I. Purpose
A. Anne Arundel Community College (“College”) seeks to promote a harmonious learning environment by encouraging cooperative, collegial, and respectful relationships between its employees and students but recognizes that disputes may arise.
B. The purpose of this Student Grievance Policy (“Policy”) is to establish a process for Students or Student Groups to express and resolve grievances with any College Employee in a prompt, fair, appropriate, and equitable manner.
C. This Policy is only to be used to resolve serious matters that meet the definition of Grievable Actions, as set forth below, and only after reasonable efforts have been made to settle the grievance informally.
D. The College has established this Policy and the accompanying Procedures in order to provide an effective means of resolving Grievable Actions.
II. Scope and Applicability
A. As set forth in more detail below, this Policy applies to any Grievable Actions that are alleged by Students or Student Groups against Employees.
B. To the extent that the College Manual conflicts with this Policy, this Policy supersedes the College Manual.
III. Definitions
A. Academic Requirement means an activity that is required for completion of an academic class or program of study, including but not limited to, an assignment, examination, assessment, laboratory courses and clinical courses. or class attendance, in a credit or non-credit course or program of study.
B. Activity or Activities collectively refers to Academic Requirements, Co-Curricular Programs, and Services.
C. Advisor means a member of the College community, who may provide advice to the Party regarding the Grievance and who may accompany a Party to a meeting conducted pursuant to this Procedure. The Advisor must not be involved in a conflict of position, such as might be the case with a member of the Office of Human Resources, the Chief Compliance and Fair Practices Officer, or General Counsel’s Office.
D. Appeal means a statement regarding the reasons the Grievant believes that the Formal Grievance Decision is incorrect and should be overturned or modified.
E. Co-Curricular Program means an organized activity that is made available to Students outside of the College’s classes, and includes, but is not limited to, athletic teams and activities, student clubs and organizations, and performing arts groups.
F. Decision Maker means the Dean of Student Development or designee, who is responsible for investigating and deciding an Appeal of a Formal Grievance.
G. Employee means a person(s) who is currently employed by the College or was employed by the College at the time that the Grievable Action occurred.
H. Grievable Action means a violation or misapplication of a written College policy or procedure, an arbitrary or capricious action or inaction by an Employee that harmed a Grievant, and/or an action of an Employee that exceeds authority or abuses discretion to the personal detriment of the Grievant.
I. Grievance means an allegation of a Grievable Action by a Grievant.
J. Grievance Form means a written statement of the allegations by the Grievant that provides the information regarding the Grievable Action.
K. Grievant means the Student or Student Group that pursues resolution of a Grievance.
L. Formal Grievance means an investigation and decision by the Supervisor regarding a Grievance, which the Supervisor was not able to informally resolve.
M. Next Line Supervisor means the Respondent’s Supervisor’s immediate supervisor.
N. Parties include the Grievant and the Respondent.
O. Police Officer means an individual who has been certified as a police officer by the Maryland Police and Corrections Training Commission is authorized to enforce the general criminal laws of the State of Maryland and is employed in the College’s Department of Public Safety and Police as a College Police Officer, including the Chief of Department of Public Safety and Police.
Special Police Officers and Public Safety Officers do not fall within the definition of Police Officer for purposes of this Policy.
P. Respondent means the Employee against whom a Grievance is made.
Q. Service means a non-academic service provided by the College to Students, Employees and/or Visitors, including but not limited to, dining services, College identification cards, technology services, parking, fitness facilities, library services, the bookstore, performances and events on campus, computer labs, disability support services, academic advising, admissions, financial aid services, academic tutoring, testing, career and community services, Help-Link program, the Food Pantry, health and wellness services, personal counseling, and student achievement and success programs, and other similar services.
R. Student means an individual who is registered for at least one (1) credit, developmental, noncredit, or continuing education class offered by the College for the current or a future term at the time Grievable Action occurred. Student includes Employees when acting in their capacity as Students. An individual who has been admitted to the College can utilize this Policy and the accompanying Procedures if their allegations meet the definition of a Grievable Action.
