/Institutions/The-University-of-Texas-Permian-Basin/json/2023-2024/Graduate-Studies-Catalog-local.json

/Institutions/The-University-of-Texas-Permian-Basin/json/2023-2024/Graduate-Studies-Catalog.json

Student Appeal Grievances

A student grievance may involve faculty, staff, an office, or other students of the University. A grievance must be initiated within 30 calendar days from the date of the alleged infraction/dispute. Appeals regarding assigned grades must be addressed with the instructor within 30 days of the issuance of the grade. The time for filing a grievance can be waived for good cause as determined by the Dean of Students. A grievance which has been brought forth and ruled on under other procedures may not be brought forth under these procedures and vice versa. A person who retaliates in any way against an individual who has filed a grievance is subject to disciplinary action up to and including expulsion. Any person who knowingly and intentionally files a false grievance under this policy is subject to disciplinary action up to and including expulsion.

Types of Grievances/Appeal

• Grade Appeal – student wishes to appeal a grade.
• Academic Grievance - student wishes to contest the course requirements, examinations, course content, admission to a program, instructor behavior, or similar issue.
• Non-Academic Grievance – student wishes to address a situation that occurred outside of the classroom. A grievance-based appeal on such an issue is relevant if the grievance is between a student and one or more other students; a faculty or staff member; a student organization; or any other office or agency of the University.

Introduction to Filing a Grievance/Appeal

At each stage of the appeal/grievance process, it is understood that the accused will be afforded the opportunity to present separately their perspective of the nature and relative facts pertaining to the issue in question. Students who are bringing a grievance should first try to seek a resolution of their grievance/complaint by scheduling a conference either in person, by telephone, or virtually with the person/office with whom/which the student has a dispute. If the student remains unsatisfied with the outcome of this initial conference the student should initiate and register a formal written complaint through the University Complaint Resolution Portal (http://utpb.edu/services/business-affairs/complaint-resolution).

All formal written complaints should be submitted through the University Complaint Portal which will register and route the student complaint to the appropriate authority. Students need only use this portal once to register their complaint. Any subsequent written appeals required during the grievance process should be sent directly to the addressee as indicated in this policy.

The following steps should be followed with respect to seeking redress of grievances:

Grade Appeal

A student who wishes to dispute an assigned grade should first submit a written appeal to the instructor and seek resolution via a conference either in person, by telephone, or virtually with the instructor. The student should consult with the Student Rights Advocate and may consult with the advocate throughout the duration of the appeal process. The Student Rights Advocate is appointed by the Dean of Students. If, within five (5) working days of the conference with the instructor, the student believes that the issue has not been addressed or disagrees with the outcome of conference, the student should initiate and register a formal written complaint through the University Complaint Resolution Portal (http://utpb.edu/services/business-affairs/complaint-resolution). The written complaint will be routed to the relevant Department Chair or supervisor (if the instructor does not have a Chair or if the instructor is the Chair) who will schedule a conference either in person, by phone, or virtually with the student.

If, within ten (10) working days after the meeting with the Department Chair or supervisor, the student believes the grade appeal has not been addressed or disagrees with the outcome of the conference with the Department Chair or supervisor, the student should file a written appeal directly (not via the University Complaint Form Portal) with the appropriate academic Dean and seek an appointment either in person, by telephone, or virtually with him or her. Upon receipt of the written appeal, the Dean will schedule a meeting in person, by telephone, or virtually with the student. Following the appointment with the student, the Dean will investigate the matter. The Dean shall respond to the appeal within (10) working days of the meeting with the student unless an investigation requires additional time in which case the circumstances should be documented. The decision of the Dean shall be FINAL.

Academic Grievance

A student who has an academic grievance should first submit a written appeal to the instructor and seek resolution of the grievance via a conference in person, by telephone, or virtually with the instructor. The student has the option of consulting with the Student Rights Advocate and may consult with the advocate throughout the duration of the appeal process. The Student Rights Advocate is appointed by the Dean of Students.

