From Student Handbook, Gavilan College, 2011

Students' Problem Resolution Process

Reference: AP5530

Conflict and miscommunication are, unfortunately, a fact of life. Choosing how we deal with difficult issues becomes a personal choice we all must make.

In the educational environment, there are also times when a student and a college employee (faculty/teacher/instructor, support staff, or administrator) may have a problem or issue which needs some clarification and resolution. Therefore, Gavilan College has a procedure to help students address problems and work on solutions that hopefully benefit all the people involved.

The following process for resolving issues is called THE STUDENTS' PROBLEM RESOLUTION PROCESS and applies to specific situations on campus.

There are also times when the students' attempt to resolve problems must follow laws determined by the Federal Office of Civil Rights. These situations include alleged discrimination or harassment around race/ethnicity, sexual harassment, disability, religion, gender, color, national origin and age. If you feel you have experienced discrimination based upon any of these actions, you must follow a separate procedure available from the Gavilan College affirmative action officer. Consult with the staff at the office of the Vice President of Administrative Services located in HR 101.

The areas covered by the STUDENTS' PROBLEM RESOLUTION PROCESS can include an issue with a grade (within Education Code 76224 limitations), poor communication or negative behavior between you and a staff member, etc. We encourage you to speak with a counselor for assistance in clarifying your issues and understanding the correct process to follow.

If your problem is with a faculty member, you need to be aware of the concept and rights surrounding "academic freedom."

Academic Freedom

It shall be the policy of the college to maintain and encourage full freedom for its faculty, to teach, research and pursue knowledge subject to the applicable provisions of law.

In the exercise of this freedom the faculty member may, as provided in the U.S. and California Constitutions and other applicable laws, discuss his/her own subject or area of competence in the classroom, as well as any other relevant matters, including controversial matters, so long as she/he distinguishes between personal opinions and factual information.

Faculty shall be free from unlawful harassment or from unlawful interference or restrictions based on political views.

Faculty shall be free from any and all forms of electronic or other listening or recording devices, except with his/her express and non-continuing consent, except where allowed otherwise by law.

The Board shall not unlawfully inquire into, nor predicate any adverse action upon a faculty member's personal, political or organizational activities or preferences.

The Board shall not interfere with a faculty member's freedom of speech or use of materials in any teaching assignment, except as allowed by law.

The intent is to allow those activities protected by constitutional freedom of speech and other forms of academic freedom protected by the laws of the State of California and the laws of the United States. (From the Gavilan College Faculty Contract, Article VII, Academic Freedom.)

The college also recognizes and understands the hesitation you may feel when considering addressing a problem with an instructor. You may fear that your grade in the class may suffer, you may later need to take another course from this instructor, or that "nothing will change, so why bother?"

Because of these perceptions, you may sometimes think it is not worth trying to clear up a misunderstanding or resolve a conflict. We hope that you do try to resolve any problems, as unresolved issues take energy away from other aspects of your life.

The basic premise of any problem-solving is that you must discuss the problem with the person who is directly involved. Although this is sometimes difficult, it is the best way to resolve a problem.

This PROBLEM RESOLUTION PROCESS also requires this first step.

Preparation for your problem-solving session includes asking yourself the following:

   1. What was the specific behavior with which I have a problem?

   2. How did this behavior make me feel?

   3. What specific actions do I want to see as part of a possible resolution?

Too frequently our emotional reactions to an incident cloud the actual behavior to which we are reacting. These common reactions can also prevent us from clearly stating what we would like to have happen as a resolution.

You can work on identifying the problem alone or work through it with a counselor, staff member or friend. This preliminary thinking should help you present your concerns in a clear and concise manner.

A Checklist for Clarifying the Issue

Steps for Students' Problem Resolution Process:

The purpose of this procedure is to provide a prompt and equitable means to address complaints as applied to and regarding academic, administrative, and instructional matters relating to students, and including, but are not limited to, any complaints dealing with any certificated, classified, or management employee of Gavilan College.

The areas covered by this procedure can include, but is not limited to poor communication, or negative behavior between the student and a college representative. Students with issues regarding grades must be aware of the Education Code Section 76224 (a) which govern grievances relating to course grades. The code states: "When grades are given for any course of instruction taught in a community college district, the grade given to each student shall be the grade determined by the instructor of the course and the determination of the students' grade by the instructor, in the absence of mistake, fraud, bad faith, or incompetence, shall be final".