S. Student Group means a group that has completed the process to be an official and recognized club or organization through the Office of Student Engagement, an athletic team approved to compete on behalf of the College, or other co-curricular program that is recognized by the College.
T. Supervisor means the Respondent’s immediate supervisor to whom the Respondent reports. If the Grievant does not know who the Respondent’s Supervisor is, the Grievant may contact the Decision Maker to determine whom to contact.
IV. Grievable Actions
A. Any Student or Student Group may submit a Formal Grievance in accordance with the accompanying Procedures for any Grievable Action that impacts a Grievant’s ability to access or participate in an Activity and includes:
1. A violation of a written College policy or procedure or misapplication of such policy or procedure;
2. An arbitrary or capricious action or inaction by an Employee that harmed a Grievant; and/or
3. An action of an Employee that exceeds authority or abuses discretion to the personal detriment of the Grievant.
B. Exceptions. A Grievant may not use this Policy for complaints or concerns related to non-grievable matters, including but not limited to:
1. Matters covered by other Policies that contain grievance, complaint, hearing, and/or appeal procedures, including but not limited to, the following:
a. Discrimination complaints, which are handled under the Nondiscrimination and Equal Opportunity Policy and the Discrimination and Sexual Harassment and Complaint Procedures;
b. Sexual harassment or discrimination complaints, which are handled under the Sexual Misconduct Policy and Procedures;
c. Petitions to the Committee on Academic Standards for exceptions to academic regulations;
d. Grade appeals, which are handled under the Grade Appeals Policy and Procedure;
e. Complaints concerning the actions of other students or outcomes of student disciplinary proceedings, which are handled under the Code of Student Conduct;
f. Complaints concerning academic misconduct or the outcomes of academic integrity proceedings, which are handled under the Academic Integrity Policy and accompanying procedures;
g. Financial aid appeal procedures, such as the Class Attendance Reporting Procedure or Satisfactory Academic Progress for Financial Aid; and
h. Concerns regarding AACC athletic programs and activities, which are handled under the Student Concerns with College Athletic Programs and Activities Policy.
2. Requests for refunds or to change residency for tuition and billing purposes which must be submitted to the Records and Registration Office at records@xyschool.net;
3. Billing disputes, which must be submitted to the Cashier’s Office at cashiersoffice@xyschool.net;
4. Complaints regarding the content of a published policy or procedure of the College;
5. Matters in which the Grievant has no direct interest or that primarily affect another student;
6. Disputes that are personal in nature and do not involve or limit the Grievant’s access to Activities;
7. Matters concerning Students in their capacity as Employees of the College, which are resolved in accordance with the applicable Human Resources policies and procedures;
8. Allegations against a Police Officer, which are subject to the Maryland Police Accountability Act and related Public Safety Protocols, unless the Anne Arundel County Administrative Charging Board or Trial Board does not exercise jurisdiction over the Student’s allegations, in which case this Policy and the accompanying Procedures will apply;
9. Matters that arise out of the same facts and circumstances that have already been the subject of a Grievance brought by the Grievant; and/or
10. Allegations against a Volunteer, member of the Board of Trustees, or other individuals who are not Employees of the College.
V. Informal Resolution
The following process is subject to the Student Grievance Procedure.
A. Prior to filing a Formal Grievance, a Grievant is encouraged to make every effort to resolve Grievances informally.
B. Where informal discussions between the Grievant and the Respondent do not resolve the Grievance or the Grievant chooses not to discuss the matter informally with the Respondent, the Grievant must submit a Grievance Form.
VI. Formal Grievance Process
The following process is subject to the Student Grievance Procedure.
A. Upon receipt of a Grievance Form, the Supervisor will make a decision as to whether a Grievable Action occurred and will issue a remedy.
B. If the Grievant is not satisfied with the resolution of the Formal Grievance by the Supervisor, the Grievant may submit an Appeal Form to the Decision Maker.
C. The Grievant may withdraw the Formal Grievance at any step of the Formal Grievance process by submitting a written request to the Supervisor or Decision Maker.
