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Resolution and Grievance Policy

Updated

PURPOSE / SCOPE:

Provide the Resolution and Grievance policy

POLICY:

ICOM recognizes the need for students to voice grievances and to seek resolution to problems, disagreements with faculty/administrators, or interpretations of institutional policy. ICOM also recognizes the responsibility of the student to express their concerns in a professional and ethical manner. Concerns may involve course grades, promotion, behavioral issues, financial concerns or issues related to external (e.g., COCA) accreditation standards and procedures. The grievance shall not be used to appeal or review violations of the Honor Code or an appeal from the PARC final decision by the Dean or the PARC.

All grievances must be filed in writing to the ICOM Office of the Dean. All grievance material will be securely maintained on file in the Dean’s office and the specific student/employee/faculty file as appropriate to the grievance.

Each step of the Resolution and Grievance Procedures generally takes two weeks to complete, unless otherwise noted. Extensions or waivers to this timeframe may be granted on a case-by case basis. Notice of a request for an extension from a student will be submitted within ten calendar days prior to the deadline.

Decisions about granting or denying the request for extension will be communicated to the student via letter within two business days of receipt of the request for extension. Likewise, if ICOM needs to extend a deadline, the Office of the Dean will provide said notice ten days before the due date.

Grievance for Academic Resolutions and Appeals

An individual concern that is academic in nature should be first discussed with the immediate instructor or preceptor and must be done in a professional manner. This concern generally includes those that arise from personal conflicts or actions taken against a student individually. For individual concerns, if resolution cannot be reached, the student may, within fourteen (14) calendar days of the failed resolution, appeal, in writing to the appropriate Associate Dean for the academic year involved.

If resolution cannot be reached from the prior appeals, the student may, within fourteen (14) calendar days of the failed resolution, appeal in writing to the Dean who will review the relevant issues and will decide, in his sole discretion, if a meeting with the student is warranted prior to issuing a response. The Dean’s decision will constitute the final resolution with no further options for appeal.

A concern over general course procedures or grading policies should be addressed through the Class President or the Class Representative through the appropriate Curriculum Committee. If through the normal processes for an acceptable and reasonable request, a resolution cannot be reached, the Class President may, within fourteen (14) calendar days of the failed resolution, appeal in writing to the appropriate Associate Dean for the academic year involved.

If resolution cannot be reached from the prior appeals, the Class President may, within fourteen (14) calendar days of the failed resolution, appeal in writing to the Dean who will review the relevant issues and will decide, in his sole discretion, if a meeting with the student is warranted prior to issuing a response. The Dean’s decision will constitute the final resolution with no further options for appeal.

A concern over ICOM policies and procedures should be addressed through the SGA President and the Assistant Dean for Student Services. If through the normal processes for an acceptable and reasonable request, a resolution cannot be reached, the SGA President may, within two weeks of the failed resolution, appeal in writing to the Dean who will review the relevant issues and will decide, in his sole discretion, if a meeting with the student is warranted prior to issuing a response. The Dean’s decision will constitute the final resolution with no further options for appeal.

Reminder: Course Assessment policies and test question challenges are not covered under student grievances. See syllabi for each course.

A concern over ICOM policies and procedures should be addressed through the SGA President and the Assistant Dean of Student Services. If through the normal processes for an acceptable and reasonable request, a resolution cannot be reached, the SGA President may, within fourteen (14) calendar days of the failed resolution, appeal in writing to the Dean who will review the relevant issues and will decide, in his sole discretion, if a meeting with the student is warranted prior to issuing a response. The Dean’s decision will constitute the final resolution with no further options for appeal.

If the concern is financial or with other areas of ICOM, the student should follow the appropriate chain of command as defined by the ICOM organizational chart.

Grievance Procedure for Harassment or Discrimination

Students who feel they are being discriminated against have the right to exercise the Grievance Procedure.

Retaliation against any individual who files a grievance or participates in the grievance process is strictly prohibited. In the event a student or anyone who participated in the grievance process believes they have been subjected to retaliation, that individual may use the Harassment Grievance procedures listed below.

Step One: The Resolution Process

Students who meet the Technical Standards for admission to ICOM, as described in this Student Handbook, and feel they are being discriminated against shall first meet with the Assistant Dean of Student Services to explain their grievance.

