Types of Grievances

Nature of Concern	Reference	Office or Contact	Comments
Academic Content/Record	Student Handbook System Policy FERPA	Registrar Mildred Slaughter, Registrar	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.
Academic Suspension/Enforced Withdrawal	Undergraduate Academic Catalogs Graduate Academic Catalogs Student Handbook	Division of Student Success: Dr. Shannon Baker, Associate Vice President for Student Success Graduate School: Dr. George Allen Rasmussen, Associate Vice President for Research and Graduate Studies	Undergraduate students on academic suspension/enforced withdrawal may appeal through Student Success. That appeal can either be denied or accepted. Appellants whose appeals are accepted are permitted to register under certain conditions. Those conditions are provided to the student in written form. A record of each appeal, accepted or denied, is kept in the AVP for Student Success’ Office. Graduate students can appeal through their respective academic departments and the AVP for Research and Graduate Studies.
Admission Appeal- Undergraduate	Undergraduate Catalog	Undergraduate Admission: Director of Undergraduate Admission	The admission appeal process is outlined in the decision letter which is sent to the student. We suggest the following: Applicant is encouraged to re-take the SAT and/or ACT entrance exam if they are applying as a high school student. Transfer students are encouraged to attend a community college to improve their transfer GPA. Students can submit an essay/personal statement and two letters of recommendation. Letters should be from academic teachers/professors and address the applicant’s academic ability. The committee will consider factors such as academic performance, socio-economic status, extracurricular involvements, and performance of high school/district or any other information that might be helpful.
Admission Appeal- Graduate	Graduate Catalog	Graduate School: Dr. George Allen Rasmussen, Associate Vice President for Research and Graduate Studies	The admission decision letter will include reasons for a student being denied admission to the graduate school/graduate program. For admission appeal information, please contact the Office of Graduate Studies.
American with Disabilities (ADA)	Student Health and Wellness/Disability Resource Center Webpage	Disability Resource Center: JoElda Castillo-Alaniz, Director of Student Health and Wellness Barbara Collins, Assistant Director, Disability Resource Center Office of Compliance: Director of Compliance and Risk Management	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	Student-Athlete Handbook	Athletics: Hanna Lantz, Assistant Athletic Director for Compliance and Academics/Senior Women’s Administrator	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	Academic Student Grievance Policy	Faculty and/or Department Chairs Deans of Academic Colleges Judicial Appeals Boar	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	Student Handbook	Dean of Students Office: Kirsten Compary, Assistant Vice President for Student Affairs and Dean of Students Antonia Alvarez, Acting Director of Student Affairs/Associate Dean of Students	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	ITS Website	Distance Learning: Rolando Garza, Director for Distance Learning and Instructional Technology	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	Student Handbook FERPA	Registrar’s Office: Mildred Slaughter, Registrar	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.
Financial Aid	Financial Aid website	Financial Aid Office: Raul Cavazos, Director of Financial Aid William Saenz, Associate Director of Financial Aid	Students inquiring on their eligibility for financial aid obtain answers to questions through their Financial Aid counselor and/or the Financial Aid Office. Financial Aid representatives are available in the Javelina Enrollment Services Center. Students may make an appointment to speak with their financial aid counselor.
Fraudulent, Wasteful or Abusive Activities	Ethics Point website	Texas A&M University System Office of Compliance: Director of Compliance and Risk Management	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.
Grade Grievances, Grade Changes, or Grade Errors	Student Handbook	Provost & Vice President for Academic Affairs Dr. Lou Reinisch, Vice President of Academic Affairs/ Provost Academic Deans Department Chairs	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)	Website Undergraduate catalogs	Registrar’s Office: Mildred Slaughter, Registrar	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	08.01.01 Civil Rights Compliance Procedure (TAMU System) 08.01.01.K1 (TAMUK)	Office of Compliance: Director of Compliance and Risk Management Tasha Clark, Title IX Coordinator	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.
Refund of Fees	Business Office website Business Service Appeal Information	Business Office: Leticia Cantu, Bursar	Refunds from credit balances on student accounts are automatically refunded. No student action is necessary once refund information is established in Customers Bank (formerly HigherOne). Students contesting refund percentages from drops or withdrawals are referred to the Registrar’s Office for appeal. Students contesting the application of excessive hour rules are referred to the Business Service Appeals process. Students contesting housing and/or meal plan charges are referred to Housing and Residence Life for appeal.
Residency Status Determination	Residency Appeal	Registrar’s Office: Mildred Slaughter, Registrar	For students desiring to appeal residency status (in-state vs. out-of-state tuition rate). Students must meet one requirement listed in Part A of the Revised Chart II: Documentation to Support Establishing and Maintaining Domicile in Texas Form. Students must submit one item from part B of the revised Chart II: Documentation to Support Establishing and Maintaining Domicile in Texas Form.
