Academic institutions exist for the discovery and transmission of knowledge, the pursuit of truth, the development of students, and the general well-being of society. Free inquiry and free expression are indispensable to the attainment of these goals. As members of the academic community, students should be encouraged to develop the capacity for critical judgment and to engage in a sustained and independent search for truth. Institutional procedures for achieving these purposes may vary from campus to campus, but the minimum standards for student academic freedom and responsibility outlined below are essential to any community of scholars.

Freedom to teach and freedom to learn are inseparable facets of academic freedom. The freedom to learn depends upon appropriate opportunities and conditions in the classroom, on the campus, and in the larger community. Students should exercise their freedom with responsibility.

Broome Community College’s Student Academic Appeals Procedure has its origins in the Joint Statement on Rights and Freedoms of Students, and subscribes to the spirit of that Statement. To protect the rights and freedoms of students and faculty members consonant with that document and to signal the College’s commitment to the mutual obligation of respect and civility fundamental to an academic community, the College establishes the following procedures to provide for the orderly, fair, and prompt resolution of student academic complaints and grievances. These procedures are intended to ensure due process and the equitable treatment and protection of all parties involved in academic appeals.

STUDENT ACADEMIC GRIEVANCE PROCEDURE

I. What is an Academic Grievance?

• When the following rights of the student in the classroom are alleged to have been violated:
• The right to be evaluated fairly. Both in the classroom and in conferences with students, the professor should encourage free discussion, inquiry, and expression.
• The right to take reasoned exception to the data or views offered in any course of study and to reserve judgment about matters of opinion. They are, however, responsible for learning the content of any course of study in which they are enrolled.

The student also has the responsibility and obligation to:

• Fulfill course requirements as presented by the instructor.
• Comply with course and classroom regulations established by the instructor and by the College relative to attendance, punctuality, and personal behavior.
• Treat instructors and fellow students with respect, and ensure that behavior in and out of class does not interfere with the learning of their classmates.
• When an action or decision made within an academic division involves a misapplication or misinterpretation of a BCC policy, regulation, rule, or state or federal laws. Academic grievances may not be used to challenge policies or procedures of general applicability.
  

II. Definitions

Academic year—five days prior to the beginning of the Fall semester through two days after graduation.

Teaching day –any weekday that classes are in session during the academic year. (Saturdays and Sundays are not considered teaching days for purposes of this policy)

III. Who May Grieve?

The procedures set forth below may be used by grievants who are enrolled as BCC students at the time of the grieved incident. The person initiating the grievance must be the alleged victim of unfair treatment; a grievance cannot be filed on behalf of another person.

Whenever possible, the student and the instructor(s) should meet to discuss, and attempt to resolve, a complaint within a reasonable period of time after the incident that gives rise to the complaint. If the student and the instructor are unable to resolve the complaint, the student is entitled to initiate a formal grievance.

In keeping with the intent and spirit of these statements, it is incumbent upon all parties involved to show respect, restraint, and responsibility in their efforts to resolve grievances and to participate in good faith during all meetings and conferences. In consideration for all parties involved, efforts should be made to resolve grievances and communicate decisions as expeditiously as possible.

IV. Time Limits

• Every effort should be made to resolve the grievance as soon after the incident as possible. The student has sixty calendar days after the beginning of the following semester, excluding summer, to file a formal written academic grievance.
• All academic grievance procedures must occur during the academic year unless all parties are willing to meet outside the academic year to resolve the grievance.
• If college personnel fail at any step to review and/or respond within the time limits provided, the grievance may proceed to the next step.
• Since the burden of proof lies with the grievant, if the student fails to respond within the time limits provided, the grievance shall be deemed to have been withdrawn.
• Time limits may be extended due to unforeseen circumstances if all parties are in agreement. This must be submitted in writing and signed by all parties involved in the grievance.

V. Procedures

All parties involved in a student academic grievance will follow the procedures and steps described below. During the time that a grievance is in progress, the student may attend classes in the course at issue or subsequent courses. If the grievance involves a safety issue, continued attendance of the student will be at the discretion of the chairperson of the department involved.

Both principals must be present for Step 2 and Step 3 proceedings. Both principals have the right to the presence of an adviser of their choice commencing with Step 2. The advisers will not be attorneys or act in the capacity of attorneys. The principals may consult freely with their advisers, but their advisers will not be permitted to speak during these proceedings. Both principals and their advisers have the right to review all written documents pertaining to the grievance. Principals will be accorded equal time for statements and rebuttals. A complete tape recording of all statements and discussions is required of the Committee at the Step 3 meetings.

