Keith Mack
Many universities have outlined policies and procedures for students to file grievances. For example, Syracuse University encourages students to resolve complaints within the university, at the school/college or department level. Similarly, Pepperdine University has a Non-Academic Student Grievance Procedure that allows students to address complaints in a prompt, fair, consistent, and objective manner. This procedure is applicable to non-academic student grievances filed by a student against faculty, staff, or any non-student third party. However, it is important to note that this policy does not cover grievances filed against another student, which are addressed in the Reporting Misconduct section of the Student Code of Conduct. Additionally, universities like the University of Arkansas have a Title IX Grievance Procedure that ensures impartiality and confidentiality during the process.
| Characteristics | Values |
|---|---|
| Can you file a grievance against a law student? | No, not at Pepperdine University. |
| Who can you file a grievance against? | Faculty, staff, or non-student third parties. |
| What can you file a grievance for? | Discrimination, harassment, or violation of the Code of Student Conduct. |
| How can you file a grievance? | Orally or in writing. |
| Where can you file a grievance? | At the department, school, or college level. |
| When can you file a grievance? | As soon as possible after the incident. |
| Who can help with the grievance process? | The University Ombuds page, the Title IX Coordinator, or the Higher Learning Commission. |
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What You'll Learn
Discrimination or harassment
Discrimination and harassment are unacceptable behaviours that can have severe consequences for victims. If you believe that you or someone else has experienced discrimination or harassment, you can file a grievance or a complaint.
In the context of law students, there are several options for reporting and addressing these issues. Firstly, it is important to understand the specific nature of the discrimination or harassment. This can include, but is not limited to, discrimination or harassment based on race, colour, national origin, disability status, sex, religion, familial status, or other protected characteristics.
Once you have identified the specific type of discrimination or harassment, you can explore the available avenues for filing a grievance. One option is to contact the Civil Rights Division of the Department of Justice. They enforce federal laws that protect individuals from discrimination based on the previously mentioned characteristics. You can submit a report using their online form, and they will help determine the next steps, which may include mediation, investigation, or directing you to another organisation for further assistance.
Another option is to reach out to the Office for Civil Rights (OCR) within the Department of Education. The OCR has the authority to investigate complaints of discrimination and retaliation in educational institutions. This includes law schools and universities. You can file a complaint with the OCR without the need for an attorney, and they will evaluate, investigate, and resolve the complaint.
Additionally, if the discrimination or harassment is occurring within a university setting, many universities have their own Discrimination and Harassment Grievance Procedures. These procedures outline the steps for university students, employees, and applicants to seek appropriate action and address any misconduct by university employees. The university may assign a Process Facilitator to assist the complainant in understanding the information required to file a formal complaint and guide them through the investigation process.
It is important to note that there are time limitations for filing complaints. In most cases, a complaint must be filed within 180 days of the last act of discrimination or harassment. However, this may vary depending on the specific organisation and the nature of the complaint, so it is essential to review the relevant guidelines for the chosen avenue of reporting.
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Informal resolution
At New York University School of Law (NYU), students have the option to pursue informal or formal measures to address their concerns. NYU's informal resolution process allows students to initiate the process through various means, such as email, phone call, or an in-person meeting with the Dean of Students or members of the Office of Student Affairs and the Office of Graduate Affairs. The Assistant Dean for Diversity and Inclusion, the Inclusion and Diversity Committee, and other administrative offices are also available resources for students to discuss issues related to bias, discrimination, inclusion, and belonging. NYU's informal measures aim to provide an institutional response tailored to the nature of the concern and the needs of the individuals involved.
Additionally, at Pepperdine University, students are encouraged to first discuss their concerns informally with the person against whom they have a grievance and seek a mutual resolution. This step is not mandatory but is encouraged as the university believes that most grievances can be effectively resolved at this level. If a complaint is not satisfactorily resolved internally, students may then proceed to file a formal complaint.
It is important to note that informal resolution processes may vary across different universities and institutions. While informal measures offer a collaborative and flexible approach to addressing concerns, they also uphold the principles of privacy and confidentiality for all parties involved.
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Non-academic student grievance procedure
A non-academic student grievance procedure is a formal process that allows students to address complaints or disputes that do not fall within the scope of academic or other specific grievance processes. This procedure is designed to provide a fair and consistent mechanism for students to seek resolution against the university or its employees. It is important to note that this procedure is separate from academic grievance processes, which typically handle concerns related to grades, academic integrity, or academic decisions.
The non-academic student grievance procedure is applicable in situations where a student feels unfairly treated by the university or its representatives, including potential discrimination, harassment, or other violations of university policies. It is designed to address individual decisions or actions that directly affect the student in their capacity as a student. This procedure ensures that students have a platform to voice their concerns and seek appropriate remedies.
At institutions like Stanford University, the non-academic student grievance procedure is available to both undergraduate and graduate students. It is important to note that this procedure generally does not apply to grievances filed against other students; instead, students are directed to refer to the “Reporting Misconduct” section of the “Student Code of Conduct”. Additionally, complaints regarding sexual misconduct or sexual harassment are typically governed by a separate “Sexual Misconduct Policy”.
