Student Grievance Policies & Procedures

Lenoir-Rhyne University takes seriously the concerns and grievances of its students. LRU will provide a prompt response to all written complaints, including those complaints alleging discrimination or harassment based on race, age, religion, physical or emotional disability, or sex (which includes gender discrimination, sexual orientation, sexual harassment and sexual violence). LRU will work to resolve student grievances as quickly as possible; however, the time period for resolution will depend largely on the nature of the grievance and the response required.

It is the goal of LRU that written grievances will be resolved within a period not to exceed 60 days; however, the time period for resolving grievances will depend largely on the facts and circumstances at issue and may be expanded where necessary and appropriate to reach a resolution. 

LRU defines a “Grievance” as any claim raised by a student (“Complainant”) alleging violations of LRU’s policies or procedures, including but not limited to improper, inappropriate, arbitrary, discriminatory, harassing or violent conduct by a faculty member, staff member, student or any other individual present on campus (“Respondent”).

LRU’s Grievance Policy is not intended to replace those policies and procedures pertaining to grade appeals or academic integrity violations. For more information on academic integrity policies and procedures, please refer to The Cub or the University Catalog. All such matters will be handled in accordance with those policies and procedures.

Procedures

1. A Complainant having what s/he believes to be a Grievance against a Respondent, should, wherever possible and reasonable, attempt to discuss the problem with the Respondent and reach an informal resolution. This informal process is desirable, but not mandatory. (Note: If the Grievance pertains to perceived discrimination, harassment, or an assault, the Complainant should immediately proceed to Step 2.)
    
2. If the Complainant is dissatisfied with the informal resolution, is unable to reach an informal resolution or chooses not to engage in the informal resolution process, the Complainant should put her/his Grievance in writing on a Grievance Form. Grievance Forms may be obtained electronically from the Student Life webpage or in hard copy at the Office of Student Life in Cromer Center. Once completed, Grievance Forms should be submitted in electronic or hard copy form to the Office of Student Life no later than 30 days after the alleged incident occurred. LRU reserves the right to dismiss Grievances that are not submitted within this time period, unless extenuating circumstances exist that make submission within the 30-day time period unrealistic.
    
3. The Office of Student Life will review the Grievance Form to determine if its contents rise to the level of a Grievance as defined above. This process will generally take between 3-5 business days. If additional information is needed to clarify the information contained within the Grievance Form, the Office of Student Life will contact the Complainant to obtain additional information. The Complainant is expected to respond to any such request by the Office of Student Life within 2 business days.
    
   • If the contents of the Grievance Form do not rise to the level of a Grievance as defined above, the Grievance Form will be forwarded to the Chair/Director of the University Department (academic or non-academic) most closely related to the complaint or their designee. This individual will work to informally resolve issues raised by the Complainant in the Grievance Form. Because this type of complaint does not rise to the level of a Grievance as defined by the Grievance Policy, there is no right of appeal and the resolution reached at this stage is final. 
   • If the contents of the Grievance Form do rise to the level of a Grievance as defined above, the Grievance Form will be forwarded to the appropriate “Grievance Officer” or his or her designee.
      

   Grievance Officers are usually the School Chair of each respective academic department or the Administrative Director of each respective administrative department, or his or her designee. Under no circumstances will the Grievance Officer be the individual to whom the Grievance relates. In those instances, another Grievance Officer will be appointed by the Office of Student Life.

   Note: If the Complainant has any questions or concerns regarding the Grievance Officer appointed in connection with his or her Grievance, he or she should contact the Office of Student Life to discuss the issue in greater detail.

4. After receiving the Grievance Form from the Office of Student Life, the Grievance Officer will conduct a prompt and thorough investigation as warranted by the circumstances to resolve any factual disputes. Confidentiality will be respected to the fullest extent possible in connection with this investigation, with individuals being informed or notified of the Grievance only on a “need to know” basis. In connection with this investigation, the Grievance Officer may determine that an informal hearing is necessary as part of his or her investigation to resolve any outstanding issues of fact.
    
