- Purpose
- The Student Grievance Policy outlines procedures for addressing student complaints fairly and equitably, in accordance with Davis Technical College’s standards for due process.
- References
- 2.1 Utah Code 53B-27: State System of Higher Education Campus Individual Rights Act Part 6: Student Legal Representation
- Definitions
- Grievance - A complaint about an incident that happened while a student was enrolled, involving another student, faculty, staff, or guest, and that violates College policies or procedures. Examples include sexual harassment, racial discrimination, or similar issues. To review the complaint fairly, reliable evidence or testimony is required.
- Student - The College recognizes student status as a person engaged in an active course of study.
- Guest - A guest is anyone visiting the College who is not a current student or employee. This includes vendors, members of the public, or people attending classes run by other organizations. Guests cannot use the College’s Student Grievance Procedure and should address concerns with their own institution. However, a student may file a grievance about a guest.
- College Ombuds – a neutral and confidential resource who does not make decisions or take sides. Their role is to listen, provide guidance, explain options, and help students navigate College policies and procedures.
- Due Process - Due process refers to the right to be heard, which shall be provided to all parties associated with a student grievance. Due process includes the right of notification of statements or charges made and reasonable opportunities to respond in a timely manner prior to disciplinary action taken by the College. Student should be informed of standards and regulations regarding student conduct and performance standards. Resolutions and disciplinary actions, which are outcomes of a complaint, shall be clearly examined and fairly administered.
- Confidentiality - College staff, faculty, and students have a right to privacy and confidentiality, subject to College rules and federal FERPA and GRAMA requirements. The College shall exercise reasonable and diligent observance of the rights of all parties associated with a reported grievance.
- Informal Grievance - An informal grievance is a complaint taken to an instructor or Academic Advisor for consideration and is often a preferred alternative to formal procedures for obtaining a reasonable resolution. While this process is recommended whenever possible, it is not a pre-requisite to filing a formal grievance.
- Formal Grievance - A process requiring a written complaint relating to an incident which occurred on campus or campus-controlled property during the period of time when a student was actively enrolled in a program of study. The formal written grievance shall be submitted to the Director of Student Services Details and documentation concerning the incident in question must be provided to the Director of Student Services along with the formal complaint, who shall conduct appropriate notifications and reviews in accordance with College policy.
- Secondary Student - A student is eligible if, during the fiscal year they are enrolled, they are in grades 10th through 12th at a Utah public or private school, are 17 years old or younger as of September 1 (or up to 19 if they are a retained senior or were below grade 12 the previous year), and have not earned a high school diploma, certificate of completion, adult education diploma, GED, or any other high school equivalency credential.
- Policy
- The College recognizes and supports the student’s right to grieve (formally or informally) any incident, which he or she believes to be a violation of College policies or procedures. All such grievances will be given a fair hearing by College personnel.
- Students who have concerns or wish to file a grievance may speak with the College Ombuds for support. Speaking with the Ombuds does not start a formal grievance process, but it can help students understand their choices and feel supported. Student may contact them at Ombudsperson@davistech.edu
- Eligible grievances are those that occurred while a student was officially enrolled at the Davis Technical College.
- The College encourages students to address concerns on an informal basis whenever possible. In the event an attempt at an informal review of the matter does not result in a satisfactory outcome, the student may choose to submit a formal grievance.
- Students wishing to file a grievance must do so in writing within 10 days of the alleged incident to allow for a timely review of the complaint and related details.
- The College encourages students who become aware of sex discrimination or harassment to report such issues, with the consent of the alleged victim, to the Title IX Coordinator.
- In the event of extenuating circumstances, the College administration may choose to entertain a grievance, which is submitted after 10 days, but is under no obligation to do so. The decision to extend the time for any particular grievance in no way obligates the College administration to any future exceptions for other grievances.
- A representative of the College will be designated to receive the grievance and to ensure that the procedures outlined in this policy are followed including a response to the student who initially filed the grievance.
- All grievances and subsequent actions shall be thoroughly and appropriately documented.
- Any form of retaliation against a student who files a grievance is expressly forbidden by the College.
- In accordance with Utah Code 53B-27, students may, at their own expense, be represented by legal representation or a non-attorney advocate in disciplinary proceedings.
- The College recognizes and supports the student’s right to grieve (formally or informally) any incident, which he or she believes to be a violation of College policies or procedures. All such grievances will be given a fair hearing by College personnel.
- Procedures
- Procedures for Informal Grievances
- Students seeking an informal address to complaints shall first attempt to discuss the matter with their classroom instructor(s) to seek a resolution.
