Student Complaints
NCTC provides students with a procedure for resolving complaints against NCTC faculty, staff, and the College where no other formal process for resolution of complaints has been established.
In this policy, the terms “complaint” and “grievance” shall have the same meaning.
Student complaints shall be filed in accordance with this policy, except as required by the policies listed below.
Grades
Complaints concerning grades are addressed through the Course Grade Complaint process.
See - FLDB: Student Complaints: Course Grade Complaints
ADA Compliance
Complaints regarding ADA Compliance are addressed through the ADA Complaint process.
See - FFDA: Freedom from Discrimination, Harassment, and Retaliation: Sex and Sexual Violence
Discrimination & Harassment
Complaints regarding alleged discrimination or harassment based on race, color, gender, national origin, disability, age, or religion are addressed through the Title IX process or the Division of Administrative Affairs.
See FFDB: Freedom from Discrimination, Harassment, and Retaliation: Other Protected Characteristics
Retaliation
Complaints concerning retaliation related to discrimination and harassment are addressed through the Title IX process or the Division of Administrative Affairs.
See FFDB: Freedom from Discrimination, Harassment, and Retaliation: Other Protected Characteristics
NCTC Police Officers
Complaints concerning a commissioned peace officer who is an employee of the College District are addressed through the Division of Administrative Affairs.
See CHA: Site Management: Security
For complaints not referenced above, follow the steps outlined below. The purpose of this policy is to secure, at the first possible level, prompt and equitable resolution of student complaints.
Discussion of Complaint
The College District encourages students to discuss their concerns with the appropriate instructor for academic issues or other campus administrators who have the authority to address their concerns.
Concerns should be expressed as soon as possible to allow early resolution at the lowest possible administrative level.
Informal resolution shall be encouraged but shall not extend any deadlines in this policy, except by mutual written consent. A student may initiate an informal process by verbal, electronic communication, hand-delivered correspondence, or U.S. Mail but shall not extend any deadlines in this policy, except by mutual written consent. In most circumstances, a student's complaints are resolved. If a student did not receive the relief requested, the student is asked to follow the Formal Resolution Process with the Division Chair or Student Affairs designee.
Even after initiating the formal complaint process, students are encouraged to seek informal resolution of their concerns. A student whose concerns are resolved may withdraw a formal complaint at any time.
The process described in this policy shall not be construed to create new or additional rights beyond those granted by law or Board policy, nor to require a full evidentiary hearing or “mini-trial” at any level.
Neither the Board nor any College District employee shall unlawfully retaliate against any student for bringing a concern or complaint.
The College District shall inform students of this policy through appropriate College District publications.
Representation
The student may be represented at any level of the complaint.
General Provisions
Complaint forms and appeal notices may be filed by hand delivery, electronic communication, including email and fax, or U.S. Mail. Hand-delivered filings shall be timely filed if received by the appropriate administrator or designee by the close of business on the deadline. Filings submitted by electronic communication shall be timely filed if they are received by the appropriate administrator or designee by the close of business on the deadline, as indicated by the date/time shown on the electronic communication. Mail filings shall be timely filed if they are postmarked by U.S. Mail on or before the deadline and received by the appropriate administrator or designated representative no more than three days after the deadline.
The College District shall make reasonable attempts to schedule conferences at a mutually agreeable time. If a student fails to appear at a scheduled conference, the College District may hold the conference and issue a decision in the student’s absence.
At Levels One, Two, Three and Four “response” shall mean a written communication to the student from the appropriate administrator or designee. Responses may be hand-delivered, sent by electronic communication to the student’s e-mail address of record, or sent by U.S. Mail to the student’s mailing address of record. Mailed responses shall be timely if they are postmarked by U.S. Mail on or before the deadline.
“Days” shall mean College District business days. In calculating time lines under this policy, the day a document is filed is “day zero.” The following day is “day one.”
“Representative” shall mean any person or organization that is designated by the student to represent the student in the complaint process.
The student may designate a representative through written notice to the College District at any level of this process. If the student designates a representative with fewer than three days’ notice to the College District before a scheduled conference or hearing, the College District may reschedule the conference or hearing to a later date, if desired, in order to include the College District’s counsel. The College District may be represented by counsel at any level of the process.
