Student Grievances
Student Grievance Procedure
Bakersfield College is committed to providing students with a fair and equitable process for resolving concerns involving college decisions or actions that may adversely affect a student’s status, rights, or privileges. The Student Grievance procedure (see KCCD Administrative Procedures 5530 for the Student Rights and Grievances) provides students with a formal process for addressing alleged unfair or improper actions by a faculty member, employee, or another student. Students may initiate a grievance when they believe they have been subjected to an unjust action or denied rights provided under published District Board Policies or applicable state or federal law.
The Dean of Students Office administers the Student Grievance procedure at Bakersfield College. The Dean of Students generally serves as the College’s Grievance Officer for students. Students are strongly encouraged to attempt to resolve any concerns informally at first. However, trying an informal resolution does not extend the deadline for filing a Statement of Grievance.
Student Statement of Grievance Intake Form
What Is a Student Grievance?
A grievance is a claim by a student who reasonably believes that a college decision or action has adversely affected their status, rights, or privileges as a student. A grievance may include but is not limited to:
- An alleged unfair or improper action by a faculty member, staff member, or administrator.
- An alleged denial of a student’s rights under published District Board Policies and Administrative Procedures, or applicable state or federal law.
- A course grade dispute, but only to the extent permitted by California Education Code Section 76224(a). An instructor’s determination of a student’s grade is final unless the grade resulted from mistake, fraud, bad faith, or incompetency. A mistake may include an error in calculating a grade or a clerical error.
- The exercise of rights of free expression is protected by the California and United States Constitutions and California Education Code Section 76120.
What Is Not Handled Through the Student Grievance Procedure?
The Student Grievance procedure is not the appropriate process for every type of student concern. If you are unsure whether your concern qualifies as a student grievance, email the Dean of Students Office for assistance in identifying the appropriate process. The grievance process does not include:
- Student disciplinary actions. Student discipline is addressed separately through KCCD’s Standards of Student Conduct and Student Discipline Procedures.
- Police citations or tickets. Complaints regarding citations must be directed to the Department of College Safety or the appropriate county court in the same manner as other citations or traffic violations.
Before Filing: Attempt Informal Resolution
Students with a grievance are strongly encouraged to make a reasonable attempt to resolve the concern informally. When appropriate, a student should attempt to resolve the concern with:
- The faculty member, staff member, or administrator involved;
- That person’s immediate supervisor; and/or
- The appropriate supervising Dean or college administrator.
Informal conversations are intended to provide the student grievant with an opportunity to understand the concern, clarify information, and determine whether an equitable resolution can be reached without proceeding to a formal grievance hearing. The College Grievance Officer will provide guidance on the matters, suggest alternative resolutions, or assist the student in seeking an informal resolution.
Steps to Filing a Formal Grievance
Important Grievance Deadlines
Students are responsible for monitoring grievance deadlines. The following provides a quick overview of the primary deadlines established by AP 5530:
| # | Action | Deadline |
|---|---|---|
|
1 |
File Statement of Grievance |
Within 14 calendar days of the incident or within 14 calendar days after learning of the basis for the grievance, whichever is later |
|
2 |
Dean of Students Office response |
Within 7 calendar days after receiving the Statement of Grievance |
|
3 |
Request for Grievance Hearing |
Within 14 calendar days after filing the Statement of Grievance |
|
4 |
Appointment of Grievance Hearing Committee |
Within 14 calendar days after receipt of the Request for Grievance Hearing |
|
5 |
Notice if the hearing request is rejected. |
Within 5 calendar days of the committee’s decision |
|
6 |
Formal grievance hearing |
Commences within 14 calendar days following the decision granting a hearing |
|
7 |
Notice of hearing |
At least 3 calendar days before the hearing |
|
8 |
Committee findings and recommendations |
Within 7 days following the close of the hearing |
|
9 |
Appeal to the College President |
Within 7 days of the Committee’s report |
|
10 |
Vice President’s written decision |
Within 7 days after receiving the committee’s findings and recommendations |
Unless otherwise specified, a “day” under KCCD AP 5530 means a day when the College is engaged in regular operations, excluding weekends, holidays, and closure days. Where KCCD AP 5530 specifically uses calendar days, the stated deadline is measured in calendar days. Time limits established by KCCD AP 5530 may be shortened or extended by mutual consent of all parties.
Important Information About Grade Grievances
Students may use the grievance procedure for course-grade concerns only to the extent permitted by California Education Code Section 76224(a). A mistake may include an instructor’s error in calculating a student’s grade or a clerical error. A disagreement with an instructor’s academic judgment, by itself, does not establish grounds for changing the final grade of the course.
The grade assigned by an instructor is final unless the grade resulted from:
- Mistake – An error related to the assignment or calculation of the grade. This may include, but is not limited to, mathematical or calculation errors and clerical errors.
- Fraud – You believe the grade resulted from intentional deception, misrepresentation, or other fraudulent conduct.
- Bad Faith – You believe the grade resulted from an improper or dishonest purpose rather than the instructor's good-faith academic judgment.
- Incompetency – You believe the grade resulted from a lack of ability or qualification necessary to properly perform the grading responsibility.
- The exercise of rights of free expression is protected by the state and federal constitutions and Education Code Section 76120
Who May File a Grievance?
For purposes of AP 5530, a student may include:
- A currently enrolled student; or
- A former student, whose grievance rights are limited to course-grade matters permitted under California Education Code Section 76224(a).
Questions or Assistance
Students do not have to navigate the grievance procedure without guidance. The Dean of Students Office administers the Student Grievance procedure at Bakersfield College, and the Dean of Students generally serves as the College Grievance Officer.
The students may contact the Dean of Students Office for assistance in understanding:
- Whether a concern may qualify as a student grievance;
- Informal resolution options;
- Filing the Statement of Grievance;
- Applicable grievance deadlines;
- Requesting a formal grievance hearing; and
- The grievance hearing and appeal procedures.
Students are encouraged to email the Dean of Students Office as soon as possible after a concern arises, as the deadline to file a Statement of Grievance is generally 14 calendar days.
For the complete District procedure, students should review Kern Community College District Administrative Procedure 5530: Student Rights and Grievances.