- If the student is unable to come to a satisfactory resolution in the classroom, the student should consult with an Academic Advisor.
- The Academic Advisor will investigate the complaint, talking to all named parties as appropriate to ascertain whether or not any violation of College policy or procedure occurred.
- After completion of the investigation, the Academic Advisor will suggest a solution and seek to gain consensus from all parties involved. Such action will be properly documented and may involve meeting(s) with any or all parties involved.
- If a satisfactory resolution through informal means is found to be acceptable to all parties involved, no further action shall be required. If no satisfactory resolution is found, the student may elect to use the formal grievance procedure.
- If the subject of the grievance is an Academic Advisor, the student may contact the Director of Student Services. A grievance that involves a director, associate vice president, or vice president will be referred to an alternate staff member of the same level for all required considerations.
- Procedures for Informal Resolution of Title IX complaints
- College may offer an informal resolution process only after a formal complaint is filed. Informal resolution may include a limited inquiry into the facts, but typically does not include an investigation. Informal resolution should be flexible enough to meet the needs of each case, and may include mediating an agreement between the parties, separating the parties, referring the parties to counseling programs, conducting targeted preventive educational and training programs, or providing remedies for the individual harmed by the offense.
- Participation in the informal resolution process is voluntary; the College may not require either party to engage in informal resolution as a condition of enrollment or enjoyment of any other right, waiver of the right to investigation and adjudication of formal complaints of sexual harassment.
- The College is not obligated to offer or facilitate informal resolutions. Because each case is different, the Title IX Coordinator shall determine whether a formal complaint of sexual harassment, discrimination, or retaliation is appropriate for informal resolution.
- At any time before reaching a determination regarding responsibility the Title IX Office may facilitate an informal resolution process, such as mediation, that does not involve a full investigation and adjudication, provided that the Title IX Office:
- Provides to the parties a written notice disclosing: the allegations, the requirements of the informal resolution process including the circumstances under which it precludes the parties from resuming a formal complaint arising from the same allegations, provided, however, that at any time prior to agreeing to a resolution, any party has the right to withdraw from the informal resolution process and resume the grievance process with respect to the formal complaint, and any consequences resulting from participating in the informal resolution process, including the records that will be maintained or could be shared;
- Obtains the parties’ voluntary, written consent to the informal resolution process; and
- Does not offer or facilitate an informal resolution process to resolve allegations that an employee sexually harassed a student.
- The College and Title IX Coordinator will keep record of and conclude informal resolution promptly and according to College Title IX policy.
- Procedures for Formal Grievances related to Title IX complaints
- Complainants, respondents, and witnesses shall be treated equitably and with respect throughout the grievance proceedings.
- College will evaluate all relevant evidence—both inculpatory and exculpatory—objectively and determine credibility without respect to a person’s status as complainant, respondent, or witness.
- Deadlines and timeframes established by the College’s Title IX policy may be extended for good cause with written notice to the parties and the reasons for the extension. Good cause may include considerations such as the absence of a party, a party’s advisor, or witness; concurrent law enforcement activity; or the need for language assistance or accommodation of disabilities.
- Parties may submit a request for a temporary delay to the Title IX coordinator. Any request for temporary delay or limited extension should include a good cause statement and the reason(s) for the request. If no good cause exists, Title IX Coordinator will deny the requesting party’s request in writing.
- Any person designated as a Title IX Coordinator, investigator, or decision maker shall be free of conflict of interest or bias for or against Complainants or Respondents generally or individually.
- Respondents, complainants, and witnesses shall not knowingly make materially false statements or knowingly submit materially false information during the grievance process. However, a determination regarding responsibility alone is not sufficient to conclude that any individual proffered a material falsehood.
- Complainants and respondents shall have supportive measures made available and be given the opportunity to request modifications necessary for physical and/or emotional safety.
- Complainants, respondents, and other participants in the Title IX process may request accommodations necessary under the Americans with Disabilities Act (ADA) through the Title IX Coordinator, who will refer the request to the appropriate ADA coordinator and then implement approved accommodations.
- The Formal Complaint, Formal Investigations, Live Hearings, Written Determination, Sanctions and Remedies, and Appeals processes will be managed and arranged by the Title IX Office according to the College’s Title IX policy: http://www.davistech.edu/title-ix.
- Procedures for Formal Grievances that are non-Title IX complaints
- Formal grievances must be submitted in the form of a written letter and must contain a statement of the alleged violation(s), a statement of the student’s desired resolution, and the student’s name, address and phone number. Although documentation of the alleged incident is not required as part of the grievance, reliable documentation and/or statements can assist the College in a fair and accurate review of the grievance.
