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IV. GRIEVANCE PROCEDURES AND SPECIAL PROBLEMS

  1. Statement of Policy

    1. The University of Delaware is committed to assuring equal opportunity to all persons and does not discriminate on the basis of race, creed, color, gender, age, religion, national origin, veteran or handicapped status, or sexual orientation in its educational programs, activities, admissions or employment practices as required by Title IX of the Educational Amendments of 1972, Section 504 of the Rehabilitation Act of 1973, Title VII of the Civil Rights Act of 1964, and other applicable statutes. Inquiries concerning Section 504 compliance and information regarding campus accessibility should be referred to the Office of Disabilities Support Services. Inquiries concerning Title VII and Title IX should be referred to the Office of the Assistant Vice President for Affirmative Action & Multicultural Programs.

    2. Development of Grievance Procedures

      3. The student grievance procedure was established during the 1976-77 academic year, in part as a response to guidelines established by the United States Department of Health, Education, and Welfare related to non-discrimination on the basis of sex (Title IX). University procedure states that "if a University of Delaware student alleges that he or she has been grieved because of perceived discrimination on the basis of race, sex, or handicap, or because a faculty member or University official failed to follow established procedure, the student may utilize the student grievance procedure."

    3. Categories of Grievances

      4. Student grievance complaints generally fall into 4 categories:

      1. Americans with Disabilities Act ("ADA") complaints: a claim that alleges any actions prohibited by Section 504 of the Rehabilitation Act of 1973 or the Americans with Disabilities Act, 42 U.S.C. § 12101, et. seq.

      2. Grade complaints: a claim that an inappropriate grade has been assigned because of a faculty member’s bias or failure to follow an established standard for assigning a grade. A grade complaint may not be based solely on a claim that a faculty member exercised allegedly erroneous academic judgment (i.e., a student may not complain that class standards are too high, reading is too heavy, the grade curve too low, and so on).

      3. Sexual harassment complaints: a claim that alleges any instance of abuse, ill-treatment, or exploitation involving the irresponsible or unjust misuse of a position of authority, power, or trust.

      4. Other grievances not described above.

    4. Grievance Process Does Not Replace the Student Conduct System

      5. The rights and procedures established here do not replace or supersede the Student Conduct System described above. The University may charge persons through the Student Conduct System even when students or faculty members have filed grievances under this section. 

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  2. Grievance Procedures

    1. ADA Grievance Complaints

      2. The ADA grievance procedure is as follows:

      1. All ADA complaints shall be submitted to the University ADA Coordinator or, in the event that the complaint alleges a violation by the ADA Coordinator, to the Assistant Vice President for Multicultural Programs. (In that event, all references here to the ADA Coordinator shall mean the Assistant Vice President for Multicultural Programs).

      2. All complaints must be filed in writing, must contain the name and address of the complainant, and must describe the alleged violation.

      3. The complaint must be filed within 90 calendar days after the complainant becomes aware of the alleged violation.

      4. The University will conduct an informal investigation, affording all interested persons and their representatives with notice and an opportunity to be heard and to submit relevant information.

      5. A written decision on the complaint and a description of the proposed resolution, if any, will be issued by the ADA Coordinator no later than 15 business days after the complaint’s submission.

      6. The ADA Coordinator will, subject to University procedures and any applicable laws or regulations, maintain the files and records relating to the complaint.

      7. If the student wishes to appeal the ADA Coordinator’s written determination or proposed resolution, the student may appeal within 15 business days of its receipt. The appeal request must be in writing, describe the basis for his or her appeal, and be submitted to the Dean of Students.

      8. A written decision on the appeal, and a description of the proposed resolution, if any, will be issued by the Dean of Students no later than 15 business days after its submission. The determination of the Dean of Students shall be final and binding.

    2. Grade Grievance and Other Related Academic Complaints

      3. The procedure to file a grade grievance and other related academic complaint is as follows:

      1. A student with a complaint should, where appropriate, first try to reach agreement with the faculty member. This concern will be forwarded to the faculty member, in writing, within 10 business days of the end of the semester. Upon being notified of a student complaint, the faculty member must meet with the student to discuss the complaint within 10 business days.