The student must schedule a meeting with the Assistant Dean of Student Services within fourteen (14) calendar days from the date of the action being grieved or the date the student should have known about the action to initiate this discussion. The grievance complaint must be made in writing and signed by the person filing it. The Assistant Dean of Student Services shall investigate the grievance within seven (7) calendar days. In the case where the discrimination is in any way threatening, the Assistant Dean of Student Services shall investigate the complaint and bring it to the attention of the Dean immediately for intervention.

After the investigation period of seven (7) calendar days, the student filing the grievance, and the person against whom the grievance is filed shall meet with the Assistant Dean of Student Services to discuss an informal resolution. This meeting shall be scheduled within fourteen (14) calendar days of the initial filing of the grievance.

A letter confirming the mutual decisions of the resolution shall be distributed, within ten (10) calendar days of the meeting, to all persons and kept within the permanent student and or employee files for possible future issues that may arise with the resolution.

If the Assistant Dean of Student Services determines there is insufficient evidence to support the allegations, he/she may close the grievance and shall notify the student, within fourteen (14) calendar days, of his/her findings and inform the student of their right to request a grievance hearing.

The Assistant Dean of Student Services shall keep a record of the grievance investigation, including all supporting documentation and a report of the findings. All material shall be filed as previously stated in this procedure.

Step Two: The Grievance Hearing Process

If the student feels the informal resolution has not been successful, or disagrees with the informal resolution, he/she may request the Assistant Dean of Student Services and the Dean to call a Grievance Hearing. The student has thirty (30) calendar days after receiving written notice of denial of the grievance to request such a hearing.

The request must be in writing, signed by the student, and include the following information:

  • A clear and precise statement of the grievance
  • A statement explaining how the action is discriminatory or the decision unreasonable if it is a

    denial of a requested accommodation

  • The name the respondent parties (the person(s)) against whom the grievance is filed)

  • An explanation of each respondent responsible for the action or decision

  • The requested remedy

  • Any request to bring a non-participating observer to the hearing

This information must be sent by certified mail or delivered with signature of receipt to both the Office of the Assistant Dean of Student Services and the Office of the Dean. Upon receipt of the request for a Grievance Hearing, the following processes shall be followed:

  • The Dean shall designate the Associate Dean for Academic Affairs to review the case within seven (7) calendar days to see if a peaceful and prompt resolution can be made between the parties. In cases where this cannot be accomplished, the Dean shall appoint a Grievance Hearing Board, including naming a Chair, at the end of the seven (7) days.
  • The Grievance Hearing Board shall be appointed by the Dean who shall notify the Grievance Hearing Board in writing, of their appointment and inform them of the date of the hearing. The date of the hearing shall be within fourteen (14) calendar days of the notice. The Dean shall ensure that those participating on the Grievance Hearing Board are not a part of the alleged discrimination or the denial of accommodations. The Grievance Hearing Board shall consist of a Chair, two Associate Deans, two faculty members, one staff member, and one student.
  • The person(s) against whom the grievance is alleged shall receive a written copy of the grievance at least seven (7) calendar days in advance of the hearing.
  • The Grievance Hearing Board shall hear the grievance by the student. The person filing the grievance, as well as the person against whom the grievance is alleged shall at this time bring all witnesses and/or evidence to the hearing for the Grievance Hearing Board to consider. The Grievance Hearing Board shall also review documentation, including the final report from the Assistant Dean of Student Services relating to the grievance, and, as necessary, shall interview the Assistant Dean of Student Services as a witness in the grievance. Neither party shall be entitled to have an attorney represent them at the hearing. Only the Chair shall be entitled to question any witness and decide upon the relevancy of any evidence presented.

Prior to convening the grievance hearing meeting, the Grievance Hearing Board shall be trained on the specific grievance hearing procedures relating to the individual grievance and will be provided with additional educational material as appropriate

Following this initial hearing and presentation, if additional information is needed to render a decision, the Grievance Hearing Board may recess for a period of not greater than fourteen (14) calendar days. The Grievance Hearing Board, or the Assistant Dean of Student Services at the request of the Grievance Hearing Board, shall conduct further investigation of the alleged grievances. The Grievance Hearing Board may, during this time, meet with ICOM’s legal counsel who has further expertise in the law regarding disability and discrimination.

