Student Disciplinary / Complaint / Grievance Procedures

Student Complaint Procedure

Everglades University’s primary objective is to help its students meet their career goals. Occasionally, students have concerns or problems that need to be addressed. Students can confidentially discuss their problems at any time with instructors, the Student Services Department, or any staff member. Additionally, the University President, Vice President, Vice President of Academic Affairs, Dean of Academic Affairs, and Associate Deans maintain an open-door policy regarding students’ problems.

All students are entitled to fair processes and procedures. The University has procedures that allow its students to be heard, convey to the administration concerns they may have and provide a fair hearing for students. The University will retain permanent records concerning formal complaints for a period of five years.

Student Complaint General

The University is committed to its students and would like to know about student concerns. Students may voice concerns through normal administrative procedures which include meeting with the Student Services Department, or any staff member. Additionally, the University President, Vice President, Vice President of Academic Affairs, Dean of Academic Affairs, and Associate Deans maintain an open-door policy regarding students’ problems.

A student who would like to file a written complaint about any issue can do so through the Student Services Department. These procedures apply only to student complaints received in writing.

• A written complaint is submitted in person, by U.S. mail, or by email. Complaints should be clearly dated.
• All written student complaints will be acknowledged by the University within 10 business days of receipt of the complaint. The date of receipt should be marked on the complaint.
• Within 15 business days after acknowledging receipt of the complaint, the appropriate administrative office of the University will inform the complainant regarding the institutional response to the complaint.
• Students have the right to appeal the University’s decision in the event they are not satisfied with the University’s response.

The steps to request an appeal are as follows:

Appeal Policy and Procedures

Introduction:

The Appeal Committee Panel is a standing committee that meets as needed. The voting members of the committee/panel consist of two (2) faculty members, two (2) staff members, and one (1) student. The voting members of the committee/panel should be non-biased participants. The Director of Student Services is the facilitator of the appeal hearing and is a non-voting member of the proceedings.

Purpose:

The Appeal Committee Panel exists as a mechanism to provide a fair hearing for students. The goal of the Panel is to ascertain if Everglades University’s action was fair and appropriate. The Panel will hear evidence, ask questions, review the catalog/handbook policies, deliberate and render an advisory ruling that, upon approval by the President, will become binding upon the administration as well as the student who filed the appeal.

Request for Appeal:

The “Request for an Appeal Committee” form may be obtained from the Director of Student Services at any time during normal business hours. The request form contains the name of the student requesting the appeal process, the date, space for a narrative explanation of the problem/reason for the appeal, name and relation of anyone that will be attending the appeal process with the student and a signature blank.

All “Requests for an Appeal Committee” by a student should be submitted to the Director of Student Services.

Appeal Process and Procedures

• Complete a “Request for an Appeal Committee” form. The form must be signed and dated with a full explanation of the problem/reason for the appeal concerning the student. The form must include the names and relation of any additional people to be there on behalf of the student. The student may bring legal counsel to the hearing but legal counsel cannot speak on behalf of the student. The student must represent themself and present his/her case to the panel.
• The “Request for an Appeal Committee” form must be submitted to the Director of Student Services.
• Upon receipt of the “Request for an Appeal Committee,” the Director of Student Services will schedule the hearing within 10 business days of receipt of the request.
• The Director of Student Services will return a copy of the Request form to the student with the bottom portion completed to indicate date, place, and time of the hearing.
• On the day of the appeal the Director of Student Services will present a brief introduction of the student requesting the appeal as well as members of the panel who will hear the issues. The Director of Student Services will also provide a brief overview of the nature and chronology of the proceedings.
• The student will have ten (10) minutes in which to present his/her views, documentation, and/or other evidence in opposition to the position or action taken by the University.
• During the presentation of the student, members of the panel will have the opportunity to ask questions and view any documentation provided by the student.
• A representative of the University will have ten (10) minutes in which to present the position of the University and/or the basis for the action taken by the University.
• Following the conclusion of the presentation by the University representative, both the student and the representative of the University will have the opportunity for a three (3) minute rebuttal. The student will be permitted to rebut first and the University second.
• Following the rebuttal, the Director of Student Services will ask for final questions.
  a) The student will be instructed as to the date that they can expect notification of the Appeal Panel’s decision.
  b) Then the student and the University representative will be excused.
• The members of the panel will deliberate. This decision will be forwarded to the President for approval. Absent extenuating circumstances, the student requesting the hearing will be notified of the decision within seventy-two (72) hours (3 Business Days).

