Types of Grievances

Nature of Concern	Complaints Procedure	Reference	Comments
Academic Content/Record	General Complaints Procedure	Student Handbook Registrar's FERPA Webpage Student Grievance Webpage	System and university policies, as well as FERPA, establish the student’s right to request a change, addition, or deletion to his/her student records if the material is inaccurate or misleading. The request must be submitted in writing, including reasons for the appeal. Written notification of the decision is provided to the student. Records are maintained in the Office of the Registrar.
American with Disabilities (ADA)	General Complaints Procedure or Civil RIghts and Title IX Complaints	Student Health and Wellness/ Disability Resource Center Webpage Human Resource's Americans with Disabilities Act Webpage Student Grievance Webpage	A student who feels he or she has been subject to discrimination in an academic program or university department based on disability may file a written grievance to the Compliance Office or with the DRC which would be submitted to the Director of Compliance within five business days of receipt. A student’s complaint alleging discrimination should be filed within 10 business days of the action if the complaint is in connection with discipline and/or dismissal, or within 90 calendar days of the most recent incident if it is unrelated to discipline and/or dismissal.
Athletics	General Complaints Procedure	Student-Athlete Handbook Student Grievance Webpage	Student-athletes who wish to address concerns/complaints about athletic policies and/or procedures should consult the Student-Athlete Handbook for process information. Athletics is also governed by the NCAA and the Lone Star Conference. TAMUK abides by all applicable NCAA and conference policies
Classroom conduct/management; academic policy disputes; eligibility for a program	General Complaints Procedure	Student Handbook Student Grievance Website	Grade appeals; Failure of a faculty member to follow university policies; Failure of a faculty member to recognize properly authorized excuses or absences; Capricious or unreasonable arbitrary actions by a faculty member that adversely affects student performance; Discriminatory action toward students within a classroom by a faculty member; Failure of a faculty member to honor a specific commitment to a student concerning completion of work; Interpretation of academic policies affecting eligibility for academic programs or scholarships, degree plan advisement and/or academic decisions resulting in academic suspension or enrollment holds.
Disciplinary/ Misconduct Action or Adverse Treatment by Fellow Students or University Employees	General Complaints Procedure	Student Handbook Student Grievance Website	The Dean of Students Office helps resolve concerns, problems, or conflicts with regard to university policies, procedures, and decisions. The office provides a private and neutral place for students to come to express their concerns. Students work directly with staff members to identify steps that may be taken to achieve a timely and fair resolution to a problem. All student concerns will be acknowledged by appropriate Texas A&M University-Kingsville employees within 10 business days of receiving a concern report form. Original request forms are retained in the Dean of Students Office. Code of Conduct definitions, procedures, and appeal processes are outlined in the Student Handbook. Students who receive disciplinary action as a result of unacceptable actions/conduct may appeal the decision.
Distance Education	General Grievance Procedure	Student Handbook Student Grievance Website	Technology concerns related to courses taken online or through TTVN modalities. Complaints about a specific instructor should be directed to the instructor and/or academic department chair.
Family Education Rights and Privacy Act	General Complaints Procedure	Student Handbook Registrar's FERPA Webpage Student Grievance Website	FERPA information may be found in this student handbook on page 83. If you witness or commit what you believe to be a possible FERPA violation, please notify the Office of the Registrar immediately.
Fraudulent, Wasteful or Abusive Activities	Ethics Point Complaint Procedure	TAMU Ethics Point Webpage Student Grievance Webpage	The Texas A&M University System is dedicated to adhering to the highest ethical standards and principles. If you have factual information suggestive of fraudulent, wasteful, or abusive activities we want you to report it. Ethics Point is the mode for students, parents, and citizens to report issues through the Risk, Fraud, and Misconduct Hotline, an anonymous telephone and web-based reporting system by calling 1-888-501-3850 or select “file a report” at the top of the page at www.ethicspoint.com. The hotline is independently operated and available 24 hours a day, 7 days a week. Additional assistance in filing an Ethics Point complaint may be requested from the Office of Compliance. Examples of reportable issues include fraud; misuse of resources or information; violations of safety rules; inappropriate conduct, harassment, or discrimination.
Final Grade Appeal, Grade Grievances, Grade Changes, or Grade Errors	Final Grade Appeal Procedure	Student Handbook Student Grievance Website	This grievance allows students to seek resolution if they believe their final course grade to be unfair. Student appeals must be initiated in writing and the first point of contact for the appeal is with the instructor. All steps for the appeal of a final course grade are outlined in the procedures in the Student Handbook.
Graduation Requirements (Effective Catalog Rule)	General Complaints Procedure	Undergraduate Catalog Student Grievance Webpage	A student entering the university must meet the degree requirements listed within their current catalog or those of a subsequent catalog. However, a student who fails to graduate within five years after admission will be required to meet the degree requirements of a subsequent catalog that is within five years of currency at the time of their graduation. As required by the Southern Association of Colleges and Schools Commission of Colleges (SACSCOC), at least 25 percent of the hours applicable to a degree must be earned through instruction by the institution awarding the degree.
Pregnant and parenting student concerns	General Complaints Procedures Civil Rights and Title IX Complaints Procedure	Compliance Website for Title IX TAMU System Regulation 08.01.01 Civil Rights Compliance Procedure TAMUK Rue 08.01.01.K1 Civil Rights Compliance Student Grievance Webpage	Complaints or requests for assistance by students who are pregnant and/or parenting should be directed to the Office of Compliance for review and possible accommodations under Title IX.
Sexual Harassment, Discrimination	Civil Rights And Title IX Complaints Process	Compliance Website for Title IX TAMU System Regulation 08.01.01 Civil Rights Compliance Procedure TAMUK Rue 08.01.01.K1 Civil Rights Compliance Student Grievance Webpage	Complaints of sexual harassment or discrimination, including sexual assault, dating or domestic violence, or stalking (including discrimination and retaliation) should be directed to the Office of Compliance. Deputy Title IX Coordinators: Henry Burgos, HR Gina Smith, Housing Hanna Lantz, Athletics Kirsten Compary, Assistant Vice President of Student Affairs/Dean of Students
Unresolved dissatisfaction with a staff member, another student, student group, or administrator regarding a program, service, or activity	General Complaints Procedure	Student Handbook Student Grievance Webpage	Infringement upon the rights or sensibilities of an individual by a university employee, student, or student organization; Interpretation or application of an administrative policy or procedure of the university; unresolved concern about a university program, service, or activity;

