University Grievance Policy [Interim]
Purpose
The University is committed to maintaining a transparent, fair, and accessible environment for all community members. This policy establishes standardized pathways for addressing institutional grievances and complaints designed to promote prompt and equitable resolutions, and maintain institutional compliance with the Middle States Commission on Higher Education (MSCHE) Standard 2. By structuring clear avenues for general and specialized disputes, this policy protects constituent rights and fosters continuous institutional improvement.
Scope
This policy applies to all current university constituents, including students, faculty and staff across all colleges, divisions, and campus locations. The policy describes procedures for the submission and handling of complaints by constituents related to the certain University actions as further described herein. For employees covered by a Collective Bargaining Agreement (CBA), the grievance procedures outlined in their respective contract govern employment-related grievances.
This grievance procedure applies solely where procedures to address or challenge the action or conduct at issue are not otherwise already provided by applicable policies of the University or of its schools. As such, this policy does not apply where another University policy, procedure, faculty handbook, employee handbook, student handbook, or other governing document provides a specific process for addressing the matter at issue. Complaints concerning matters such as, for example, discrimination or harassment, Title VI, Title IX, student conduct, academic decisions, academic integrity, tenure or promotion, employee discipline, or other matters for which a separate process exists shall be addressed through the applicable procedures. As these systems already provide mechanisms for review and/or appeal, this policy does not apply to complaints relating to challenging any charges, decisions, results or outcomes related thereto.
This policy is intended to supplement, not replace, routine and informal methods of responding to and resolving employee and student complaints. As such, this policy also does not apply to traditional employee matters such as, without limitation, performance appraisals, informal non-disciplinary corrective actions (e.g., Performance Improvement Plans), workload and working conditions, compensation/benefits, or job classifications, which should be resolved through regular and effective communication between supervisors and employees. The University expects and encourages supervisors and employees to communicate openly and regularly so that the interests of the employee and the university are best served.
Not every concern qualifies as a grievance. For example, and without limitation, concerns that do not directly affect the complainant, course offerings, departmental staffing, or appeals of specific grades are not covered under this policy. Nor is this policy intended to provide a mechanism for challenging matters committed to the University's academic, administrative, operational, or business judgment, including, without limitation, institutional planning, resource allocation, organizational structure, staffing, or other such decisions, except as otherwise provided in an applicable University policy.
Nothing in this policy guarantees any particular process, investigation, outcome, corrective action, or appeal.
Definitions
Grievance: Within the scope of this policy, a good faith allegation that the University (a) failed to follow an applicable policy or procedure, or (b) unfair treatment regarding university employment, academic environments, or operational practices, in a manner that directly or materially affects the Constituent making such complaint.
Constituent: Any currently enrolled undergraduate or graduate student, or any currently employed full-time or part-time faculty or staff member of the University (excluding temporary, casual or employees on their trial period).
Immediate Leadership: The immediate administrative supervisor, department chair, academic advisor, program director, or unit leader directly overseeing the constituent or the area where the concern originated, or their designee.
Specialized Concerns: Dedicated, regulatory-driven reporting pathways managed by specific compliance offices for distinct issues, including Title IX/harassment, student conduct violations, and formal grade appeals.
Responsibilities
Executive Deans and Vice Presidents: Serve as the institutional authority for general concerns within their respective schools or divisions, ensuring that lower-level reviews were conducted in alignment with university policy.
Immediate Leadership (i.e. Chairs, Supervisors, Directors): Responsible for receiving local concerns, conducting timely and impartial reviews, and actively working to facilitate localized resolutions. Responsible for ensuring consistent recording and reporting of grievances.
Specialized Compliance Offices (i.e., Title IX, Student Conduct, or Grade Appeals): Responsible for independently administering, investigating, and rendering final decisions on matters falling under specialized compliance tracks. Responsible for ensuring consistent recording and reporting of grievances.
University Constituents: Responsible for, within the scope of this policy, identifying the nature of their concern and initiating the resolution process through the correct designated pathway in a timely, constructive manner.
Policy
The University seeks to ensure that all constituents have access to fair and objective procedures to resolve concerns without fear of administrative penalty. Retaliation against any individual for filing a concern or participating in a resolution process is strictly prohibited.