Student Satisfactory Academic Progress Appeal

Everglades University students are entitled to fair processes and procedures. Students have the right to appeal Satisfactory Academic Progress decisions by filing a Student Satisfactory Academic Progress Appeal.

• A Satisfactory Academic Progress Appeal is submitted in person, by U.S. mail, or by email to the Dean of Academic Affairs. The student appeal must be based on mitigating circumstances. These include serious illness or injury of a student or serious illness, injury or death of a student’s immediate family member, or other special circumstances. The appeal must also include an explanation as to what has changed in the student’s situation that will allow him/her to make satisfactory academic progress in the returning semester. Enclose supporting documentation from medical doctors, advisors, psychologists, death notices, separation notices, divorce decree, accident reports, etc.
• All written student Satisfactory Academic Progress Appeals will be acknowledged by the University within 10 business days of receipt of the grievance. The date of receipt should be marked on the appeal.
• The Satisfactory Academic Progress Appeal Panel consisting of the Campus Vice President, Financial Aid Director, Dean of Academic Affairs, and Faculty member will meet to review the grievance and make a decision to grant or deny the appeal.
• Within 15 business days after acknowledging receipt of the grievance, the Dean of Academic Affairs will inform the student regarding the institutional response to the appeal. One of two actions can be taken: Deny Reinstatement of Student; or Reinstate Student on Financial Aid Probation.
• If the decision is to reinstate the student on Financial Aid Probation, the response will include an academic plan.
• The student can request a meeting as part of the appeal process and must inform the University of additional people who will be in attendance on their behalf. The student may bring legal counsel to the meeting but legal counsel cannot speak on behalf of the student. The student must represent themself and present his/her case.
• The decision of the panel is final.

Student Grade Appeal Complaint

The University provides all students with a course syllabus at the beginning of each course. The course syllabus includes the grading policy for the course. The University faculty members follow the grading policy stated on the syllabus and in the University catalog in order to award fair grades to all students.

A student who feels their grade has been incorrectly calculated may file a grade appeal complaint. A grade appeal complaint should be submitted to the Dean of Academic Affairs in the Academic Department. These procedures apply only to student grade appeal complaints received in writing. Students wishing to file a complaint regarding a faculty member would do so under the general student complaint policy procedures.

Grade appeal complaints are to determine that grade calculations have been completed per the syllabus and University catalog.

• A grade appeal complaint is submitted in person, by U.S. mail, or by email. Grade appeal complaints should be dated and the reason for the grade appeal should be clearly stated.
• All written student grade appeal complaints will be acknowledged by the University within 10 business days of receipt of the grade appeal. The date of receipt should be marked on the grade appeal.
• The Dean of Academic Affairs will meet with the faculty member to review the grading policy and grade books to determine if an error exists.
• Within 15 business days after acknowledging receipt of the grade appeal complaint, the Dean of Academic Affairs will inform the complainant regarding the institutional response to the grade appeal complaint.
• Students have the right to appeal the decision of the Dean of Academic Affairs by submitting a written appeal request and supporting documentation to the Vice President of Academic Affairs within 10 days of the decision. The student can request a meeting as part of the appeal process and must inform the University of additional representatives who will be in attendance on their behalf. The student may bring legal counsel to the meeting but legal counsel cannot speak on behalf of the student. The student must represent themself and present his/her case.
• The Vice President of Academic Affairs will acknowledge the written request for appeal within 10 business days of receipt and will schedule a meeting date and time if so requested.
• The Vice President of Academic Affairs will review the documentation, syllabus, faculty records and University grading policy to determine if an error exists.
• Within 15 business days after acknowledging receipt of the written request for the appeal, the Vice President of Academic Affairs will inform/meet with the complainant regarding the University’s decision regarding the grade appeal. This decision shall be binding.

