee will present its
recommendation to the student within seven calendar days.
Step 5. The students may accept the Student Affairs
Committee's recommendation or may appeal to the Campus Director in writing
within seven calendar days after the receipt of the Committee's
recommendation. The Director will present a recommendation in writing within
seven calendar days.
Step 6. The final avenue for appeal and resolution of a
grievance, should the Director's recommendation be unacceptable, is the Ad
Hoc Grievance Committee at the Main Campus. The composition of this
committee shall be as follows: the Vice President for Student Affairs (or
designee), the Coordinator of Academic Programs and a branch director
(however, not the director of the branch producing the grievance).
Step 7. The Ad Hoc Committee will determine whether or not
the appeal should be heard based on the merits of the case.
Should the Committee choose to hear the case, their findings shall be final.
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