   If a hearing is held by the Grievance Officer:

    

   1. Both the Respondent and the Complainant will be allowed to select an “Advocate” from a list of Advocates maintained in the Office of Student Life. Advocates are intended to assist the Respondent and Complainant with understanding the Grievance Policy and Procedures. Additionally, Advocates may be present at the hearing, but may not testify or otherwise participate in the hearing. Additionally, both parties may have one other person at the hearing, who may observe only. This participation may be limited to faculty, staff, and student members of the university community whose names are communicated to the Grievance Officer at least 24 hours prior to the meeting. No representation by an attorney is permitted.
   2. The Grievance Officer shall be entitled to have an “Advisor” participate and assist him or her with the hearing. In this capacity, the Advisor may ask questions, review the evidence presented and make recommendations to the Grievance Officer regarding the appropriate resolution. The Advisor shall not have any prior knowledge of the facts surrounding and/or giving rise to the Grievance Officer. This participation may be limited to faculty, staff, and student members of the university community. No representation by an attorney is permitted.
   3. Hearings conducted by the Grievance Officer will be informal, and both the Complainant and the Respondent will have the opportunity to present evidence they deem relevant to the Grievance. Both the Complainant and the Respondent may also present witnesses during the hearing that would support their position. All hearings at this level must be held within 10 calendar days of the Grievance Officer’s receipt of the Grievance Form, absent extenuating circumstances.
       
5. After the Grievance Officer’s investigation is completed, if the Grievance Officer determines that the conduct at issue in the Grievance does not warrant formal disciplinary action by the University Judicial System against either the Complainant or the Respondent (in the event the Respondent is a student), the Grievance Officer will meet with the Complainant and the Respondent to discuss the results of the investigation and the recommended resolution. While the timing of this meeting depends largely on the scope of the investigation required, a meeting is generally held within 10 calendar days of the conclusion of the Grievance Officer’s investigation, including any necessary hearing. At this meeting, the Grievance Officer may attempt to mediate an informal resolution with both parties where appropriate. In situations involving alleged sexual assault or sexual violence, an informal resolution is not appropriate. If an informal resolution is not possible or appropriate, the Grievance Officer will make a written determination and provide it to the Complainant and the Respondent within 5 calendar days of meeting with the parties. The written determination should include the reasons for the decision and the remedial action to be taken, if any, and shall explicitly inform the Complainant and the Respondent of the right to seek review by the Chair of the Judicial Board within 3-5 business days as set forth in Paragraph 7 below.
    
6. Alternatively, after the Grievance Officer’s investigation is completed, LRU may determine that the conduct at issue in the Grievance does potentially warrant disciplinary action by the University Judicial System against either the Complainant or the Respondent (in the event the Respondent is a student). Under no circumstances will a Complainant be subject to disciplinary action solely on the basis of filing a Grievance; however, depending on the facts and circumstances, disciplinary action may be warranted where the Complainant has potentially engaged in violations of LRU’s policies or procedures. In these circumstances, LRU will present the Complainant and/or the Respondent with an Incident Report as outlined in Section 6: The University Judicial System, Judicial System Process, Commencement of Action. The Grievance Officer will then determine the appropriate sanction(s), which may include, but are not limited to, the following, in order of severity:
    
   1. Verbal or written warning; 
   2. Restitution for loss, damages or service costs; 
   3. Service/Education projects within the University setting or local community; 
   4. Disciplinary probation; 
   5. Disciplinary probation with suspension of privileges; 
   6. Eviction from the Residence area; 
   7.  Disciplinary suspension;  
   8. Disciplinary expulsion.
       
   If the individual presented with the Incident Report disagrees with the determination or sanction(s) assessed by the Grievance Officer, he or she can request that a Judicial Conduct Hearing take place before the Student Conduct Council in the manner provided in Section 6: The University Judicial System, Paragraph 5.
    
   After the Student Conduct Council reaches a determination, the Grievance Officer shall issue a written determination to the Complainant and the Respondent within 5 calendar days that is consistent with the findings of the Student Conduct Council. The written determination should, where appropriate and in accordance with the Family Educational Rights and Privacy Act (FERPA), include the reasons for the decision, the remedial action to be taken, if any, the disciplinary action to be taken, if any, and shall explicitly inform the Complainant and the Respondent of the right to seek review by the Chair of the Judicial Board within 3-5 business days as set forth in Paragraph 7 below.
    
