Student Grievance Procedure
The Student Grievance Procedures are established so that students can resolve difficulties/problems they encounter in college-related activities. The Student Grievance Procedures are designed to consider an alleged wrong against a student (see KCCD Administrative Procedures 5530 for the Student Rights and Grievances). Efforts will be made to resolve a grievance in a timely and fair manner. Students who contend they have been treated unfairly have the right, without fear of reprisal, to use a written procedure in their attempt to right an alleged wrong. Student grievances are taken seriously; therefore, the grievance must be of a compelling, substantive, and verifiable nature.
Filing grievances against any party is a serious undertaking. Prior to filing a written grievance, and within five (5) instructional days of the incident leading to the complaint, the student(s) should contact the alleged employee involved to resolve the issue. If this attempt is not feasible or does not resolve the grievance, the student may initiate Student Grievance Procedures action. Grievances may not be reviewed after ninety (90) instructional days from the date of the incident leading to the grievance. The Office of Student Life will receive and administer student grievances at Bakersfield College. At the written request of the student, action on the grievance may be delayed until the term of the class is completed. In this event, the Office of Student Life may defer any further action on the student grievance until the following academic semester. In the event of a group student grievance, at most two students shall be chosen to carry the grievance forward.
A grievance by any student who reasonably believes a college decision or action has adversely affected his/her/their status, rights, or privileges as a student. A grievance includes, but is not limited to, claims regarding Course grades, to the extent permitted by Education Code Section 76224 subdivision (a), which states: "When grades are given for any course of instruction taught in a community college district, the grade given to each student shall be the grade determined by the instructor of the course and the determination of the student's grade by the instructor, in the absence of mistake, fraud, bad faith, or incompetency, shall be final.” “Mistake” may include, but is not limited to errors made by an instructor in calculating a student's grade and clerical errors; The exercise of rights of free expression protected by state and federal constitutions and Education Code Section 76120. A grievance is not student disciplinary actions, which are covered under separate Board Policies and Administrative Procedures.
Notices sent to the last address in the College records and deposited in the United States mail, postage prepaid, shall be presumed to have been received and read. It is the student's responsibility to ensure that contact information is always current. Formal proceedings may be recorded using audio and/or video recorders by the appropriate administrator. To protect the integrity and confidentiality of the proceedings, no other recording or transcription is allowed. Recordings are confidential and the exclusive property of the College/District. Recordings become a part of the grievance file and are maintained by the designated administrator.
As laid out in KCCD Administrative Procedures 5530, BEFORE submitting the completed Student Grievance Intake Form to the Office of Student Life, the student should first talk to the alleged employee or the head of the department and/or respective Dean/Supervisor. Once the student has spoken to either individual or has not received the desired resolution, the assigned Grievance Officer will assist the student in the process with this completed form. In most cases, the Dean of Students will serve as the student's Grievance Officer.
The Student Grievance Intake Form will start a conversation with the parties involved to ensure that an informal resolution can be made. Only one employee may be named per the intake form. Submitting the intake form does not start the KCCD Student Grievance process until the student submitter has signed it. For further steps of the formal request for a Grievance Hearing, additional information, and process regarding the Student Grievance Procedures, please refer to the KCCD Administrative Procedures 5530.
Repeated filings of the same grievance, filings of a frivolous nature, or capricious complaints against college personnel will be considered abuse of the student grievance process and may be subjected to the Student Conduct. Repeated filings will be referred to the Dean of Students for further review.