Complaints arising out of an event or a series of related events shall be addressed in one complaint. A student shall not file separate or serial complaints arising from any event or series of events that have been or could have been addressed in a previous complaint.
All time limits shall be strictly followed unless modified by mutual written consent.
If a complaint form or appeal notice is not timely filed, the complaint may be dismissed, on written notice to the student, at any point during the complaint process. The student may appeal the dismissal by seeking review in writing within ten days from the date of the written dismissal notice, starting at the level at which the complaint was dismissed. Such appeal shall be limited to the issue of timeliness.
Each party shall pay its own costs incurred in the course of the complaint.
Complaint and Appeal Forms under this policy shall be submitted in writing on a form provided by the College District. Students may access the Complaint Form and Appeal Form on the NCTC website and the Dean of Students Office
Copies of any documents that support the complaint should be attached to the complaint form. If the student does not have copies of these documents, copies may be presented at the Level One conference. After the Level One conference, no new documents may be submitted by the student unless the student did not know the documents existed before the Level One conference.
A complaint or appeal form that is incomplete in any material aspect may be dismissed but may be refiled with all the required information if the refiling is within the designated time for filing.
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Complaint forms must be filed:
Within 15 days of the date the student first knew, or with reasonable diligence should have known, of the decision or action giving rise to the complaint or grievance; and
With the lowest level administrator who has the authority to remedy the alleged problem. In cases involving academic or educational matters (i.e., classroom, course, lab, clinical and the like), the student must file the complaint with the faculty member prior to filing a complaint form with the lowest level administrator, except under circumstances where the allegation involves harassment, retaliation, discrimination, or other forms of misconduct where the student may be more comfortable filing a complaint with the first level administrator, or as protected by federal, state, or local law.
In most circumstances, students shall file Level One complaints with the department chairperson or student services supervisor. If the only administrator who has authority to remedy the alleged problem is the Level Two or Level Three administrator, the complaint may begin at Level Two or Level Three, respectively, following the procedure, including deadlines, for filing the complaint form at Level One.
If the complaint is not filed with the appropriate administrator, the receiving administrator must note the date and time the complaint form was received and immediately forward the complaint form to the appropriate administrator.
The appropriate administrator shall investigate the complaint and schedule a conference with the student within ten days after receipt of the written complaint. The administrator may set reasonable time limits for the conference.
Absent extenuating circumstances, the administrator shall provide the student a written response within ten days following the conference. The written response shall set forth the basis of the decision. In reaching a decision, the administrator may consider information provided at the Level One conference and any relevant documents or information the administrator believes will help resolve the complaint. -
If the student did not receive the relief requested at Level One or if the time for a response has expired, the student may request a conference with the academic dean or Dean of Students to appeal the Level One decision.
The appeal notice must be filed in writing, on a form provided by the College District, within ten days of the date of the written Level One response or, if no response was received, within ten days of the Level One response deadline.
After receiving notice of the appeal, the Level One administrator shall prepare and forward a record of the Level One complaint to the Level Two administrator. The student may request a copy of the Level One record.
The Level Two record shall include:
The original complaint form and any attachments.
All other documents submitted by the student at Level One.
The written response issued at Level One and any attachments.
All other documents relied upon by the Level One administrator in reaching the Level One decision.
The Level Two administrator shall schedule a conference within ten days after the appeal notice is filed. The conference shall be limited to the issues and documents considered at Level One. At the conference, the student may provide information concerning any documents or information relied on by the administration for the Level One decision. The Level Two administrator may set reasonable time limits for the conference.
The Level Two administrator shall provide the student a written response within ten days following the conference. The written response shall set forth the basis of the decision. In reaching a decision, the Level Two administrator may consider the Level One record, information provided at the Level Two conference and any other relevant documents or information the Level Two administrator believes will help resolve the complaint.
Documentation of the Level One and Level Two conferences, if any, shall be maintained with the Level One and Level Two records.
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If the student did not receive the relief requested at Level Two or if the time for a response has expired, the student may request a conference with the Vice Chancellor for Instruction and Provost, the Vice Chancellor of Student Affairs or designee to appeal the Level Two decision.
