Conflict Resolution Process for Student Academic Complaints: Twin Cities

Introduction and purpose

This procedure implements Board of Regents Policy: Conflict Resolution Process for Student Academic Complaints and outlines the student conflict resolution process for the Twin Cities campus. The goal of this procedure is to provide a simple and fair process that allows for both informal and formal resolution of conflicts.

Scope and Relief Available

This procedure applies to "student academic complaints," which are complaints brought by students regarding the University's provision of academic services and education affecting their role as students.

Student academic complaints must be based on a claimed violation of a University rule, policy, or established practice.

This procedure does not limit the University's right to change rules, policies, or practices.

Complaints regarding discrimination, sexual misconduct, nepotism, or related retaliation. Complaints of this nature must be filed with the Office of Equal Opportunity and Title IX. If a student is filing related complaints under both this policy and with the Office of Equal Opportunity and Title IX, the college may delay the start of the academic complaint review until the resolution of the complaint by the Office of Equal Opportunity and Title IX.

Retaliation. Retaliation against good faith efforts to pursue the complaint resolution process is prohibited. Reports of retaliation are reviewed, investigated, and resolved in the same manner in which other concerns of misconduct are handled (Administrative Policy: Reporting Suspected Misconduct).

Degree Requirements. The resolution process (including appeal if applicable) does not relieve the student from their obligation to timely meet course or degree requirements. The student should continue to fulfill course and degree requirements following submission of the complaint and throughout the time required for resolution. Additionally, the student academic complaint process does not pause or otherwise delay University actions taken for academic or other reasons and which may impact student status or eligibility for University services or resources.

Relief available under this procedure. Resolution of complaints under this procedure may include student reinstatement or other corrective action for the benefit of the student, including refunds, but may not include the award of monetary damages, or take disciplinary action against any employee of the University.

Informal Resolution at the Lowest Level

The first step of any resolution should be at the lowest unit level, between the parties involved or the parties and an appropriate third party (e.g., other faculty, department chair, director of graduate studies, administrator). Students should consult the Student Conflict Resolution Center or similar support services for assistance in exploring options for informal resolution. If no informal resolution is reached at the lowest unit level, a student may seek informal resolution at the collegiate level with the other party and/or higher level administrators. 

The student must exhaust any collegiate or unit level resolution processes before continuing with this procedure. If the issue cannot be resolved through these efforts, the student may seek resolution through the Student Academic Complaint process, as outlined below.

Resolution of Student Academic Complaints

If no informal resolution can be reached through conflict resolution efforts and/or an official appeals process within the student’s unit or college, colleges and administrative units will provide a review process appropriate to the issue raised by the student academic complaint, as described below.

1. The Student Files a Complaint

   A student must file a written student academic complaint.

   • For professional program students, the appropriate college is the home college of their graduate/professional program. For all other graduate students, the appropriate college is the Graduate School. An official list of all research and professional programs is available at the Graduate School: Graduate and Professional Programs website.
   • For students in dual research and professional programs, the home college for the professional program will hear the complaint.
   • Undergraduate students submit their complaint to the Dean of the college in which the complaint occurred.

   The student must use the complaint form attached to this procedure, which must identify the student; the respondent; the individual(s) involved; the incident; the rule, policy, or established practice alleged to have been violated; and a brief statement of the remedy the student is seeking. The complaint must be filed within 60 calendar days from the occurrence or notice of the action being challenged or from the conclusion of an established resolution process within the student’s unit or college.

   From the time of filing the complaint through the conclusion of the academic complaint process, students may work with an advocate of their choosing.

2. The College Appoints an Academic Complaint Officer (ACO) and a Complaint Coordinator (CC)

   Each collegiate unit must appoint an Academic Complaint Officer (ACO), who must be an Associate Dean, or an appointed faculty member within the college, and a Complaint Coordinator (CC) for each complaint. The ACO and CC may not have a direct interest in the dispute, including an active administrative appointment that could be seen as a conflict of interest. Each college must have an established process for appointment and training ACOs and CCs.

3. The ACO Determines if the Complaint Falls Within the Scope of this Procedure 

   If the ACO determines that any portion of the complaint is not subject to this procedure, the ACO must notify the student of that decision in writing within 10 business days of being assigned the complaint by the college. The student may appeal that decision to the senior academic administrator, following section 11 below. Following this determination, the ACOs role is concluded.

4. The Respondent Provides a Written Response

   If the ACO concludes that the complaint or any portion of it falls within the scope of this procedure, the college will require a written response to the complaint. The respondent must provide a response within 10 business days after notice that a response is required, unless there are compelling reasons for delay.

   Requests for an extension will be reviewed and approved by the CC overseeing the complaint. This decision is not subject to appeal. 

5. The Hearing Panel is Set

   A hearing panel will be established by the CC to hear the complaint. The hearing panel will have at least three members, including a Chair, and must be drawn from faculty, students, and/or academic staff. 

   The chair must be a faculty member and will be appointed to the role by the CC. Training for chairs will be available upon request by the Office for Conflict Resolution. 

