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Complaint and Grievance Procedures

 

Students with questions or concerns about interaction with other members of the EOU campus community should contact the Vice President for Student Affairs, in Inlow Hall, Room 206. Questions and concerns are often remedied through informal means, however if a student wishes to file a complaint or grievance under any of the following Categories they must follow the instructions listed below.

 

The procedures listed below apply to:

Category 3: Procedures Pertaining to Acts of Prohibited Discrimination
Category 4: Grievances Pertaining to Courses and Grades
Category 5: Grievance By Students Pertaining to the Satisfaction of
Graduation Requirements, Academic Probation, or
Academic Suspension
Category 6: Procedures for Complaints or Grievances Pertaining to
Non-Academic Matters Not Specifically Provided for
Elsewhere in Institution Policies and Procedures

Introduction

Eastern Oregon University publishes all rules, policies, and procedures in operation of services offered by Eastern Oregon University. The procedures listed below provide students with necessary steps to follow if they believe their rights have been violated.

 

Definition of Terms
Complainant: An individual who believes his/her rights have been violated.

Grievance: A written statement setting forth the factual basis of alleged violations. Grievance Counselor: An impartial person who acts as a resource to the individual(s) who believe their rights have been violated.

Informal Complaint: A complaint made verbally to the Grievance Counselor or the University Compliance Officer.

Offender: A person who is being accused of an alleged violation.

Affirmative Action Officer: The person who receives informal and formal complaints of violations of the prohibited laws, policies, and procedures.

The Grievance Counselor is an impartial individual, appointed by the President to assist students in formulating and following up on alleged violations of laws, policies and/or procedures. The Grievance Counselor serves as a resource for the person making an allegation and acts as a mediator. The Grievance Counselor can facilitate discussion between parties named in a complaint. Students are encouraged to use the services of the Grievance Counselor. Please contact the Office of Student Affairs by calling 541-962-3635 for the name and contact information of the Grievance Counselor.

 

What To Include in a Written Grievance

  1. Date filed
  2. Complainant’s name
  3. Names of other involved parties (if any)
  4. Date incident occurred
  5. Factual statement of incident
  6. Name of the offender (if any)
  7. Reference the law, policy, or procedure allegedly violated
  8. Date(s) and action taken to resolve grievance
  9. Outcome or action sought by the complainant
  10. Signature of the complainant
  11. Signature of the person receiving the complaint

 

Category 3: Procedures Pertaining to Acts of Prohibited Discrimination

Eastern Oregon University prohibits harassment including sexual harassment and discrimination in any of its educational, social, and professional development programs. A full description can be found under Oregon Administrative Rules (ORA) 580-015-0010 through 580-015-0160 and Oregon Revised Statues 659A.850 and 659A.855. The following procedures apply to prohibited harassment including sexual harassment and discrimination. This procedure is not available for claims of discrimination in employment, promotion, tenure, or termination, except student employment.

 

Procedure for Reporting Discrimination

  1. The complainant accesses the services of the Grievance Counselor who can help them to formulate the complaint.
  2. Formal Grievances must be filed and brought to the attention of the Affirmative Action Officer within (180) days, (365 days for sexual harassment) of the date of incident. The University will protect the confidentiality of the complainant, however confidentiality cannot be guaranteed at the formal grievance stage.
  3. If the grievance is not submitted in writing the Affirmative Action Officer will advise the complainant to formulate the grievance in writing to include all information outlined above section: “What To Include in a Written Grievance”. The Affirmative Action Officer will review the written grievance for all mandatory information and secure contact information of all parties involved.
  4. Upon receipt of a formal written grievance, the Affirmative Action Officer promptly distributes copies of the grievance to the University President, to the individual named in the grievance as the offender, and to the Chancellor of the Oregon University System (OUS).
  5. The Affirmative Action Officer must maintain a copy of the complaint for records retention and ensure the complainant understands fully that his/her confidentiality cannot be guaranteed at this stage.

 

Exemption from Reprimand or Retaliatory Action 580-015-0095

Oregon Administrative Rules (OAR) 580-015-0010 through 580-015-0160 prohibits reprimand or retaliatory action against any individual who files a grievance or otherwise participates in any of the actions of a grievance.

 

