SVSTI San Jose Surg Tech program to become a Surgical Technologist.

Student Grievance 

Students are protected against capricious, arbitrary, unreasonable, unlawful, false, malicious, or professionally inappropriate evaluations or behavior by an instructor, an employee, an administrator, an official of the College or another student. Student complaints may be classified as grievances and fall into four categories: Academic, Non-Academic, Discrimination, and Financial Aid Challenge.

A. Academic Grievances: 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 student’s grade by the instructor, in the absence of mistake, fraud, bad faith, or incompetency shall be final (Education Code Section 76224(a). If a student files a grievance relative to a grade, he/she must prove that “mistake, fraud, bad faith, or incompetency” as the reason for the grade assignment. The student must follow the Student Complaint and Grievance Procedures and complete the form located on the College’s website, http://svsti.com

B.  Non-academic Grievances: As used in this section, grounds for a non-academic grievance include, but are not limited to, the following: · any act or threat of intimidation; · any act or threat of physical aggression; · arbitrary action, violation of student rights, or imposition of sanctions without proper regard to College policy as specified in the Education Code, Board Policies, and/or Administrative Procedures; · Course Repetition, Withdrawals, and Enrollment Fees: Students may file complaints related to course repetition, withdrawals or enrollment fees based on evidence of extenuating circumstances. Students should file a Petition and provide supporting documentation. Action will be taken by the appropriate administrator. Petitions may be submitted to the Chief Academic Director within 30 calendar days. 

C.  Discrimination Complaints: Students wishing to file discrimination complaints on the basis of ethnic group identification, national origin, religion, age, sex or gender, gender identity, sexual orientation, race, color, ancestry, physical or mental disability, or on the basis of these perceived characteristics or based on association with a person or group with one or more of these perceived characteristics, and any other category of unlawful discrimination should contact the College’s Chief Academic Director · OCR (Office of Civil Rights) http://www2.ed.gov/about/offices/list/ocr/complaintintro.html · DFEH (Department of Fair Employment and Housing) http://www.dfeh.ca.gov/ 

D. We do not offer Financial Aid currently.

Grievances must be filed no later than 30 instructional days, Monday through Friday, when classes are in session, after the beginning of the primary term following the alleged violation, or 30 instructional days from the time that the student learns of the basis for the grievance. Students are required to meet with the Director, regarding the grievance prior to starting the process to establish deadline dates. The following is the College’s approved process to pursue a grievance: 

INFORMAL PROCESS A. Statement of Grievance – Level I Any student who believes an injustice or a violation of State, Federal, or College policies, laws, or regulations has occurred should try to resolve the problem through informal consultation with each of the individuals indicated below, in order, before filing a formal grievance (Level II). The Statement of Grievance form (Level I) must be completed in order to document that the student followed the informal resolution process. Within three days of initiating the grievance with the Chief Academic Director, the student must submit the Statement of Grievance form (Level I) to the employee. The student will have 20 instructional days to meet with the employee, and the Chief Academic Director. 

FORMAL PROCESS GRIEVANCE REVIEW - LEVEL II If the student believes the issue has not been resolved satisfactorily at Level I, the student must meet with the Director, to establish deadline dates for Level II. The subsequent procedures are to be followed: 1. The student shall file a Formal Grievance form with the Student Life Office within 10 instructional days after completing Level I. Additional documentation substantiating the grievance must be attached to the form. 2. The Director, is responsible for informing the aggrieved student of his/her rights, responsibilities, and procedures. 3. The employee against whom the grievance is filed will be sent a copy of the student grievance (Levels I and II) by the Chief Academic Director within 10 instructional days. A notification of the grievance will be sent to the employee’s supervisor. The employee will have 15 instructional days to submit a response. 4. Both the student and employee involved may solicit documentation from other persons to support their position. 6. The written grievance and written response by the employee shall be forwarded to the Director. APPEAL PROCESS College President 1. If either party is dissatisfied with the decision of the Grievance Hearing Panel, an appeal may be submitted to the College President. 2. Such an appeal must be submitted to the College President by certified mail within 10 instructional days after notification of the decision. 3. The College President has 10 instructional days to respond to the appeal. The College President can uphold and support the original requested outcome or the decision. The President’s decision shall be final.