Title IX Policy Statement and Complaint Procedures

Title IX of the Education Amendments of 1972 (“Title IX”) protects people from discrimination based on sex in education programs or activities which receive Federal financial assistance. Title IX states:

No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. Everglades University not only complies with the letter of Title IX’s requirements but also endorses the law’s intent and spirit. The University is committed to compliance in all areas addressed by Title IX, including access to higher education, career education, math and science, standardized testing, athletics, education for pregnant and parenting students, learning environment, and technology, as well as sexual harassment.

The purpose of this policy is to ensure that the University’s policies are applied and interpreted in ways consistent with Title IX and other applicable law.

Discrimination

Everglades University prohibits discrimination and harassment based on race, color, creed, religion, sex, gender, national origin, citizenship, ethnicity, marital status, age, disability, sexual orientation, gender identity and gender expression, genetic information, veteran status, or any other status protected by applicable law to the extent prohibited by law.

Sexual Harassment

Everglades University defines sexual harassment as unwelcome behavior of a sexual nature that relates to the gender or sexual identity of an individual and that has the purpose or effect of creating an intimidating, offensive or hostile environment for study. This policy applies to all interactions between students and Everglades University faculty members and other faculty, staff, and administrative personnel, and other students.

All University students are responsible to make certain that sexual discrimination, sexual violence or sexual harassment does not occur. If you feel that you have experienced or witnessed sexual harassment or sexual violence, you should notify either of the Title IX Coordinators designated below. Everglades University forbids retaliation against anyone for reporting harassment, assisting in making a harassment complaint, or cooperating in a harassment investigation, it is also a violation of Federal law. Additional details on this policy can be found at the following link.

Conduct alleged to be sexual harassment will be evaluated by considering the totality of the particular circumstances, including the nature, frequency, intensity, location, context, and duration of the questioned behavior. Repeated incidents or a pattern of harassing behavior may be cause for serious corrective action. However, a more serious incident, even if isolated, may be sufficient cause for action under this policy including referral to law enforcement when applicable.

The University’s Title IX Officer

The University appoints a Title IX Officer. The University’s Title IX Officer is Jared Bezet, Vice President of Academic Affairs, 5002 T-Rex Avenue, Boca Raton, FL 33431, 561-912-1211.

Investigation of Complaints

A complaint that a student, staff or faculty member has committed sexual harassment or engaged in nonconsensual sexual activity may be made to the Title IX Compliance Officer, or a staff or faculty member. The University will conduct an investigation, as appropriate under the circumstances.

The investigatory process involves interviewing the parties involved and any witnesses while gathering documentary or other evidence. In cases involving alleged criminal conduct, the complainant may file a criminal complaint with the local police department. A complainant need not pursue a criminal complaint in order to seek or to hold the accused responsible through the University’s Student Code of Conduct. As soon as possible, the complainant and the accused will be offered appropriate assistance, and our Academic Affairs department will be contacted if course adjustments are required.

Based on the outcome of the investigation, the assigned Title IX Officer will determine if there is sufficient cause to proceed with the complaint. If so, the Title IX Officer will arrange for an informal resolution conference with the accused. (Complainants do not attend informal resolution meetings but are apprised of the meeting’s outcome.) If the accused does not accept responsibility for the allegations and/or the proposed sanction, the Title IX Officer will determine if the evidence warrants a formal hearing before the Grievance Committee.

The exact nature of the responsive action depends on the circumstances, but may include discipline up to and including suspension or dismissal from the University for a student, staff or faculty who is found to have violated University policies.

Implementing Provisions/Policies

The University will take appropriate action (i.e., an investigation, adjudication and disciplinary and remedial/corrective steps) in response to a complaint made pursuant to the complaint policies/procedures listed above. The University will make every effort to handle complaints and investigations with sensitivity to both the rights of the person who complains and the rights of the accused.

The University handles complaints discreetly and attempts to maintain privacy throughout the investigatory process, to the extent practicable and appropriate under the circumstances. However, in order to conduct an investigation, it is generally necessary to discuss the allegations with the accused and other potential witnesses. Additionally, the University may have legal obligations to disclose information to law enforcement or in the context of legal proceedings.