Procedures for Investigation of Formal Grievances

  1. Upon receipt of a written formal grievance, the President of the University appoints an Eastern Oregon University faculty member to conduct an investigation of the incident. This individual will contact the complainant and any other parties involved in the incident and interview them. Detailed notes will be kept of the interview(s) to ensure an accurate accounting of the incident from all persons involved.
  2. The investigator must complete the investigation and submit a report of their findings to the President within 30 days. The report shall include a summary of the incident, notes from the interviews, the investigators recommendations and corrective action if necessary. The President of the university will make a decision based upon the report and any other pertinent information about the incident.
  3. The institution may request an extension of 30 days to complete an investigation of a formal grievance. The investigation shall not to exceed 60 days. The request for an extension must be submitted and approved by the Oregon University System (OUS) Chancellor.
  4. If the complainant is not satisfied with the outcome of the report, or no report is made within the specified time line, the complainant may request a hearing. The request must be submitted in writing and state the grounds upon which the complainant deems the report unsatisfactory. This request is submitted to the Affirmative Action Officer who forwards it to the OUS Chancellor. Upon receipt the Chancellor may order a hearing.
  5. Upon a review of the report and other pertinent information provided, the OUS Chancellor shall exercise his/her discretionary power regarding the holding of a hearing. The Chancellor may declare the action of the University as satisfactory and deny the request for a hearing. On the other hand, the Chancellor may determine the University’s investigation as unsatisfactory by failure to take appropriate corrective action, or failure to make reports on complaints within the specified time frame allowed. The Chancellor’s decision is final.
  6. Whenever in the judgment of the Chancellor, the institution fails to make a report within the 30-day period, or 60-day period (if an extension was requested and approved), fails to conduct a satisfactory investigation, or fails to take corrective action, the Chancellor may imitate his/her own investigation of the compliant. For information regarding appeals to the Chancellor and subsequent hearing procedures, refer to Oregon Administrative Rules 35.040-35.085.
  7. If the investigator’s report finds a violation of any State and/or Federal law, Oregon Administrative Rules and/or Revised Statutes, or Eastern Oregon University polices and procedures, the President of the University forwards the investigator’s report and his/her decision to the OUS Chancellor, to the complainant, and to the Affirmative Action Officer.

 

Category 4: Grievances Pertaining to Courses and Grading

The assignment of course grades are at the heart of the faculty member’s responsibility. Only the responsible faculty member can judge students’ performance in a particular course. Thus, only the responsible faculty member can assign or recommend changes of letter grades (A, B, C, D, F) for their courses.

In pursuing a resolution to complaints under Category 4, the complainant, prior to any grievance action, must attempt to obtain a satisfactory resolution informally from the individual instructor.

 

Step One

If a complaint has not been resolved between the faculty member and student, the student may refer the matter to the Dean of the School responsible for the course in question. This must occur within one regular term or the term in which the grade was assigned. At this step a written statement of grievance is not required. The Dean of the School shall seek to resolve the matter and will report a decision or resolution to the student within 15 calendar days.

If at that point the student feels that the matter has not been satisfactorily resolved, it may be resubmitted to the Dean as a written grievance.

The Dean shall investigate the grievance either directly or by referring it to the School’s Grievance Committee for recommendation.

If the Dean investigates the grievance directly, the Dean will forward a written report to the student and to the President of the University within 15 calendar days of receipt of the grievance.

 

Step Two

If the Dean refers the issue to the School Grievance Committee for a recommendation, the Committee will conduct an informal fact-finding hearing and within 10 calendar days after the close of the hearing will submit a finding of facts and a recommendation in writing to the School Dean. In regard to course grades, the Committee may recommend that the grade stand, or that the course and grade be expunged from the student’s transcript, or that a letter grade be changed to an S or U depending on which is appropriate based upon the letter grade submitted by the instructor. The Committee may also recommend to the Dean that the instructor make appropriate changes in course requirements, grading procedures or grading practices. Within five days after the receipt of the recommendation from the Committee, the School Dean will issue a decision on the grievance. Copies of the decision will be sent to the grievant and to the respondent. In any case where the Dean decides that a course and grade shall be expunged from the student’s transcript, a recommendation with rationale shall be forwarded by the School Dean to the Vice President for Academic Affairs who will make a final decision to be reported in writing to all parties.

 

Proceedings of Fact-Finding Hearing by a School Grievance Committee

  1. Within 10 calendar days of the receipt of the grievance document, the Committee will forward a copy of the grievance document to the respondent and will notify both the grievant and the respondent of the time and place of the opening session. The hearing will begin seven calendar days after the date of notice and no more than 21 calendar days after receipt of the document by the Committee.
  1. Both the grievant and respondent may be represented by anyone of his or her choice, at their own expense and may present pertinent written evidence or have witnesses present pertinent facts on their behalf.
  2. The fact-finding hearing will be informal. No formal minutes will be taken nor will evidence be maintained in files.
  3. The Committee itself will determine which member shall preside over the hearing. A quorum of 2/3 of the Committee members must be present to conduct the hearing.
  4. Members of the Committee may ask pertinent questions of either party in the spirit of revealing all facts about the matter and arriving at an equitable solution.
  5. If subsequent sessions of the hearing are necessary, the time and place of the next sessions will be established prior to the adjournment of the session if possible.

 

Category 5: Grievances by Students Pertaining to the Satisfaction of Graduation Requirements, Academic Probation, or Academic Suspension

Step One

The University’s Academic Standards Committee should be contacted for any appeals of decisions regarding graduation requirements, academic probation, or academic suspension. The Academic Standards Committee has regular procedures for appeals of such decisions.

 

Step Two

In the event that students are dissatisfied with the decision of the Academic Standards Committee, the students may request that the Academic Standards Committee hold a formal hearing using the rules described for “Proceedings of a Formal Hearing Before the Assembly Grievance Committee.”

