Complaint Procedures

A student who believes that a policy of the College has been violated may make a complaint following the procedures outlined in this section.   When possible, a student should attempt to resolve the complaint informally, by bringing it to the attention of the individual(s) or the immediate supervisor of the individual(s) directly involved.   However, when informal methods fail, the College will assist in the resolution of complaints through these formal procedures.

Types of Complaints

The College has established procedures for each of the following types of complaints:

• Equal Opportunity Complaints, including discrimination in employment/educational opportunity, sexual and other forms of harassment.
• Academic Complaints, usually involving a grade received in a course
• Student Conduct Complaints, involving a violation of the Student Conduct Code
• The procedures for each type of complaint are provided in this section.

Equal Opportunity / Sexual Harassment / Harassment Complaints

The College's policies on equal opportunity and sexual harassment are provided in the catalog and are administered by the College's Affirmative Action/Equal Opportunity Officer.   That officer is Jill Davis, 2100 16 th Avenue South , Great Falls , MT    59405 .   (Telephone: 771-4311; E-mail: jdavis@msugf.edu).    If a student believes that his/her right to equal opportunity has been violated, he/she should take the following steps:

• Discuss the situation with the individual(s) immediately involved.   If unable or unwilling to discuss the matter with this individual, discuss it with a counselor or the supervisory staff most closely associated with the individual directly involved (e.g., the teacher of the class if the individual is another student, or the department chair if the individual is a faculty member, etc.).
• If an acceptable resolution cannot be reached informally, or if such a discussion is not possible, the student may take her/his complaint to the College's Complaint Intake Officer, Mary Orham , located in Academic Resources, who will briefly discuss the nature of the complaint with the student and direct the complaint to the appropriate official.   Generally, the Equal Opportunity Officer tries first to facilitate a resolution to the complaint through informal methods. However, this step may be bypassed at the discretion of the investigator or at the request of the complainant.
• If all informal processes fail to produce a satisfactory resolution, the complainant may choose to submit a formal complaint. To expedite an accurate investigation and a fair resolution of the problem at this level, the complaint should be stated in writing and should be brought to the Complaint Intake Officer as quickly as possible. The written complaint should describe the specific act(s) alleged to be in violation of the College's EEO policies, the complainant's attempts, if any, to resolve the grievance informally and the precise remedy sought by the student.   Complainants may use their own format for written complaints, or they may obtain a Formal Complaint Form from the Intake Officer.
• All communication with the Intake and Equal Opportunity Officers will be held in confidence; however, the Equal Opportunity Officer may, in certain cases, assign the investigation of the complaint to another appropriately qualified individual and provide that individual with access to all documents and witnesses, with the understanding that all communication with the investigator will be held in confidence. All reasonable attempts will be made to complete the investigation within 15 working days of the submission of the complaint. However, extensions of this time frame may be necessary in certain cases.
• Once an investigation has been authorized, the College is obligated to see it through to completion. Only the Dean of the College and the Equal Opportunity Officer have the authority to halt an investigation. When the investigation has been completed, the Equal Opportunity Officer will evaluate the evidence gathered and submit a Report of Findings to the Dean of the College within 10 working days of receipt of the Investigation Report, unless extenuating circumstances require an extension of that deadline.
• Either party may appeal the Equal Opportunity Officer's findings from the investigation by submitting a written request for review to the Dean of the College. The request for review must be submitted within ten (10) working days after the student is notified of the findings of the Equal Opportunity Officer.   The Dean will receive and review all evidence and render a written decision with recommendations as to resolution within ten (10) working days of receipt of the request for review, unless extenuating circumstances require an extension of this time frame.
• At any time prior to, during or following the completion of the internal investigation process, complainants are entitled to contact and/or submit complaints to external civil rights organizations.

Academic Complaint Procedures

Students who disagree with an academic decision made by an instructor or administrator, including the assignment of grades or decisions about program or degree requirements or eligibility, may file an academic complaint.   The academic complaint procedures are administered by the Associate Dean for Academic Affairs, Dr. Vernon L. Pedersen.   These procedures are designed to be used when a specific action or decision of a College instructor or administrator had a specific adverse effect on the academic performance or academic record of a student or students.   Complaints about the general quality of the performance of an instructor or other College employee are to be addressed through the personnel evaluation processes in place at the College.  

