STUDENT RIGHTS: DUE PROCESS

References: Fifth Amendment to the U.S. Constitution

In the interest of equitable and efficient operations of Western Wyoming Community College (the College), students shall be afforded a mechanism by which a complaint, grievance, and/or appeal may be resolved in a fair and equitable manner. This policy serves to safeguard these rights and strives to fairly and reasonably implement various College policies relating to student conduct.

The College shall also review said complaints, grievances, or appeals to improve processes at the beginning of each semester. The institution shall deliver applicable training(s) to faculty and staff at the beginning of each semester.  The College shall also provide notification to students regarding the due process rights afforded to them.

The College President is charged with ensuring that the institution has procedures that comply with federal, state, and local laws, as well as College policies and procedures, which relate to student rights of due process.

Adopted June 13, 1985
Revised July 1985
Revised May 26, 1988
Reformatted May 9, 2011
Reformatted March 17, 2017
Revised and Retitled November 10, 2022

Procedure 5430B.1

STUDENT DUE PROCESS: NON-ACADEMIC MATTERS

Reference:       Board Policy 5430B

Western Wyoming Community College (the College) is committed to affording its students rights and privileges granted to them by federal, state and local laws.  This procedure outlines the process by which students may present an issue pertaining to a non-academic matter, which in their opinion, warrants action.  This includes the right to secure educational benefits and services. 

If the basis of the claim is discrimination and/or harassment, based on federal or state civil rights laws, the student must file a grievance under Procedure 2150A.  When a student wishes to file a complaint/grievance of this type, the student should fill out the reporting form found at: https://cm.maxient.com/reporting.php?WesternWyomingCC. 

The due process rights of any College student(s) involved in an infraction to the Code of Student Conduct involving student discipline shall be protected.  

Procedure for Pursuing an Appeal/Complaint/Grievance
Once a student has initiated an appeal with the appropriate College administrator or designee, written notice shall be given to the other party (e.g., if the accused student appeals, the appeal is shared with the complainant who may also wish to file a response), and then the Vice President for Academic and Student Affairs or designee will draft a response memorandum (also shared with all parties). All appeals and responses are then forwarded to the appeals officer or committee for initial review to determine if the appeal meets the limited grounds and is timely, as described below.

The original finding and sanction will stand if the appeal was not submitted to the Vice President within forty-eight (48) hours after the student was notified of the sanction and the decision is final. If the Vice President for Academic and Student Affairs deems that the appeal is justified, the documentation is forwarded for consideration. Because the original finding and sanction are presumed to have been decided reasonably and appropriately, the party appealing the decision must specifically cite the error(s) in the original determination on which the appeal is based. The ONLY grounds for appeal are as follows:

1. A material procedural or substantive error occurred that significantly impacted the outcome of the hearing (e.g. actual conflict of interest, substantiated bias, material deviation from established procedures); which must be explained in the written appeal; or
2. To consider new evidence, unavailable during the investigation or hearing that could substantially impact the original finding or sanction. A summary of this new evidence and its potential impact must be included in the written appeal, as well as the reasons the new evidence was not available during the original proceeding.
3. Excessiveness of the sanction. Disciplinary sanction imposed is grossly disproportionate to the violation(s) committed, considering the relevant aggravating and/or mitigating factors.

If the Vice President for Academic and Student Affairs or the Student Appeals committee determines that a material procedural or substantive error occurred, it may return the complaint to the Dean of Students or designee with instructions to reconvene to correct the error. In rare cases, where the procedural or substantive error cannot be corrected by the Dean of Students or designee in cases of bias, the appeals officer or committee may order a new hearing be held by a different individual acting in the place of the Dean of Students or designee. The results of a reconvened hearing cannot be appealed. The results of a new hearing can be appealed, once, on the two applicable grounds for appeals.