If, within (10) working days of the conference with the instructor, the student believes that the academic grievance has not been addressed or disagrees with the outcome of the conference with the instructor, the student should initiate and register a formal written complaint through the University Complaint Resolution Portal (http://utpb.edu/services/business-ffairs/complaint-resolution). The written complaint will be routed to the relevant Department Chair or supervisor (if the instructor does not have a Chair or if the instructor is the Chair) who will schedule a conference either in person, by telephone, or virtually with the student. If within ten (10) working days of meeting with the Department Chair or supervisor the student believes that the academic grievance has not been addressed or disagrees with the outcome of the conference with the Department Chair or supervisor, the student should file a written complaint directly (not via the University Complaint Resolution Portal) with the appropriate academic Dean and seek an appointment in person, by telephone, or virtually with the him or her. Upon receipt of the written complaint, the Dean will schedule a conference in person, by telephone, or virtually with the student. Following the appointment with the student, the Dean will investigate the matter. If within ten (10) working days after the conference with the Dean, a student believes the academic grievance has not been addressed or disagrees with the outcome of the conference with the Dean, or if the accused is the Dean, the student should file a written complaint directly (not via the University Complaint Resolution Portal) with the Provost and Vice President for Academic Affairs and seek an appointment in person, by telephone, or virtually with him or her. If within ten (10) working days after the conference with the Provost and Vice President for Academic Affairs, the student believes the academic grievance has not been addressed or disagrees with the outcome of the conference, the Student Rights Advocate will then inform and advise the President, who shall render a FINAL decision within ten (10) working days. The President should be provided with a timeline of the grievance and proposed resolutions at each step of the process.

Non-Academic Grievance

In order to reconcile grievances that are not academically related, students should:

First attempt to resolve the grievance with the person/office with whom/which they have a grievance. In instances where the student has good reason not to attempt a resolution with a particular person, the student should seek an appointment in person, by telephone, or virtually with the supervisor of the person with whom they have a grievance.  If the complaint is directed against a certain office, the student should seek a conference in person, by telephone, or virtually with the director of that office. If the grievance involves students only and the student has good reason not to attempt a resolution with this person, the grievance may be made directly to the Dean of Students.

If the grievance involves a University employee or office and within five (5) working days of discussing the matter with the employee or office director, the student believes the grievance has not been addressed or disagrees with the outcome of the conference with the employee or the office director the student should initiate and register a formal written complaint through the University Complaint Resolution Portal (http://utpb.edu/services/business-affairs/complaint-resolution).  The written complaint will be routed to the appropriate supervisor or the director of the relevant office who will arrange an appointment in person, by telephone, or virtually with the complainant.

If the grievance involves a student and within five (5) working days of conference with the accused student, the student believes the grievance has not been addressed or disagrees with the outcome of the conference with the accused student, the student should initiate and register a formal written complaint through the University Complaint Resolution Portal (http://utpb.edu/services/business-affairs/complaint-resolution).  The written complaint will be routed to the Dean of Students who will arrange an appointment in person, by telephone, or virtually with him or her. A grievance filed against a student will be handled through the student conduct procedures as prescribed in Student Conduct and Discipline. If within ten (10) working days after discussing the matter with the employee's supervisor, office director, or Dean of Students, as appropriate, the student believes the grievance has not been addressed or disagrees with the outcome of the conference, the student should file a written complaint directly (not via the University Complaint Resolution Portal) with the Vice President for Student Services and seek an appointment in person, by telephone, or virtually with him or her.  If within ten (10) working days after the conference with the Senior Associate Vice President for Student Services the student believes the grievance has not been addressed or disagrees with the outcome of the conference, the student should file a written complaint directly (not via the University Complaint Resolution Portal) with the President, who shall render a FINAL decision within ten (10) working days. The president should be provided with a timeline of the grievance and proposed resolutions at each step of the process.

Other Grievances

Sexual Harassment/Sexual Misconduct Policy

UT Permian Basin is committed to maintaining a learning and working environment that is free from discrimination based on sex in accordance with Title IX of the Higher Education Amendments of 1972 (Title IX), which prohibits discrimination on the basis of sex in educational programs or activities; Title VII of the Civil Rights Act of 1964 (Title VII), which prohibits sex discrimination in employment; and the Campus Sexual Violence Elimination Act (SaVE Act). Sexual misconduct is a form of sex discrimination and will not be tolerated. As stated in the definition, sexual misconduct includes sexual harassment, sexual violence, sexual assault, stalking, domestic violence, and/or dating violence. Individuals who engage in sexual misconduct and other inappropriate sexual conduct will be subject to disciplinary action.