The academic action or decision, including the assignment of a grade, will be considered unfair if the decision is made:

• On some basis other than performance in the course and/or compliance with course/College requirements;
• By more exacting or demanding standards than were applied to other students in the same section or circumstances;
• By a substantial departure from the instructor's, department's, or College's announced standards as articulated in the course syllabus, catalog descriptions, policies, and/or other written materials.
• A student who wishes to make an academic complaint must follow these steps:
• Informal Meeting.   T he student should attempt to resolve the matter directly with the instructor or administrator through a personal conference as soon as possible after the academic decision is known.
• Department Head/Director Review. If the student and instructor/administrator cannot reach a mutually satisfactory resolution to the problem, the student may file a formal grievance. The grievance must be presented in writing to the instructor's/administrator's Department Head within ten (10) working days after the student became aware of the academic action/decision.   The student must describe the grievance by explaining the specific adverse effect of a specific act(s) or decision of the instructor/administrator, why the student believes the act/decision was unfair, the student's attempts to resolve the grievance informally and the precise relief sought by the student. The student may attach copies of any relevant documents to the formal grievance.

If a student requests assistance, a counselor in the College's Student Services Department will explain how to complete the written grievance formalizing the complaint, as well as how to follow any remaining steps of the formal procedure that the student considers.

The student will send a copy of the grievance to the instructor/administrator, who will have ten (10) working days to respond after receipt of the grievance.

The Department Head/Director will receive and review all evidence, interview each party, if possible, and render a written decision with recommendations as to resolution within ten (10) working days of receipt of the instructor's response. If the grievance is not concluded within this time, the student may carry it forward to the Associate Dean for Academic Affairs.

• Associate Dean's Review.    Either party may appeal the Department Head's/Director's decision in writing to the Complaint Intake Officer, Mary Orham , for review by the Associate Dean for Academic Affairs, with copies given to the instructor, student and the Department Head/Director. Such appeal will be filed within five (5) working days of receipt of the Department Head / Director's determination. The Associate Dean will submit a written decision to the student, instructor, and the Department Head/Director within ten (10) working days of receipt of the appeal. The decision of the Associate Dean is the final decision of the College.

STUDENT CONDUCT COMPLAINTS

I. STUDENT CONDUCT CODE

Montana State University-Great Falls College of Technology expects all students to conduct themselves as honest, responsible and law-abiding members of the academic community and to respect the rights of other students, members of the faculty and staff, and the public to use the College's facilities and participate in the College's programs. Student conduct that disrupts, invades or violates the personal, educational, or property rights of others is prohibited and may be subject to disciplinary action, including dismissal and/or referral for prosecution.

II.   JURISDICTION OF STUDENT CONDUCT COMPLAINTS

Conduct violations which occur on College property or at College-sponsored events are subject to the College's disciplinary jurisdiction. The College may also apply this code to student conduct, regardless of where it occurs, which adversely impacts or affects the overall mission, programs, and functions of the University or the health and safety of members of the University community.

Students who commit offenses against the laws of the city, state or United States are subject to prosecution by those authorities and may be subject to disciplinary action under this code if the offenses are also violations of this code.   The College's disciplinary proceedings may precede, follow, or take place simultaneously with criminal proceedings and will not be subject to challenge on the ground that criminal charges involving the same incident have been dismissed or reduced.

The College's Student Conduct Review Board responds to cases involving alleged violations of the Student Conduct Code. The Board is a standing committee presided over by the Director of Student Services .   Its members are appointed annually by the Dean and include at least two professional staff, three faculty, and two students.

III. STUDENT CONDUCT COMPLAINT PROCEDURES

A. Filing charges.

If informal attempts to resolve a student conduct complaint fail, any student, faculty or staff member of the College may file a formal complaint through the Director of Student Services . The formal complaint must be in writing and must contain at least the following information:

• The name and address (if known) of the student alleged to have violated the Student Conduct Code.
• The date (s) the incident (s) occurred;
• The location where the incident (s) occurred;
• A description of the incident which sets forth sufficient details to establish a possible violation of the Student Conduct Code.