      2. If the faculty member does not meet with the student within 10 business days, or if such a meeting would be inappropriate under the circumstances, or if the issue remains unresolved after a meeting between the student and the faculty member, the student may submit a written appeal to the faculty member’s department chairperson (or his or her designee), who will attempt to mediate the complaint. If the student does not know the faculty member’s department, or cannot ascertain the department chairperson, the student should contact the Dean of Students (if he or she is an undergraduate student) and the Assistant Provost for Graduate and Professional Education (if he or she is a graduate student). The appeal must be submitted within 5 business days of the meeting between the student and the faculty member.

      3. The department chair, or his or her designee, must issue a written decision on the appeal and a description of the proposed resolution, if any, no later than 15 business days after its submission.

      4. A student may appeal a decision by the department chair, or his or her designee, to the dean of the college in which the department is organized. If requested, the department chair, or his or her designee, shall provide the name and contact information for the appropriate dean to the student. This appeal request must be submitted no more than 5 business days after the student’s receipt of the department chair’s decision.

      5. The dean will establish a hearing panel within 15 business days of his or her receipt of the appeal or, if that is too close to the end of a semester or session, within 15 days after the beginning of the next semester. This hearing panel shall consist of 5 members, including 3 faculty members, only 1 of whom may be from the same department as the faculty member in question. The other 2 faculty members shall be drawn from other departments within that college or, if the college has too few departments, from other colleges. The hearing panel shall also include 2 undergraduate student members (for an undergraduate student’s appeal), or 2 graduate students members (for a graduate student’s appeal), neither of whom may be enrolled in the faculty member’s department.

      6. The hearing panel shall:

        1. Make available to the student and faculty member, at least 5 business days prior to the hearing, all material that has been furnished to the hearing panel and the names of any witnesses who may give testimony.

        2. Provide the student and faculty member with the opportunity to hear all testimony and examine all documents or other materials presented to the hearing panel.

        3. Provide the student and faculty member with the opportunity to question each witness.

        4. Allow the student and faculty member each to be assisted by an advisor of their choice from among the members of the University community. The advisor may help prepare the presentation before the hearing panel, raise questions during the hearing, and, if appropriate, help prepare an appeal. A department chair who has mediated or attempted mediation is not permitted to serve as advisor to either party

        5. Permit the faculty member and student to make a summary statement at the conclusion of the hearing.

        6. Make an audio recording of the hearing that shall be kept in the dean’s office for at least one calendar year after the hearing’s conclusion.

      7. Within 10 days after the conclusion of the hearing, the hearing panel shall prepare a written decision and proposed resolution, if any. The hearing panel shall inform the Registrar’s Office (for undergraduate students) or the Office of Graduate and Professional Education (for graduate students) and the Dean of the College in which the student is enrolled of the decision.

      8. A student or faculty member who is not satisfied with the decision by the hearing panel may appeal to the Academic Appeals Committee of the Faculty Senate. This appeal must be submitted within 30 business days after receipt of the hearing panel’s decision. This Committee, on reviewing the case, may uphold the decision of the college committee without a hearing or decide the appeal should be heard.

      9. The Chair of the Academic Appeals Committee may appoint an ad hoc hearing panel from among the current members of the committee, consisting of 3 faculty members and 2 students, or the entire committee may serve as the hearing panel. If the grievant is a graduate student, the 2 student panel members should be graduate students, and if the grievant is an undergraduate student, the student panel members should be undergraduates. During the hearing, the student and faculty member may be assisted by an advisor they have chosen from the University community. The process set forth for the hearing panel (above) also shall govern this hearing.

      10. The decision of the Academic Appeals Committee or, if applicable, the ad hoc committee, shall be final. The committee shall inform the Registrar’s Office (for undergraduate students) or the Office of Graduate and Professional Education (for graduate students) and the Dean of the College in which the student is enrolled of the decision.

