Student Rights and Responsibilities

Grievance Procedure for Students

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ArtCenter strives to be in compliance with College policies and all applicable federal, state, and local laws. If any student or applicant for admission believes that the College or members of its community may have acted in violation of its policies or may have failed to comply with applicable legal requirements, they are encouraged to file a Grievance with the College. It is the goal of the College to handle all grievances in a lawful, equitable, consistent, and confidential manner.

Definitions

  1. Advisor: An individual who assists a student, group, or organization during the conduct process. An advisor may be a current student, faculty, or staff member of the College. Individuals who are not affiliated with the College, including parents or other off-campus individuals cannot serve as advisors unless otherwise permitted by this Code. Current faculty or staff may not serve as advisors to their children. The Advisor can only be compensated for their service by the College. The advisor cannot be a licensed attorney except as permitted during an administrative conduct hearing.
  2. Chair: Dean of Students or their designee who oversees the grievance process.
  3. Complainant: An individual who submits a complaint or brings forward an allegation under the grievance procedure.
  4. Conciliator: A designated College official who reviews grievances, assists with the resolution process, and takes appropriate steps to address concerns in accordance with College policies and procedures.
  5. Grievance: A concern submitted alleging that the College or a member of the ArtCenter community has violated a College policy, failed to comply with an applicable legal requirement, or treated an individual unfairly.
  6. Respondent: An individual, group, or entity identified in a grievance as having allegedly violated an ArtCenter policy or applicable legal requirement.
  7. Retaliation: Any adverse action or behavior intended to intimidate, threaten, coerce, discriminate against, or otherwise discourage an individual from reporting a concern, participating in a grievance process, or exercising their rights under College policy or applicable law.

Scope

Students who believe they have been treated unfairly by another student, staff member, or faculty member may submit a grievance form through Inside.ArtCenter.edu or by using this link.

Certain types of concerns may be addressed through separate College procedures and are handled by the appropriate office.

Title IX

Title IX is a federal civil rights law that prohibits sex-based discrimination in education programs and activities. Concerns involving sexual harassment, sexual misconduct, sexual violence, or discrimination based on sex or gender are addressed through separate Title IX procedures and are not submitted through the general grievance form.

To report a potential Title IX concern, please contact the Title IX Administrator, Brittany Raygoza, at Brittany.Raygoza@artcenter.edu or (626) 396-2340.

Non-Retaliation for Reporting Misconduct

No student will be discriminated against or retaliated against for reporting what they, in good faith, believe to constitute a violation of any College policy or legal requirement.

Grievance Resolution Process

Students must submit grievances in writing through the designated grievance form. The submission should include a description of the concern, including what allegedly occurred, when and where the incident occurred, the individuals involved (if known), and any applicable College policy or legal requirement believed to have been violated.

Grievances should be submitted within 90 days of the alleged incident occurring or within 90 days of when the complainant knew or should have known about the alleged incident or violation. The College may extend this timeframe for good cause for up to 365 days from the date of the alleged incident. Civil rights violations may be reported within the time limitation established by law.

Conciliator Review and Resolution Process

  1. Assignment of Conciliator: Upon submission of a grievance, the grievance will be assigned to the appropriate Conciliator based on the role of the Respondent:
    1. If the Respondent is a student, it will be assigned to the Associate Director of Student Conduct.
    2. If the Respondent is a staff member, it will be assigned to the Associate Vice President, Employee Experience and Engagement.
      1. If the Respondent is the Associate Vice President of Employee Experience and Engagement, the Vice President of Employee Experience and Engagement will appoint an alternate Conciliator.
    3. If the Respondent is a faculty member, it will be assigned to the Associate Provost, Teaching and Learning.
  2. Review and Assessment: The Conciliator will review the grievance, gather relevant information, and take appropriate steps to address and resolve the concerns.
    1. The Conciliator may consult with any other party involved or utilize other resolution methods as appropriate.
    2. The Conciliator will provide updates regarding the status of the grievance as appropriate and consistent with applicable privacy requirements during these preliminary stages.
  3. Determination: After reviewing the information available, the Conciliator will issue a written determination to the Respondent regarding the grievance. The determination may include a finding regarding whether a College policy or legal requirement was violated and, when applicable, any sanctions, educational measures, or other directives assigned in response.
    1. The Conciliator may be limited in the information they can share with the Complainant, witnesses, or other individuals involved in the grievance due to applicable privacy requirements. However, individuals involved in the grievance process will be notified when the process has concluded, as appropriate.