VII. Confidentiality and Records
A. With the exception of sharing information with the Party’s Advisor, all individuals involved in the Student Grievance process, including the Students, Advisors, Employees, Supervisors, and Decision Makers are required to maintain the confidentiality of the proceedings and not disclose any information related to the Grievance, except as required by law.
B. All information and records related to a Grievance will be treated confidentially and shared only with individuals directly involved in the Grievance process.
C. The Decision Maker or designee will retain all records related to Formal Grievances and Appeals in the College’s case management system, including grievance forms and decisions and will retain such records in accordance with the College’s education records retention schedule.
VIII. Prohibition on Retaliation
A. Retaliation, including intimidating, threatening, coercing, harassing, or causing physical harm to any Grievant for filing a Formal Grievance or participating in an informal resolution, investigation, or decision of a Formal Grievance, including as a witness, Supervisor, or Decision Maker, is prohibited.
B. Complaints of such retaliation or interference by Students will be referred to the Office of Community Standards for consideration under the Student Code of Conduct. Complaints of retaliation or interference by an Employee will be referred to the Office of Human Resources for consideration under applicable Human Resources policies.
IX. Remedies
A. Remedies available under this Policy are limited to restoring losses suffered by the Grievant, modifying the interpretation of College policy, practice, or procedure, or making a recommendation to change the language of a College policy, practice, or procedure, which would be considered in accordance with the Policy and Procedure on Development of Policies and Procedures.
B. Monetary damages, fines, penalties, or disciplinary action against the Respondent are not remedies available to the Grievant under this Procedure.
C. Disciplinary Action
1. Although disciplinary action against the Respondent is not a remedy available to a Grievant, the College reserves the right to impose disciplinary action against its Employees as a result of determinations made through this Policy and the accompanying Procedure.
2. If the Supervisor or Decision Maker [on appeal] believes that disciplinary action may be warranted as a result of information received during the Grievance process, the Supervisor may determine whether disciplinary action should be imposed in accordance with the College’s applicable Human Resources policies and procedures.
3. If a Formal Grievance is referred to a Supervisor, the Supervisor may also consider the issuance of performance improvement tools in accordance with the College’s applicable Human Resources policies and procedures.
4. The Office of Human Resources will conduct an independent investigation under the College’s applicable Human Resources policies and procedures and will have access to information gathered during the Grievance process.
5. If disciplinary action is imposed against or performance improvement tools are issued to the Employee Respondent, this information will not be disclosed to the Grievant, except as required by law.
X. Misuse of this Policy
A. The purpose of this Policy is to provide a mechanism to address legitimate Grievances brought by Students or Student Groups.
B. This Policy may not be used by Students or Student Groups to bring frivolous or malicious complaints against Employees, i.e., complaints designed to harass or annoy, to cause delay or detriment, or for another wrongful purpose, rather than to seek a remedy to a Grievable Action.
C. If the College’s investigation reveals that a Formal Grievance has been filed in bad faith or is knowingly false, the Formal Grievance may be dismissed by the Supervisor or Decision Maker in accordance with the accompanying Procedure, and the Supervisor or Decision Maker may refer the matter to the Director of Community Standards to determine appropriate disciplinary action against the Grievant pursuant to the Student Code of Conduct.
D. The fact that a Formal Grievance may not result in a finding that the Respondent committed a Grievable Action is not alone evidence that the Formal Grievance was brought in bad faith or is knowingly false.
XI. Complaints to External Entities
A. A Grievant is encouraged to first exhaust the Student Grievance Procedure, as applicable, before filing a complaint with an external entity.
B. Complaints to external entities may be filed in accordance with the Student Complaints to External Entities Procedure.
Policy Title: Student Grievance Policy
Policy Category: Student Affairs
Policy Owner: Vice President for Learner Support Services
Policy Administrator: Dean of Student Development
Contact Information: studentgrievance@xyschool.net
Approval Date: October 8, 2024
Effective Date: October 11, 2024
History: Previously contained in the College Manual and College webpage
Applies to: All Students and Employees
Related Policies:
Related Procedures:
Forms/Guidelines:
Relevant Laws: