Grievance Procedure

Procedures for Reporting Student Grievances (Academic and Non-Academic)

Students may file a grievance in response to any perceived infringement of their rights, whether the perceived infringement is of their rights according to federal law, their rights as students according to College policies, or simply their personal rights to fair and humane treatment. Prescott College is committed to handling all grievances in a prompt and equitable manner.

Grievances fall into two categories: academic and nonacademic.
• Academic grievances might include conflicts over course evaluations, learning contracts, or grades, but could concern any academic matter in which a student believes he/she has been treated unfairly or unreasonably. Students who believe they have grounds for an academic grievance should contact the Dean of the Limited-Residency Programs.
• Nonacademic grievances might concern any instance of perceived mistreatment. Examples include, but are not limited to, sexual harassment or discrimination based on race, age, disability, sexual preference, or any other unprofessional and/or illegal conduct on the part of a College community member. Students who believe they have grounds for a nonacademic grievance should contact either the Dean of the Limited-Residency Programs or the Associate Dean for Student Success and Library Services.

Academic Grievance Procedures
A student who believes his/her academic efforts have not been justly evaluated has the right to be heard. The problem may be the result of exchanges with the instructor, occurrences within the class, or the content of a written evaluation. All grievances should be initiated within the semester the alleged violation occurred. The following are the steps to take:

1. A student who is unsure whether his/her grievance falls under this description should consult with the Dean of the Limited-Residency Programs.
2. Once it is determined that the grievance is academic in nature, every effort should be made to resolve the problem informally. To accomplish this, the student is encouraged to talk directly with the faculty member or mentor. (In exceptional circumstances where a dispute cannot or should not be addressed informally, this step may be omitted.)
3. If informal efforts are unsatisfactory or unsuccessful, a formal grievance may be filed with the Dean of the Limited-Residency Programs. The grievance should be in writing and should include the name of the respondent and a description of the specific incident(s) forming the basis of the grievance, an outline of the informal steps taken to resolve the matter, and reference to the desired outcome(s) if appropriate. The formal grievance should be presented no later than 30 days after the student has knowledge of the problem.
4. The complainant has a right to present witnesses or testimony if they so choose.
5. The dean will investigate and decide how the problem should be resolved and will render a decision in a written summary to the student and the relevant faculty member or mentor.
6. The dean’s decision may be appealed in writing to Paul Burkhardt, the Provost, who will make a ruling within 15 days of receipt of the appeal.
7. If the complaint cannot be resolved after exhausting the institution’s grievance procedure, the student may file a complaint with the Arizona State Board for Private Postsecondary Education. The student must contact the State Board for further details. The State Board address is 1400 W. Washington Street, Room 260, Phoenix, AZ 85007, phone # 602-542-5709, website address: www.azppse.gov

Nonacademic Grievance Procedures
Non-academic grievances fall into 2 categories: I) general non-academic grievances and II) sexual harassment grievances, which include sexual violence. Title IX regulations cover sexual harassment/sexual violence.

I. General Non-Academic Grievance:

1. A student who is unsure whether his/her grievance falls under the non-academic description should consult with the Dean of the Limited-Residency Programs, or the Associate Dean for Student Success and Library Services. For issues dealing with sexual harassment, the student should follow the Sexual Harassment Grievance procedure. Once it is determined the grievance is nonacademic in nature, every effort should be made to resolve the problem informally. (If for any reason a dispute cannot or should not be addressed informally, this step may be omitted.)
2. If informal efforts are unsatisfactory or inappropriate, a formal grievance can be filed with the Associate Dean for Student Success and Library Services. The grievance must be in writing and must include the name of the respondent and a description of the specific incident(s) concerning the grievance, an outline of the informal steps taken to resolve the matter, and the reference to the desired outcome(s) if appropriate. The formal grievance should be filed within 30 days after the student has knowledge of the problem.
3. The associate dean, in consultation with the On-Campus Bachelor of Arts Program dean and/or another appropriate College official(s) will determine if an investigation is appropriate.
4. Any investigation will be conducted by the Associate Dean for Student Success and Library Services; he may include other relevant College officials in the process.
5. The complainant has a right to present witnesses or testimony if they so choose.
6. Based on the investigation, the associate dean will render a decision in a written summary sent to both parties.
7. The student may appeal this decision to Kristin Woolever, the President, who will make a ruling within 15 days of receipt of the appeal. This ends the College appeals process.
8. If the complaint cannot be resolved after exhausting the institution’s grievance procedure, the student may file a complaint with  the Arizona State Board for Private Postsecondary Education. The student must contact the State Board for further details. The State Board address is 1400 W. Washington Street, Room 260, Phoenix, AZ 85007, phone # 602-542-5709, website address: Arizona State Board for Private Postsecondary Education

II. Sexual Harassment Grievance  

A member of the community who believes that he or she may have been the victim of sexual harassment or sexual violence should consult with one of the sexual harassment officers (listed below) or officially file a complaint. The College will respond to any report or complaint, formal or informal, of sexual harassment in a prompt and equitable manner. Allegations of sexual harassment must be made in good faith. It is prohibited to knowingly make false or malicious complaints.

Legally, if the College knows or reasonably should know about possible sexual harassment or sexual violence, it must promptly investigate to determine what occurred and then take appropriate steps to resolve the situation, and prevent it from reoccurring.