Sexual Harassment, Discrimination	08.01.01 Civil Rights Compliance Procedure (TAMU System)	Office of Compliance: Director of Compliance and Risk Management Tasha Clark, Title IX Coordinator	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
Student Employment Grievance and Appeal	32.01.02 (Complaint and Appeal Process for non-faculty Employees)	Human Resources Henry Burgos, Executive Director of Human Resources Dean of Students Office: Kirsten Compary, Assistant Vice President for Student Affairs and Dean of Students	Complaints by any non-faculty employee, include any appeal of an adverse employment action, discipline, or dismissal. Complaints related to employment must be filed within seven (7) business days of the action that caused the complaint. Human Resources will coordinate the investigation of employment-related complaints. Illegal discrimination complaints should follow the procedures in TAMU System Regulation 08.01.01 and should be reported to the Office of Compliance.
Traffic/Parking Violations	University Parking Rules/Regulations University Parking Map Parking Appeals	University Police Department: Felipe Garza, Director of Public Safety and Chief of Police Dean of Students Office: Kirsten Compary, Assistant Vice President for Student Affairs and Dean of Students	University parking appeals are accepted online through JNET. A copy will be forwarded to the Parking Appeals committee for review/ resolution. A date, time, and location for the hearings will be provided in advance of the hearing should the student appealing the parking violation wish to be present. Late appeals may be filed, with a $10 charge being assessed, at the Dean of Students Office, room 306 of the Memorial Student Union Building. Traffic violations are handled at the local Justice of the Peace Precinct 2 office located at 3rd Street and Santa Gertrudis Ave.
Transfer Credit Denial		Office of Undergraduate Admission: Director of Undergraduate Admission	Transcripts are evaluated for credit by the Office of Undergraduate Admission, and at times may undergo a review by faculty members in an academic program. Credits for a specific degree must be determined by academic departments. Once a transcript undergoes the review process, students are provided with information concerning the transferability of courses and how they will be applied to a degree program. A course must be college level in order to be transferrable, and a grade earned of “D” or better. In some instances, a grade below a “C” may not be acceptable in cases where the course will be applied to a major. Students can access their degree plans through DegreeWorks.
Unresolved dissatisfaction with a staff member, another student, student group, or administrator regarding a program, service, or activity	Non-academic Student Grievance Policy	Original Decision-Makers Unit Supervisors Acting Director of Student Affairs	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. Academic grievances are complaints brought by students regarding the university’s provision of education and academic services affecting their role as students. Academic grievances can include but are not limited to the following types of allegations:
   1. Grade appeals, including errors in calculations or recording of tests or other grades; capricious, complaints of arbitrary or prejudiced action or procedures in assessing a grade; and/or allegations that procedures and practices used to determine a grade were not consistently or accurately followed. (Refer to Final Grade Appeal Procedures)
   2. Failure of a faculty member to follow university policies in the conduct of classes or examinations.
   3. Failure of a faculty member to recognize properly an authorized excuse or absence.
   4. Capricious or unreasonable arbitrary actions by a faculty member that adversely affects student performance.
   5. Failure of a faculty member to announce and/or provide in the course syllabus teaching procedures, grading policies, and the various requirements for successful completion of the course; also substantial changes or departures in announced policies without due notice and explanation.
   6. Discriminatory action toward students within the classroom by a faculty member, e.g., by singling out specific students for either preferential or adverse treatment.
   7. Failure of a faculty member to honor a specific commitment to a student concerning the completion of work delayed because of illness, accident, or other justified reason.
   8. Interpretation of academic policies affecting eligibility for academic programs or scholarships, degree plan advisement disputes, and/or academic decisions resulting in academic suspension or enrollment holds.
2. The general policy regarding a student grievance is to grant an opportunity to address an issue one level above the person whose action is being contested. Every possible effort should be made to resolve the grievance at the lowest level. The process may vary depending upon the area of concern but will generally involve several possible steps.
   1. The procedure utilized shall provide for a prompt and fair consideration of the complaint.
   2. If extenuating circumstances prevent either party from meeting the time frame stipulated while grievance proceedings are underway, all parties involved will confer and agree on an alternate schedule.
   3. Proceedings are not judicial trials and formal rules of evidence shall not apply, but evidence submitted must be material and relevant to the issue under consideration.
   4. Any person who brings a grievance has the burden of proof and must provide documentation and evidence to support the allegation

