Complaint Procedures
See also Student Complaints and Appeals Procedures.
A student may file a complaint when he or she believes that a College faculty or staff member has violated College rules, policies, or procedures, or other local, state, or federal laws including the Civil Rights Act; Title IX of the Education Amendments of 1972; the Rehabilitation Act of 1973 (Sections 503 and 504); the Americans with Disabilities Act of 1990; Executive Orders 11246 and 11375; the Vietnam Era Veterans Readjustment Act of 1974; the Age Discrimination and Employment Act of 1967; and the nondiscrimination laws of the State of California.The following is a list of types of complaints considered under these procedures.
Academic Complaint
An academic complaint may be filed with a Division Dean when a student feels that a faculty member has violated California state law, federal law, or College policies and procedures relative to grading or other academic matters.
All grades awarded by the instructor of record shall be final. The California State Education Code (55760) permits a complaint to be filed with respect to grading only in situations where a grade was assigned due to “mistake, fraud, bad faith, or incompetence.”
General Student Complaint
A general student complaint may be filed by a student who feels an action of a College staff member, office, or group violates existing College rules, policy, or procedures or other local, state, and federal laws. A complaint of discrimination or sexual harassment is not included in this category; see Sexual Discrimination and Harassment Policy for information on these complaints.
The Complaint Procedures are formalized procedures to ensure timely resolution at the lowest possible level. The first step is the informal resolution stage, which involves the student who has a complaint and the staff member or specific group with whom the student has a complaint. The student must notify the staff person or representative of a group that he or she wishes to make an appointment for an informal meeting to review an action within ten days of its occurrence. In the absence of the instructor or staff person and after a good faith effort to make contact, the student may directly contact the Division Dean. Additional information is available from the Vice President, Student Development on the Fremont campus or from the Student Services Center on the Newark campus.
Title IX Complaint
These procedures are used when a complaint concerns discrimination on the basis of sex, including sexual harassment. These procedures are available from the information rack in Building 1 on the Fremont campus and from the information rack outside the Student Services Center on the Newark campus. The Vice President, Academic Affairs/Deputy Superintendent, serves as compliance officer for student matters regarding Title IX regulations.
Section 504/ADA Complaint
These procedures are used when a complaint concerns matters pertaining to compliance with the Americans with Disabilities Act (ADA) and discrimination on the basis of a disabling condition. The procedures are available from the information rack in Building 1 and from the Vice President, Student Development on the Fremont campus and from the information rack outside the Student Services Center on the Newark campus. The Vice President, Administrative Services serves as compliance officer for student matters concerning ADA regulations.
Civil Rights Complaints
These procedures are used when a complaint concerns matters of discrimination or failure to comply with College policy or procedures or federal and/or state regulations including the Civil Rights Act; Title IX of the Education Amendments of 1972; the Rehabilitation Act of 1973 (Sections 503, 504, and 508); the Americans with Disabilities Act of 1990; Executive Orders 11246 and 11375; the Vietnam Era Veterans Readjustment Act of 1974; the Age Discrimination and Employment Act of 1967; and the nondiscrimination laws of the State of California. The procedures are available from the information rack in Building 1 and from the Vice President, Student Development on the Fremont campus. The Vice President, Academic Affairs/Deputy Superintendent serves as the compliance officer of all of the above except ADA and Rehabilitation Act of 1973 (Sections 503 and 504) complaints. The Vice President, Administrative Services serves as the compliance officer for ADA and Rehabilitation Act of 1973 (Sections 503, 504, and 508) complaints.
Students wishing to pursue a civil rights complaint beyond the College level should direct their inquiries to the Office of Civil Rights, United States Department of Education, 50 United Nations Plaza, Room 322, San Francisco, CA 94102.