Filing a Report of Sexual Harassment

A member of the community who believes that he or she may have been the victim of sexual harassment or sexual violence should consult with, or file a complaint with Lisa Lundberg, the Title IX Coordinator, or one of the sexual harassment deputy coordinators (listed below). The College will respond to any report or complaint, formal or informal, of sexual harassment in a prompt and equitable manner. Allegations of sexual harassment must be made in good faith. The following administrators serve as deputy sexual harassment officers:

• Academic Dean(s)
• Associate Dean(s)
• Risk Management Officer(s)
• Co-Directors of Human Resources
• Housing Director

The Title IX Coordinator, or one of the deputy coordinators, will be responsible for taking the report, asking questions of clarification, and may take notes. Together, they will explore the options available for resolving the matter. If the College knows about possible sexual harassment or sexual violence, it will promptly investigate to determine what occurred and then take appropriate steps to resolve the situation, even if the alleged victim does not want to file a complaint or does not request that the College take any action upon their behalf. The individual also has the right to file a criminal complaint. The College’s investigation will be completely separate from any criminal investigation. It is possible that, due to the “preponderance of evidence” clause mandated by Title IX regulations (April 2011), there could be different outcomes from the different investigations.

Rights of Complainant

Every complainant of sexual harassment has the following rights:

• The right to a prompt and equitable resolution
• The right to present his or her case. This includes the right to adequate, reliable, and impartial investigation of complaints and the right to have an equal opportunity to present witnesses and other evidence.
• The right to file a criminal complaint.
• The right not to be retaliated against for bringing forward a complaint (this also includes any witnesses or participants).
• The right for the complaint to be decided using a preponderance of the evidence standard (i.e., it is more likely than not that sexual harassment or violence occurred).
• The right to end any informal process at any time and begin the formal stage of the complaint process. Mediation is not appropriate in cases involving allegations of sexual assault.
• The right to be notified, in writing, of the outcome of the complaint. The Clery Act requires that both parties be informed of the outcome, including sanction information, of any institutional proceeding alleging a sex offense.
• The right to appeal the verdict. Appeals will be directed to the Kristin Woolever, the President.
• Individuals with complaints of this nature also always have the right to file a formal complaint with the United States Department Education: Office for Civil Rights (OCR), 400 Maryland Avenue, SW, Washington, DC 20202-1100, Customer Service Hotline #: (800) 421-3481, Email: OCR@ed.gov

Rights of Accused

Anyone accused of sexual misconduct will have the following rights:

• The right to a prompt and equitable resolution.
• The right to present his or her case in response to the accusations.  This includes the right to adequate, reliable, and impartial investigation of the complaint(s) and the right to have an equal opportunity to present witnesses and other evidence.
• The right for the complaint to be decided using a preponderance of evidence.
• The right to be notified, in writing, of the outcome of the complaint.  The Clery Act requires that both parties be informed of the outcome, including sanction information of any institutional proceeding alleging a sex offense.
• The right to appeal the verdict directly to the President.

Filing a Complaint of Sexual Harassment

Members of the community who believe that they have experienced sexual harassment (as prohibited by Policy 802.0 Section VIII) should report this conduct immediately to the Title IX Coordinator, Lisa Lundberg, or to one of the sexual harassment officers listed above. Ideally, a report would be filed within 30 days of the incident. However, Prescott College is sensitive to the emotional components of sexual harassment and will allow a reasonable time frame.

Once notified of the alleged incident, Prescott College will investigate in an equitable and timely manner. The time it will take to reach an outcome from the College’s investigation will vary depending upon the complexity of the incident(s). However, a typical resolution should be determined within 60 days of the first filing of the report.

The following procedure will be used to respond to a complaint of harassment:

1. A student who is unsure whether his/her grievance falls under sexual harassment should consult with the Title IX Coordinator or the Associate Dean for Student Success and Library Services. Once it is determined the grievance is nonacademic in nature and relates to sexual harassment, every effort should be made to resolve the problem informally if it is appropriate.
2. If informal efforts are unsatisfactory or inappropriate, a formal grievance can be filed with the Associate Dean for Student Success and Library Services. The grievance must be in writing and must include the name of the respondent and a description of the specific incident(s) concerning the grievance, an outline of the informal steps taken to resolve the matter, and the reference to the desired outcome(s) if appropriate. The formal grievance should be filed within 30 days after the student has knowledge of the problem. When necessary, a sexual harassment officer can take the statement and prepare a written copy.
3. The associate dean, in consultation with the On-Campus Bachelor of Arts Program dean and/or another appropriate College official(s) will determine if an investigation is appropriate.
4. Any investigation will be conducted by the Associate Dean for Student Success and Library Services; he may include other relevant College officials in the process. It is the responsibility of the College to conduct a fair, equitable, and timely investigation.
5. The complainant has a right to present witnesses or testimony if they so choose.
6. Based on the investigation, the associate dean will render a decision in a written summary sent to both parties. If the complaint is found to be valid, appropriate disciplinary action will be taken. No retaliation will be taken against any member of the community reporting suspected harassment in good faith.
7. The student may appeal this decision to Kristin Woolever, the President, who will make a ruling within 15 days of receipt of the appeal. This ends the College appeals process.
8. If the complaint cannot be resolved after exhausting the institution’s grievance procedure, the student may file a complaint with the United States Department Education: Office for Civil Rights (OCR), 400 Maryland Avenue, SW, Washington, DC 20202-1100, Customer Service Hotline #: (800) 421-3481, Email: OCR@ed.gov

Confidentiality

Certain information concerning sexual harassment will need to be disclosed to be in compliance with The Clery Act and Title IX. Nevertheless, the College shall protect the confidentiality of the identities of and statements made by individuals (parties and witnesses) involved in a report of sexual harassment to the extent permitted by law and to the extent that continued protection does not interfere with the College’s ability to fully investigate allegations of misconduct brought to its attention and to take corrective action. Information will be disclosed strictly on a need to know basis to select employees.