Complaints may be made anonymously. While the University endeavors to investigate all complaints, including anonymous complaints, the nature of anonymous complaints makes investigation, determination, and remediation more difficult and, at times, impossible. Further, while the University attempts to protect the identity of complainants who do not wish to be identified, this may not always be possible.

Conflict Resolution

Students are encouraged to first discuss any concerns with their instructor. If the concern is not resolved, they should speak to their Campus Vice President, Vice President of Academic Affairs, and University President. Chain of command should always be utilized for prompt resolution. Everglades University does however maintain an open door policy.

In appropriate cases as determined by the University, conflict resolution may be possible. This is permitted only where both the complainant and accused voluntarily agree to participate, and either party may terminate informal resolution attempts and commence formal Grievance procedures at any time prior to reaching a mutually acceptable resolution. Depending on the circumstances, a mediated resolution may not necessarily involve face-to-face discussions between the complainant and the accused. Certain cases are not appropriate for conflict resolution, such as complaints of particularly egregious sexual harassment or cases involving sexual assault or violence.

Occasionally, an individual makes a complaint and later wishes to revoke or discontinue the investigation or adjudication process. Similarly, it may occur that someone other than the victim reports an incident, and the victim declines to participate in the investigation or adjudication process. In other instances, complaints may be received anonymously and/or the victim may not wish to be personally identified. The University endeavors to respect the wishes of a victim to either not be identified and/or not participate in the process. In these situations, the University attempts to investigate and address complaints in accordance with the victim’s wishes.

If a victim wishes to talk about an incident with the assurance that the discussion will be confidential and will not result in an investigation or follow up action, the University offers confidential resources through the Title IX Officer. Contact with the Title IX Officer that does not result in a complaint being filed with the University or result in action being taken by the University. Anyone wishing to have an incident investigated, mediated or adjudicated must make a complaint in accordance with the procedures described above.

In determining whether sex discrimination, sexual harassment or sexual misconduct occurred, the University does not apply the criminal standard of “beyond a reasonable doubt,” nor do formal court rules of evidence apply. Instead, the University uses a “preponderance of the evidence” standard, and the University may consider any evidence it deems relevant. A “preponderance of the evidence” means the evidence which is of greater weight or is more convincing than opposing evidence such that it is “more likely than not” that an act occurred. If the applicable investigatory or adjudicatory process allows for parties to offer witnesses and evidence, the complainant and the accused will have an equal opportunity to do so. The complainant and the accused will be informed in writing of the outcome of the complaint, to the extent permitted by law. An accused who is a student may appeal the outcome to an impartial decision maker. An employee who is deemed guilty shall have whatever rights are granted by law. The particular method and grounds for appeal are explained in the student policies listed above.

The University endeavors to resolve complaints promptly. Ordinarily, the investigative stage will take no longer than 60 calendar days from the time the complaint is received. In exceptional circumstances (including but not limited to especially complex cases or when the University is not in session), it may be necessary to extend these timelines. If that occurs, the parties will be informed of the expected timeline for completion.

The University prohibits retaliation against any individual who in good faith makes a complaint of sex discrimination, sexual harassment, or sexual misconduct or participates as a witness in a proceeding under this or any other University policy. Retaliation is also unlawful pursuant to Title IX and other laws.

Equal Opportunity/Americans With Disabilities Act/Ferpa Complaints

Everglades University admits students of any race, color, and national or ethnic origin. The University’s policy of equal opportunity employment and affirmative action, consistent with Federal policy, is that no person shall, on the grounds of race, creed, color, handicap, national origin, sex, age, political affiliation, sexual orientation, marital status, or belief, be excluded from any training, be denied the benefit of, or be subjected to discrimination in any hiring practice or activity at the University.

Everglades University complies with the Rehabilitation Act of 1973 (Section 504) requiring that no qualified handicapped person will be excluded by reason of the handicap from enrolling in a course of instruction. Students wishing to avail themselves of special adjustments/accommodations under the Americans with Disabilities Act must disclose special needs at time of enrollment. Accordingly, every effort is made to make reasonable adjustments/accommodations. Certain programs may require manual dexterity. Please consult campus Admissions Offices for further information.