   On a panel of three, one will be a student. If membership exceeds three, the panel  may include more than one student. In the case of graduate/professional school complaints, the student member(s) will be graduate/professional school students. In the case of undergraduate complaints, the student member(s) will be undergraduates. 

   The complainant and the respondent must be notified of the hearing panel membership and given an opportunity to object to members on the basis of bias or conflict of interest. Disputes about the membership of the panel will be formally decided by the collegiate Dean, who will respond to the objecting party in writing within 10 business days of receipt of the objection. This decision is not subject to appeal.

   Panelists will serve as neutrals, not advocates, and none will have a direct interest in the dispute. Panelists will give the complainant’s and the respondent's presentations open-minded, fair consideration. All matters of the panel and complaint are confidential. Panelists will not have private conversations about the complaint with the parties, the parties’ advisors, or any witnesses. 

   Once the hearing panel is set, the CC is responsible for scheduling a hearing before the hearing panel, as well as a pre-hearing conference.

6. The College Holds a Pre-Hearing Conference

   A pre-hearing conference among the parties and the Panel Chair is necessary to help to clarify the issues, determine what information or witnesses each side intends to present, establish ground rules and procedures for the hearing, and answer any other questions. In general, a pre-hearing conference eliminates surprises at the panel hearing and helps the parties prepare. The parties, their advocates, the hearing chair, and staff support will attend the prehearing conference.

   Parties must submit a witness list and any relevant documents for consideration at the hearing prior to the pre-hearing conference. The CC will ensure that all documentation and evidence is made available to all parties. The Panel Chair will rule on any objections or issues that arise during the pre-hearing conference.

7. Hearing Rules and Overview

   The college will strive to complete a hearing within two months of the student’s submission of the academic complaint. This timeline may be impacted by holidays, faculty contract terms, or periods when the University is closed.

   Complainants may represent themselves or be represented by an advocate or lawyer. In the event the complainant is represented by a lawyer, the respondent will be represented by an attorney from the University’s Office of the General Counsel.

   If either party, or their designated representative, is unable to attend the formal hearing, they should make every effort to inform the CC as soon as possible. Should a compelling reason (e.g., illness or injury) prevent the attendance of either party, the hearing may be postponed at the Panel Chair’s discretion.

   Should either party fail to attend the hearing without an approved reason for their absence, the hearing may be held in their absence.

   Hearings are typically scheduled for one half day and will typically be held via an online platform.

8. The Hearing Panel Hears the Complaint 

   The hearing panel will provide an opportunity for the complainant  and the respondent to present their views and information. The panel should follow the procedures outlined in the Guidelines for Colleges: Hearings Under the Conflict Resolution Process for Student Academic Complaints. 

   The burden of proof is on the student to show that it is more likely than not that the action(s) presented for resolution violated a University rule, policy, or established practice. 

   • The hearing panel will review the complaint, response, information presented, and hear testimony where appropriate.
   • The panel will exercise reasonable judgment in deciding the information to permit and to rely on in making a decision. Panel hearings are not court cases, and the rules of evidence used in court proceedings do not apply.
   • Each party is responsible for presenting its own information, arguments, and witnesses.
   • Witnesses may only be present at the hearing when providing their testimony.
   • The hearing panel may also be advised by the Office of the General Counsel, and in the case where the Office of the General Counsel is representing the respondent, a different attorney from the Office of the General Counsel will be appointed to advise the hearing panel. 

9. The Hearing Panel Issue Recommendations

   The panel will prepare a written report, articulating findings and recommending a resolution of the matter. 

   The panel must submit its report within 10 business days of the close of the hearing. 

   The panel chair will send the report to the Dean of the college, who will distribute the report to the parties. If the complaint challenged an action personally engaged in by the Dean, the Executive Vice President and Provost, or designee, will appoint another administrator to fulfill the Dean's role under this procedure.

10. Decision by the Dean

    The Dean will review the panel's report and may review any other parts of the hearing record. The Dean has full discretion to accept or modify the panel recommendations. If the Dean opts to modify the panel’s recommendation, they must provide their justification in writing. Within 10 business days of receipt of the panel report, the Dean will issue a decision to the parties, unless there are compelling reasons for delay. The Dean must inform the student of the right to appeal. 

11. Appeal

    Either party may appeal to the Executive Vice President and Provost, or designee. The sole purpose of the appeal is to determine whether the parties have been afforded due process. 

    The unsatisfied party must file a written appeal to the Provost, or designee, within 10 business days of receipt of the decision by the Dean. The party must explain the basis for the appeal and provide any relevant documentation. The Provost or designee has the discretion to decide how to process the appeal. The Provost or designee will issue a written decision within 30 business days of the filing of the appeal, unless there are compelling reasons for delay.

    A party can also challenge an ACO’s finding that a complaint falls outside the scope of this procedure under section 3 above. The Provost or designee may reverse the ACO’s decision and return the complaint to the college for a hearing, or affirm the decision by the ACO that the complaint is outside the scope of this procedure.

    The decision of the Provost or designee is final and cannot be appealed further within the University.