NC State is committed to mutual respect among all constituents of the university
community. This commitment includes students, faculty, staff, and administration
alike. In all concerns about fair treatment, we seek to work together to understand
and address those concerns without having to resort to formal grievance procedures.
When that is not possible, we are at all levels committed to a fair and reasonable
resolution of issues through a formal grievance process guided by the information
and documentation provided in the process. The regulation described below guides
the orderly procedure of grievance, and attempts at resolution.
- What May Be Grieved
- This procedure is to be used to resolve grievances against decisions or
actions that were made by employees or agents of North Carolina State University.
- An action or decision is grievable only if it involves a misapplication
or misinterpretation of University policy, regulation, or rule, or state
or federal law. Grievances may not be used to challenge policies or procedures
of general applicability.
- In addition, this procedure may not be used to grieve:
- Claims based on purchases or contracts;
- Claims against an employee on matters that are unrelated to the employee's
job or role at the University;
- Disciplinary decisions, since there is a separate procedure (administered
by the Office of Student Conduct) for them; or
- Where another University procedure could have been used for the matter
being grieved (e.g. residency appeals).
- Who May Grieve
The procedures set forth below may be used by grievants who are enrolled
as NC State students, or who are participating in an NC State-sponsored educational
event, at the time of the incident being grieved. The person filing the grievance
must be the alleged victim of unfair treatment; a grievance cannot be filed
on behalf of another person.
- Other Remedies
The existence of this procedure does not bar grievants from also filing claims
in other forums to the extent permitted by state or federal law.
- Time Limits
The formal resolution process described below must be initiated within 60
days of the decision, action, or events giving rise to the grievance. This
time limit may be extended by the dean or vice chancellor with jurisdiction
over the grievance, if the grievant makes the request for extension within
the 60 day period, for good cause shown (e.g., an active effort at informal
resolution at the departmental level, college level, or Office for Equal Opportunity).
- Informal Resolution, Generally:
The grievant should first discuss the issue with the person(s) responsible
for the action or decision being grieved, and with that person's supervisor
(or higher administrative authority), if feasible. This is not required in
cases where the grievant believes that efforts at informal resolution may
result in retaliation or other unfair treatment. The parties may also confer
with the Division of Human Resources, Office of Equal Opportunity (OEO), or
Faculty Senate representatives about the use of mediation as part of an informal
resolution process.
On those occasions where contact between the dean or vice chancellor and
the student is inevitable or deemed potentially useful the dean or vice chancellor
should clarify for the student the difference between his/her role at the
informal stage of resolution and what it would be at the formal stage of resolution.
- Informal Resolution, Civil Rights Grievances:
If a student believes that he or she has been discriminated or retaliated
against based upon race, color, religion, sex, age, national origin, or disability,
s/he should notify the NC State Office for Equal Opportunity. The Office for
Equal Opportunity may discuss the issue with all parties and attempt to facilitate
an informal resolution. The Office for Equal Opportunity shall make efforts
to resolve the issue as soon as practical, and shall maintain a record of
all communications and documents. This record shall be kept confidential to
the extent required and allowed by law.
- Grade Grievances - Formal Resolution:
- Students should first pursue informal resolution of grade grievances.
If informal resolution is not satisfactory or the time limit for filing
a formal grievance is about to expire, then the student may proceed as follows.
- If a student grieves a grade on the basis that it was given in violation
of state or federal law, the formal resolution procedures set out in sections
VIII through XV below will apply.
- Otherwise, grade grievances must be presented in writing to the department
head for resolution. The department head (or designee) shall inquire into
the matter and send a written decision to the student and faculty member.
If the student remains unsatisfied, (s)he may grieve in writing to the dean
of the college. The dean or dean's designee(s) shall review the written
grievance, any written response the instructor submits within a time limit
to be decided by the dean, and the department head' s decision. The dean
may designate another administrator, or a panel, and may include a student
on the panel, to fulfill this duty. The dean (or designee) may in his/her
discretion meet with the student and/or instructor together or separately
to discuss the matter. A detailed record of such discussions shall be written.
The dean (or designee) shall prepare a written decision and send it to the
student, faculty member, and department head. All documents and any tape
recordings that are part of the dean's review will be compiled into a record
of the grievance. If the matter is appealed beyond the dean's office, the
record shall be forwarded to the Office of Legal Affairs, and the appeal
will be governed by sections XV and XVI below. Note: These procedures
are laid out to guide the formal grievance of final grades only. Test grades
and partial grades are not deemed appropriate for formal grievance.
- In no event shall persons who review a grade grievance substitute their
subjective judgment about academic quality for the judgment of the instructor.
However, grievances may be substantiated if it is determined on the basis
of the evidence that the grade was based on a factor other than academic
merit, or if there has been a clear error in grading based on objective
criteria.
