Know Your Rights: Grievance/Complaint and Conduct Violation Policies Overview

Disability-related Accommodations and Adjustments

Formal Request Level:
Students: Baker Center for Learning bcl@tompkinscortland.edu
Appeal Level: ADA/504 Compliance Officer, Room 219, 844-8222, ext. 4283, clb@tompkinscortland.edu
Employees and Visitors: Director of Human Resources, Room 219, 844-8222, ext. 4440, hr@tompkinscortland.edu
Appeal Level: ADA/504 Compliance Officer, Room 219, 844-8222, ext. 4283, clb@tompkinscortland.edu
Second Appeal Level: External appeal to Federal Office for Civil Rights, Department of Education

Non-Academic Code of Conduct

Informal Step: None
Formal Request Level: Hearing Officer
Appeal Level:
Darese Doskal, Associate Vice President of Student Affairs, Room 248, 844-8222, ext. 6591, doskald@tompkinscortland.edu 
 

Discrimination & Harassment (except accommodations) including Sexual Harassment or Violence involving staff members

Informal Step: Title IX Coordinators
Formal Request Level: Dr. Amy Kremenek, President, Room 221, 607.844.8222, Ext. 4367, president@tompkinscortland.edu
Appeal Level: External appeal to Federal Offices of Civil Rights

Other Student Grievances (problems arising in the relationship between a student and a staff member that are not specifically governed by one of the other processes)

Informal Step: Title IX Coordinators
Formal Request Level: Title IX Coordinators
Appeal Level: External appeal to Federal Offices of Civil Rights

General Information Related To All Grievance And Conduct Violation Procedures

Students and employees are welcome to seek assistance from any member of the College's community when involved in grievance or conduct violation procedures.

At the Formal Request and Appeal levels, each party is entitled to written notice of the issues involved, to present relevant and material evidence and witnesses to support the desired outcome, and to receive the decision in writing. All parties may appear with any advisors and/or legal counsels of their choice; however, the advisor’s role is limited to observation and consultation. Time frames are outlined in the specific procedures for each process; all references to days mean college business days.

Formal requests and appeals must be in writing and be delivered by email or hard copy to the person identified. Forms are available in each office listed above.  Appeals should be delivered within ten (10) days of receipt of the original decision unless a different time frame is identified in a specific process. Student email correspondence will be sent to and accepted only from the student’s Tompkins Cortland myMAIL account. The appeal must (1) identify the grounds for the request and (2) clearly set forth the reasons why the original decision should not be carried out.

All requests must include the following information:

1. The full name, Tompkins Cortland ID number, address and telephone number(s) of the student;
2. The name of the other party or parties and position, if known;
3. A clear, concise statement of the facts that support the request, including relevant date(s) and sufficient information to identify any individuals who may be potential witnesses;
4. A statement by the student or employee verifying that the information supporting the allegations is true and accurate to the best of his/her knowledge;
5. Specific remedy sought; and
6. The student’s or employee’s signature.

Unless additional grounds are identified in a specific process, appeals may be based only on one or more of the following grounds:

• New evidence not available at the time of the original decision.
• Procedural error that can be shown to have had a detrimental impact on the outcome.
• Errors in the interpretation of College policy substantially denying any party a fair hearing.
• Inappropriate sanction.

Decisions on all requests and appeals shall be made in writing within fourteen (14) days of the filing of the appeal request unless a different time frame is identified in a specific process.

An appeal will result in one of the following outcomes:

• Dismiss the appeal based on failure to state sufficient grounds for the appeal; earlier decision is upheld
• Dismiss the appeal based on insufficient evidence to support the appeal grounds and justify overturning the earlier decision; earlier decision is upheld
• Sustain the appeal and reverse the earlier decision
• Sustain the appeal and amend the earlier decision. The severity of the original sanction may not be increased.

A sufficient record of all proceedings shall be kept to enable review and the file shall be considered confidential and maintained by the maker for a period of three years, unless a longer period is required by law or regulation.