/Institutions/Cumberland-University/json/2022-2023/University-Policy-local.json

/Institutions/Cumberland-University/json/2022-2023/University-Policy.json

Policy > University Administration > UNIV--100pr Complaints Against the University

UNIV--100pr Complaints Against the University

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Document Number: UNIV--100pr
Revision #: 3.0
Document Owner: University Provost
Date Last Updated: 07/28/2022
Primary Author: Dean of Students
Status: Approved
Date Originally Created: 06/21/2013
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General Description
Description / Scope: In accordance with the Department of Education’s final regulations published on October 29, 2010, the following is the complaint process related to receiving and resolving complaints for TICUA member institutions that are legally authorized to provide post-secondary education in Tennessee and are exempt from regulation by the Tennessee Higher Education Commission.

In addition to the process mentioned above, this policy includes complaint resolution policies and procedures specifically related to NC-SARA regulations.

When Performed: As needed

Responsibilities: Dean of Students
Legal Counsel
President
Vice President for Facilities and Infrastructure
Terms and Definitions: OCR visit

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Process Steps or Stages
1. Complaint and Appeals Overview

What happens:
Consistent with our mission, Cumberland University welcomes opinions and feedback about our policies, programs, and services in order to make changes that contribute to student success, development, and goal attainment. We are committed to ensuring that students have access to appropriate procedures for articulating concerns and registering appeals. This is designed to provide information and access to these resources.

In registering concerns and filing appeals, Cumberland University students must follow the policies and procedures that have been established within the unit about which the concern is being filed. Generally, these policies and procedures require that you begin by discussing the matter with the staff, faculty, or department in which the issue originated.

2. Informal Complaints

What happens:
A student with a complaint--a concern that a policy or procedure of a unit has been incorrectly or unfairly applied in his/her particular case, or a formal charge against a person’s behavior -- has recourse through complaint procedures. In most instances, complaints can be resolved through an informal process beginning with talking to the individual and his/her supervisor if necessary. Basic steps in the informal process include:

•Begin by discussing the matter with the staff, faculty, or department in which the issue originated. If the issue is not resolved, the next contact will be the supervisor, department chair, or associate/assistant dean to investigate the issue and allegations.
•All complaints should be routed through the appropriate complaint/appeals process as outlined in the University Catalog.
•Depending on the nature of complaint, the matter should be brought to the attention of the office directly responsible for that area of the college or university.
•Complaints and appeals should be well-documented and move through the appropriate campus supervisory structure prior to appealing to any off-campus authority.

Who Performs / Responsibility:
Legal Counsel, President

3. Officially Documented Complaints

What happens:
If still unresolved after following the appropriate informal complaint procedures, the student may choose to have the issue "officially documented."
•An explanation of the concern or appeal is submitted to the Office of the Dean of the college/school or Director of the appropriate unit.
•It will be necessary that you be able to demonstrate that you already have attempted to resolve the concern through the informal procedures.
•To establish official documentation, the complaint or appeal must be submitted in writing and must include the name, college, contact information of the person filing the complaint, and a brief description of the circumstances including who has been involved and current status.
•Students must refer to the respective college or department policies for submission and response timelines and procedures. Unit procedures will be followed in resolving formal complaints.

4. Procedures for Complaints and Appeals

What happens:
Appeal of a charge of violation of academic integrity (such as charge of plagiarism) must be submitted to the School of the instructor who brought the charge and assigned the penalty. (See the Academic Integrity Policy)

Appeal a grade must be submitted to the School of the instructor who assigned the Grade. (See Grade Appeal Policy)

Complaints alleging violations of the Americans with Disabilities Act (ADA): Policies and procedures for obtaining accommodations and for filing complaints are available in the Cumberland University Disability Services Policy section.

Harassment Complaints: Individuals who believe they have or may have been sexually harassed or experienced harassment based on race, color, national origin, creed, religion, age, disability, sex, gender identity or sexual orientation should follow the complaint procedures outlined in the University Equal Opportunity Policy section.

Other complaints about academic procedures or personnel must be filed with the appropriate School. Concerns or complaints about non-curricular procedures or personnel must be filed with the appropriate unit.

5. Off-Campus Authorities

What happens:
The University has several means of resolving complaints. Should any claimant feel that these internal processes have failed to reach appropriate resolution, there are means of lodging complaints beyond the institution.
•Complaints relating to quality of education or accreditation requirements maybe referred to the Southern Association of Colleges and Secondary Schools (SACS), which will follow its policy as outlined in the following http://www.sacscoc.org/pdf/081705/complaintpolicy.pdf;

•Complaints related to the application of state laws or rules related to approval to operate or licensure of a particular professional program within a postsecondary institution shall be referred to the appropriate State Board (i.e., State Boards of Health, State Board of Education, and so on) within the Tennessee State Government and shall be reviewed and handled by that licensing board (http://www.tn.gov, and then search for the appropriate division);
•Complaints related to state consumer protection laws (e.g., laws related to fraud or false advertising) shall be referred to the Tennessee Division of Consumer Affairs and shall be reviewed and handled by that Unit (http://www.tn.gov/consumer/)


6. Procedures to Follow In response to U.S. Department of Education 10.29.10 Final Rules


What happens:
In accordance with the Department of Education’s final regulations published on October 29, 2010, the following is the complaint process related to receiving and resolving complaints for TICUA member institutions that are legally authorized to provide post-secondary education in Tennessee and are exempt from regulation by the Tennessee Higher Education Commission.

 

7. Complaint Resolution Policies and Procedures for Non-Tennessee Resident Students in State Authorization Reciprocity Agreement States, commonly known as SARA.

• Student complaints relating to consumer protection laws that involve distance learning education offered under the terms and conditions of the State Authorization Reciprocity Agreement (SARA), must first be filed with the institution to seek resolution.
• Complainants not satisfied with the outcome of the Institution's internal process may appeal, within two years of the incident about which the complaint is made, to the Tennessee Higher Education Commission (https://www.tn.gov/thec/bureaus/student-aid-and-compliance/postsecondary-state-authorization/request-for-complaint-review.html).
• For purposes of this process, a complaint shall be defined as a formal assertion in writing that the terms of SARA or the laws, standards or regulations incorporated by the SARA Policies and Standards (https://nc-sara.org/resources/guides) have been violated by the institution operating under the terms of SARA.
• For a list of SARA member States, please visit the NC-SARA website (https://nc-sara.org/directory). Students residing in non-SARA states should consult their respective State of residence for further instruction for filing a complaint.

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Subject Experts
The following may be consulted for additional information.

Legal Counsel

VP for Academic Affairs

Dean of Students
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Regulations
This document pertains to the following regulations:
federal mandate
University governance