- Other Grievances - Formal Resolution:
- Step One:
- If informal resolution is not successful, the student may file a grievance
by sending a request for hearing along with the following information
to the dean or vice chancellor with supervisory authority over the person(s)
named in the grievance as causing harm to grievant. The grievance must:
- be in writing;
- state how the decision or action is unfair and harmful to the grievant
and list the University policies or state or federal laws that have
been violated, if known;
- name the respondent parties (the person(s) against whom the grievance
is filed);
- state how the respondents are responsible for the action or decision,
- state the requested remedy; and
- state whether the grievant will bring an observer to the hearing
and, if so, whether the observer will be an attorney.
- If it is clear on the face of the written grievance that the grievance
has not been filed within the time limit, or pertains to a matter not
grievable under this procedure, or is from a person without grievance
rights under this grievance, the dean or vice chancellor shall so indicate
in a letter to the grievant. Otherwise, within ten University business
days, the dean or vice chancellor, or a designee, shall appoint a panel
of four persons to hear the grievance and shall provide them with a copy
of these procedures and the written request for hearing. Panel members
shall include two students and faculty or staff members who are not part
of the same office or immediate administrative unit as the respondent(s).
- If the respondent is a dean or vice chancellor, the grievance process
should be administered by the chancellor or designee.
- Panel members should have no personal interest in the outcome of the
proceeding, and should not have any personal involvement in earlier stages
of the matter.
- Step Two:
The panel shall meet, elect a chair, and send the grievant's hearing request
to the respondent(s), all within ten University business days of being appointed.
The panel shall offer respondent(s) an opportunity to provide a written
response to the allegations within ten University business days to the panel
chair. The panel may also instruct the parties that they have ten University
business days to provide each other with (i) copies of any exhibits they
wish to introduce as evidence, and (ii) a list of witnesses that each party
will call. However, the parties should not provide such materials to the
panel members except in the hearing. The panel may extend the deadlines
for submitting a response and for exchanging proposed exhibits upon a showing
of good cause.
- Step Three:
- The panel shall notify the parties of the hearing date, time, and place
at least ten University business days in advance of the hearing. (The
panel may schedule additional days for hearing, if needed, after the hearing
is underway, so long as all parties receive reasonable advance notice
of the additional dates.). The response to the grievance must be distributed
to all parties at least ten University business days prior to the hearing.
- The hearing must be tape recorded so that all persons can be clearly
heard, or recorded by a court reporter.
- Each party may choose to have one observer present who is not a witness.
Observers may not provide representation or otherwise participate in the
proceeding, but may speak to their respective parties off the record so
long as it does not interfere with the hearing. However, students may
have attorney representation in hearings required by the Family Educational
Rights and Privacy Act.
- The panel may request procedural advice from an attorney in the Office
of Legal Affairs. If the grievant has an attorney as an observer, the
respondent(s) may request an attorney from the Office of Legal Affairs,
other than the one advising the panel, to act as their observer. Respondents
may not otherwise have an attorney for their observer. Availability of
attorneys from the Office of Legal Affairs is subject to staffing levels
and conflicts.
- The panel has the authority to rule on procedural matters not otherwise
addressed in University policies and procedures. The panel may decline
to consider evidence for reasons of excessive redundancy, immateriality,
irrelevance, and other good cause.
Formal rules of evidence will not apply, and the panel may consider any
evidence it believes to be relevant and reliable.
- Each party may make an opening and closing statement (grievant first
and respondent second in opening; grievant first, respondent second, and
grievant last in closing) of a time duration to be determined by the panel.
After any opening statements, the grievant shall present his/her testimony
and exhibits, and present any witness testimony. The respondent(s) shall
have an opportunity to ask questions of the grievant and witnesses. The
next step is for the respondent(s) to present any testimony, exhibits,
and witnesses, to be followed by questioning from the grievant. Rebuttal
and other follow-up testimony is at the discretion of the panel. Panel
members may ask questions or request additional information, documents,
or witnesses at any time prior to adjournment.
- Step Four:
The panel shall compile an official record of the proceeding that includes
a copy of all correspondence with the parties, all evidence submitted to
the panel (documentary evidence that the panel declined to consider must
be so marked and segregated), the recording or transcript of the hearing,
and anything else considered by the panel in reaching its recommendation.
The panel shall write a report that addresses and resolves all material
factual issues in dispute, that states a conclusion as to whether the student
was subjected to misapplication or misinterpretation of University policy
or state or federal law, and if so recommends remedies as appropriate. The
report and official record shall be delivered to the vice chancellor or
dean who appointed the panel, with copies of the report to be sent to the
parties, within sixty calendar days after the hearing. A dissenting panel
member may file a minority report at the same time.
