Grievance Committee Training

Offered by:

Dr. Mary Gallagher

Vice President of Administrative Services

Los Angeles Trade-Tech College

Introduction

The purpose of this training is to provide grievance committees with basic information on the grievance process. The goal is to provide a resolution process that is efficient and fair to all parties. It will also help Committees hear and decide grievances in a manner that ensures that their decisions will be upheld during appeal and/or presidential review.

Training Outline

Part 1: Grievance Structure Part 2: Roles of Respective Participants

Grievance Committee Members Grievance Committee Chair Grievant and Respondent

Part 3: Initial Grievance Committee Meeting Description, Responsibilities and Pre-Hearing

Part 4: Hearing of the Grievance Purpose and Composition

Training Outline

Part 5: Committee Deliberations Part 6: Writing the Decision Part 7: Appeal Process E-55 Forms Assessment Question & Answer Evaluation of Training

LACCD E-55 Grievance Procedures

The purpose of the E-55 Regulation is to provide a prompt and equitable means for resolving student(s) grievances. In the pursuit of academic goals, the student should be free of unfair or improper action by any member of the academic community. The grievance procedure may be initiated by one or more students who reasonably believe he/she/they have been subject to unjust action or denied rights involving their status or privileges as students.

Part 1: Grievance Structure A grievance involves:

Grievant(s) (the person(s) who files the complaint) Respondent(s) (the individual(s) responsible for the action that has resulted in

the grievance) Grievance Hearing Committee (consisting of one administrator, two faculty

members, and two students, who hear the grievance and makes a recommendation)

Committee Chair (the individual selected by committee members to preside over all meetings pertaining to the grievance matter)

Advocates (third party participant(s) who may attend pre-hearing and hearing) Ombudsperson (facilitator of the grievance process, and not an advocate for

either grievant or respondent) Appeals Committee (consists of Chief Instructional Officer, Chief Student

Services Officer, Academic Senate President (or designee), and one faculty member selected by the Academic Senate)

Part 1: Grievance Structure

The grievance procedure provides for a five (5) member Committee that hears and decides the grievance.

A non-voting Ombudsperson presides over the process to ensure it complies with procedure.

The grievance hearing consists of the following phases: Initial Meeting of Grievance Committee Pre-Hearing Conference Formal Hearing Deliberations Writing the Decision

Part 1: Grievance Structure

The grievant and respondent, the parties, are normally in an adversarial posture and the grievance procedure calls for certain exchanges of information between these parties. It is the Committee’s role to interact with the parties and ensure that the process followed is fundamentally fair to all parties and complies with State and District policy and procedures.

Part 2: Roles of Respective Participants

The Committee’s role is to determine whether the grievance presents a matter that is within jurisdiction of the grievance Committee, and if so, to hear the grievance.(E-55 Section 4(d) items 1-6)

The Grievance Committee acts as agent of the President of the College. As a result of their delegated authority, members of the Committee must at all times remain neutral to the parties of the grievance. (E-55 Section 6)

To be a fair and impartial decision maker, a Committee Member should keep an open mind and not presume either party to the grievance is right or wrong. (E-55 Section 6(f))

The Committee is responsible for making written findings of fact and recommendations with regard to the grievance. (E-55 Section 4(h))

The Committee’s authority is only to recommend a reassessment, and to suggest actions deemed necessary to correct the situation. These are then forwarded to College President for a final decision on the matter. (E-55 Section 4(h))

Grievance Committee Members

Part 2: Roles of Respective Participants

Pursuant to District Policy, Committee members have the following responsibilities:

Attend the initial orientation meeting, pre-conference hearing, and all scheduled hearing dates.

Make preliminary determinations about whether the grievant has presented a matter within the jurisdiction of the Grievance Committee or, if not, whether the grievant should be allowed to amend the grievance or if the grievance should be dismissed.

Carefully listen and review all testimony and documentary evidence presented.

Weigh the credibility of the evidence, make specific findings of fact and determine whether the grievant has substantiated the allegations.

Assist with findings for the written report of the Committee’s decision. Keep all matters pertaining to the grievance confidential and not participate in

any ex-parte communications on matters related to the grievance.

Part 2:Roles of Respective Participants

The Grievance Committee Chair is selected by the committee members. The Chair convenes and presides over all meetings. The Chair exercises control over all stages of the grievance hearing. The Chair provides information to Committee Members and participants

about the grievance process. The Chair makes procedural rulings regarding all stages of the hearing,

such as number of witnesses who may be called and length of each party’s presentation.