Constituents with general concerns must first seek resolution through their Immediate Leadership before escalating the matter, except that, in cases where concerns involve their Immediate Leadership, which should be raised to their Executive Dean/Vice President to determine the appropriate pathway for resolution. Also, issues relating to a designated Specialized Concern (i.e. Title IX/Harassment, Student Conduct, or Grade Appeals) must be filed directly with the appropriate designated office.
Data Retention and Assessment Requirement: To ensure institutional transparency and compliance, all offices responsible for receiving, managing, or resolving concerns or complaints under this policy must maintain secure, confidential records of reported grievances and their resolutions. Student, faculty, and staff complaint records and their resolutions must be retained for a minimum of four (4) years. All records must be maintained in a manner that protects the confidentiality of complainants, respondents, and witnesses.
This policy does not supersede grievance policies for constituents bound by a collective bargaining agreement, as applicable. This grievance procedure applies solely where procedures to address or challenge the action or conduct at issue are not otherwise already provided by applicable policies of the University or of its schools.
This Policy is intended solely as an internal administrative guideline. It does not create contractual rights, substantive rights, procedural rights, or any private cause of action.
Procedure
Operational Steps: The operational steps for registering a concern follow two distinct institutional pathways:
- General Pathway: Constituents wishing to make a complaint within the scope of the policy shall, within twenty (20) working days of any occurrence giving rise to the complaint, first contact the person responsible for the matter being grieved and attempt to resolve the grievance informally. If that does not resolve the matter, the constituent submits a written complaint within the scope of this policy, to their Immediate Leader. The complaint shall state the nature of complaint, describe the facts and evidence supporting the alleged violation, indicate what redress the grievant seeks, and provide a brief history of the attempts to informally resolve the grievance. The constituent’s Immediate Leader should acknowledge receipt of the complaint in writing within a reasonable time. When reasonably possible and appropriate, constituents should attempt to resolve the concern through consultation with their Immediate Leader, including by taking any actions recommended by their Immediate Leader. Within a reasonable time after reviewing the matter, the Immediate Leadership should issue their decision in writing to the complainant.
A request for review of this decision will be considered only where the complainant demonstrates (1) a material procedural error, (2) a demonstrated conflict of interest or bias that affected the outcome, or (3) the existence of new information that was not reasonably available during the initial review and that could materially affect the outcome. Such appeals must be submitted in writing within ten (10) working days from receiving a decision from Immediate Leadership to the appropriate Executive Dean or Vice President for an administrative review. The appeal shall state the nature of complaint, describe the facts and evidence supporting the alleged violation, indicate what redress the grievant seeks, on what basis the complainant is appealing the decision of Immediate Leadership, and provide a brief history of the attempts to resolve the grievance. The appropriate Dean or Vice President should acknowledge receipt of the escalated complaint in writing within a reasonable time. Within a reasonable time thereafter, the appropriate Executive Dean or Vice President will inform the constituent in writing of the outcome of the administrative review.
At each stage of the process, reviews will be conducted fairly and impartially. Written documentation of all complaints and resolutions at each stage will be maintained by the receiving office. The review process should be conducted, and all records maintained, in a manner that protects the confidentiality of complainants, respondents, and witnesses.
- Specialized Pathway: The constituent contacts the specific office designated to handle the type of complaint or compliance concern (i.e., Title IX, Student Conduct, or Grade Appeals) directly, following the mandated procedures of that unit. All complaints submitted to a Specialized Pathway office will be addressed consistent with the procedures of each Specialized Pathway office.
Enforcement
The University reserves the right to interpret and administer this policy in a manner that is consistent with its purpose and objectives, including determining the appropriate process for addressing a concern, whether a matter falls within the scope of this policy, and whether alternative University policies or procedures are more appropriately applied. The University reserves the right to decline to process or further review any submission that falls outside the scope of this policy, is more appropriately addressed through another University process, lacks sufficient information, is duplicative of a matter previously reviewed, or is determined to be frivolous, abusive, or submitted in bad faith.
Responsible University Official: The Provost
Responsible Office: Planning and Effectiveness (Prisca Wood), Academic Services (Paula Young)
Contact Information: woodp@newschool.edu