Student Grievance

1. Introduction

A grievance arises under this Regulation when, based on established administrative policies and procedures, a student believes that a member of the University community has violated their rights, and there is no specific policy to contest the violation or appeal to the Chancellor or administration at ECU to address the student’s grievance. By way of example, grievances concerning violations of the University’s Freedom of Expression Regulation may be addressed under this Policy.

2. Grievances Not Covered by this Regulation

• 2.1. The following grievances are not covered by this Regulation:
  • 2.1.1. A student grievance, complaint or appeal that is covered by any other University or UNC System policy, regulation or rule, including, but not limited to, the following:
    • 2.1.1.1. Grievances involving allegations of discrimination, harassment or retaliation based on membership in a protected class as set forth in the University’s Notice of Nondiscrimination Policy. These grievances should be referred to the Senior Associate Vice Chancellor and Chief People Officer (see link to policy above);
      • 2.1.1.1.1 This would include grievances involving allegations of Prohibited Conduct under the Title IX Compliance and Resolution Regulation and/or University Regulation on Reports of Prohibited Interpersonal Violence and Related Misconduct.
    • 2.1.2.2. Graduate and Undergraduate Grade appeals, which are handled pursuant to the applicable grade appeal policy (see link to policy above);
    • 2.1.2.3. Graduate student appeals of adverse academic actions and decisions (see link to policy above);
    • 2.1.1.4. Institutional Complaints, which are handled pursuant to the Institutional Complaints Standard Operating Procedure, (see link to SOP above);
    • 2.1.1.5 Grievances under the Student Complaint Process outlined in the Faculty Manual; and
    • 2.1.1.6 Grievances against an employee to be submitted to the Department for People Operations, Success, and Opportunity, Employee Relations Division.

3. Informal Grievance Resolution

Prior to bringing a formal grievance against a University unit or representative, students are encouraged to attempt a good-faith resolution of the grievance directly with the party involved in the disputed matter and/or with the head of the unit in which the grievance arises. A student with a complaint who is willing to engage in informal resolution efforts should meet with a staff person in the Office of the Dean of Students, within 30 calendar days of the incident in dispute to initiate the informal resolution process.” This 30-day period does not include any period of time when the University is officially closed.

4. Formal Grievance Resolution Process

Should a situation arise in which a student is unable to resolve his or her grievance informally, the formal grievance resolution process may be employed.

• 4.1 Step I: The student must present a formal grievance in writing to the Associate Vice Chancellor /Dean of Students (125 Umstead Hall). In the event that the student’s grievance is against the Dean of Students, the student must present a formal grievance in writing to the Vice Chancellor for Student Affairs. This written grievance must include the following:
  • 4.1.1. Name, address, email address and telephone number of the student grievant; ;
    • 4.1.1.2 Anonymity/Confidentiality: University cannot ensure complete confidentiality and the University may be limited in its ability to act in response to the grievance if the student insists that they remain anonymous. Since student’s education record information is confidential under the Family Educational Rights and Privacy Act (FERPA), these confidentiality requirements may prevent the University from disclosing information related to the student and/or the student’s grievance. The student should execute a Buckley waiver for the disclosure of FERPA information when pursuing a grievance under this Regulation.. If not, the university may not be able to sufficiently review the grievance. In some circumstances, the student’s personally identifiable information may be kept confidential not shared with the unit/employee associated with the grievance, however, in other circumstances, the disclosure may be necessary to address the grievance or concern, or may be otherwise required by law (e.g., disclosure may be required in connection with a health and safety emergency or the due process rights of an employee potentially subject to serious sanctions). In other words, if the student would like to remain anonymous, the Associate Vice Chancellor/Dean of Students will endeavor to investigate the complaint in a manner that honors the student’s request for anonymity, but that the University cannot ensure complete confidentiality and/or it may be limited in its ability to take action in response to the complaint if the student insists that he/she remain anonymous.
  • 4.1.2. Identification of the office or individual against whom the grievance is brought;
  • 4.1.3. A detailed description of the specific University action or individual behavior resulting in this grievance;
  • 4.1.4. The date(s) or period of time during which the behavior occurred and the location of the incident(s); and
  • 4.1.5. A listing of all individuals who witnessed any part of the incident in dispute.
• 4.2. Step II – Preliminary Review: Upon receipt of the formal grievance covered by this Regulation, an investigator will be appointed within seven (7) calendar days by the Associate Vice Chancellor/ Dean of Students to investigate the allegations in the grievance. The investigator will conduct a preliminary assessment to determine the appropriate level of review and/or investigation. If the preliminary assessment indicates that the grievance is not within the scope of this regulation, the investigator will notify the appropriate University office for referral and/or the Office of the Dean of Students will refer the matter to the applicable University office, as appropriate.
• 4.3. Step III: Investigation: The investigator shall review the written grievance and gather the pertinent facts and information, which may include determining the involvement of pertinent supervisors, department chairs and deans in the investigation. Depending upon the grievance, pertinent data such as interviews and documents, may be gathered by the investigator or the University unit involved in the grievance.
  • 4.3.1. Upon completion of the investigation, the Investigator will issue a written report with the findings of the review or investigation to the applicable University administrator(s) to consider any appropriate corrective action in response to the findings and grievance.
  • 4.3.2. If the grievance involves a University unit or representative acting within the course and scope of their official duties, without allegations of personal misconduct, the facts, information, data and any findings or recommendations are then presented to the unit involved for final resolution of the grievance.
  • 4.3.3 If the grievance is based on allegations of personal misconduct by a faculty member or other university employee, the investigator gathers pertinent information as described in the preceding section and presents it to either the department chair or unit administrator.
• 4.4 If a grievance cannot be resolved after exhausting East Carolina University’s complaint procedure described above, or any other applicable campus procedures, the student may file a complaint with the following agencies:
  • 4.4.1. North Carolina Post-Secondary Education Complaints (see contact information above);
  • 4.4.2. The Southern Association of Colleges and Schools Commission on Colleges (SACSCOC) (see contact information above);
  • 4.4.3. Any applicable state agency (see contact information above) or
  • 4.4.4. Complaints about East Carolina University may also be filed by students who do not reside in North Carolina by contacting the North Carolina State Education Assistance Authority (NCSEAA), which serves as the portal for the National Council for State Reciprocity (SARA) (see contact information above)