Grievance Procedure

Introduction

Students enrolled at TBCC may use the grievance procedure to challenge decisions and/or actions taken by college faculty and staff that are alleged to violate their rights as defined in the college catalog. This procedure does not apply to any other dispute. Any other complaint about college services, programs, or activities not addressed in the college catalog or policy should be put in writing and sent to the director of student services.

Programs based on contracts with government agencies or external funding sources may adopt separate grievance procedures consistent with TBCC’s Grievance Procedure, the program’s goals, and the principle of due process for all parties.

The student will be allowed to have an advocate of his/her choice (such as a TBCC advisor, or student government representative) present in meetings throughout the grievance process. Advocates are not permitted to present the case, but may advise the student. Both the college and the student may seek legal advice at their own expense; however, neither the college nor the student shall be represented by a lawyer during any grievance meeting or hearing involving the college and the student.

Concerns involving harassment or discrimination on the basis of race, religion, color, national origin, disability, sex, sexual orientation, age, height/ weight ratio, marital status, gender, gender identity, organizational affiliation, political affiliation or veterans status should be directed to the appropriate college administrator. Concerns involving harassment or discrimination by a college staff member should be directed to the Director of Human Resources, Facilities, and Safety. Concerns involving harassment or discrimination by a student should be directed to the director of student services.

Grievance Process

Step 1: Communicate with the Faculty/Staff Member: The student must directly communicate with the faculty/staff member involved within 30 calendar days of the event which is the subject of the grievance. Otherwise the student forfeits the right to grieve the issue.

The student is encouraged to put the grievance in writing, including a specific description of the issue, the reasons the student believes his/her rights have been violated as defined in the college catalog, and a proposed remedy.

Step 2: Communicate with the Director of Student Services or the Chief Academic Officer: In cases where the problem is not resolved through direct communication with the faculty/staff member involved, the student may submit a Grievance Form obtained from the chief academic officer (CAO) or the director of student services with supporting evidence, to the CAO or director within 14 calendar days of the communication with the faculty/ staff member. The CAO or director will review the grievance.

Within 14 calendar days, the CAO or director will objectively investigate the grievance, consult and share appropriate information with all involved parties, consider relevant evidence, and render a decision in writing to the student and the college president.

Step 3: Appeal to the College President: The student may appeal the decision in Step 2 if:

1. TBCC procedures were not followed or
2. There is relevant evidence that was not available during Step 2. An appeal must be made within 14 calendar days to the college president. The student must submit written justification for further review and provide evidence that there are grounds for the appeal.

The president will objectively investigate how the grievance process was conducted in Step 2, consult with all involved parties, and consider relevant evidence that was not available or not considered during Step 2, and render a decision in writing. The decision will be final and not subject to appeal.

Reporting, Recording, and Maintaining Records

When the grievance is concluded, all documentation shall be forwarded to the director of student services, who will maintain them as part of student records in accordance with the state archival policies.

Out of State Academic Student Complaint Procedure

In compliance with the Higher Education Opportunities Act of 2008, the U.S. Department of Education (USDOE) conducted a Negotiated Rule Making Process in 2010, and institutions offering distance education must provide enrolled and prospective students with contact information for filing complaints with its accrediting agency and with the appropriate state agency for handling complaints in the student’s state.

It is recommended that students taking online classes at TBCC first pursue their concerns locally. Students taking online classes at TBCC who reside out-of-state should follow the grievance procedures to resolve concerns as outlined above. This procedure does not apply to any other dispute.

Any other complaint about college services, programs, or activities not addressed in the student rights section of the college catalog should be put in writing and sent to the director of student services, who will forward the complaint to the appropriate administrator. Complaint forms are available at the Student Services Office located at 4301 Third St., Tillamook, OR 97141.

Concerns involving harassment or discrimination on the basis of race, religion, color, national origin, disability, sex, sexual orientation, age, height/weight ratio, marital status, gender, gender identity, organizational affiliation, political affiliation or race, religion, color, national origin, disability, sex, sexual orientation, or veteran status, should be directed to the appropriate office. Concerns involving harassment or discrimination by a college staff member should be directed to the Affirmative Action Office. Concerns involving harassment or discrimination by a student should be directed to the director of student services. .

If after following the college’s procedure the issue cannot be resolved internally and the student seeks additional resolution, students can refer to the appropriate state agency or accrediting body.

TBCC is regionally accredited by the Northwest Commission on Colleges and Universities (NWCU). Information regarding their complaint process can be found on the NWCCU website.

Students may also contact the Oregon Department of Community Colleges and Workforce Development (CCWD) by phone at 541-947- 2401 or by email to donna.j.lewelling@state.or.us.

Consensual Relationships

It is the policy of TBCC that all employees and students enjoy a positive and productive work and learning environment, free from all forms of discrimination, including sexual harassment. This objective is promoted by professionalism in the relationships that faculty and staff have with students. These relationships are intended to foster free and open exchange of ideas, productive learning, and the work that supports these relationships.

In addition, those who supervise or evaluate the work of students must be perceived to be making their decisions fairly and without favoritism. This responsibility is potentially jeopardized when faculty/staff enter into consensual romantic relationships with their students.

Faculty and staff are cautioned that consensual romantic relationships with their students can prove to be unwise and problematic, and should be avoided. When consensual romantic relationships occur, questions of fairness, favoritism, and coercion arise:

1. Such relationships may undermine the real or perceived integrity of the supervision provided, and the particular trust inherent in the student-faculty relationship.
2. Relationships in which one party is in a position to review the work, or influence the career of the other, may provide grounds for complaint when that relationship appears to give undue access or advantage, restricts opportunities, or creates a hostile and unacceptable environment for others.
3. Such relationships may, moreover, be less consensual than the individual whose position confers power believes. The relationship is likely to be perceived in different ways by each of the parties to it, especially in retrospect. While some relationships may begin and remain harmonious, they are susceptible to being characterized as unprofessional and disrespectful to others.

Therefore, faculty/staff should not engage in consensual romantic relationships with their current students.

If a faculty or staff member has a pre-existing consensual romantic/ sexual relationship with a student, the student should be discouraged from enrolling in courses taught by the instructor or entering into work situations in which she/he would be supervised by the staff member. If the student does enroll in the course or work for the staff member, the faculty/staff member should remove him/herself from academic or professional decisions concerning the student.

Should a romantic/sexual relationship between a faculty/staff member and his/her student lead to a sexual harassment charge, the college is obligated to investigate and resolve the charge in accordance with the complaint procedure in the Sexual Harassment Policy (Article 322).