Appeals Process

Following completion of the Conciliator Review and Resolution Process, the Conciliator will issue a determination regarding the grievance to the appropriate parties, consistent with applicable privacy requirements.

A student Respondent may appeal a determination issued by the Conciliator, including a finding of responsibility and/or the assignment of sanctions, educational measures, or other outcomes. A student Respondent who receives a determination in response to a grievance matter may appeal the determination based on at least one of the following four criteria:

  1. The sanction is grossly disproportionate to the nature and circumstance of the violation
  2. The procedures outlined in this Code were not followed, and the error significantly affected the outcome of the conduct process.
  3. New relevant evidence is available that could not have been reasonably obtained or presented during the original conduct process.
  4. The decision is not supported by the evidence available during the conduct process.

All requests for appeals must be in writing and must clearly identify the basis for the appeal and explain how one or more of the above criteria apply.

Appeals must be submitted via email to the Dean of Students, with a copy to the Conduct Officer, within five business days of the date that the student received the written determination of the sanction from the Conciliator.

The Dean of Students can choose to have the appeal decided by the Grievance Committee Hearing Board.

Grievance Committee Hearing Process

Depending on the nature of the grievance, some cases may proceed directly to the Grievance Committee for review and hearing. Appeals of Conciliator determinations will also be reviewed by the Grievance Committee. 

  1. Grievance Committee Membership
    1. Depending on the circumstances of the Grievance, the Grievance Committee may consist of the Provost, Vice President of Employee Experience and Engagement, the Dean of Students, and other appointees.
    2. No member may participate in a case in which they have been personally involved or have a conflict of interest involving any party or witness. Members must recuse themselves from any case in which their impartiality may reasonably be questioned.
    3. The Complainant and Respondent are entitled to challenge one or more members of the Committee with respect to impartiality. The Chair will rule on such challenges.
  2. Committee Review
    1. Chair of the Committee will provide relevant grievance information to each member of the Committee for review.
    2. The Committee will consider the information available and conduct a hearing in a timely manner.
    3. For appeals, the Committee will hold a hearing no later than 15 business days after receiving the appeal request, unless otherwise communicated in writing.
  3. Hearing Procedures
    1. Hearings are private.
    2. The Complainant and Respondent may each have an Advisor present to provide support and guidance during the hearing. Advisors may not represent the Complainant or Respondent, question witnesses, or otherwise participate directly in the hearing unless permitted by the Chair. The Complainant and Respondent are responsible for presenting their own information.
    3. The Chair may request testimony from individuals with relevant information or individuals identified by the parties. The Complainant and Respondent will be notified in writing of individuals who have been invited to testify.
    4. The Complainant and Respondent may request that the Chair consider additional witnesses or relevant documents. Requests will be granted when the Chair determines that the information is relevant and may assist the Committee in making a determination.
    5. If the Complainant, Respondent, or a witness fails to appear, the Committee may proceed with the hearing and make a determination based on the information available. Failure to appear or failure to for complaint or a witness to appear does not constitute grounds for appeal. Evidence introduced after a decision on the case has already been made does not constitute new information merely because a party or witness was absent.
  4. Rights of the Complainant and Respondent
    1. The Complainant and Respondent have the right to hear all information presented verbally to the Committee and to receive a copy of all relevant documents considered by the Committee.
    2. The Complainant and Respondent are encouraged to submit written questions to the Committee on information presented by others who have testified and on documents considered by the Committee.
  5. Committee Determination
    1. The Committee shall make a determination based on a review of the evidence presented during the hearing. The determination may include a finding regarding whether a College policy or legal requirement was violated and, when applicable, any sanctions, educational measures, or other directives assigned in response.
    2. The Chair shall communicate the Committee’s determination to the appropriate parties within five business days of the conclusion of the hearing, unless otherwise specified in writing. This determination is final and may not be appealed.

California State Reporting Option

Students also may contact the Bureau for Private Postsecondary Education for a review of a grievance. The Bureau may be contacted at:

2535 Capitol Oaks Drive, Suite 400
Sacramento, CA 95833
916 431-6924
bppe.ca.gov