B. Pre-hearing procedures.

1. The Director of Student Services will conduct an inquiry into the alleged violation to determine whether a violation of the Student Conduct Code has occurred.   If the Director concludes that sufficient evidence does not exist to make that determination, (s)he will so notify the person filing the complaint in writing.   The person who filed the charge initially may appeal this decision to the Student Conduct Board under the procedures provided in Section    

• If the Director concludes that sufficient evidence of a violation of the Student Conduct

Code does exist, (s)he will conduct a pre-hearing meeting with the charged student.   At the meeting, the Director will notify the student of the charges, summarize the results of the investigation, explain the sanction that the Director/designee has determined is appropriate, and outline the hearing procedures.   

2. If the sanction (s) to be imposed can be agreed upon by the Director and the charged student, a Sanction(s) Agreement will be prepared and signed by both the student and the Director. By signing the Agreement, the student waives the right to a hearing and any appeal and agrees to accept the sanction(s).

3. If a student wishes to contest the sanction(s) recommended by the Director, he or she must make a written request for a hearing of the charge(s) and submit the request personally or by mail to the Director of Student Services within three (3) working days following the pre-hearing meeting, unless the student can show good cause for the extension of the deadline. (The parameters of "good cause" will be circumstances which were beyond the student's control; e.g., illness, death in the family.)

C. Scheduling the Hearing.  

When a hearing is requested, the Director of Student Services will convene the Student Conduct Review Board to schedule the hearing in as timely a manner as possible.   T he charged student shall be given notice of the scheduled hearing at least seven calendar days prior to the date of the hearing (except a hearing on the alleged violation of Interim Restrictions imposed under Section VIII. may be called with one day's notice to the student). Such notice shall be in writing and shall include the following:

• The specific charge (s) citing the College policies or regulation (s) allegedly violated.
• A description of the alleged violation (s), including the time and place of the alleged act (s) (insofar as may reasonably be known) and a summary of the information upon which the charges are based.
• The time and place of the hearing.
• The procedures to be followed in the hearing.

D. Hearing Procedures.

Hearings of Student Conduct Complaints shall be conducted by a Hearing Committee of the Student Conduct Review Board.   The Hearing Committee will consist of one faculty, one professional staff, and one student selected from the Board by the Dean.   The Committee will be presided over by an administrator appointed by the Dean.   The hearing shall be conducted according to the following guidelines:

• The member (s) of the Committee shall be impartial, i.e., without personal bias in favor of or against the charged student.
• The administrative member of the Committee will preside over the hearing, but will not vote.   The administrator will determine whether the hearing will be an open meeting.
• The Director of Student Services will present the case to the Hearing Committee, but will not vote.   
• Minutes will be kept by a recording secretary provided by the College, and an audiotape may be used to record the hearing. The audiotape is the property of the College.
• The College will proceed with a hearing in any case in which the student fails to appear after receiving proper notice. Proper notice is defined as one letter to the student's last known address.
• The charged student has the right to be assisted by any individual he/she chooses, at his/her own expense.   The assistant may not be an employee of the College.   The student is responsible for presenting his/her own case; therefore, assistants are not permitted to speak or participate directly in any hearing.
• The presiding shall control the hearing, and shall make all decisions regarding evidentiary and procedural questions.   
• The student requesting the hearing and the Director of Student Services must submit all evidence and a list of persons who will testify to the presiding officer no later than three working days before the hearing date for the presiding officer's review to determine admissibility. Evidence and witness names not submitted to the presiding officer three days before the hearing date will not be allowed at the hearing unless there is good cause for exception, as determined by the presiding officer.  The student and the Director will have opportunity to review evidence and lists prior to the hearing. The decision of the presiding officer on the admissibility of the evidence and witnesses, as well as all other procedural matters, is final.
• Any person, including the student requesting the hearing, who disrupts a hearing or who fails to adhere to the rulings of the presiding officer may be excluded from the proceedings.
• The Complaint Committee's determination shall be made on the basis of whether it has been proven by a preponderance of evidence that the Director of Student Services reached the appropriate determination(s) in response to the original complaint.
• The decision of the Complaint Committee, along with any sanctions imposed, shall be in writing.
• The record of the hearing shall consist of written minutes of the hearing, any documentary evidence presented, the audiotape, if made, and the written decision of the hearing board.
• The entire record shall be forwarded to the designated College official responsible for imposing sanctions.
• The decision of the Complaint Committee and any sanctions imposed may be appealed to the Dean of the College as set forth in Section VI.