The University will take prompt disciplinary action against any individuals or organizations within its control who violate this Policy. The University encourages any student, faculty, staff, or visitor to promptly report violations of this Policy to a responsible individual.

This Policy applies to all University administrators, faculty, staff, students, and third parties within the University's control, including visitors and applicants for employment. It applies to conduct regardless of where it occurs, including off University property, if it potentially affects the complainant's education or employment with the University. It also applies regardless of the gender, gender identity or sexual orientation of the complainant or the respondent. In addition, it applies whether the complaint was made by or against a third party, and whether the complaint was made verbally or in writing.

Filing a Complaint and Reporting Violations

All Members of the University Community, Third Party and Anonymous Complaints. All administrators, faculty, staff, students, and third parties are strongly encouraged to immediately report any incidents of sexual misconduct (including sexual harassment and sexual violence) and other inappropriate sexual conduct to the Title IX Coordinator or Deputy Coordinators.

Individuals wishing to remain anonymous can file a complaint in any manner, including by telephone or written communication with the Title IX Coordinator or a Deputy Coordinator; however, electing to remain anonymous may greatly limit the University's ability to stop the harassment, collect evidence, or take effective action against individuals or organizations accused of violating the Policy.

The University has an obligation to maintain an environment free of sex discrimination, thus many University employees have mandatory reporting and response obligations and may not be able to honor a complainant's request for confidentiality

Timeliness of Complaint. Complaints should be reported as soon as possible after the complainant becomes aware of the inappropriate conduct. Delays in reporting can greatly limit the University's ability to stop the harassment, collect evidence, and/or take effective action against individuals or organizations accused of violating the Policy.

The policy in its entirety may be found at:

http://www.utpb.edu/docs/default-source/utpb-docs/hop/part_iii.pdf?sfvrsn=4.

Nondiscrimination Policy

UT Permian Basin is committed to providing an educational, living and working environment that is welcoming, respectful, and inclusive of all members of the University community. An environment that is free of discrimination and harassment allows members of the University community to excel in their academic and professional careers. To the extent provided by applicable federal and state law, the University prohibits unlawful discrimination against a person because of their race, color, religion, sex, national origin, age, disability, genetic information, or veteran status. The University's commitment to equal opportunity extends its nondiscrimination protections to include sexual orientation, gender expression, and gender identity.

Retaliation against a person who files a claim of discrimination, participates in a discrimination investigation or proceeding, or otherwise opposes an unlawful employment practice is prohibited.

The policy in its entirety can be found at:

http://www.utpb.edu/docs/default-source/utpb-docs/hop/part_iii.pdf?sfvrsn=4.

ADA Grievance

The purpose of this policy is to provide for the prompt and equitable resolution of complaints alleging violations of Title II of the Americans with Disabilities Act and Section 504 of the Rehabilitation Act of 1973. This policy applies to students, staff, faculty, job applications, applications for admission and other beneficiaries of the programs, services, and activities of UT Permian Basin.

Complaint Procedure

• Step I 
  Complaints alleging discrimination on the basis of disability shall be made in writing to the ADA Coordinator; or shall be referred to the Coordinator if received by other persons within the Institution. The complaint shall be made as soon as possible after the action complained of occurs but in no case later than 10 working days after such occurrence. The time for bringing a complaint can be waived for good cause as determined by the ADA coordinator.
  
  The ADA Coordinator shall investigate the complaint to determine its validity and, in appropriate cases, suggest a resolution. A written statement of the determination and the suggested resolution, if any, shall be sent to the complainant within 15 working days of receipt of the complaint.
  The ADA Coordinator shall maintain all records related to the complaint.

• Step II

If the complainant is not satisfied with the decision of the ADA Coordinator, a written appeal stating why the decision is incorrect may be made to the Vice-President of Student Services within 10 working days of the receipt of the determination statement from the ADA coordinator. The Vice-President for Student Services shall review the determination of the ADA Coordinator and send a written decision to the complainant within a reasonable time, not to exceed 30 working days from the date of receipt.

The decision of the Vice-President for Student Services shall be final.