The Chair is responsible for ensuring the Committee’s work is completed in a timely manner.

The Chair is responsible for preparing a written report of the Committee’s findings and recommendations, and compiling the official record to the Ombudsperson for delivery to the College President.

Grievance Committee Chair

Part 2:Roles of Respective Participants

Grievant The grievance process is initiated

by a student who must file a written grievance petition (E-55 Form 1).

The petition must set forth the exact nature of the grievance, the identity of all parties against whom the grievance is filed, the grounds, and the redress sought.

No grievance may be entertained unless the grievance is filed in a timely manner.

The grievant bears the burden of proving grounds for the grievance, by a preponderance of evidence.

Respondent A grievance may only be brought

against an instructor who has rendered a decision adversely effecting a students academic capacity.

California Education Code Section 76224(a) states all grades determined by the instructor are final unless there is a mistake, fraud, bad faith, or incompetence on the part of the instructor.

The respondent is required to answer all committee requests for information in a timely manner.

Part 2: Roles of ParticipantsOmbudsperson

The role of the Ombudsperson is that of a facilitator of the grievance process, and not that of an advocate for either Grievant(s) or Respondent(s).

The Ombudsperson shall provide information to Grievant(s) and Respondent(s) concerning the grievance procedures at any stage in the grievance process.

The Ombudsperson may collect information, documents and records pertinent to the case.

The Ombudsperson may hold and facilitate meetings and discussions that may lead to a resolution of the grievance.

The Ombudsperson shall sit with the Grievance Hearing Committee and may answer questions upon request but shall not serve as a member or vote.

During the formal hearing stage, the Ombudsperson shall coordinate preparation and conduct of the Grievance Hearing.

The Ombudsperson shall ensure that the entire grievance process is conducted in an orderly, fair, and respectful manner. The Ombudsperson has the authority to exclude any individuals who fail to conduct themselves in an orderly, fair, or respectful manner.

Part 2: Roles of Participants Advocates

The grievance procedure permits each party to have an Advocate. E-55 Section 10 states the College President (or his/her designee)

shall annually establish a standing panel from which grievant Advocates can be selected.

It is recommended the panel consist of a minimum of three (3) students recommended by ASO, and three administrators/supervisors or staff selected by the College President (or his/her designee).

The Advocate will receive training on process, regulations, and procedures from the Ombudsperson.

The training shall take place prior to the Advocates assumption of the duties of the position.

Part 3: Initial Grievance Meeting Committee Members

The work of the Committee begins with an initial meeting of Committee members convened by the acting Ombudsperson.

The Ombudsperson will conduct a brief orientation to ensure that the members of the Committee are familiar with the grievance procedures, and that no member has any conflicts of interest.

The Committee will then review the grievance petition to determine whether the grievance is to go forward or be dismissed.

At this initial meeting the committee should select a Chair from its members. Once the matter has been reviewed, and the Chair selected, the Committee will then

render a fair and impartial decision on the matter based solely on the evidence before them. Does the grievance statement challenge a decision made by an instructor that is adverse to

the grievant? Was the grievance filed in a timely manner? Do the allegations, if true, constitute a grievance of mistake, fraud, bad faith, or

incompetence? Is the remedy requested by the Grievant appropriate for the act that is alleged? Is any additional information required to decide the grievance?

Part 3: Initial Grievance MeetingConflicts of Interest

According to E-55 regulation: “No person shall serve as a member of the Grievance

Hearing Committee if that person has been personally involved in any matter giving rise to the grievance,

Has made any public statement on the matters at issue, Or could otherwise not act in a fair manner.

The Grievant(s) or Respondent(s) may challenge for cause any member of the Grievance Hearing Committee prior to the beginning of the Hearing by addressing a challenge, in writing, to the Ombudsperson. (E-55 Section 6, Item (f)).

Part 3: Initial Committee MeetingForms

E-55 Form 3 After reviewing the jurisdictional matters

the Committee must make a decision and notify the parties using E-55, Form 3.

In the case of dismissing a grievance, the grievant may appeal an adverse decision, a written decision will be prepared in either event setting forth the reasons for the Committee’s decision.

In cases where the grievant has not stated a grievable matter, but the grievant has provided information that indicates that the grievant can do so with an amended grievance petition, the Committee may permit the amendment.

The Committee should discuss potential dates for pre-hearing conference and formal hearing.