If the Vice President for Academic and Student Affairs or the Student Appeals committee determines that new evidence should be considered, it will return the complaint to the Dean of Students or designee to reconsider in light of the new evidence only. If the subject matter pertains to discrimination and/or harassment, the appeals officer or committee will return the complaint to the Title IX/EO Coordinator to reconsider in light of the new evidence only. The reconsideration of the Dean of Students, designee, or Title IX/EO Coordinator is not appealable.

This Appeal Process is also available in the Student Appeals Committee Handbook.

Cross Reference: Student Affairs Appeals Handbook

Approved May 26, 1988
Revised July 26, 1990
Revised June 18, 2009
Reformatted May 9, 2011
Revised November 12, 2015
Reformatted March 17, 2017
Revised November 10, 2022

Procedure 5430B.2

STUDENT DUE PROCESS: ACADEMIC MATTERS

Reference:       Policy 5430B 

Western Wyoming Community College (the College) is committed to affording its students rights and privileges granted to them by federal, state and local laws.  This procedure outlines the process by which students may present an issue pertaining to an academic matter, which in their opinion, warrants action.  This includes the right to secure educational benefits and services. 

If the basis of the claim is discrimination and/or harassment, based on federal or state civil rights laws, the student must file a grievance under Procedure 2150A.  When a student wishes to file a complaint/grievance of this type, the student should fill out the reporting form found at: https://cm.maxient.com/reporting.php?WesternWyomingCC.   

The due process rights of any College student(s) involved in an academic infraction to the Code of Student Conduct involving student discipline shall be protected.  When students have an appeal/complaint/grievance with a faculty member concerning instructional or academic issues, they shall follow this procedure to resolve the conflict. Non-academic student  appeals, complaints, or grievances are handled via procedures outlined in Procedure 5430B.1.

Instructors of record have the authority to assign grades.

Procedure for Pursuing an Appeal/Complaint/Grievance
The student is urged to begin the process by first discussing the problem with the course instructor and trying to resolve it. If a satisfactory resolution cannot be reached, or if the student feels there is a communication barrier between the student and the instructor, the student must discuss the matter with the appropriate School Chair (in Outreach, with the coordinator). If the appeal/complaint/grievance is not resolved with the School Chair, the student may take the appeal/complaint/grievance to the Vice President for Academic and Student Affairs. The Vice President for Academic and Student Affairs will meet with the student and the instructor and, if appropriate, the School Chair, to try  to resolve the appeal/complaint/grievance.

Time Limit
The student must submit a written statement of the student's appeal/complaint/grievance to the School Chair or Vice President for Academic and Student Affairs no later than 45 calendar days after the end of the semester in which the event occurred. Students may not pursue appeals/complaints/grievances after this time limit.

Presentation of an Appeal/Complaint/Grievance to the Committee
If the student or the faculty member remains dissatisfied after meeting with the Vice President for Academic and Student Affairs, either may appeal to the Academic Grievance Committee. This Committee is the last step in this due process procedure. The Committee's decision is final.

For up to fifteen days after the meeting with the Vice President for Academic and Student Affairs, the student or instructor may request in writing to the Vice President for Academic and Student Affairs a hearing before the Academic Grievance Committee, which should include their rationale for the meeting. This written request for a hearing should include the specific appeal/complaint/grievance and the requested remedy. Breaks between the fall, spring or summer semesters will not be included in this 15-day period.

The Vice President for Academic and Student Affairs will assemble the Academic Grievance Committee within five (5) business days unless there are extenuating circumstances. At this initial meeting, the Vice President for Academic and Student Affairs will give to the Committee all available written materials pertaining to the appeal/complaint/grievance. At this meeting the Committee elects a Chair. Also, at this first meeting, the Committee will review the request for a hearing and determine if a hearing is warranted. If the Committee determines that a hearing is warranted, the Chair will set a date for the hearing and contact both parties. All information, lists of witnesses, statements and other relevant material must be submitted to the Chairperson by both parties no later than 2 weeks prior to the hearing.  All parties will be informed If a hearing is not warranted based upon the information provided.

