2005-2006 - Volume 80, No. 1

This Rule creates a Student Ombudsman’s Office which is accountable to the President. The purpose of the Student Ombudsman’s Office is to provide assistance and an appeal process for a student desiring to appeal a decision relating to the student’s access to courses and credit granted toward his/her degree. The President shall establish a procedure by which a student may appeal to the Office of the Student Ombudsman an adverse decision related to the student’s access to courses and credit granted toward their degree. The procedure shall establish minimum standards for the role of the Student Ombudsman and shall address the issue of notification of students of opportunities for assistance or appeal.

Student Ombudsman Office Procedure
(College Rule 6Hx23-4.362)

1. Student's access to courses and credit granted toward the degree.
   A student who believes that his/her rights to access a course or to credit granted toward their degree has been wrongfully abridged may appeal to the Office of the Student Ombudsman provided:
   
   
   1. The student has met with the appropriate program director or other appropriate administrator seeking resolution. The program director has denied the request. (The program director shall send the student a copy of this Procedure and a written denial of the student’s request setting forth the reasons for the denial.)
   
   
   
   2. That upon the denial by the program director of the student’s request, the student seeks review of the program director’s denial. The student must present in writing within 10 working days of after the denial his/her request and the reasons supporting the request to the associate provost or designee. The associate provost or designee shall, within 5 working days after the receipt of the written request, affirm or overrule the program director’s decision. The associate provost or designee shall send the student and the program director a copy of the written determination by delivery, College mail or U. S. Mail. In the event the associate provost or designee affirms the decision of the program director and denies the student’s request, the student may within 10 working days after the date of the associate provost’s or designee’s written determination, file a written appeal to the Office of the Student Ombudsman stating the reasons supporting the appeal and send copies of the written appeal to the program director and associate provost or designee by delivery or U.S. Mail.
   
   
   
   3. If the student appeals to the Student Ombudsman, the program director and/or the associate provost or designee may file a written response to the student’s written appeal with the Student Ombudsman within 5 working days after receipt of the student’s written appeal. Any written response should be sent to the student, the program director or associate provost or designee by delivery, College mail and/or U. S. Mail. (The student, program director and the associate provost or designee shall be collectively described hereinafter as the “interested parties.”)
   
   
   
2. The Authority of the Student Ombudsman:
   
   
   1. Assistance
      The Office of the Student Ombudsman may assist a student any time in matters related to the student’s access to courses and credit granted toward their degree.
   
   
   
   2. Authority on Appeal
      The Student Ombudsman shall have the authority to review the denial of the student’s request for access to courses or for credit granted toward the student’s degree as set forth in subparagraph D.1. or 2. below and may grant the students request provided:
      
      
      1. That the student has complied with Paragraph I. above; and
      
      
      
      2. The Student Ombudsman determines that one or more of the following reviewable grounds exist:
         
         
         1. that there has been inappropriate disparate treatment of this student as compared to other students in the program
         
         
         2. that there is unlawful discrimination;
         
         
         3. that the student previously received and had reasonably relied upon inappropriate or misleading information given by a College official who the student reasonably should have believed was qualified to give the information; and/or
         
         
         4. that the student has presented substantial evidence of undue hardship and the action taken by the Student Ombudsman would not substantially alter the program, its requirements and/or adversely affect the rights of other students.
         
         
         
   3. Alternative Procedure/Election
      The student in lieu of appealing to the Student Ombudsman may in the alternative use the appeal procedure for matters, which are grievable under BOT Rule 6Hx23-4.36 - Student Grievances and Appeals, Appeals to Waive Requirements of CLAST, Appeals to Exclude Coursework from Grade Point Average Calculations, Student Body Governance and Recommendations or P6Hx23-1 .34 - Procedure Discrimination Grievance. Once a student has filed an appeal with the Office of the Student Ombudsman pursuant to this Procedure or in the alternative has filed an appeal grievable pur¬suant to BOT Rule 6Hx23-4.36 and P6Hx23-1 .34 with the chairperson of the respective Grievance Committee pursuant to the formal resolution process, the student shall be deemed to have made an election of which procedure is to be used and the decision of the student is final and the student shall not be permitted to thereafter pursue the other alternatives.
   
