MassBay is committed to providing a learning environment that offers both rigorous academics and supportive services. If a MassBay student believes that the College is not fulfilling its responsibilities, we encourage them to share this information with the Dean of Students Office. Our goal is to work collaboratively with you, the individual, and/or the supervisor to help resolve the situation.
Students should first use all channels of professional communication to reach an informal resolution with the individual. If after speaking wtih the individual, you are not able to resolve your concern through informal channels, you have the option to submit a Student Complaint Form.
Complaint - The informal, unwritten stage of an allegation of mistreatment. Day - As used in this policy, shall mean a calendar day.
Grievance - A written grievance filed by a student with the person designated by the President as the Student Grievance Officer specifically alleging an abridgment of his or her rights as a student.
Grievant - The student filing the Grievance. The Grievant must have been a registered student of the College at the time of the alleged mistreatment.
Instructional Period - The academic semester, summer session, or intersession when a grievable act or omission occurs. The Instructional Period shall end on the last day of final exams.
Responding Party - The person against whom a complaint or Grievance is directed.
Senior Officer - Senior level employee who reports to the President for the Responding Party’s work area.
Student Grievance Officer - A College employee assigned responsibility for administering the Student Grievance Procedure, including the maintenance of specified records. The Student Grievance Officer shall ordinarily be the Senior Student Affairs Officer. If this individual is the person against whom the Grievance is filed, the President shall designate another College official to act as the Student Grievance Officer.
Substantial Evidence of Error or Injustice - For the purpose of Grade Appeals, substantial evidence of error or injustice is defined as:
Time - The number of days indicated at each level shall be considered as a maximum. All reasonable efforts shall be made to expedite the process, but the President or his/her designee may extend the time limits in extenuating circumstances with notice to both parties in writing, or by mutual written agreement between the Grievant and the Responding Party.
This is the informal stage where most complaints are resolved. The Grievant and the Responding Party should consult with the Student Grievance Officer at this time. A Grievant initiates the informal phase of the Grievance process. The Grievant shall first present his/her complaint orally and informally to the Responding Party. This shall be done in a reasonable period of time, not exceeding thirty (30) calendar days following the instructional period when a grievable act or omission occurs.
The Responding Party must respond to the Grievant’s complaint within ten (10) days. Though this phase of the process is informal, the parties may present their positions in writing. If the matter is not resolved informally within ten (10) calendar days from the date a response to the complaint was due, the Grievant may proceed to Level Two.
The Student Grievance Officer shall notify the parties in writing when a complaint is not resolved informally at Level One. The Grievant may, within ten (10) calendar days after receipt of the Student Grievance Officer’s written notice, file with the Student Grievance Officer a Grievance. The Grievance shall contain the following information: the name and title of the person(s) against whom the Grievance is directed, a statement of all known facts, documents and materials supporting the grievance, a list of individuals who have information pertinent to the grievance, and the relief sought by the Grievant. All supporting documents, if any, shall be attached to the grievance as part of the Grievance. The Grievance shall also state the date it is filed and that it is being filed at “Level Two, Step One.”
The Grievance may be filed with the Student Grievance Officer by email, regular mail, certified mail, or in hand. Thereafter, the Student Grievance Officer shall deliver the Grievance, and all supporting documents, if any, to the Responding Party within five (5) calendar days. If the Responding Party is unavailable at the time the Grievance is filed, the Student Grievance Officer shall use reasonable means to deliver the Grievance within a reasonable period of time.
The Responding Party shall forward a written Level Two - Step One response to the Student Grievance Officer within ten (10) calendar days of his/her receipt of the Grievance. The Student Grievance Officer shall deliver the written response to the Grievant within five (5) calendar days of receipt.
If the Grievance is not resolved to the satisfaction of the Grievant within ten (10) calendar days after his/ her receipt of the Step One response, or if no written response is submitted, the Grievant may within ten (10) calendar days after the written response was received or due, request the Student
Grievance Officer to forward the Grievance and response, if any, to the supervisor of the Responding Party, with a copy to the Senior Officer of the work area of the Responding Party.
The supervisor shall investigate the Grievance and confer with the Senior Officer. The supervisor shall forward his/her written decision to the Student Grievance Officer, within ten (10) calendar days after receipt of the Step Two Grievance. Thereafter, the Student Grievance Officer shall deliver the decision to the Grievant and the Responding Party within five (5) calendar days.
At any time before the issuance of the Supervisor’s Step Two decision, the Senior Officer may request that the parties meet to discuss the issue and attempt to resolve it. Grade appeals do not go beyond this Step (Level Two - Step Two) per the section on Grade Appeals. No new issues or allegations may be raised by either party after Step Two.
If the Grievance is not resolved to the satisfaction of the Grievant within the period allowed at Level Two - Step Two, the Grievant may request a hearing before a Student Grievance Committee. Such a request must be in writing and presented to the Student Grievance Officer within ten (10) calendar days from the issuance of the Supervisor’s Level Two - Step Two decision.
Within ten (10) calendar days of the Student Grievance Officer’s receipt of the Grievant’s request for a hearing, the Student Grievance Officer shall arrange a hearing before a Student Grievance Committee. The Student Grievance Officer shall use reasonable efforts to schedule the hearing at a time mutually convenient to the parties. At least twenty-four (24) hours prior to the hearing, the Student Grievance Officer shall provide each member of the Committee and all parties to the Grievance with copies of the Grievance, responses to the Grievance, decisions issued, and all relevant supporting documentation and materials. The Committee’s make-up and hearing rules are discussed later in this policy.
The Committee shall deliver its findings and recommendations to the Student Grievance Officer within ten (10) calendar days following the hearing. A
copy of the Committee’s findings and recommendations shall be delivered to the President or his/her designee, within five (5) calendar days of receipt.
Within ten (10) calendar days of the President’s receipt of the Committee’s findings and recommendations, the President or his/her designee shall issue a written statement accepting, modifying or rejecting the Committee’s recommendations. The decision of the President or his/ her designee, shall be final and binding on all parties.
Students should receive an initial response to their complaint within one to two (1-2) business days from the Dean of Students Office. They can then opt to meet directly with the employee’s supervisor or the Dean of Students. During this meeting, we will review the complaint and discuss resolution options. Due to the varying complexity of complaints, an exact resolution time frame cannot be provided.
Complaint Process:
The written response is shared with the student.
In order to efficiently work towards a resolution, please include all of the following information with your complaint.
Assignments and/or other academic documents
You may choose to remain anonymous to the person you are filing the complaint against, but not to the Dean of Students Office or the employee’s supervisor. However, remaining anonymous may severely limit the College’s ability to take further action. Complaints can be submitted up to 30 days after the end of the instructional period. If you would like to file a complaint without taking action or if it is after 30 days, please contact Josh Cheney at jcheney@massbay.edu.
Retaliation involves taking adverse action against the person filing the complaint. It can include intimidation, threats, coercion, or discrimination.
Examples include:
If you feel you have been retaliated against, please contact the Associate Dean of Students, Josh Cheney, at jcheney@massbay.edu.
If you feel that you are being retaliated against because of your complaint, please contact the Associate Dean of Students, Josh Cheney, at jcheney@massbay.edu.