E-55 Form 4 In certain cases, the committee may

decide that it needs additional information to decide the issues.

In such an event, the Chair may request, in writing, additional information from the parties.

Pursuant to LACCD Administrative Regulation E-55, Section 4(a) the Committee may ask that this information be provided to the Ombudsperson as soon as possible, but not later than five(5) days prior to the Formal Grievance Hearing date.

A copy of E-55 Form 4, Information/Documentation Request is provided to both parties.

Defining the TermsMistake Something that is incorrect such as a

calculation or clerical error.

Fraud A deliberate misrepresentation of the truth or facts intended to deceive.

Bad Faith Actions that do not accord with stated intentions or intentional refusal to perform some duty or obligation aspreviously stated.

Incompetence Lack of ability, qualification, fitness, or performance.

Part 3: Initial Grievance Meeting

Part 3: Initial Grievance MeetingExamples of Bad Faith

According to E-55 Administrative Regulation, there is no definitive definition of bad faith, but it may exist if there is neglect or refusal to fulfill some duty or obligation not prompted by honest mistake, such as:

The assignment of a final grade was made on some basis other than the performance in the course.

The assignment of a final grade is a significant departure from the professor’s previously announced standards.

Significant deviation from the assessment methods and method for grade calculations as stated in the initial or revised syllabus.

The assignment of a final grade was issued using substantially different criteria than was applied to other students in the course (favoritism, bias).

Inconsistent or inequitably applied standards for evaluation. Capricious or prejudicial evaluation.

A student would submit an E-55 form based on “bad faith,” state the circumstances, and submit documentation to substantiate their allegations.

Part 3: Pre-Hearing Conference

At the pre-hearing conference, the Committee does not hear evidence or arguments about the merits of the grievance but rather seeks to elicit from the parties the specific matters in dispute.

Identifying the issues in dispute and reaching an agreement on the facts can reduce the length of time required to hear the grievance as the testimony of witnesses or introduction of additional documentation at the hearing may not be necessary.

Identifying the issues in dispute permits the respondent to prepare a response directed to specific issues in dispute and enables the Chair to set time limits on testimony, determine how many witnesses will be heard, and the length of time necessary to hear the grievance.

If the parties agree to develop a statement of agreed upon facts, the facts should be introduced at the beginning of the Formal Grievance Hearing.

Part 4: Hearing of the Grievance

The purpose of the Formal Grievance Hearing is to provide the Grievant and Respondent the opportunity to present their respective cases to a Committee that will make findings of fact and recommendations regarding the grievance.

The hearing is composed of four discrete segments: Opening statements of each party Presentation of grievant’s case Presentation of respondent’s case Closing remarks by each party

Part 4: Hearing of the Grievance

Opening Statements. Opening statements from Grievant and Respondent are invited after the Chair’s introductory remarks and overview of hearing procedure. The Chair will ask each party to make a brief summary of what their respective positions are regarding the grievance. Chairs should place a time limit on opening statements, and then proceed to the evidentiary phase. (Opening Statements 5 minutes)

Grievant’s Case. The Grievant presents his or her case first through the introduction of documentary evidence and testimony of witnesses. After each witness, the Respondent has the opportunity for cross-examination of the Grievant’s witness. Committee members may also ask witnesses questions. At the conclusion of the Grievant’s case, the Committee must decide if the Grievant has presented sufficient credible evidence to sustain the allegations.

Respondent’s Case. The Respondent’s presentation proceeds in similar fashion with the Grievant’s cross-examination of witnesses. The Committee may also ask questions of Respondent’s witnesses. At the conclusion of the Respondent’s case, closing statements from each party are then invited by the Chair.

Closing Statements. Closing statements provide each party with the opportunity to summarize the evidence and to argue their respective positions based upon the evidence presented. Closing statements may not introduce new evidence. After closing statements, the Chair invites the Committee members to ask any additional questions that they may have. Then the hearing concludes. The Committee remains to deliberate. (Closing Statements 5 minutes)

Part 5: Committee Deliberations

The Committee deliberations take place in closed session.

The deliberative phase allows Committee members to discuss all the issues that have been raised during the hearing and the evidence presented by each party in support of their position.

Conflicting evidence is evaluated and the Committee determines which facts have been proven.

The facts are then applied to the issues, and the Committee determines what recommendations it should make regarding the grievance.

If the Committee is not in complete agreement on the matter, three (3) voting members shall constitute a quorum by which business may proceed. The quorum must include at least one (1) administrator/supervisor, one (1) faculty, and one (1) student.