Everglades University complies with the Family Education Rights and Privacy Act-1974 (Public Law 93-380) concerning student records. Student information will only be released to any person, agency or legal authority as required by subpoena/legal process or by consent of the student (or eligible parent). Information will only be released on a consent basis where the student or eligible parent has provided written consent, signed, dated and specifying the information to be released, the reason for release and the name(s) of persons to whom the information is to be released.

A student who feels they have not been treated fairly under the University’s stated federal policies has the right to file a written complaint. A complaint should be submitted to the Vice President of the University. These procedures apply only to complaints received in writing.

• A complaint is submitted in person, by U.S. mail, or by email. Complaints should be dated.
• All written complaints will be acknowledged by the University within 10 business days of receipt of the complaint. The date of receipt should be marked on the complaint.
• Within 15 business days after acknowledging receipt of an Equal Opportunity, Americans with Disabilities, or FERPA complaint, the Vice President will inform the complainant regarding the institutional response to the written complaint.
• Students have the right to file a grievance with the University in the event they are not satisfied with the University’s response.

The steps to request a grievance are as follows:

Grievance Policy and Procedures

Introduction:

If Everglades University is forced to take action against a student, it still believes strongly that every student has a right to procedural due process in which a student has notice and an opportunity to be heard. If the administration has to take disciplinary measures against a student or other action related to a student, the student may appeal the decision to the Grievance Committee.

Students are encouraged to resolve problems through normal administrative channels. A petition for a grievance hearing must be made in writing and submitted to the Director of Student Services. The grievance is then scheduled to be heard before the Committee. The Grievance Committee panel is a standing committee that meets at 1:00 p.m. each Tuesday if a grievance is to be heard.

The voting members of the Grievance Committee consist of two (2) faculty members, two (2) staff members, and one (1) student. The voting members of the committee/panel are non-biased participants. The Director of Student Services is the facilitator/moderator of the grievance hearing and a non-voting member of the proceedings. The Panel will hear evidence, ask questions, review the catalog/handbook policies, deliberate and render an advisory ruling that, upon approval by the Office of the President, will become binding upon the administration as well as the student who filed the grievance.

Purpose:

The Grievance Committee/Panel exists as a mechanism to provide a fair hearing for students. The goal of the Panel is to ascertain if Everglades University’s policy has been adhered to. The Panel will hear evidence, ask questions, review the catalog/handbook policies, deliberate and render an advisory ruling that, upon approval by the President, will become binding upon the administration as well as the student who filed the grievance.

Request for Grievance Committee:

The “Request for a Grievance Committee” form may be obtained from the Director of Student Services at any time during normal business hours. The request form contains the name of the student requesting the grievance process, the date, space for a narrative explanation of the problem/reason for the grievance, name and relation of anyone that will be attending the grievance process with the student and a signature blank.

All “Requests for a Grievance Committee” by a student should be submitted to the Director of Student Services.

Grievance Process and Procedures

• Complete a “Request for a Grievance Committee” form. The form must be signed and dated with a full explanation of the problem/reason for the appeal concerning the student. The form must include the names and relation of any additional people to be there on behalf of the student. The student may bring legal counsel to the hearing but legal counsel cannot speak on behalf of the student. The student must represent them self and present his/her case to the panel.
• The “Request for a Grievance Committee” form must be submitted to the Director of Student Services.
• Upon receipt of the “Request for a Grievance Committee,” the Director of Student Services will schedule the hearing within 10 business days of receipt of the request.
• The Director of Student Services will return a copy of the Request form to the student with the bottom portion completed to indicate date, place, and time of the Hearing.
• On the day of the appeal the Director of Student Services will present a brief introduction of the student requesting the appeal as well as members of the panel who will hear the issues. The Director of Student Services will also provide a brief overview of the nature and chronology of the proceedings.
• The student will have ten (10) minutes in which to present his/her views, documentation, and/or other evidence in opposition to the position or action taken by the University.
• During the presentation of the student, members of the panel will have the opportunity to ask questions and view any documentation provided by the student.
• A representative of the University will have ten (10) minutes in which to present the position of the University and/or the basis for the action taken by the University.
• Following the conclusion of the presentation by the University representative, both the student and the representative of the University will have the opportunity for a three (3) minute rebuttal. The student will be permitted to rebut first and the University second.
• Following the rebuttal, the Director of Student Services will ask for final questions.
  a) The student will be instructed as to the date that they can expect notification of the Grievance Panel’s decision.
  b) Then the student and the University representative will be excused.
• The members of the panel will deliberate. This decision will be forwarded to the Campus Vice President for review and forwarded to the Office of the President for final approval. Absent extenuating circumstances, the student requesting the hearing will be notified of the decision within seventy-two (72) hours (3 Business Days).

