Complaints, Grievances, and Appeals Policy

The Complaint, Appeal and Grievance Policies and Procedures are designed to support and foster a fair, objective, respectful and ethical set of policies and procedures for resolution of disputes. The policies and procedures provide students with a process that protects the University community, including students, faculty and staff.

Complaints regarding discrimination, harassment, sex-based discrimination, or retaliation must contact the Title IX Coordinator found under the Statement of Non-Discrimination.

Definitions

Complaint: The subject of a complaint is normally an action, decision or omission within the control or responsibility of the University’s faculty or staff that causes a student to feel that policies have been incorrectly interpreted. A complaint is often resolved informally or through mediation.

Grievance: A grievance is normally an allegation based on specific facts that there has been a misinterpretation, discriminatory application, or violation of a University Policy or Procedure, and may result in disciplinary action against a faculty member, staff member, or student. It may also be a complaint that failed to reach resolution after informal processes have been attempted. Admissions decisions, graduation appeals and similar academic decisions are not grievable issues, unless they are complaints of a civil rights nature, including complaints related to age, sex, race, religion, creed, color, ethnic/national origin, ancestry, physical or mental disability, pregnancy, genetic background, marital status, sexual orientation, gender identity, veteran status, or other personal characteristic protected by applicable local, state or federal law.

Appeals: United States University recognizes two types of appeals.

  1. USU recognizes the right of every student to challenge and/or appeal a final course grade if they believe an error in calculating the grade or inconsistent application of grading criteria  has occurred. See Grade Appeal procedure below.
  2. Students who have been academically dismissed for failure to meet Satisfactory Academic Progress standards (SAP) may file an appeal if they believe University policy or procedures were not followed or if there were extenuating circumstances that impacted their academic performance. Extenuating circumstances may include but are not limited to the death of a relative, an injury or illness of the student, or emergency care for an immediate family member. See SAP appeal procedure below.

Overview of Procedures

The name of a complainant/grievant and all details with respect to the complaint and its resolution will be maintained in a confidential file in the Office of the Registrar. All such information will be kept confidential, provided however that such information may be disclosed when administratively required, required to complete the investigation, and/or required by legal compulsion, or when the University believes it is obligated to report the matter to employers or potential employers, educational institution or agencies seeking information as to the complainant or to otherwise take independent formal action. In cases of academic dishonesty (see page 3 discussing violations of the student code of conduct), the Dean or Program Director/Lead may consult with the instructor in finalizing the academic actions that may be taken. The University may post or describe specific conduct complaints and their resolutions, as long as individuals’ names are redacted from any such posting or communication.

Procedures for Resolution

Complaint procedure : Students with complaints should first strive to resolve the issue informally. Informal resolution should begin no more than 20 business days after the incident or service. For example, students with complaints relating to classroom issues should follow these steps:

  1. Discuss the issue with their instructor. Both the student and the faculty member work to resolve the issue at this level.

  2. If resolution does not occur at the instructor level, unresolved complaints should be submitted in writing to the Dean or Program Director/Lead for the program of enrollment.

  3. If the complaint is not resolved at the Director/Dean level, the unresolved complaint becomes a grievance and the Grievance Procedure (see below) will be followed.

Likewise, students with complaints regarding the unequal application of a University policy should strive to resolve the issue informally as described above, first bringing the matter to the attention of their Enrollment Advisor in the case of Admissions policies, and their New Student or Academic Advisor once enrolled. Unresolved complaints should then be submitted to the advising director, and if unresolved at that level, the complaint becomes a grievance and the steps below will be followed.

Grievance Procedure: The intent of the grievance procedure is to resolve a dispute over significant issues, not minor disagreements. Examples include but are not limited to alleged violations of academic freedom; a repeated pattern of harassment or other inappropriate behavior; and legally prohibited unequal treatment including but not limited to discrimination or harassment on the basis of age, sex, race, religion, creed, color, ethnic/national origin, ancestry, physical or mental disability, pregnancy, genetic background, marital status, sexual orientation, gender identity, veteran status, or other personal characteristic protected by applicable local, state or federal law only if such discrimination or harassment falls outside the scope of Title IX. If the issue involves Title IX prohibited conduct, the grievance will be referred to the Title IX Coordinator who will follow the Title IX Grievance Process. The Title IX Coordinator may refer issues that fall outside the scope of Title IX to the Provost to determine if it should follow the Grievance Procedure. 

Procedure:

  1. A student must submit the grievance in writing in detail to the Office of the Provost and include all pertinent information within 45 business days after attempting to follow the Complaint Procedure. Such information must include the informal steps taken to resolve the issue, with all steps fully documented as to the person(s) with whom the student met, date, results of the meeting(s) and materials presented during the informal resolution stage. The student must be specific as to the issue being grieved, citing the example(s) of treatment leading to the grievance.

  2. The Office of the Provost will review the grievance within five (5) working days, requesting additional information from the grievant, if necessary. The Provost provides all relevant information and documents submitted to the Grievance Committee that shall include at a minimum two faculty members not from the student’s program of enrollment and one administrator not to include the Program Director/Dean of the student’s program of enrollment, the Provost, or the President.

  3. The Grievance Committee will have a minimum of 30 business days from receipt of the grievance from the Provost to review the grievance, obtain further information from members of the University who may have knowledge of the situation and the grievant, and make a determination as to grievance resolution, providing its recommendation to the Provost.