- Step Five:
The vice chancellor or dean (or designee) who appointed the panel shall
issue a written decision within twenty University business days of receipt
of the panel's report and official record. The decision may either adopt
the panel report in whole, modify it in part, or reject the report and reach
different findings or conclusions for reasons expressly stated. This decision
shall be sent to the parties (certified mail return receipt, or personal
delivery with a signed and dated receipt, to the grievant) and may be shared
with the panel members.
- Confidentiality:
Panel members, witnesses, parties, and all other persons involved in the
grievance proceeding are expected to maintain strict confidentiality regarding
the proceeding. State and federal laws govern the privacy rights of students
and employees. Any questions about the disclosure of information should be
directed to the panel in writing, and the panel may consult with the Office
of Legal Affairs.
- Ex Parte Contacts:
Once a hearing (formal resolution) has been requested, there should be no
ex parte communication between parties and panel members concerning the merits
of the case. An ex parte contact or communication is one sided; it occurs
when one person shares information with a panel member without including all
other parties. To prevent this from occurring, all communications that (a)
occur outside the recorded hearing, and (b) are between one or more parties
and one or more panel members, should be in written form and distributed simultaneously
to all parties and panel members. Discussion of the merits of the case or
presentation of evidence outside the hearing should be avoided. The rule against
ex parte contacts also applies to communication with the final decision-maker
and everyone who is responsible for deciding appeals.
- Appeal Routes:
Graduate students (including those in Veterinary Medicine) may appeal grievance
decisions to the Graduate School pursuant to the procedures of the Graduate
School. Appeals from decisions of the Graduate School and from decisions of
all deans and vice chancellors not involving a graduate student are subject
to the following procedures. Once a decision has been issued by the appropriate
dean or vice chancellor, or an appeal has been decided by the Graduate School,
that decision may be appealed as follows.
- Grievances over receipt of academic degrees or assignment of grades may
be appealed to the provost, then to the NC State Board of Trustees. The
decision of the Trustees shall be the final level of appeal. (UNC Code,
Appendix part III.).
- Grievances over admissions decisions may be appealed to the provost, then
to the NC State Board of Trustees. The decision of the Trustees shall be
the final level of appeal. (UNC Code, Appendix part VIII.).
- Grievances over matters of student conduct, activities, or government
may be appealed to the provost, then to the NC State Board of Trustees.
(With respect to student conduct, note that this grievance procedure does
not apply to disciplinary decisions.) The decision of the Trustees shall
be the final level of appeal, unless it is alleged that the policy, action
or decision being appealed violates any law or constitutional provision
of North Carolina or of the United States, the University Code or policies
of the Board of Governors, in which case the appeal may proceed as set forth
in "D" below. (UNC Code, Appendix part XII.)
- All other grievances may be appealed to the provost, then to the NC State
Board of Trustees, then to the UNC Board of Governors if the appeal is based
on violations of the policies, rules, or regulations of the Board of Trustees.
(UNC Code, section 501 C(4).).
- All other grievances may be appealed to the provost, then to the UNC
President, then to the UNC Board of Governors. (UNC Code, section 501 C(4)).
- Appeal Procedures:
- The aggrieved party may appeal the decision of a dean or vice chancellor
or the Graduate School by delivering written notice of appeal to the provost'
s office, with a copy to the dean or vice chancellor, within ten University
business days after receipt of the decision. Appeals received more than
ten days after the decision was received (or delivery of the decision was
attempted) will not be allowed and the decision made by the vice chancellor
or dean shall be final.
- Written notice of appeal must (i) identify the parties, (ii) provide a
brief statement of the grounds for appeal, which at minimum should contain
a list of alleged errors in the decision or decision-making process, (iii)
to the extent possible, state which law(s), UNC Code section(s), or Board
of Governors policy(ies) has been violated by each of the alleged errors,
(iv) indicate what remedy is requested, (v) be signed by the appellant and
dated, and (vi) include a copy of the decision being appealed.
- Once notice of appeal has been delivered, the responsible dean or vice
chancellor shall forward the record of the case to the University's general
counsel. The record shall consist of all information considered in the decision-making
process (see part XII above), the panel's recommendation, and the decision(s)
of the dean(s) or vice chancellor. The record shall be compiled in chronological
order to the extent feasible, and shall include a table of contents for
ease of reference. The University's general counsel will forward the record
to the provost.
- The provost may ask the parties to submit written statements of their
positions for purposes of appeal. The provost will render a decision based
on review of the record of the case and any written appeal statements submitted
by the parties at the provost's request. There is no right to a hearing
or oral presentation in appeals.
- Appeals to the NC State Board of Trustees shall be governed by Trustee
policy and such other procedures as the Trustees may specify. Appeals to
the President and the Board of Governors shall be governed by such procedures
as they specify.
- Modification:
The chancellor may approve modification of the foregoing procedures in a
particular case if the modification (a) is for good cause, and (b) does not
violate due process rights, policies of the NC State Board of Trustees, or
policies and rules of the University of North Carolina.
