The Student Complaint Procedures are established so that students can resolve difficulties/problems they encounter in College-related activities. Student complaints are taken seriously; therefore, the complaint must be of a compelling, substantive, and verifiable nature. Repeated filings of the same complaint, filings of a frivolous nature, or capricious complaints against school personnel will be considered abuse of the student conduct and/or complaint process. Such repeated filings will be referred to the College President for a decision.

The procedure students must follow in filing complaints is outlined in Procedure 4F9(a) of the Kern Community College Board Policy manual.

These procedures apply to student complaints such as:

• Course content
• Access to classes
• Verbal or physical abuse by faculty, staff, or students
• Faculty Member refusal to confer with student(s)
• Harassment

These procedures do not apply to student complaints which involve:

• Unlawful Discrimination (see Policy 7D4)
• Sexual Harassment (See Policy 7D2)
• Assignment of grades (See Policy 4C4C for final grade changes)

The College President will determine and publicize which administrative office will receive and administer student complaints.

Any party to a complaint may be represented by one (1) person on the College staff or student body.

Filing of complaints against any party is a serious undertaking. Prior to filing a written complaint, and within ten (10) instructional days of the incident leading to the complaint, the student(s) should contact the staff member involved in an attempt to resolve the issue. If this attempt is not feasible or does not resolve the problem, the student(s) may initiate Level I action. Complaints may not be filed after ninety (90) instructional days from the date of the incident leading to the complaint.

Notices sent to the last address available in the records of the College and deposited in the United States mail, postage prepaid, shall be presumed to have been received and read.

Informal Complaint Process

Prior to filing a written complaint, and within ten (10) instructional days of the incident leading to the complaint, student(s) should attempt to resolve the issue by contacting the staff or faculty member involved. If the students(s) are hesitant to communicate directly with the staff or faculty member, they can enlist the assistance of the Division Chair to facilitate and mediate the process. If the attempt is not feasible or does not resolve the problem, the student(s) may initiate Level I action. Complaints may not be filed after ninety (90) instructional days from the date of the incident leading to the complaint.

1. The student(s) should contact the office of the staff member•s immediate supervisor/designee. At the time of contact, the student(s) should complete and submit a Level I "Initial Student Intake Complaint Form", which will be available in the supervisor's office. The student(s) will be given an appointment to meet with the immediate supervisor/designee at this time. The appointment to meet shall be within ten (10) instructional days of notice of the occurrence of the alleged incident.
2. At the time of the appointment, the student(s) and the immediate supervisor/designee will attempt to resolve the issue in a satisfactory manner. All Level I conferences may be tape recorded with the concurrence of both parties. (These recordings shall be the exclusive property of the College/District and shall become part of the complaint file.) If the complainant fails to appear for the scheduled appointment, the Level I complaint process shall be terminated and the complainant shall have no further recourse.
3. Subsequent to the student(s) meeting with the immediate supervisor/designee, the latter shall meet and confer with the staff member(s) involved in an effort to resolve the complaint. If possible, this meeting shall be within five (5) instructional days of the student(s) meeting with the immediate supervisor/designee.
4. After meeting with student(s) and staff member(s), the immediate supervisor/designee shall notify the parties involved of his/her suggestion for resolution. If this resolution is acceptable to the complainant(s), the immediate supervisor/designee shall complete the Level I "Information /Disposition Form" and submit copies of it to the complainant(s), the staff member(s) and maintain the original in a suitable file.
5. If the immediate supervisor/designee does not resolve the complaint to the complainant's satisfaction, the complainant may, within ten (10) instructional days of the decision, file with the appropriate administrator a request to move the complaint to Level II.
6. At the written request of the student(s), action on the complaint may be delayed until the term of the class is completed. In this event, the appropriate administrator may delay any further action on the complaint until the next semester.
7. In the event of a group complaint, at most two (2) students shall be chosen to carry the complaint forward.

1. Under certain circumstances, and in the interest of fairness to all parties, the immediate supervisor/designee may refer the complaint to Level II immediately. The immediate supervisor/designee shall notify the student(s), staff member(s) and appropriate administrator when the referral has been made to Level II.