      11. No grade shall be changed as a result of a grade grievance complaint, except as follows. In the case of a grade grievance, the University Registrar’s Office is authorized to change the student’s grade in the following situations:

        1. When the student and the faculty member agree;
          2.       

        2. If the department chair approves the student's appeal and the faculty member does not appeal that decision;

        3. If the dean approves the student's appeal based on the hearing panel's recommendation and the faculty member does not appeal that decision; or

        4. If the Academic Appeals Committee approves the student's appeal.

    3. Sexual Harassment Grievance

      1. A student who is sexually harassed by a student or students may seek resolution through the Student Conduct System.

      2. A student who believes that he or she has been harassed by a faculty member or other University employee may seek resolution through the following complaint procedures:

        1. Lodging a Complaint: Students who believe that they are being subjected to unlawful harassment, including sexual harassment, should discuss the matter with their supervisor/advisor, if appropriate, or directly contact the Office of Women's Affairs (OWA) the Office of Affirmative Action (OAA) or the Office of Labor Relations (OLR) for confidential support, information and possible informal resolution. Complaints of unlawful harassment will be referred to the Vice President for Administration for further investigation and corrective action. Students may also contact the Vice President for Administration directly, if they feel they have been subjected to unlawful harassment. Complaints will be investigated by the Vice President for Administration.

        2. Procedures: Upon receipt of an allegation of sexual or other unlawful harassment against a full-time faculty member, the Vice President for Administration will meet with the individual against whom the complaint has been made, his/her department chairperson or immediate supervisor, college dean or unit head and the AAUP Contract Maintenance Officer.

          The AAUP will be notified if the complaint involves a faculty member(s) in any way. If the accused is a faculty member, the AAUP will be notified in time to allow consultation with the accused prior to the meeting. The Vice President for Administration will advise the accused that it is in his/her best interest to seek out the AAUP Contract Maintenance Officer for consultation prior to any meetings.

          The Vice President for Administration will interview other individuals when needed in conjunction with the AAUP Maintenance Officer, to ascertain the validity of the complaint. The investigation will proceed in a timely manner and every effort will be made to conclude the investigation within thirty working days of its inception. All reports of unlawful harassment are considered to be confidential. All individuals involved in reviewing an allegation of sexual or other unlawful harassment maintain confidentiality to the fullest extent possible within the requirements of conducting a complete investigation.

          If the Vice President for Administration, after deliberating with the parties named in paragraph one above, finds that there has been a violation of this policy, corrective action will be promptly taken. This may include one or more of the following actions depending on the severity of the offense:

          1. A verbal warning that a repetition of the reported impropriety will result in written action.

          2. Placement of a letter in the individual's personnel file indicating the nature of the improper behavior. The letter may include a notation about required counseling and any action that will be taken in the future should there be a repetition of the offensive behavior(s).

          3. Immediate removal of the individual from the classroom/work site and placement on leave of absence so that the individual can receive appropriate counseling. Return to teaching and/or professional duties will be guided by the individual's progress.

          4. Initiation of written action by the dean or appropriate vice president to dismiss the individual from the University's employ. For faculty, dismissal will follow the procedures set forth by the Faculty Senate Committee on Welfare and Privileges.

          The Vice President for Administration will, as soon as practicable, notify the complainant(s) when the investigation has been concluded and indicate the nature of any corrective action taken.

      3. A student may also seek emotional support by discussing the alleged harassment privately and in confidence with a psychologist from the Center for Counseling and Student Development.

      4. Non-Retaliation: It is a violation of University policy to retaliate in any way against students because they have raised allegations of sexual or unlawful harassment.

    4. Other Alleged Grievances

      The University may, at its discretion, permit a student to submit a grievance for problems other than those described above. A request must be submitted by the student to the office of the Dean of Students for undergraduate students and Office of Graduate and Professional Education for graduate students within 30 days after the last event giving rise to the alleged violation. If the request is granted, the University will decide upon the appropriate process to govern its resolution and may, but need not, follow the process set forth above for grade complaints.

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  3. Behavioral Review Committee

    1. Statement of Policy

      2. The University has established a process to help students who are unable to cope with daily pressures or other stresses, particularly when the rights of others or an individual’s own health and safety are endangered. The process also is designed to assist those who are concerned about a student who seems to have difficulty coping. 

      The Behavioral Review Committee receives information and offers advice concerning students who are experiencing significant behavioral disturbances. Anyone who is concerned about a student is encouraged to contact the Office of the Dean of Students or, in the case of an emergency, the Department of Public Safety.

