General Regulations As a result, significant delays may be unavoidable, including delay until the beginning of the next academic period. 1. Notice is sent within 15 days of verification of complaint. 2. The hearing will take place no sooner than 10 days after the notice of hearing is mailed unless mutually agreed by all parties. 3. An effort will be made to have the hearing take place no more than 20 working days after notice is mailed. However, due to limited availability of students and faculty, significant delays may occur. The appropriate Vice President may determine that the hearing will be delayed until the beginning of the next academic period. • The proceedings are tape-recorded and the tape is the sole record of the hearing. • Only the panel members, the complaining student(s) and the responding employee(s) remain in the room throughout the proceedings. • Each party may bring an advisor, but the advisor may not speak for or in any way represent the person whom they are advising. • Should anyone fail to attend the hearing, the hearing will be held without the missing person(s). • The panel shall base its decision solely on the evidence and testimony presented. • In general, written statements from individuals not present at the hearing will not be admissible without some authentication of the statement, such as a notary signature and seal. • The panel shall have the right to question all parties. • Both the complaining student and the responding employee may bring witnesses to speak on their behalf. • Following the presentation of all evidence and testimony, the panel will excuse all other individuals and conduct their deliberations in private. • Results of the hearing are sent forward to the appropriate Vice President or other designee of the Superintendent/President within 5 working days of the conclusion of the hearing. • The appropriate Vice President or Presidential designee notifies in writing the parties in question within 10 working days of receiving the recommendation from the hearing panel.
• The only new evidence which may be submitted with the appeal is new evidence which comes to light after the hearing and which was not available prior to the time of appeal. • No new respondents may be added to the grievance at the appeal level. • The appeal is considered based solely upon the written record. However, the Superintendent/President may conduct an investigation at her/his discretion. • The Superintendent/President will respond within 5 working days of receipt of the appeal.
Board of Trustees
• Either party may appeal the decision of the Superintendent/President. • Appeals must be filed within 5 working days of receipt of the decision. The appeal will be heard at the next available Board of Trustees meeting for which there is sufficient time to include the agenda item in the legal notice of the meeting. • Appeals are addressed to the Board of Trustees c/o the Superintendent/President. • Appeals must cite one or more specific flaws in the implementation of the process of review. Merely disagreeing with the outcome of the appeal is not sufficient grounds to file a final appeal. • Appeals are conducted based solely on the written record. However, it shall be the right of the Board to call and question any individuals related to the issues at hand. • Hearings are held in closed session and the decision is announced in open session. • The Superintendent/President will respond within 5 working days of the Board’s action on the appeal. • Appeal to the Board is the final step in the student’s “due process” procedures. • Concerning requested remedy: Issues of remedy sometimes include requests for disciplinary action against one or more employees. It is not within the power of the grievance process to assign or implement any disciplinary action against college employees. Students are discouraged from listing disciplinary action as their sole remedy. Employee discipline is strictly governed by state and local laws and regulations as well as by employment contracts. Provided all other requirements are met, the results of a grievance may be included in an employee’s evaluation only to the degree permissible by contract and by law.
Appeal
This policy was approved by the Board of Trustees on June 28, 2001; however, it is currently under review.
Superintendent/President
Sex Discrimination
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Either party may appeal the decision of the hearing. Appeals must be filed within 5 working days. Appeals are addressed to the Superintendent/President. Appeals must cite one or more specific flaws in the conduct of the process of review. Merely disagreeing with the outcome is not sufficient grounds to submit an appeal.
Pursuant to Section 86.9 of Subtitle A of Title 45, Code of Federal Regulations, implementing Title IX of the Education Amendments of 1972 (20 USC, Section 1681, et seq.), Mt. San Jacinto Community College District of Riverside County hereby notifies all applicants for admission and employment, all students, employees, parents of secondary school students, and all union and professional
Mt. San Jacinto College 2009-2010 Catalog