Part 6: Writing the Decision

The written report of the Committee’s decision must set forth the Committee’s findings and recommendations.

The findings of fact should be relevant to each issue in the grievance.

The recommendation addresses what action(s) the Committee has decided should be taken.

Part 6: Writing the DecisionDecision Recommendation

The recommendation must be supported by the facts and the Committee should provide justification.

A carefully reasoned decision is more likely to be persuasive and upheld.

The Committee should decide if the matter being grieved was reached for improper or unfair reasons and if policy was violated.

The Committee should clearly state corrective action being recommended.

Part 6: Writing the Decision E-55 Form 5 E-55 Form 5, Grievance Committee Recommendation, is used to

provide the College President with a recommendation for the President’s final decision.

E-55 Form 5 allows the Committee to Grant the grievance and provide remedy or Deny the grievance and provide reasons.

Both parties receive a copy of E-55 Form 5, and E-55 Form 6, Grievance Appeal, as either party may appeal the Committee’s recommendation.

In cases where the Committee’s report is forwarded to the College President for final decision, the Grievance procedure provides that the President may accept or reject any or all findings and recommendations of the grievance Committee.

The President may also seek clarifying information from the Committee, so be as systematic as possible in your recommendation.

Part 7: APPEAL PROCESSGRIEVANCE HEARING COMMITTEE DENIES REQUEST FOR FORMAL HEARING

If the Grievance Hearing Committee rejects the request for a Grievance Hearing, the Ombudsperson will notify the Grievant in writing of the Committee’s decision. The notification will contain the appeal rights of the Grievant (E-55 Section 7a.)

The Grievant will have ten (10) instructional days after receipt of the Grievance Hearing Committee’s decision to appeal the decision in writing through the Chief Student Services Officer. (E-55 Section 7a)

The Grievance Appeals Committee will meet and review the Grievance Hearing Committee’s decision not to hold a Grievance Hearing. The Appeal Committee will make a recommendation to the College President, through the Ombudsperson. (Section 7a)

The College President will make a final decision. The Grievant and Respondent will be notified through the Ombudsperson of the President’s decision. (Section 7a)

If the College President determines there will not be a Formal Hearing, the process is complete and the matter is resolved. The grade given to the student will be the grade originally determined by the instructor of the course.

If the College President determines there will be a Formal Hearing, the Committee will proceed following Formal Hearing Procedures.

Part 7: APPEAL PROCESS APPEAL OF A GRIEVANCE HEARING COMMITTEE’S RECOMMENDATION

If the Grievant or Respondent is dissatisfied with the Grievance Hearing Committee’s recommendation regarding the merits of the grievance, a written appeal may be filed through the Chief Student Services Officer.

The appeal must state the specific basis on which it is being made along with any supportive information. (E-55 Section 7(c))

The Grievance Appeals Committee will meet and review the Grievance Hearing Committee’s decision. The Appeal Committee will make a recommendation to the College President, through the Ombudsperson. (E-55 Section 7c)

The College President will make a final decision on the matter. The Grievant and Respondent will be notified though the Ombudsperson of the President’s decison. (E-55 Section 7d)

The College President’s decision is final. Upon the receipt of the President’s decision, the process is complete and the matter resolved.

E-55 Forms

E-55 Form 1 – Statement of Grievance E-55 Form 3 – Decision on Request for Formal Grievance

Hearing E-55 Form 4 – Grievance Hearing Committee

Information/Documentation Request E-55 Form 5 – Grievance Hearing Committee

Recommendation E-55 Form 6 – Grievance Appeal E-55 Form 7 – Grievance Appeals Committee

Recommendation for College President E-55 Form 8 – President’s Final Decision E-55 Form 9 – Ombudsperson’s Report (Optional)

Assessment

Let’s have a brief challenge exercise to assess how much information participants have

learned here today.

Challenge Questions

What regulation governs the Final Grade Grievance process?

How many members participate on a Grievance Committee?

List the four reasons a student may challenge a grade through the grievance process?

Who makes the final decision on all grade grievance matters?

Who acts as an impartial facilitator of the grievance process?

Challenge Questions

How many members make up a quorum? Who presides over the Formal Hearing? Who carries the responsibility of “burden of

proof,” Grievant or Respondent? Where can students obtain Final Grade

Grievance process information and forms? Where can a student file a grievance?

Are there any

QUESTIONS?

Evaluation

Survey

Did you find the training beneficial?

Thank you

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