  4. The Provost will have five (5) business days to provide the University’s response to the grievant.

University decisions regarding grievance resolution are final. Should a student feel that the University has not adequately addressed a grievance, the student may consider contacting external agencies such as:

WASC, Senior College and University Commission (WSCUC)

985 Atlantic Avenue, Suite 100

Alameda, CA 94501

510-748-9001

www.wascsenior.org

Arizona State Board for Private Postsecondary Education

Arizona Students: 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 1740 W. Adams, Ste. 3008, Phoenix, AZ 85007, phone 602-542-5709, website address: www.ppse.az.gov.

California Bureau for Private Postsecondary Education (BPPE)

A student or any member of the public may file a complaint about this institution with the Bureau for Private Postsecondary Education by calling 888-370-7589 or by completing a complaint form, which can be obtained on the bureau's Web site www.bppe.ca.gov.

California Board of Registered Nursing (BRN)

If a nursing student does not feel that the University has adequately addressed a complaint or concern, the student may consider contacting the following respective agency:

1747 North Market Boulevard, Suite 150

Sacramento, CA 95834

916-322-3350

www.rn.ca.gov.

Georgia Nonpublic Postsecondary Education Commission (GNEP)

Student in the State of Georgia may appeal any final decisions made by the University to:

Georgia Nonpublic Postsecondary Education Commission

East Exchange Place, Suite 220

Tucker, GA 30084-5305

770-414-3300

https://gnpec.georgia.gov/student-resources/complaints-against-institution.

 

Iowa Department of Education's Bureau of Iowa College Aid

400 E. 14th Street

De Moines, IA 50319

Student Complaint Page: https://educate.iowa.gov/higher-ed/student-complaints

 

Kansas Board of Regents

1000 SW Jackson, Ste. 520

Topeka, KS 6612

785-430-4240

https://www.kansasregents.org/academic_affairs/private_out_of_state/complaint_process

New Mexico Higher Education Department

A student in the State of New Mexico may file a complaint by contacting the New Mexico Higher Education Department. Pursuant to New Mexico Code 5.99.1.15.A, no adverse action shall be taken against the complainant for registering the complaint.

New Mexico Higher Education Department

2044 Galisteo Street, Suite 4

Santa Fe, NM 87505

505-476-8400

Email: private.schools@state.nm.us

Web Site: www.hed.state.nm.us

The Licensure Division of the University of North Carolina System Office

A student in the State of North Carolina may file a complaint with the System Office:

North Carolina Post-Secondary Education Complaints

c/o Student Complaints

University of North Carolina System Office

223 S. West Street, Suite 1800

Chapel Hill, NC 27603

919-962-4550

Email: studentcomplaints@northcarolina.edu

Web Site: http://www.northcarolina.edu/complaints

Appeals Processes:

Grade Appeals: Faculty members are vested with the authority to establish course requirements and standards of performance; they are expected to articulate and communicate these at the beginning of each course and apply all grading criteria uniformly and in a timely manner. Final grades submitted by faculty to the Office of the Registrar are presumed to be accurate and final.

The University recognizes the right of every student to challenge or appeal a final grade. A student who has questions about a grade received for a course should seek to resolve the issue by first consulting with the instructor. If the issue has not been resolved after consultation, and the student believes there are grounds for appealing the grade, the student is required to follow the procedures below for formal challenges and requests for grade changes. Grounds for appeal can be made when students can provide documentation for one or more of the following:

  • An error in calculating the grade

  • Inconsistent application of grading criteria

Procedure: When students believe that they have grounds for appealing a grade issued by an instructor because of an occurrence of one or more of the circumstances, the following procedures must be followed:

  1. The student must submit an Appeal Form available from their Academic Advisor within 30 days of grade submission for the course. The appeal must include supporting documentation that demonstrates the occurrence of one or more of the above-mentioned grounds. Documentation may be in the form of e-mail correspondence, graded assignments, proof of timely submission, etc. The Appeal Form and supporting documentation must be submitted to the Dean or Program Director/Lead.

  2. If the evidence meets the criteria, the Dean or Program Director/Lead will request a response from the instructor, due within 5 working days of receipt.

  3. The Dean or Program Director/Lead will render a decision within 10 working days of receiving the grade appeal. Formal notification of the Dean or Program Director/Lead’s decision will be sent to the student and Office of the Registrar. The Faculty will be notified in the event that any material change in the grade. The decision in such cases is final.

Satisfactory Academic Progress (SAP) Appeals: It is the student’s responsibility to ensure they have met the terms and conditions of filing a SAP appeal (as defined above) and follow the appeals process in order for the appeal to be reviewed.

  1. The student should complete and submit the Appeal Form, obtained from their Academic Advisor, within 30 calendar days from the date notification of dismissal was sent to the student. The appeal must include

    1. an explanation of why the student is submitting an appeal,

    2. explanation of the mitigating circumstances as to why the student failed to meet SAP standards during the warning/probationary period,

    3. documentation supporting the appeal,

    4. a detailed action plan addressing how these circumstances no longer pose an issue to the student’s success and what the student will do to meet SAP standards moving forward.

  2. Once received, the Registrar will review the appeal and will appoint a committee, including but not limited to the student’s college faculty, program director/lead, advisors, student accounts office to review and make recommendations. The student will receive a response from the Registrar within 15 business days (excluding holidays).