The second meeting of the Grievance Hearing Board, which shall occur within fourteen (14) calendar days, shall be to further discuss the grievance, the investigation, the educational materials provided, and the advice of legal counsel. The Grievance Hearing Board may require second interviews with the person filing the grievance or with those whom the grievance is filed against. The Grievance Hearing Board shall make a final ruling at this meeting. Minutes will be taken of all Grievance Hearing Board meetings. A letter shall be sent to the student within fourteen (14) calendar days of the final determination by the Grievance Hearing Board.

Step Three: Final Appeal Procedure

The student has the right to appeal the decision of the Grievance Hearing Board to the Dean. The student has thirty (30) calendar days after receiving the Grievance Hearing Board decision letter to file for an appeal. All such requests must be in writing, signed by the student, and be sent via certified mail directly to the Office of the Dean. The Dean shall have a period of not greater than fourteen (14) calendar days to respond to the appeal. The Dean shall have the final determination as to the outcome with no further options for appeal.

Improper Relationships

Relationships between a student and a faculty/staff member, including clinical preceptors, entrusted to oversee the student, which extend beyond the educational requirements or beyond ICOM activities, are not permitted. Relationships with patients (by a student or faculty member) which extend beyond their care requirements are strictly prohibited.

Inquiries should be directed to the ICOM’s Title IX Coordinator:

Luke Mortensen PhD
208-795-4367
lmortensen@idahocom.org
Office #320

Complaints Regarding Non-Compliance with American Osteopathic Association (AOA)

Accreditation Standards

ICOM is committed to meeting and exceeding the standards for Accreditation of Colleges of Osteopathic Medicine: COM Accreditation Standards and Procedures as described by the Commission on Osteopathic College Accreditation (COCA). A copy of the standards is available upon the request from the Office of the Dean or at the AOA COCA’s website at: www.osteopathic.org

Students in the osteopathic medicine program who believe that ICOM may not be in compliance with a standard of accreditation have the right to file a complaint through the following procedure:

  • A written, dated and signed complaint must be filed with the Senior Associate Dean for Learner Outcomes and Assessment.
  • The Senior Associate Dean for Learner Outcomes and Assessment will review the grievance and will refer the grievance to the appropriate administrates for investigation, review and appropriate action.
  • The results of the investigation will include findings of fact, a determination of standard compliance or non-compliance, and recommended corrective actions. The results will be communicated in writing to the Senior Associate Dean for Learner Outcomes and Assessment, Office of Student Services and the student complainant.
  • If corrective action is indicated, the Senior Associate Dean for Learner Outcomes and Assessment will develop a description/plan for such action within 30 days of receipt of the ad hoc committee results and deliver such plan to the Dean with a copy to the ad hoc committee. If corrective action is not indicated, the ad hoc committee will inform the complainant of their results.
  • Records of all proceedings regarding complaints will be maintained by the Dean’s Office. The Senior Associate Dean for Learner Outcomes and the Office of Student Services.
  • In the event that the student complainant is not satisfied with the ad hoc committee determination and/or corrective action, the student may appeal the decision to the Dean.
  • In the event that the student complainant is not satisfied with the ad hoc committee determination and/or corrective action, the student may communicate the complaint to:

COCA Assistant Secretary
Commission on Osteopathic College Accreditation American Osteopathic Association 142 East Ontario Street
Chicago, IL 60611-2864
Phone: 312-202-8097
Fax: 312-202-8397
predoc@osteopathic.org

ICOM recognizes the right of students to express complaints regarding COCA Accreditation Standards and procedures directly to the immediate accrediting body, COCA.

Formal Federal Agency Grievance Procedures

Students with grievances or complaints against ICOM based upon violations of Section 504 of the Rehabilitation Act of 1973 or the American’s with Disabilities Act of 1990 also have the right to file a complaint with the Office for Civil Rights by mailing the grievance or complaint to:

U.S. Department of Education
Office of Civil Rights
400 Maryland Avenue SW, Washington, DC 20202-1100; or
Faxing it to the Director at (202) 453-6012; or filing it electronically

For more information, students can contact the Office for Civil Rights:
1-800-421-3481
OCR@ed.gov

POLICY OWNER:

Senior Associate Dean for Learning Outcomes and Assessment

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