Student Disciplinary Procedures

If a student violates Everglades University’s Standards of Conduct in a classroom, the first level of discipline lies with the faculty member. If a situation demands further action, the dean of academic affairs is responsible. In the absence of the dean, the Campus Vice President determines disciplinary action. If a student has a serious objection to the disciplinary action imposed, the student has the right to use the grievance process as outlined in the Everglades University catalog.

When a student violates Everglades University’s Standards of Conduct outside the classroom but on campus, the Dean of Academic Affairs is the first level of discipline. The next level is the Campus Vice President. If a student is dissatisfied with the disciplinary action imposed, the student has the right to use the grievance process as outlined in the Everglades University catalog.

Arbitration Clause for Everglades University

As stated on the Everglades University Application for Admissions, it is agreed that, in the event the parties to the enrollment agreement are unable to amicably resolve any dispute, claim or controversy arising out of or relating to the agreement, or if a claim is made by either against the other or any agent or affiliate of the other, the dispute, claim or controversy shall be resolved by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. If this chosen forum or method of arbitration is unavailable, or for any reason cannot be followed, a court having jurisdiction hereunder may appoint one or more arbitrators or an umpire pursuant to section 682.04, F.S. Each party shall have the right to be represented by an attorney at any arbitration proceeding. The expenses and fees of the arbitrator(s) incurred in the conduct of the arbitration shall be split evenly between the parties to the arbitration. However, if Everglades University prevails in the arbitration proceeding, Everglades University will be entitled to any reasonable attorney’s fees incurred in the defense of the student claim. The venue for any proceeding relating to arbitration of claims shall be in the county wherein the institution is located. This agreement cannot be modified, except in writing by the parties.

Enrollment Agreement Disputes/Arbitration Policy

The University’s enrollment agreement is the legal binding document between the student and the University. It is agreed that in the event the parties to this enrollment agreement are unable to amicably resolve any dispute, claim or controversy arising out of or relating to this agreement, or if a claim is made by either against the other or any agent or affiliate of the other, the dispute, claim or controversy shall be resolved by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. If this chosen forum or method of arbitration is unavailable, or for any reason cannot be followed, a court having jurisdiction hereunder may appoint a panel of arbitrators pursuant to section 682.04, F.S. The expenses and fees of the arbitrator(s) incurred in the conduct of the arbitration shall be split evenly between the parties to the arbitration; however, if Everglades University prevails in the arbitration proceeding, Everglades University will be entitled to any reasonable attorney’s fees incurred in the defense of the student claim. Venue for any proceeding relating to arbitration of claims shall be in the county wherein the institution is located. This agreement cannot be modified except in writing by the parties. In the event a student has not been able to resolve a concern with the institution, the student may submit such concern to the following for review and response:

Accreditation Southern Association of Colleges and Schools, Commission on Colleges (SACSCOC), 1866 Southern Lane, Decatur, Georgia 30033-4097 or call 404-679-4500.

Office of Articulation, Florida Department of Education
[email protected]
850-245-0427

Distance Education students, who have completed the internal institutional grievance process and the applicable state grievance process, may appeal non-instructional complaints to the FL-SARA PRDEC Council. For additional information on the complaint process, please visit the FL-SARA Complaint Process website: https://www.fldoe.org/sara/student-concerns.stml.

Policy Regarding Safety And Private Spaces Act Section 553.865

Restrooms and changing facilities are designated for exclusive use by male and females (based upon biological sex at birth). Individuals who willfully enter and refuse to leave a restroom or changing facility of the opposite sex are subject to disciplinary action by the University.