This procedure is not appropriate for situations regarding alleged discrimination or harassment around race/ethnicity, sexual harassment, disability, religion, gender, color, national origin, and age (please refer to AP 5530).

This procedure guarantees to the student or students involved the due process rights guaranteed to them by state and federal constitutional protections. This procedure will be used in a fair and equitable manner, and not for purposes of retaliation. It is not intended to substitute for criminal or civil proceedings that may be initiated by other agencies.

STEP 1: Within ten (10) school days of an incident, a student must meet with the person with whom they have a problem. The student may bring another person of their choice (i.e., staff, friend, student) to the meeting. This person is not to speak for the student, but can provide support and quiet encouragement.

    Check Graphic: Checkmark when step one is complete

    If the student is still dissatisfied, the student must notify the staff person that they will be taking the problem to the next step.

STEP 2: Within ten (10) school days of Step 1, the student must meet with the department chairperson or supervisor of the person with whom they have the problem. The department chairperson or supervisor can ask the student, the students' supporter, and the staff member to meet together, or meet separately with the student and the staff person with whom there a problem. The department chairperson/supervisor can meet with the student again to discuss the problem, review what occurred at the previous meeting (Step 1) and discuss the students' proposed resolution. The student may bring to the meeting the same person from the first meeting to act as a supporter.

    Check Graphic: Checkmark when step two is complete

    If the student is still dissatisfied, the student will move to Step 3 of the process.

STEP 3: The student must meet with the dean of the related area within ten (10) school days of Step 2. This meeting will include the student, the department chairperson/supervisor, and the dean of the related area. During this meeting the outcomes of prior discussions will be reviewed and proposed resolutions discussed.

    Check Graphic: Checkmark when step three is complete

    If the student is still dissatisfied, the student will move to Step 4 of the process.

STEP 4: Within ten (10) school days of Step 3, the student must meet with the Vice President of the area. During this meeting the outcomes of prior discussions will be reviewed and proposed resolutions discussed.

    Check Graphic: Checkmark when step four is complete

    If the student is still dissatisfied, within five (5) school days, the student must notify the Vice President with whom they met in step 4, that a hearing committee review is requested to resolve the issue. This request will be forwarded to the Superintendent/President of the College who, within five (5) school days from receiving the request, will convene a hearing committee at a time to be determined by the college President.

STEP 5: Within five (5) school days after receiving a request, the Superintendent/President of the College will convene a committee to hear the issue.

This committee will be composed of:

   1. A student appointed by the ASB

   2. One faculty member from an unrelated discipline appointed by the Faculty Senate

   3. One faculty member appointed by the Counseling Department chairperson

   4. One member of the classified staff from an unrelated area appointed by the Professional Support Staff President

   5. One area Dean or vice president from an unrelated area appointed by the college Superintendent/President

   6. The department chairperson or supervisor from the area involved.

The Hearing Committee will conduct the hearing in private. They will call the student or related personnel if they think it will help resolve the problem. The committee will make recommendations for a win-win resolution and forward these recommendations to all the involved parties and the Superintendent/President of the College.

    Check Graphic: Checkmark when step five is complete

    If either the student or the college staff member is not satisfied with the recommendations of the Hearing Committee, the next step in the process, an appeal, will follow. The student must request an appeal within five (5) school days after the Hearing Committee's recommendations were received by the student and the related college staff member. If not, the resolution process is closed and there is no appeal.

STEP 6: An appeal may be made to the college Superintendent/President.

This step requires that the student or the other staff member involved write a letter outlining the action taken so far and the hoped-for resolution. The College Superintendent/President will review this letter and the recommendations from the Hearing Committee. She/he will schedule and hold a private meeting with the student to discuss and, hopefully, resolve the problem.

    Check Graphic: Checkmark when step six is complete

    If the student or the staff member does not feel satisfied with the President's resolution, a final step may be taken.

STEP 7: A written appeal may be made to the college's Board of Trustees.

The Board must respond in writing within thirty-five (35) school days of receiving the written appeal. This is the last step in the college's Problem Resolution Process. Decisions at this level are final.

    Check Graphic: Checkmark when step seven is complete

School Day: For the purposes of this procedure, a "school day" is any Monday through Friday that all normal college business is conducted, both in the classroom and in the administrative offices. All weekend and college holidays are not considered school days.