    2. Committee Membership

      3. The Behavioral Review Committee, when investigating conduct by any student, may include any of the following representatives or their designees: the Dean of Students, who shall serve as the Chair; the Director of the Center for Counseling and Student Development; the University Psychiatrist; the Director of Public Safety; the Director of the Office of Student Conduct; the Director of Residence Life; the Vice Provost for Graduate and Professional Education; a dean of a college or department chair or faculty member who is familiar with the student; and the Assistant Provost for Graduate and Professional Education.

    3. Disruptive Behavior

      4. When a student exhibits disruptive behavior that is detrimental to the student, other members of the University community, or the orderly conduct of the University, the University may take the necessary action to protect the student or other affected parties. The Behavioral Review Committee (or in an emergency the Dean of Students) will determine such action, which may include, but is not limited to, notifying the parents or next-of-kin (regardless of the student’s age) or initiating the action necessary to place the student in the custody of an institution capable of dealing with the student’s behavior.

      Before the student returns to classes or to the residence halls, the University may require that the student provide a written statement from a licensed mental health professional attesting that the student is ready to return to the University and that his or her behavior is not likely to cause harm to the student, to any other person, or to the orderly conduct of the University. Such documentation will be provided to the Dean of Students and will be used to determine the terms for the student’s continued enrollment and residency on campus. In addition, the student may be asked to meet with the Dean of Students to ensure that the student understands behavioral expectations and is aware of support systems to help the student maintain appropriate behavior. Failure to comply with the terms established for the returning student may result in the student's involuntary withdrawal from the University.

    4. Authority

      5. The Committee may take any appropriate action, including, but not limited to:

      1. Permitting the student to remain at the University in good standing;

      2. Permitting the student to remain at the University, but placing the student on probation;

      3. Permitting the student to remain at the University, but requiring the student to obtain off-campus housing;

      4. Denying the student the privilege of remaining at the University for a specified period of time, including expelling the student; or

      5. Imposing any other sanctions.

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  4. Medical Leave of Absence

    1. Statement of Policy

      2. An undergraduate student who wishes to suspend or postpone his or her studies at the University for any medical reason may request a medical leave of absence. The request must be submitted to the dean of the college in which the student is enrolled or, if the student is not enrolled in any college, to the Dean of Students. A medical leave of absence may be granted for a maximum of no more than 2 semesters.

      A graduate student who seeks a leave of absence for personal, medical, or professional reasons should obtain written approval from the department chair or graduate program coordinator. The request and the recommendation from the department should be sent to the Office of Graduate and Professional Education. The length of time needed for the leave should be indicated. Upon approval by the Office of Graduate and Professional Education, the student’s academic transcript will record the approved leave in the appropriate semesters, and the absence will not affect the limitation of time for completion of the degree requirements as given in the student’s official letter of admission. The Office of Graduate and Professional Education will send written notification of approval or denial of the requested leave.

      A medical leave of absence in no way negates the student’s financial responsibility to the University. If the student is a financial aid recipient, he or she should contact the Financial Aid Office to discuss the medical leave of absence and its potential ramifications. If the student is insured under the University’s health insurance plan, the student should refer to the insurance documentation for information. 

    2. Verification of Medical Condition

      3. The following procedures govern the University’s decision to grant a leave of absence:

      1. Verification of the medical condition from a physician or other medical professional acceptable to the University must be presented at the time the leave is requested.

      2. If the medical leave is granted, the student may continue in the same college or program in which he or she was enrolled prior to the leave and may continue his or her studies without applying for readmission to the University.

      3. The student must contact the office that approved the leave of absence if the student is unable to return at the conclusion of the leave.

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  5. Active Military Duty

    6. A student ordered to active duty due to national crisis, under circumstances that preclude completion of a semester or session, will be allowed to take a leave of absence from the University. The student must present a copy of the military orders. The student will receive a 100% rebate of tuition for all courses for which academic credit is not received. Housing costs, meal charges, and mandatory fees will be pro-rated based on the beginning date of the student’s official leave. Students should contact the Office of the Dean of Students or the office of the assistant or associate dean of the student’s college to complete a withdrawal/leave notification form.

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