1. Informal Complaint Procedure:

   Students with a complaint should initially seek an informal resolution by raising the complaint directly with the relevant staff member, faculty member, or department chair/supervisor to resolve the complaint immediately.

   The student arranges a meeting with the person involved with the complaint and/or with the direct supervisor of the person involved. For example, a student who perceives that he or she has been graded unfairly on an assignment should meet with the faculty member who assigned the grade. In this example, the meeting with the faculty member may be followed up with the department chair, or the original meeting might be with the department chair. Another example would be a complaint in the Office of Finance involving the Business Office. The student would meet with the Director of the Business Office and/or the Executive Director of Financial Services and Comptroller.

   If the informal process does not resolve the complaint, the student may move to the formal complaint procedure.

   The basic steps in the informal procedure include the following:

   • Complaints will begin as soon as possible with the staff or faculty member with whom the issue originated.
   • When an informal approach is inappropriate or ineffective, the student may follow the formal procedure below.

   Note: While students are encouraged to talk about their complaints directly with the person concerned, this approach may only sometimes be appropriate. When students believe it is inappropriate to raise the issue directly with the person(s) of concern, they may complain to a supervisor/department chair or another person in authority at Texas A&M University- Kingsville.

   Formal Complaint (Grievance) Procedure

   If the informal complaint is not satisfactorily resolved or if informal complaint resolution is not appropriate, students may submit a complaint (or grievance) to the University through the Student Complaint Portal (located here).  The Assistant Vice President of Student Affairs/Dean of Students or the Director of Student Conduct and Community Standards will review the complaint and notify the University official who is responsible for handling the complaint/grievance.

