Filing a Student Grievance
At Caltech, the grievance process starts with a mediator and may involve
the Grievance Committee, as well. The mediator is responsible for assisting
the student to resolve the problem in an informal way. If the student is not
satisfied by these informal attempts at resolution, the mediator will refer
the grievance to the committee after receiving a written notice of appeal
from the student.
Step One: Informal Resolution
a. The first step is for the student to contact the mediator, unless the
grievance is against the mediator. In this case, the Chairperson of the
Grievance Committee will act as mediator.
b. Grievances should be submitted to the mediator promptly and in any
case within one year of the occurrence of the problem.
c. The mediator shall refer the grievant to the appropriate persons at
Caltech to try to work out the problem in an informal way. If appropriate,
the mediator will also initiate contacts to try to resolve the grievance.
The mediator will keep the student informed of developments during these
preliminary stages.
d. If the student is satisfied with the results of the informal efforts
at resolution, the mediator will close the case. If the grievant is not
satisfied with these results, the mediator will ask for written reports from
the persons to whom the student was referred. The mediator will give the
student a written summary of these reports. This should be done once the
mediator determines no resolution satisfactory to the student is likely but
at the latest within 21 days after the grievance is initially submitted to
the mediator.
Step Two: Formal Grievance Procedures
a. If the grievant remains dissatisfied with the results of the informal
efforts, he or she may appeal the case to the Grievance Committee by filing
a written notice of appeal with the mediator. This should be done within 7
calendar days after receiving the written report of the mediator. The
mediator will promptly submit the notice of appeal and all other relevant
written documents to the Chairperson of the Committee.
b. The Chairperson of the Committee will then provide copies of the
appeal and other relevant documents to each member of the Committee.
c. The Committee will convene at a time agreeable to the student and the
respondents as soon as possible after the Committee receives the notice of
appeal.
d. The grievant may request the presence of a fellow student or Institute
faculty or staff member (who is not an attorney or an officer of the
Institute) to assist in the presentation of the appeal. The respondents may
each bring a colleague, as well. The same limitations apply.
e. The student and the respondents in the grievance have the right to
hear all information presented orally to the Committee and receive all
relevant documents considered by the Committee.
f. The student and the respondents are permitted to present information
and relevant documents to the Committee. The Chairperson shall rule on the
reasonableness of the method and length of the presentation.
g. The student and the respondents may request the Chairperson to call
other persons to present information or to call for other relevant papers
and documents. Such requests will be granted if the Chair believes that the
presentation of additional witnesses or documents will not unnecessarily
prolong the hearing or pose an undue burden.
h. The student and the respondents are encouraged to submit written
questions to the Committee on information presented by witnesses and on
documents considered by the Committee. The student and the respondents may
also ask questions orally when authorized by the Chairperson. The
Chairperson will control the extent and manner of questioning.
i. The Committee, upon deliberating and reaching a conclusion, shall
present a summary of the issues, conclusions and recommendations for action
to the President of the Institute for final decision.
j. The grievant and the respondents are entitled to submit a written
statement or report on the Committee proceedings for inclusion in the file
of the case.
k. The decision of the President shall be made within fifteen working
days if possible and shall be final. The Chairperson of the Committee shall
inform all parties involved of the action taken.
The Mediator, the Committee and the Procedures
a. The President of the Institute shall appoint a mediator upon the
recommendation of the Vice President for Student Affairs. The mediator
should be a faculty or staff member experienced in dealing directly with
students.
b. The Grievance Committee shall consist of two members from each of the
following four categories: undergraduates, graduate students, faculty, and
administration. These members shall be appointed, with at least two
alternates from each category, respectively by the ASCIT Board of Directors,
the Graduate Student Council, the Chair of the Faculty, and the Vice
President for Student Affairs. In addition to these members, a Chairperson,
who shall be non-voting except in the case of a tie, shall be appointed by
the President of the Institute.
c. No member may serve on a case where he or she was in any way
personally involved. Members should excuse themselves if there is a conflict
of interest between themselves and either of the parties.
d. The grievant and the respondents are entitled to challenge one or more
members of the Committee with respect to impartiality. The Chairperson will
rule on such challenges. In addition, the grievant and the respondents shall
be entitled to challenge any one member peremptorily.
e. Members who are removed or disqualified, or are unable to serve, will
be replaced by the next alternate in the same category. No member of the
Committee shall be removed or replaced once Committee proceedings have
begun, except under unusual circumstances. The Chairperson will rule in such
matters.
f. The Chairperson of the Board of Control, the Chairperson of the
Graduate Review Board, the Deans of Students and Graduate Studies, and the
Institute General Counsel's Office shall be available for consultation by
the Committee, unless otherwise disqualified.
g. All proceedings of the Committee shall be conducted in private and
kept confidential, unless the grievant chooses to make any portion of the
case public. In this event, the Chairperson of the Committee is entitled,
upon consultation with the members of the Committee and, if a final decision
has been made, with the President, to respond to statements made by the
grievant. Such a reply would come only from the entire official body;
Committee members, witnesses, consultants and all others involved in the
proceeding would still be expected to respect the confidentiality of the
proceedings.
h. A quorum for a meeting and for voting shall consist of 6 voting
members. All votes shall be determined by a majority of those present and
voting.
i. Unless the Committee decides otherwise, no tape recordings or detailed
transcripts will be made of Committee meetings. However, a brief summary
will be made for the record which will be kept by the Vice President for
Student Affairs.
j. A grievant's waiver or failure to take advantage of any important
right (such as the right to be present and participate in a hearing) under
the grievance procedure shall be recorded.
|