Student Complaints and Grievances

Date of Adoption

August 2001

Effective Date of Last Review

August 1, 2021

Date of Last Review

September 2020

Date of Next Review

September 2027

Custodian of Policy

Vice President for Student Affairs and Enrollment Management

Policy

Minnesota State University, Mankato has a commitment to a respectful learning environment. Students have the right to seek a remedy for when they believe a campus office/department or a Minnesota State employee treated them in an improper, unfair or arbitrary manner.  Students are encouraged to resolve the matter informally before initiating this process.  Students seeking advice may contact the Minnesota State University Mankato Student Government or an academic advisor.

Procedure

The Student Complaints and Grievances policy does not apply to Minnesota State Mankato or Minnesota State system rules or regulations that have an existing appeal or grievance process. For certain situations, other policies and procedures must be followed.

Applicable Policy

Responsible Office

Discrimination or harassment based on protected class status

Office of Equal Opportunity and Title IX

Student misconduct allegations

Office of Student Conduct

Grade appeals

Office of Academic Affairs

Academic suspension appeals

Office of Academic Affairs

Parking

Office of Parking and Traffic Services

Recognized Student Organization concerns

Student Government

 

Definitions

Complaint – An oral or written claim of improper, unfair or arbitrary treatment (Minnesota State Procedure 3.8.1 Student Complaints and Grievances) submitted by a student for possible informal resolution.

Grievance – A written claim raised by a student alleging improper, unfair, or arbitrary action by an employee involving the application of a specific provision of a college or university rule/regulation or a board policy or procedure (Minnesota State Procedure 3.8.1), submitted by a student on the student grievance form if the initial complaint is not resolved informally.

Appeal – The outcome of a grievance may be appealed by the student or the respondent(s) named in the grievance if either party offers new information or evidence of procedural errors in the handling of the grievance that substantially impacted the outcome.

Respondent - the employee(s), office or department that is the subject of the complaint and/or grievance.

Retaliation prohibited- No retaliation shall be tolerated as a result of any individual’s participation in the student complaint or grievance process.

Data Privacy- Records shall be protected under the Family Education Rights and Privacy Act, Minnesota Government Data Practices Act and the Student Records Policies and Procedures of Minnesota State.

Contractual stipulations- This policy is not an employee disciplinary process. Information collected about an employee while investigating a student grievance, must conform to the procedures included in the appropriate collective bargaining agreement or personnel plan for the employee for whom the complaint is against.

Informal resolution procedure

The student presents an oral or written complaint to the office, department or to the employee(s) involved. For full consideration, the complaint should be filed during the term in which the concern arises or within the first two weeks of the subsequent term. Matters can often be resolved through direct, informal conversation. The student shall be provided an oral or written response to the complaint within 14 business days unless reasonable cause for delay exists. If the complaint is resolved, the process is complete.

Formal grievance procedure

If a concern is not resolved informally, the student may then proceed to the formal grievance procedure. The grievance form must be submitted within 14 business days of receiving the outcome of the complaint.

Step 1
The student obtains an official grievance form, either from the Student Government office, online at https://mankato.mnsu.edu/university-life/campus-services/student-affairs/student-complains-and-appeals/submit-complaint-or-grievance/, or the form located at the end of the policy and submits the form to the Department Director, Dean or Vice President with direct responsibility for the employee(s), office or department involved in the claim. Academic grievances must go to the academic dean.

Step 2
The Department Director, Dean or Vice President or designee determines whether the claim constitutes a grievance within five business days.

  1. Employees named on the grievance form will receive copies of the submitted form and any supporting materials, including a copy of the letter determining if the claim documented on the form constitutes a grievance as defined by this policy.
  2. Employees named on the grievance form may submit a written response to the claim to the Department Director, Dean or Vice President.

Step 3
If the claim on the grievance form constitutes a grievance (as defined by Minnesota State system policy 3.8 Student Complaints and Grievances ), the Department Director, Dean or Vice President will appoint a designee to review the grievance within 21 business days from the determination that the claim constitutes a grievance unless reasonable cause for delay exists. If a meeting is held as part of the review process, both the student grievant and the respondent may be accompanie by a support person who shall not participate directly in the process but may advise the person who invited her/him. The designee will review the grievance and report findings to the Department Director, Dean or Vice President.

Step 4
Within 14 business days of receiving the designee’s findings, the Department Director, Dean or Vice President will inform the grievant and the respondent(s) of a decision. This response will support the student’s proposed remedy, suggest an alternative remedy, or find the grievance without merit.

Appeals

The outcome of a grievance may be appealed by the grievant or the respondent(s) named in the grievance if either party has new information that was not available at the time of the decision of the grievance by the designee or evidence of procedural errors in the handling of the grievance that substantially impacted the outcome.

Appeals must detail the grounds for appeal and identify a suggested remedy. Appeals are to be filed with the administrator responsible for the Department Director, Dean, or Vice President who responded to the grievance form, no later than 7 business days after the parties receive notice of the outcome of a grievance. The administrator reviewing the appeal, or designee, may request a meeting or additional information, if needed. A written decision will be provided to all parties within 21 business days of receiving the appeal unless reasonable cause for delay exists.

If the grievance specifically involves a Minnesota State System Board policy or the actions of the University president, a student may further appeal the University decision to the Minnesota State Chancellor. The decision of the Chancellor is final and binding.

 

Rationale