   1. The the complaint/grievance portal will ask for the following information:
      1. The name and contact information of the student filing the complaint.
      2. Identify the specific nature of the complaint.
      3. Any attempt(s) by the student to resolve the matter informally, including the name/position of the employee whom the student contacted concerning the complaint, the date(s) of such contact (may be approximate dates), and the outcome of the informal complaint;
      4. Attach any supporting documents or evidence, names and contact information of witnesses, and short statements summarizing the testimony that the witnesses may present.
      5. The desired resolution or outcome regarding the complaint.
   2. The appropriate University administrator shall have fifteen (15) business days to evaluate the complaint and determine appropriate action. The University Administrator shall evaluate the complaint to determine if it meets the following criteria:
      1. Alleges facts which, if true, would demonstrate a violation of university policy or regulations;
      2. If it is appropriate for consideration by the administrator, or if it should be referred to another hearing body for resolution (i.e., to a different college or in case of sexual harassment, job discrimination, etc., referred to a different administrative unit);
      3. Contains information that indicates the allegations are credible;
      4. Addresses a violation which, if true, results in a personal wrong to the complainant; and
      5. Was filed in a timely manner.
   3. If the complaint does not meet the above conditions, the university administrator may terminate the complaint and notify the student.
   4. The university administrator will seek to facilitate the resolution if the complaint meets all the conditions.
      1. Review the student’s complaint and gather any additional information from the student if needed.
      2. Review the administrative head’s report and possibly confer with either the respondent or person responsible for enforcing the policy or procedure.
      3. The University Administrator may, at his or her discretion, meet with the student and/or respondent together or separately if deemed appropriate.
         1. The student and respondent must be given three days advance notice of any meeting.
         2. The complainant’s failure to appear without justifiable cause will result in the meeting proceeding as scheduled, and the matter is resolved based on the information available to the University Administrator.
      4. In consideration of the information provided, the burden of proof shall be upon the student to prove his or her case by a preponderance of the evidence; that it is more likely than not that the alleged actions/events occurred and that they constituted unfair treatment or a violation of policy.

1. Formal Complaint Decision Appeal

   Either party may appeal the decision regarding a formal complaint outcome by submitting an appeal request through the online complaint portal (located here) within three business days after notification of the findings.

   1) The student’s complaint appeal must be written and made based on one or more of the following grounds:

   1. The decision is unsupported by substantial evidence on the record.
      1. There was a substantial departure from or denial of rights or procedures provided for in the grievance process.
      2. There is new evidence, previously unavailable, which, if proven accurate, would substantially alter the decision or remedy imposed.
      3. The remedy imposed is disproportionate to the gravity of the conduct.
   2. The Dean of Students Office shall schedule a convening of the Student Conduct Appeals Board within three (3) business days of receipt of the appeal. The Student Conduct Appeals Board shall have five (5) business days to conduct an initial review of the complaint appeal. The Student Conduct Appeals Board shall evaluate the complaint appeal to determine if it meets the above criteria.
   3. If the complaint appeal does not meet all of the above conditions, the Student Conduct Appeals Board may terminate the complaint appeal and notify the student.
   4. If the complaint meets all of the conditions, the Student Conduct Appeals Board will schedule a hearing during the meeting.
      1. The student and respondent must be given a minimum of three (3) business days advance notice of any hearing. The complainant’s failure to appear without justifiable cause will result in the meeting proceeding as scheduled and resolved based on the information available to the committee. The complainant and respondent must provide notice to and secure the attendance of their witnesses at the hearing
      2. The Director of Student Conduct and Community Standards will provide the complainant and respondent with a copy of its hearing procedures when scheduling the hearing.
      3. In consideration of the information provided, the burden of proof shall be upon the student to prove his or her case by a preponderance of the evidence; that it is more likely than not that the alleged actions/events occurred and that they constituted unfair treatment or a violation of policy.
      4. Within five (5) business days of the completion of the appeal hearing, the Director of Student Conduct and Community Standards, working on behalf of the appeal committee, will notify the complainant and respondent in writing the determination of the appeal and a summary of the findings. The Student Conduct Appeal Committee may take one of the following actions as a result of the hearing:
         1. A ruling favoring the student and their proposed resolution.
         2. A ruling in favor of the student with a new resolution
         3. A ruling not in favor of the student; or
         4. A ruling that a procedural error occurred and remanding the matter back to the level where it occurred.

   5) The decision of the Student Conduct Appeals Board reviewing a nonacademic grievance appeal is final and cannot be further appealed

An anonymous complaint will be considered for action if the complaint contains sufficient information to investigate.  However, due to the anonymous nature of the complaint, the decision of the investigative party will be final.

Anonymous complaints may be submitted through the TAMUK General Complaint Form, here, or through the Texas A&M University System Ethics Point system, here.