STEP 1

If the student elects to initiate a formal grievance, s/he must notify both the instructor and the department chair. The student will do so by completing and submitting a Grievance Notification form available in the appropriate divisional dean’s office. The dean’s office will forward copies of the completed form to the department chairperson and instructor. The chair will then schedule a meeting with the instructor(s) and the student. This meeting must take place within ten (10) teaching days of the student’s submission of the Grievance Notification form.

STEP 2

If the instructor and the student are unable to resolve the grievance at Step 1, the student will put the grievance in writing and forward it to the appropriate dean, chairperson and instructor(s) within five (5) teaching days of the Step 1 meeting.

The written grievance statement submitted by the student should include:

• A description of the action(s) which led to the grievance including the name of the instructor(s) or individuals involved, the course title and number if involving a classroom, and the time and place of the alleged grievance.
• A statement of how the decision or action is unfair and/or harmful to the grievant and a list of any policies or local and federal laws that have been violated, if known.
• A description of any written documents related to the grievance.
• A statement of action requested by the student to resolve the grievance.
• A statement establishing that a good faith attempt at resolution in Step 1.
• The grievance should be dated and include the student’s signature; local telephone number, address and email address.

The instructor(s) and the chairperson will also set forth their positions in writing and forward them to the dean and student within five (5) teaching days of the Step 1 meeting. The dean will arrange and conduct a meeting with the department chairperson, the instructor(s), and the student. Advisers to the instructor(s) and the student are welcome to attend this meeting. This meeting will be held within ten (10) teaching days of the Step 1 meeting.

STEP 3

If the dean, the department chairperson, the instructor(s), and the student are unable to resolve the grievance at Step 2 within 5 teaching days, the dean will forward all written materials and a recommendation to the Vice President for Academic Affairs (VPAA). The VPAA will then refer the matter and forward all pertinent information to the Standing Academic Grievance Committee which will recommend an Ad Hoc Hearing Committee to the VPAA. The Ad Hoc Hearing Committee will have the representation stipulated below. The actual members of the Committee will be designated by the Standing Academic Grievance Committee and will consist of:

• One faculty member with continuing appointment who is from the same division as the instructor(s) named in the grievance but not from the same department.
• One faculty member with continuing appointment from a different academic division.
• One non-classroom faculty member with continuing appointment.
• Two students selected from a list of students provided by the Student Assembly. The students will not be current members of the course section at issue or of the course.

The principals involved in the grievance, namely the student(s) and the instructor(s), will have the right to review the membership of the committee and request in writing the replacement of any individual. If there is a request by either party to replace more than one committee member, it will be reviewed by the VPAA. The VPAA may approve or deny such a request in writing within five (5) teaching days of the receipt of the request.

One of the faculty members of the Ad Hoc Hearing Committee will be designated chairperson and will have the responsibility of reporting the recommendation of the committee in writing to the VPAA.

The Committee will have ten (10) teaching days from the date on which its members have been approved to complete its business. The final recommendation of the Committee is to be presented in writing to the VPAA within five (5) teaching days after the completion of its deliberations.

The Committee’s final written recommendations to the VPAA (VPAA) should include a statement:

• that the previous recommendations of the chairperson, dean, immediate supervisor, or higher administrative authority should be followed;
• that a previous recommendation be modified with said modifications enumerated;
• that the previous recommendations be abandoned and substituted with the Committee’s own recommendations; or
• that no action be taken.

After preparing the written report for the VPAA, the Committee chairperson will have each member review the recommendation and sign it. The Committee chairperson will forward the signed recommendation to the VPAA within five (5) teaching days after the completion of the Committee’s deliberations.

STEP 4

The VPAA will review the recommendation of the Committee. If the VPAA finds the recommendation and the proceedings complete, reasonable, and just, the VPAA will declare the Committee’s recommendation binding upon both principals. If there is some cause to question the recommendation or the proceedings of the Committee, the VPAA will send his/her statements of concern, in writing, back to the Committee for further deliberation and resolution. The Committee will promptly submit its response in writing to the VPAA, who will make the final decision regarding the academic grievance.

The Committee will have ten (10) teaching days to call a meeting of the Ad Hoc Grievance Committee and prepare a final written response to the VPAA. The VPAA will make a final decision within five (5) teaching days from the receipt of the Committee’s final written response.

The final decision and supportive rationale will be communicated in writing by the VPAA within five (5) teaching days (which may be extended for due cause) to the principals, the appropriate dean and the chairperson of the Committee. This written decision constitutes the final step in the resolution of the grievance within the institution.

STEP 5

After receiving the final decision, the principals will have the right to file a statement with the VPAA. Any statement filed will be included in the record of the proceedings.