2. If the complainant(s) choose(s) to move the complaint to Level II, he/she/they must complete a "Request to Appeal from Level I Recommendation" form.

3. (Within ten (10) instructional days of receiving the request (either the immediate supervisor's/designee's referral or the student(s)' appeal), the appropriate administrator shall investigate the allegations and convene a conference of the student(s), the staff member(s), and the staff member(s)' immediate supervisor/designee.

• All Level II conferences shall be tape recorded by the appropriate administrator. These recordings shall be the exclusive property of the College/District and shall become part of the complaint file.
• If a complaint is filed within the last thirty (30) instructional days of the semester or the last ten (10) instructional days of summer school, the appropriate administrator may delay any further action on the complaint until the next academic term.
• The student(s) bringing the complaint and the staff member(s) being complained against must be present at this conference. Under compelling circumstances, this meeting may involve teleconferencing. At this meeting, an attempt will be made to resolve the issue(s) and agree upon the remedy.
• If the complainant fails to appear for this conference, except for good cause, the Level II complaint process shall be terminated, and the complainant shall have no further recourse.

4. Following this Level II conference, the appropriate administrator shall, within five (5) instructional days, provide his/her written decision and the basis for the decision. Copies of this decision shall be sent to the student(s), the staff member(s), the immediate supervisor/designee, and the appropriate Vice President.

5. The student(s) bringing the complaint and/or staff member(s) being complained against may challenge the Level II decision by proceeding to Level III.

1. If the student(s) and/or the staff member(s) challenge(s) the Level II decision, he/she/they must file a written appeal (See "Request to Appeal from Level II Recommendation" form) within ten (10) instructional days of notification of the Level II decision. This Level III appeal shall be filed with the appropriate Vice President.

2. The appropriate Vice President must be provided with copies of all written materials, recordings, and any other documents generated regarding the complaint at Levels I and II.

3. The purpose of Level III is to make one last attempt to resolve the issues to the satisfaction of the parties involved. To that end, the appropriate Vice President shall, within ten (10) instructional days of receiving the referral, assemble the complainant(s), the staff member(s), the appropriate administrator from Level II, and the immediate supervisor/designee. (This meeting shall be tape recorded by the appropriate Vice President. These recordings shall be the exclusive property of the College/District and shall become part of the complaint file.)

4. If the appropriate Vice President is able to resolve the difference(s)/complaint(s), such resolution shall be established in written form and shall be validated by the signatures of all parties involved. This agreement shall become part of the file and copies of same shall be made available to the complainant(s), staff member(s), appropriate administrator, and immediate supervisor/designee.

5. If the appropriate Vice President is unable to resolve the differences/complaint(s), he/she shall assemble the Hearing Panel within ten (10) instructional days of that determination. He/she shall provide the Hearing Panel with the procedure to be used and answer any procedural questions which may arise. See Student Complaint Hearing Panel Procedure 4F9(b).

The non-voting Chair of the Hearing Panel (not a Standing Committee member) shall be appointed by the College President. The Student Complaint Hearing Panel shall be composed of selected members of the Standing Committee and an ad hoc member as follows:

If the complaint is against a faculty member, the Hearing Panel shall consist of:

• Two (2) faculty members
• One (1) student member
• One (1) classified member
• One (1) administrator
• One (1) ad hoc voting member appointed by the Academic Senate President

If the complaint is against an administrator, the Hearing Panel shall consist of:

• Two (2) administrators
• One (1) student member
• One (1) faculty member
• One (1) classified member
• One (1) ad hoc voting member appointed by the College President

If the complaint is against a classified staff member, the Hearing Panel shall consist of:

• Two (2) classified members
• One (1) faculty member
• One (1) administrator
• One (1) student member
• One (1) ad hoc voting member appointed by the CSEA or Classified Senate President. See Procedure 4F9(b) of the KCCD Board Policy Manual for the Hearing Panel Procedures.