7. If either the Complainant or the Respondent disagrees with the Grievance Officer’s written determination, then the dissatisfied party has the option to appeal to the Chair of the Judicial Review Board based on one or more of the factors set forth below:
    
   1. Evidence did not warrant the decision.
   2. Decision did not warrant the penalty.
   3. Proper procedures were not followed.
   4. There was prejudice on the part of the Grievance Officer.
       
8. All appeals to the Chair of the Judicial Review Board must be in writing and filed with the Office of Student Life within 3-5 business days after receipt of the determination issued by the Grievance Officer. Appeals should clearly detail the ground(s) for appeal and the facts and circumstances supporting the basis for appeal. In order for an appeal to be considered by the Chair of the Judicial Review Board, the Complainant or Respondent must fully explain how his/her reasons for appealing have the potential to change the original finding of the Grievance Officer and/or the Student Conduct Council. In situations where suspension or expulsion is a recommended disciplinary sanction by the Grievance Officer and/or the Student Conduct Council, the full Judicial Review Board will automatically convene to review the appeal. In all other cases:

    

   1. If the Chair of the Judicial Review Board views the appeal as possessing potential validity based on one or more of the factors set forth above, in light of all of the evidence provided by Complainant or Respondent in his or her appeal, the appeal shall be forwarded, with all evidentiary materials, to the full Judicial Review Board.
   2. Alternatively, if the Chair of the Judicial Review Board determines that based on review of all the evidence presented by the Complainant or the Respondent, the appeal does not have potential validity based on one of the four factors above, the Chair of the Judicial Board may uphold the determination reached by the Grievance Officer and/or the Student Conduct Council without convening the full Judicial Review Board. In these circumstances, the determination reached by the Chair of the Judicial Review Board is final.
       

   The Chair of the Judicial Review Board is not tasked with rehearing the proceedings below. Instead, the Chair of the Judicial Review Board will use a “reasonable person” standard. In other words, the Chair of the Judicial Review Board will determine if the original decisions and/or sanctions imposed were conclusions that could have been reached by a reasonable person, applying appropriate diligence and community standards (i.e., preponderance of evidence standard). 

   Note: The Accused may withdraw his or her appeal at any time prior to the beginning of a scheduled hearing.

9. If the full Judicial Review Board is convened by the Chair of the Judicial Review Board, the Judicial Review Board shall review all evidentiary materials in connection with the Complainant or Respondent’s appeal. If necessary to resolve outstanding factual disputes, the Judicial Review Board, in its own discretion, may conduct a de novo hearing between the Complainant and Respondent, and each party will have the opportunity to present evidence he/she deems relevant to the Grievance or the determination reached by the Grievance Officer and/or Student Conduct Council. Presentation of new evidence shall be strictly limited by the Judicial Review Board, in its sole discretion, to the additional evidence necessary to resolve the Grievance. The Judicial Review Board may take one of the following four courses of action:
   1. Reverse the decision of the Grievance Officer and/or Student Conduct Council;
   2. Uphold the decisions reached, but reduce the sanction(s) (if any);
   3. Uphold the decisions reached, but make the sanction(s) (if any) more severe; or
   4. Uphold the decision and the sanctions.

          The Judicial Review Board may not remand the matter for re-consideration.

10. Once the Judicial Review Board reaches a determination, the Chair of the Judicial Review Board shall provide written notification of the Grievance resolution to all parties in the appeal within forty-eight (48) hours, barring extenuating circumstances. The Judicial Review Board should, where appropriate and in accordance with the Family Educational Rights and Privacy Act (FERPA), include the outcome and rationale for the decision. The decision of the Judicial Review Board is final and there is no further right of appeal.

Regardless of the outcome of the grievance procedures, retaliation is strictly prohibited by either party. 

Anyone who retaliates against any individual for submitting a Grievance is in violation of this policy and will be subject to judicial sanctions accordingly. Additionally, anyone making a false or malicious charge against a member of the LRU community is in violation of this policy and will be subject to judicial sanctions accordingly.