- Written grievances will be given to the Director of Student Services
- The Director of Student Services will review the grievance to ascertain if all the required information has been provided.
- If the Director of Student Services determines that the information provided by the student is insufficient, additional information will be requested from the student.
- In order to resolve the situation in a timely manner, the student shall be encouraged to provide the information promptly. If the student fails to provide the requested information in a reasonable period of time (typically 10 working days), the grievance may be cancelled, and no further consideration will be given.
- The Director of Student Services will investigate the alleged incident to ascertain which College policies or procedures may have been violated.
- If the grievance concerns an instructor or program, the Director of Student Services will promptly notify the director over the instructor or program.
- In the event the Director of Student Services is the subject of the grievance, the grievance shall be referred to an alternate staff member of the same level for all required considerations.
- Depending on the nature and severity of the alleged violation, the Director of Student Services has the discretion to involve associate vice-presidents in the review and resolution.
- If the grievance concerns an instructor or program, the Director of Student Services will promptly notify the director over the instructor or program.
- Such investigations may include a review of all relevant and available documentation (provided by the student or otherwise available) and any other evidence as might be available.
- The aggrieved student will be given an opportunity for a fair hearing with the Director of Student Services, Program Director, and a neutral administrator appointed by the Director of Student Services.
- The administrative members involved in the hearing will make a final determination as to the validity of the grievance and the recommended resolution. Once determined, the final decision will be documented in a letter to the student.
- After receiving the response from the College, the student may request (verbally or in writing) a meeting with the Director of Student Services and other administrators involved to seek clarification of the response.
- If the resolution provided by the College representative is not satisfactory to the grieving student, a request for reconsideration may be filed with the College Associate Vice-President of Student Success.
- In the event the associate vice-president was involved in the grievance consideration, the request for reconsideration will be forwarded to the Vice President of Instruction and Student Success.
- A request for reconsideration must be submitted in writing within five days from the time the student was notified of the outcome of the grievance.
- The Director of Student Services will forward all relevant information, documentation, and evidence to the associate vice president of student success (or Vice President of instruction and student success if required) for review in a timely manner.
- The associate vice president of student success and associate vice president of instruction (or Vice President if required) shall review the request for reconsideration and the available information in a timely manner. Such review will include a hearing with the aggrieved student, the associate vice presidents of student success and instruction, and a neutral administrator appointee. The associate vice president of student success (or vice president of instruction and student success if required) may then select one of the following options:
- Support of the initial grievance resolution provided by the College representative, designating that resolution to be fair and appropriate based on the information reviewed.
- If determination is made that an alternate decision is appropriate based on the review of the available information, such decision will supersede any previously made decisions.
- The associate vice president of student success (or Vice President of Instruction and Student Success if required) shall provide a decision in writing in a timely manner to the student.
- The decision of the associate vice president of student success (or Vice President of Instruction and Student Success if required) shall be considered final forthe College, and no further remedies will be offered as part of the College Formal Grievance Process.
- Students retain the right to contact the Commission of the Council on Occupational Education in cases where the student grievance is not satisfactorily settled at the institutional level. Contact information for The Council on Occupational Education is below:
7840 Roswell Road
Building 300, Suite 325
Atlanta, GA 30350
800-917-2081 (voice)
770-396-3898 (voice)
770-396-3790 (fax)
council.org
- Formal grievances must be submitted in the form of a written letter and must contain a statement of the alleged violation(s), a statement of the student’s desired resolution, and the student’s name, address and phone number. Although documentation of the alleged incident is not required as part of the grievance, reliable documentation and/or statements can assist the College in a fair and accurate review of the grievance.
- Procedures for Informal Grievances
Policy migration in progress
Davis Tech is in the process of migrating our policies from PDF to HTML format to conform to Title II (ADA) requirements. During this transition period, the latest approved version of the policy is available (below) in pdf format, but may contain ADA Compliance errors.
Effective Date: 25 September 2025
- Approvals and Notes
- Revised Board Approval: 25 September 2025
- Revised President’s Council 15 September 2025
- Revised Board Approval: 16 May 2024
- Expanded President’s Council Approval: 13 May 2024
- Revised Board Approval: 24 September 2020
- Board of Trustees Approval: 24 September 2020
- Expanded President’s Council Approval: 14 September 2020
- President’s Council Approval: 16 October 2017
- Updated October 2017 to reflect new name and minor wording changes Updated: 15 August 2012
- President’s Council Approval: 13 August 2012