VI. APPEALS

A. Appeal to the Dean.  

A student may appeal the decision of the Complaint Committee of the Student Conduct Review Board by delivering a letter of appeal to the Dean within five (5) working days of the student's receipt of the Complaint Committee's decision. The letter of appeal shall specifically allege and factually support one or more of the following grounds:

• There was an error in the procedures or in the interpretation of the Student Conduct Code which substantially affected the student's ability to receive a fair hearing;
• The student has discovered new evidence, not previously available, which would have materially affected the decision; or
• The sanctions imposed are too severe, given the nature of the violation.

If a sufficient claim is presented under one or more of the specified grounds, the Dean of the College shall request a copy of the record of the hearing. Within fourteen (14) calendar days from receipt of the record, the Dean shall review the entire record and render a written decision. The   Dean may remand the case to the Complaint Committee for further findings of fact or clarification. The decision of the Dean shall be based only on the record and shall be the final decision of the College. A copy of the decision shall be sent by certified mail to the charged student and the complainant and will be included in the record, which will be returned to the Director of Student Services . 

B. Other Appeals.  

In compliance with Policy of the Montana Board of Regents of Higher Education, a student may appeal the decision of the Dean to the President of Montana State University.   The student should contact the President's office to be apprised of the appeal procedures at the University level.

VIII. INTERIM RESTRICTIONS

• The Dean of the Director of Student Services or their designee may impose interim restrictions upon a student pending the resolution of disciplinary proceedings if there is reason to believe that the student's conduct poses an imminent and substantial threat of injury to or interference with persons or property.
• Interim restrictions may include, but are not limited to, the following:
• Restriction of communication with named individuals or groups within the University community;
• The requirement to secure advance authorization to engage in a specified activity; and/or
• Professional evaluation, intervention and/or treatment.
• The official imposing the interim restrictions shall notify the student in writing of the restrictions imposed and shall schedule a meeting with the student to be held within two working days after the imposition of the interim restrictions. If the student is unable to attend for good cause, the meeting or the hearing before the Student Conduct Board will be held as soon as the student is able to attend.
• At the meeting the student shall be informed of the basis of the allegations that led to the imposition of the Interim Restrictions and shall be offered the opportunity to explain his position regarding the charges and the imposition of the Interim Restrictions. If, after hearing the student's position, the official believes the imposition of the Interim Restrictions was made in error or is too restrictive, he/she may rescind or modify the restrictions. Otherwise, the restrictions shall continue until the decision is rendered in the disciplinary proceedings.
• In cases where interim restrictions have been imposed, the hearing shall be held as soon as possible, but not later than 30 days from the date of the imposition of interim restrictions.
• The time limitations set forth in this section may be expanded upon the consent of the student.

IX. RECORDS AND CONFIDENTIALITY

• The Director of Student Services will maintain disciplinary records, including but not limited to, the student's name and related identifying information, applicable Student Conduct Code section (s), parties involved, description of the incident, sanction (s), expiration dates, agreements or restrictions, and any other data deemed relevant. Disciplinary records and related information shall be made available to hearing boards to assist in recommendation of an appropriate sanction, and to other University personnel who require such information to fulfill their official duties.
• Students may arrange to review their own disciplinary records and related information by contacting the Direcotr of Student Services ' Office.
• Except as provided elsewhere in this Code and/or as required by law, the University shall not communicate a student's disciplinary record to any person or agency without the prior written consent of the student or, when the student is a minor, the student's parents or legal guardian.