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Grievance procedures for students in the Nelson Institute (Approved February 2019)
This document was reviewed by the Graduate Student working group and approved by vote of Nelson Institute Governance with subsequent review by campus HR; please note that this was prior to the revision of GAPP by campus in 2019-20, as well as present and expected changes in 2020 after to Title IX, Office of the Dean of Students, etc.
Preamble:
Any student who feels that they have been treated unfairly by a faculty or staff member has the right to seek redress and to receive a hearing of the grievance following these procedures. It applies only to grievances about those persons who are employees of the Nelson Institute, who teach for the Nelson Institute or otherwise are subject to administrative oversight by the Institute. The complaint may concern course grades, program admission, classroom treatment, hostile or intimidating behavior, or any other issue. Note that these procedures are for students bringing grievances to the Nelson Institute, they do not cover issues relating to the classroom behavior of students which must be referred to the Dean of Students.
The procedures outlined below are used in the Nelson Institute to ensure a prompt and fair hearing of complaints, and to protect the rights of both the student and the person at whom the complaint is directed. These policies describe formal procedures. A student is free to bypass these procedures if they do not wish for an Institute sanctioned resolution.
A complaint covered here may involve issues that either require or that would benefit from being directed to one of the campus programs or offices addressing complaints and grievances. See https://compliance.wisc.edu/. Please review the most recent information on Title IX on campus, as guidelines and contacts may change. Graduate students should review information at https://grad.wisc.edu/documents/grievances-and-appeals/. Undergraduate students may wish to review information available in the undergraduate course catalog. There they will find this option presented: “For assistance in determining options, students can contact the on-call dean in the Dean of Students Office, 608-263-5700, Room 70 Bascom Hall, Monday–Friday, 8:30 a.m.–4:30 p.m.”
Also, students should know that academic administrators may be required to report instances of sexual harassment or violence in accordance with university policy and the Clery act. (See: https://uwpd.wisc.edu/data-policies-resources/clery-act/)
State law contains additional provisions regarding discrimination and harassment.
Wisconsin Statutes 36.12 reads, in part: "No student may be denied admission to, participation in or the benefits of, or be discriminated against in any service, program, course or facility of the system or its institutions or center because of the student's race, color, creed, religion, sex, national origin, disability, ancestry, age, sexual orientation, pregnancy, marital status or parental status." In addition, UW–System prohibits discrimination based on gender identity or gender expression. Students have the right to file discrimination and harassment complaints with the Office for Equity and Diversity.
Questions about Nelson Institute procedures can be directed to the Associate Dean for Research and Education.
Procedures:
- If possible, the student (complainant) should first talk with the person against whom the grievance is directed to advise them of their complaint and to determine if resolution is possible.
- If the student is not satisfied, or if they do not feel comfortable addressing the person to whom the grievance is directed, they should ask to speak to the immediate supervisor of the person involved. If the complaint is directed against a teaching assistant, the student should talk to the TA's supervisor, who is usually the course professor. If the student grievance concerns a faculty or staff member in Nelson, the next formal step is for the student to meet with the Associate Dean for Research and Education. If the complaint is not resolved at this level, the student may continue to the next step (4).
- It is recognized that a student may be reluctant to bring their grievance to the person against whom the complaint is directed, or to their supervisor, or to anyone else in the administrative hierarchy. In that case, the student should seek out a person who can guarantee confidentiality to the extent allowed by the law and university policy and provide non-judgmental advice as to appropriate next steps. Note that if criminal activity is involved confidentiality cannot be guaranteed. If a student does not know of any suitable person, they may approach any member of the Nelson Institute Academic Programs staff who will be able either to serve as a confidential discussant or who will be able to direct the student to someone who can assure confidentiality. Their role is to be that of Ombuds, meaning that they are not to take a position with respect to the validity of the grievance. Their role is to advise the student as to appropriate next steps.
- To start a formal grievance process, the student must submit the grievance in writing to the Nelson Institute Associate Dean for Research and Education (hereafter Associate Dean) as soon as possible. An email for which receipt is acknowledged will be considered a written submission.
- On receipt of the written complaint, the Associate Dean will acquaint themselves with the issues. This may involve face to face meetings or other means of establishing the facts in dispute. The Associate Dean will have the option of proposing a resolution. If the proposed resolution is accepted by parties directly involved, the matter will be considered settled at this level. Relevant documents will be archived by the Office of the Assistant Dean for Administration. At any point in the proceedings after the receipt and acknowledgment of the grievance by the Associate Dean, the complainant or the compliance will have the option of requesting that the matter be referred to an ad hoc committee. This request must be submitted in writing and acknowledged by the Associate Dean.
- If the matter cannot be settled through the mediation of the Associate Dean, or if the Associate Dean has concluded that the case merits further attention, or if the complainant has requested that the matter be referred to an ad hoc committee an ad hoc committee will be appointed by the Dean of the Nelson Institute or their designee. The committee will consist of at least three members. Within 10 working days, the student will be allowed to revise the complaint or to add material to the complaint document to be provided to the committee. The complainant may request a change in committee membership, but the final decision on the committee will remain with the Dean. The committee may request a written response from the person toward whom the complaint is directed. This response shall be shared with the person filing the grievance. The ad hoc committee will meet to discuss the case. They are authorized to seek additional information if they feel it is necessary. They will convey their written decision regarding the case including any recommendations for remediation or mediation to the Associate Dean within 30 working days from the charge to the committee. The Associate Dean will provide a copy of the committee’s written decision to the student regarding the case within 10 working days of receiving the committee’s report; the Associate Dean will also confirm that the past record on file of any grievances regarding the parties involved has been investigated; and, the Associate Dean will provide the student a statement outlining the formal plan of steps that will be taken officially on the part of the Nelson Institute.
- The complainant then has the option of taking their grievance to the university level. There are several options available. Consult websites referenced above.
- The written documents relevant to the grievance will be archived in hard copy and electronic form as appropriate in a “Grievance Record” by the office of the Assistant Dean of Administration and will be maintained for a minimum of five years.
- The cumulative record involving any of the parties to a grievance will be reviewed each time a formal grievance is presented as in Step 4, above, in order to determine whether the pattern of grievance, such as past filings, indicates any actions are warranted.