When initiating a non-academic student grievance, students are usually encouraged to first attempt an informal resolution by discussing the matter with the concerned party to seek a mutual agreement. If this is not possible or unsuccessful, the student can proceed with a formal grievance. The complaint must be submitted in writing, specifying the university policy, procedure, or norm that has been violated, along with relevant factual details and supporting documentation. The university may provide assistance to students with disabilities who need help in drafting their complaints.
The grievance officer, typically an associate dean, will review the complaint and investigate the matter. During the investigation, the university may take supportive measures to maintain confidentiality and provide necessary assistance to the complainant and respondent. If discrimination or harassment is found, remedial actions will be implemented to prevent recurrence and ensure accountability. Throughout the process, the university prioritises fairness, objectivity, and the protection of all involved parties.
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Criminal activity on campus
If you have witnessed or been the victim of criminal activity on campus, you can file a report or complaint. Syracuse University, for example, asks students to call the Department of Public Safety or visit their Report a Crime page for more information.
At Fort Valley State University, cases of misconduct that do not result in suspension or expulsion are referred to the Student Court. The University also outlines that any student who believes a grievance has not been resolved satisfactorily can appeal the outcome to the President of the University. This appeal must be in writing and signed within five days of receiving the decision.
If you wish to file a grievance against a law student, you can do so by following the academic institution's internal processes. For example, at Pepperdine University, students must first communicate their concerns orally and then in writing before any review or action takes place. The complaint should specify the University policy that was violated and provide all relevant details and supporting documentation.
If a complaint is not resolved satisfactorily internally, students can file a complaint with an external agency. For instance, students at Syracuse University can file a complaint with the New York State Education Department (NYSED), which oversees higher education in New York. Students can also file a complaint with the University's accrediting agency, the Middle States Commission on Higher Education. The Commission reviews complaints about matters related to the quality of the institution or its academic programs.
Additionally, students can contact the Higher Learning Commission (HLC) to express their concerns about colleges and universities. The HLC reviews complaints that indicate potential concerns regarding an institution's ability to meet HLC requirements. However, it is expected that individuals first try to resolve personal issues through the institution's grievance procedures.
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Sexual discrimination or harassment
If you are facing sexual discrimination or harassment from a law student, you have the right to file a grievance or complaint. Here are the steps you can take:
- Report the Incident: You can report the incident to the appropriate authorities within your educational institution, such as the Title IX coordinator or a designated official responsible for handling such complaints. The Title IX coordinator is responsible for coordinating the school's efforts to comply with and carry out its Title IX responsibilities. They should be monitoring compliance, investigating incidents, and responding to them.
- Utilize the Grievance Procedure: Your educational institution should have a grievance procedure in place to address violations of its policy against discrimination, including sexual harassment. Familiarize yourself with this procedure and follow the steps outlined by your institution. The procedure will likely involve an investigation into your complaint and a resolution process.
- File a Complaint: You can choose to file a formal complaint with your educational institution, initiating their internal grievance process. You are not required to be the direct victim of sexual harassment to file a complaint. Any third party with knowledge of the discrimination may file a complaint on behalf of another person or group. However, if you are filing on behalf of someone else, you may need to secure their written consent.
- Complain to the Office for Civil Rights (OCR): In addition to or separately from filing a complaint with your educational institution, you can file a complaint with the OCR. The OCR is the federal agency responsible for ensuring that schools comply with Title IX and other federal civil rights laws. You can find electronic complaint forms on the OCR's website, and there is no requirement to have an attorney to file a complaint. However, it is generally recommended to consult with an attorney to understand your legal rights and options.
- Legal Action: If you wish to pursue legal action, you can file a private lawsuit under Title IX, regardless of whether you have filed a complaint with the school or the OCR. Keep in mind that there may be statute of limitations restrictions for filing a private lawsuit, which can vary from state to state.
It is important to note that the specific procedures and policies may vary depending on your educational institution and location. Always refer to your institution's handbook, website, or relevant office for the most accurate and up-to-date information. Additionally, if you feel unsafe or believe you are in immediate danger, do not hesitate to contact the appropriate authorities or seek help from a trusted source.
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Frequently asked questions
Yes, you can file a grievance against a law student. However, the process may vary depending on the university and the nature of the grievance. For example, at Pepperdine University, there is a separate procedure for filing grievances against another student, which is outlined in the "Reporting Misconduct" section of the "Student Code of Conduct." It's important to review the specific policies and procedures of your university to understand the appropriate steps to take.
Common reasons for filing a grievance against a law student can include allegations of discrimination, harassment, or violations of university policies or the student code of conduct. Each university will have its own definitions and procedures for handling these types of grievances.
The process for filing a grievance typically begins at the department, school, or college level within the university. Many universities encourage students to first attempt an informal resolution by directly discussing the matter with the other party. If this is unsuccessful, a formal written complaint can be submitted, specifying the university policy that was violated and providing relevant factual details and supporting documentation. The university will then review the complaint and determine the appropriate course of action, which may include an investigation, disciplinary action, or other corrective measures.