   
   
   4. Procedure Before the Student Ombudsman
      The student appeals to the Student Ombudsman, when:
      
      
      1. The student has complied with Paragraph I. above; and
      2. The Student Ombudsman determines that one or more of the foregoing
         (II. B. 2. a-d) reviewable grounds exist; the student may:
         
         
         1. request a hearing with the Student Ombudsman serving as the hearing officer and decision maker. The student and other interested parties may present evidence, cross-examine witnesses and provide written or oral arguments of their position. The Student Ombudsman shall send all interested parties a copy of said Guidelines with the Notice of Hearing. The Student Ombudsman shall send all interested parties a copy of the written decision stating the reasons therefore by delivery, College mail or U. S. Mail within 10 working days after the conclusion of the hearing.
         
         
         
         2. Or in the alternative, request the Student Ombudsman to investigate and review the matter and based upon the investigation and review, the Student Ombudsman shall have the right without holding a hearing to enter a decision. When the student chooses this alternate procedure before the Student Ombudsman, the Student Ombudsman shall investigate and review the matter and grant or deny the student’s request in writing stating the reasons for the decision within 20 working days after the receipt of a timely request. The Student Ombudsman shall send the interested parties a copy of the decision by delivery, College mail and/or by U. S. Mail. The student waives any right to a hearing when choosing this alternate method of review and appeal to the Student Ombudsman.
         
         
         
         3. The President’s decision shall constitute final action. The President shall send a copy of the decision to the student, program director, associate provost or designee and Student Ombudsman by delivery, College mail and/or U. S. Mail.
         
         
         
3. Appeal to the President
   The student, the program director and/or the associate provost or designee may appeal the decision of the Student Ombudsman to the President, provided, however, the President shall not reverse the decision of the Student Ombudsman unless the Student Ombudsman’s action is not supported by competent substantial information recorded in his/her file, is beyond the authority of the Student Ombudsman, is not based on one or more of the grounds set forth in Paragraph II. B.2 a.-d. above and/or the Student Ombudsman’s determination is arbitrary and capricious and without rational basis.
   
   
   1. Any party appealing to the President must file their appeal in writing stating the reasons the decision of the Student Ombudsman should be reversed or modified. The appeal must be filed with the President within 10 working days after the date of the Student Ombudsman’s decision with a copy of the appeal request being sent to other interested parties (which shall include the student, program director, associate provost or designee and the Student Ombudsman) by delivery, College mail and/or U. S. Mail. Other interested parties may respond to the appeal request in writing to the President within 10 working days after the date the appeal is filed with the President and shall send copies of their response to other interested parties by delivery, College mail and/or U. S. Mail.
   
   
   
   2. The record on appeal to the President shall consist of the student’s request and reasons at each level of review and/or appeal, the program director’s denial, the associate provost’s or designee’s denial, the Student Ombudsman’s complete file, and any request for appeal or response.
   
   
   
   3. The President’s decision shall constitute final action. The President shall send a copy of the decision to the student, program director, associate provost or designee and Student Ombudsman by delivery, College mail and/or U. S. Mail.
   
   
   
4. Time Limitations
   
   
   1. For Review or Appeal
      The failure of the student, program director or the associate provost or designee to seek timely review or appeal as provided herein shall constitute a waiver of any rights of further review or appeal.
   
   
   
   2. For Decisions
      The person whose duty it is to make a decision shall do so within the time limitations set forth herein above, provided, however, the time may be extended at any level when reasonably necessary upon the approval of the President.
   
   
   
5. Appointment of the Student Ombudsman
   The President shall appoint the Student Ombudsman, who shall be accountable to the President.



6. Notification to Students
   The College catalog and student handbook shall outline availability of the Office of the Student Ombudsman to assist students with access to courses and credit granted toward their degree and of student’s right of appeal to the Student Ombudsman of an adverse decision related to the student’s access to courses or credit granted toward their degree.

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Last revised Jan 31 2006
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