The appeal notice must be filed in writing, on a form provided by the College District, within ten days of the date of the written Level Two response or, if no response was received, within ten days of the Level Two response deadline.
After receiving notice of the appeal, the Level Two administrator shall prepare and forward a record of the Level Two complaint to the Level Three administrator. The student may request a copy of the Level Two record.
The Level Three record shall include:
The Level One record.
The written response issued at Level Two and any attachments.
All other documents relied upon by the Level Two administrator in reaching the Level Two decision.
The Level Three administrator shall schedule a conference within ten days after the appeal notice is filed. The conference shall be limited to the issues and documents considered at Level Two. At the conference, the student may provide information concerning any documents or information relied on by the administration for the Level Two decision. The Level Three administrator may set reasonable time limits for the conference.
The Level Three administrator shall provide the student a written response within ten days following the conference. The written response shall set forth the basis of the decision. In reaching a decision, the Level Three administrator may consider the Level One and Level Two records, information provided at the Level Three conference and any other relevant documents or information the Level Three administrator believes will help resolve the complaint.
Documentation of the Level One, Level Two and Level Three conferences, if any, shall be maintained with the Level One, Level Two and Level Three records.
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If the student did not receive the relief requested at Level Three or if the time for a response has expired, the student may appeal the decision to the College Chancellor or designee.
The appeal notice must be filed in writing, on a form provided by the College District, within ten days after receipt of the written Level Three response, or, if no response was received, within ten days of the Level Three response deadline.
The Level Three administrator shall provide the Level Four administrator the record of the Level Three complaint. The student may request a copy of the Level Three record.
The Level Three record shall include:
The Level One record.
The Level Two record.
The written response issued at Level Three and any attachments.
All other documents relied upon by the administration in reaching the Level Three decision.
The Level Four administrator shall schedule a conference within ten days after the appeal notice is filed. The conference shall be limited to the issues and documents considered at Level Three, except that if at the Level Four conference the administration intends to rely on evidence not included in the Level Three record, the administration shall provide the student notice of the nature of the evidence at least three days before the conference. The Level Four administrator may set reasonable time limits for the conference.
The Level Four administrator shall provide the student a written response within ten days following the conference. The written response shall set forth the basis of the decision. In reaching a decision, the Level Four administrator shall consider the Level One, Two and Three record, information provided at the Level Four conference and any other relevant documents or information the Level Four administrator believes will help resolve the complaint.
Documentation of the Level One, Level Two, Level Three and Level Four conferences, if any, shall be maintained with the Level One, Level Two, Level Three and Level Four records.
RetaliaTION
The College District prohibits retaliation by a student or College District employee against a student alleged to have experienced discrimination or harassment or another student who, in good faith, makes a report of harassment or discrimination, serves as a witness, or otherwise participates in an investigation.
Examples of retaliation may include:
threats,
rumor spreading,
ostracism,
assault,
destruction of property,
unjustified punishments, or
unwarranted grade reductions
Unlawful retaliation does not include petty slights or annoyances.
For assistance in navigating the NCTC Complaint Policy, please contact the Dean of Students at 940-668-4207.
Additional Resources
The National Council for State Authorization Reciprocity Agreements (NC-SARA) is a private nonprofit organization [501(c)(3)] that helps expand students’ access to educational opportunities and ensure more efficient, consistent, and effective regulation of distance education programs.
SARA consumer protection provisions require the institution’s home state, through its SARA State Portal Entity, to investigate and resolve allegations of dishonest or fraudulent activity by the state’s SARA-participating institutions, including the provision of false or misleading information.
A student has the right to lodge a complaint or grievance. The institution should ensure that all concerns and complaints of students are addressed fairly and are resolved promptly. Student complaints relating to consumer protection laws offered under the terms and conditions of the State Authorization Reciprocity Agreement (SARA), must first be filed with the institution to seek resolution.
The student should begin the complaint process with the institution and if resolution is not found, the student would contact the institution’s home state SARA Portal Entity.
Visit the website to learn more about NC-SARA.