Any information regarding the appeal/complaint/grievance gathered by either party and submitted to the Committee as evidence must be made available to the other party. It is the Chairperson's responsibility to see that both parties receive all pertinent information.

Academic Grievance Committee
The Academic Grievance Committee is a standing Committee available to students to provide an informal, but fair and prompt, forum for hearing students' appeals/complaints/grievances about instructional or other academic issues. It has the authority to render decisions, including changing grades.

It is composed of three (3) students (currently enrolled in credit classes) and an alternate, appointed by SGA at the beginning of each academic year for one-year terms; three (3) faculty members, one elected each spring semester to serve for the next three academic years by the Senate; and one (1) professional or administrative member of Student Affairs appointed by the Vice President for Academic and Student Affairs.

Appointing Alternates
For any of these positions, alternates can be appointed for any of the following reasons:

• If the student or instructor believes that a particular Committee member might have a conflict of interest, either party may request in writing that this member be excused and an alternate will be appointed.
• A list of Committee members will be submitted to both parties (instructor and student(s)). Either party has 5 days to submit a written request for replacement of Committee members to the Vice President for Academic and Student Affairs.

If one of the Committee members is unavailable, an alternate will be appointed. Should alternates be necessary, the timelines will be extended until all are appointed and the parties notified of the extension with a new timeline identified. Based upon the availability of the committee members, every effort will be made for the committee to meet  within five (5) to ten (10) business days after all alternates are appointed. At the first meeting a Chairperson will be chosen from the three faculty by a majority vote of all Committee members.

The following offices will appoint alternates when necessary: The Chair of the Senate or next available officer will appoint alternates for faculty members, the Vice President for Academic and Student Affairs for the Student Affairs Committee member, and the SGA President or next available student officer for student alternates. In the event no SGA officer is available, the student alternate will be appointed by an SGA advisor.

Committee Hearing Proceedings
All members of the Committee must be present in order to conduct the hearing. Both the student and the instructor, or their representative, must be present either in person or via teleconference. Attendance is limited to those invited by the faculty members or student(s), unless both parties agree to have an open hearing.

The student and/or instructor may choose  to have legal counsel or another advisor present at the hearing. If either party chooses to have legal representation, the College’s legal counsel will also be present. The hearing will be recorded electronically. The Chairperson will appoint someone to record the hearing. Either party may request an electronic copy of the proceedings.

The student and instructor, or their representative, can cross-examine any witnesses presented at the hearing. Members of the Academic Grievance Committee may also ask questions of either the student, the instructor or any representative or witnesses present. The hearing is the last opportunity either party will have to present their side of the grievance. After the hearing, no member(s) of the Academic Grievance Committee will accept additional information regarding the grievance from any source.

Decision of the Committee
Within ten (10) business days of the hearing, the Committee will present its decision in writing. The decision will include a finding of facts associated with the appeal/complaint/grievance, a decision, and a written rationale for the decision. This decision may include the changing of grades.

Consulting with the Committee, the Chairperson will prepare the rationale and include the important supporting and detracting factors in the case. The written decision must be signed by all Committee members who support the decision.

The Chairperson will send copies of this decision and its rationale to the student, the instructor, the School Chair, and the Vice President for Academic and Student Affairs. The Committee's decision is final.

If the Committee agrees that a grade should be changed, the Chairperson will complete, sign and attach a change of grade form. This form will be filed with the Registrar’s office.

The Vice President for Academic and Student Affairs office will keep an official record of the appeal/complaint/grievance and the recordings, per Board Policy 3910H.  Information, however, obtained from the complainant or other individuals may be exempt.

No one shall intimidate, threaten, coerce, discriminate or defame against any individual because they have made a complaint, testified, assisted, or participated in any manner in the grievance process.

Adopted November 10, 2022