  1. Within 15 calendar days of receipt of the decision of the Academic Standards Committee under Step 1 the student must file a formal “Statement of Grievance” form with the chair of the Academic Standards Committee.
  2. The formal hearing will be held by the Academic Standards Committee within 30 calendar days of receipt of the “Statement of Grievance” except that the period from June 16 through September 15 shall not be included as part of he calendar since they are not normal parts of the academic year.
  3. Within 15 calendar days of the adjournment of the hearing, the chair of the Academic Standards Committee shall report in writing to the student and to the President of the University the Committee’s decision.

 

Category 6: Procedures for Complaints or Grievances Pertaining to Non-Academic Matters Not Specifically Provided for Elsewhere in Institution Policies and Procedures

In pursuing a resolution to complaints in Category 6, the complainant, prior to any grievances action, must attempt to obtain a satisfactory resolution informally from the individual.

In the event the complaint is not settled informally, the complainant must contact the University Grievance Counselor before further steps can be taken. In consultation with the Grievance Counselor the grievant shall determine whether a written grievance will be filed. The Grievance Counselor may assist the grievant with the grievance statement and the following procedures. The Grievance Counselor may also act as a mediator to help bring about a resolution during the informal steps of the procedures.

 

Step One

If a complaint has not been resolved between the individuals involved, and after consulting with the Grievance Counselor, the grievant decides to file a grievance, the grievance must be submitted in writing by the grievant or his representative to the Director or administrator of the unit in which the alleged violation of rights occurred. The written grievance must be submitted within 60 days after the alleged violation of rights occurred.

The Director or unit administrator receiving the written grievance, or his designated representative, shall attempt to resolve the matter and report the decision, in writing, to the complainant within 15 days of receipt of the grievance.

 

Step Two

In the event the grievance is not settled in Step One, an appeal must be presented in writing by the grievant or his representative to the chairperson of the Assembly Grievance Committee within 15 calendar days after the decision from Step One is received or is due. The Grievance Counselor may assist the grievant in preparing the appeal or other procedural matters.

The deadline for filing grievances in this category which occur during the summer session, when Assembly committees are not available, may be extended if agreeable to the complainant, or the President may appoint a special committee, on a case-by-case basis, upon petition by the Grievance Counselor. The appointed committee shall include as many regular members as possible.

The appeal of a grievance may be heard by either the student subcommittee, the faculty subcommittee, or the full Assembly Grievance Committee. It is the decision of the grievant as to which group will hear the appeal.

The subcommittee or the full Assembly Grievance Committee, as requested by the grievant, shall have a formal hearing of the grievance according to the procedures presented in “Proceedings of a Formal Hearing Before the Assembly Grievance Committee.”

Within 15 calendar days of the close of the formal hearing the committee shall make a statement of the finding of facts, conclusions, and decision based upon the hearing record.

Copies of these statements will be sent to the complainant, the respondent, the President of the University, and one copy to a grievance file maintained by the Assembly Grievance Committee.

 

Step Three

In the event a satisfactory resolution is not received at Step Two, the grievant may appeal the decision to the President of the University or his designee for review. Such appeals must be presented in writing to the President within 15 days after the decision from Step Two is received or is due. Within 15 days of receipt of the request for review, the President or his designee will give a written decision to the complainant and the respondent. The President’s decision is final.

 

Proceedings of a Formal Hearing Before the Assembly Grievance Committee

  1. The subcommittee or the full Assembly Grievance Committee chosen by the grievant shall ascertain the time most convenient for a hearing and shall give all parties at least 15 calendar days written notice of the time, place and nature of the hearing. The time for notice may be shortened or extended by stipulation of all parties.
  2. The hearing may be open to the public at the option of the grievant and to the extent allowed by law. The grievant must request an open hearing in writing to the chairperson of the Committee with a copy to the respondent. The request must be made at the time the grievance is submitted to the Assembly Grievance Committee. The Committee shall decide whether the hearing can be open.
  3. The complainant and respondent must present to the committee a list of the names and addresses of witnesses who have been requested to appear at least five days prior to the hearing.
  4. The committee itself shall determine which members shall preside over the hearing. A quorum of ¾ of either subcommittee or 2/3 of the full Assembly Grievance Committee must be present to conduct the hearing.
  5. Either party to the proceedings may request a member of the committee be disqualified because of bias. This request must be submitted in writing to the chairperson of the Committee no less than 7 calendar days before the scheduled hearing. Disqualification requests will be ruled upon by the Committee.
  6. Any member of the committee may withdraw from the proceedings because of personal bias.
  7. The President of the University will appoint the number of replacements required to make a quorum.
  8. Each party shall receive a complete record of the hearing.
  9. The complainant and the respondent may be represented by counsel at their own expense.
  10. The committee shall not be bound to follow court procedures or rules of evidence. At the hearing, the committee shall receive the testimony of witnesses and other evidence concerning any disputed facts.
  11. The complainant and the respondent have the rights to appear, to participate in the hearing and present relevant evidence to the committee. They shall have the right to confront and cross-examine all witnesses and shall be given reasonable opportunity to submit rebuttal testimony or other evidence.
  12. At the conclusion of the testimony, the committee shall permit each side to make an oral summation. When the committee is satisfied that all pertinent and available evidence has been received, the hearing will be adjourned.