1. Level One:

   The student discusses orally or in writing the problem or complaint with the person whose decision or action is being contested (respondent). After consideration of the request and in consultation with the department chair, the respondent shall notify the student in writing of the decision regarding the complaint within 10 business days of the meeting. It shall also include information on the student’s right to appeal, the deadline and process for appeal, and the name and address of the person responsible for receiving the appeal request.

    

   Final grade appeals must be initiated on an individual basis, utilizing the Final Grade Appeal Procedures outlined in another section of this Academic Grievance Policy.

2. Level Two:

   If the complaint is not resolved, the student has three business days after notification of the respondent’s decision, to appeal in writing to the appropriate College Dean and in the case of graduate students to the Dean of Graduate Studies.

   1. The student should put his or her academic grievance in writing according to the following guidelines:

      1. Identify the specific nature of the academic grievance (Refer to #1 – 8 above).

      2. Explain the grounds for the academic grievance, and whether the basic justification for it is based on a claimed violation of a university rule, policy or established practice.

      3. The name of the person whose decision is being disputed, the dates of the occurrence, and the name, current address and phone number of the complainant.

      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 remedy sought; i.e., explain how would you like to see it resolved? What does the complainant want done as a result of the complaint?

   2. The appropriate dean of the college shall have 15 business days to evaluate the academic grievance appeal request and determine appropriate action. The dean of the college shall evaluate the academic grievance appeal to determine if it meets the following criteria:

      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 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.

   3. If the complaint does not meet all of the above conditions, the dean of the college may terminate the academic grievance and so notify the student.

   4. If the complaint meets all of the conditions, the dean of the college will seek to facilitate the resolution of the complaint.

      1. Review the student’s academic grievance 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 dean of the college 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 business days advance notice of any meeting.

         2. The failure of the complainant to appear without justifiable cause will result in the meeting proceeding as scheduled and the matter being resolved based upon the information available to the Dean.

         3. If the original academic grievance was against a non-supervisory employee, responsibility for the defense of the contested actions shall rest with the employee’s supervisor. The employee may be called in as a witness.

      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).

      5. Within 15 business days of receipt of the academic grievance appeal, the dean of the college will complete any consultation and shall notify in writing the grievant and respondent of his / her determination of the academic grievance and a summary of the findings. The decision may consist of:

         1. A ruling in favor of the student and the student’s proposed resolution.

         2. A ruling in favor of the student with a new resolution; or

         3. A ruling not in favor of the student.

            The results of grievances appealed to this level are final and may not be further appealed. Academic grievances initiated at Level Two may be appealed to the next level (Level Three).

3. Level Three:

   The decision of an academic grievance first initiated with the dean of the college (Level Two) may be appealed by either party to the Judicial Appeals Board by delivering a letter of appeal to the Senior Student Affairs Officer (Acting Director of Student Affairs) within three business days after notification of the findings. The Senior Student Affairs Officer shall then convene the Judicial Appeals Board to consider the appeal request.

   1. The student’s academic grievance appeal must be in writing and made on the basis of one or more of the following grounds:

      1. The decision is unsupported by substantial evidence on the record.

      2. There was a substantial departure from or denial of rights or procedures provided for in the academic grievance process.

      3. There is new evidence, previously unavailable, which, if proven accurate, would substantially alter the decision or remedy imposed.

      4. The remedy imposed is disproportionate to the gravity of the conduct.

   2. The Judicial Appeals Board shall have 15 business days to evaluate the academic grievance appeal request and determine appropriate action. The Judicial Appeals Board shall evaluate the academic grievance appeal to determine if it meets the following criteria:

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

      2. Is appropriate for consideration by the board 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 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.

   3. If the complaint does not meet all of the above conditions, the Judicial Appeals Board may terminate the academic grievance appeal and so notify the student.

   4. If the academic grievance appeal meets all of the conditions, the Judicial Appeals Board will conduct a hearing.

      1. The student and respondent must be given three business days' advance notice of any meeting. The failure of the complainant to appear without justifiable cause will result in the meeting proceeding as scheduled and the matter being resolved based upon the information available to the Dean. If the original grievance was against a non-supervisory employee, responsibility for the defense of the contested actions shall rest with the employee’s supervisor. The employee may be called in as a witness. It is the duty of the complainant and respondent to provide notice to and secure attendance of their witnesses to the hearing.

      2. The Senior Student Affairs Officer will provide the complainant and respondent with a copy of its hearing procedures three business days prior to the hearing.

      3. Hearsay statements may be considered, but the panel should consider the existence or lack of corroborating evidence and the reason for the absence of the person to whom the statement is attributed.

      4. Cross-examination of witnesses shall not be permitted. However, panel members may ask questions of any witness. The complainant or respondent may, at the conclusion of a witness’ testimony, request that the panel ask other questions of the witness. The panel may honor or disregard such requests.

      5. 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.

      6. Within 15 business days of receipt of the academic grievance appeal, the chair of the Judicial Appeals Board will notify the grievant and respondent in writing the determination of the appeal and a summary of the findings. The Judicial Appeals Board may adopt, reject or modify any previous decision and may consist of:

         1. A ruling in favor of the student and the student’s 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 Judicial Appeals Board’s review of an academic grievance appeal is final and cannot be further appealed.

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.