The instructor of the class is the primary authority with respect to the assessment of a student’s academic performance and final grade in that course. All practices and procedures that are used to determine a student’s final grade should be communicated to the student in the course syllabus.

An appeal of a final grade must be filed within 180 calendar days of the last day of the semester or summer session in which the disputed grade was earned. The student has the burden of proof and must provide documentation and evidence to support the allegation.

1. Basis for a Final Grade Appeal

   Students can appeal a final grade based upon one or a combination of the following:

   1. An error in calculating the grade or inaccurate recording of the grade;

   2. Failure of the instructor to notify students clearly and promptly of the criteria for grade determination;

   3. Assignment of a grade based on reasons other than the stipulated criteria or standards;

   4. Assignment of a grade based on factors other than performance in the course, e.g., personal bias;

   5. Inconsistent or inequitably applied standards for evaluation of student academic performance;

2. Level One

   It is the responsibility of a student who believes that his or her final grade is the result of a capricious, arbitrary or prejudiced action or that the procedures and practices used to determine the grade were not consistently and/or accurately followed, to first discuss the matter with the instructor of the class orally or in writing.

   1. In the event that the student is unable to contact the faculty member, he/she should contact the department chair regarding the matter for assistance in contacting the faculty member.

   2. After reviewing the student’s request, the instructor (in consultation with his or her department chair) shall respond to the grade appeal in writing within 10 business days of receipt of the grade appeal request.

3. Level Two

   If no satisfactory resolution is reached with the instructor and/or department chair, or if the instructor is unavailable, and the student wishes to appeal the final grade, he or she shall file a written grievance appealing the final grade to the dean of the college in which the class was taught. In the case of a graduate student, he/she will appeal to the Dean of Graduate Studies.

   1. The grade appeal must be filed within three business days after notification of the instructor’s decision and must include the following:

      1. A detailed description concerning specific points of dissatisfaction with the grade assigned.

      2. Any and all supporting documentation that demonstrates the occurrence of one or more of the above-listed grounds for appeal.

      3. A complete list of all potential witnesses including phone, email and other contact information.

      4. Specific action or remedy sought by the student to resolve this matter.

   2. The dean of the college will have 15 business days to evaluate the grade appeal request and determine appropriate action:

      1. Review the student’s grievance and gather any additional information from the student.

      2. Review the faculty member’s report and possibly confer with either the respondent or person responsible for enforcing the policy or procedure.

      3. Evaluate the grade appeal grievance request to determine if the appeal:

         1. alleges facts which, if true, would demonstrate a violation of university policy or regulations;

         2. is appropriate for consideration by the Dean or if it should be referred to another hearing body for resolution (i.e., to a different college; or in the case of sexual harassment, job discrimination, etc. referred to a different administrative unit);

         3. Contains information that a prima facie case exists and that the allegations appear to be substantially credible;

         4. Addresses a violation which if true, results in a personal wrong to the grievant; and

         5. Was filed in a timely manner.

      4. If the grade appeal does not meet all of the above conditions, the appropriate dean of the college may terminate the grade appeal grievance and so notify the student and faculty member.

      5. If the grade appeal meets all of the conditions, that administrator will seek to facilitate the resolution of the complaint.

         1. The dean of the college will secure from all parties statements and such other information as he/she deems helpful and will issue his or her findings and remedies if any.

         2. The decision will be based upon a preponderance of the evidence.

         3. A conference may be scheduled with the parties involved to resolve the disagreement if deemed appropriate by the dean of the college.

         4. Within 15 business days of receipt of the appeal, the appropriate college dean will complete any consultation and shall notify in writing the grievant and respondent of his / her determination of the grievance and a summary of the findings.

            The results of Final Grade Appeal grievances appealed to the dean of the college (after being initiated with the course instructor at Level 1) are final and may not be further appealed.

4. Decisions of grade appeal grievances first initiated at the college dean’s level (at Level 2) may be appealed to the Judicial Appeals Board via the Senior Student Affairs Officer. The student must appeal in writing within three business days after notification of the findings by the dean of the college. The Judicial Appeals Board will have 15 business days to review the grade appeal and render a decision. The decision of the Judicial Appeals Board reviewing a grade appeal grievance is final.

5. The Final Grade Appeal Grievance Process does not apply to grades resulting from academic dishonesty cases. Adjudication and appeals of academic dishonesty cases are handled through the Academic Misconduct Process delineated in a separate section of this handbook.