S-8 Non-Instructional Complaint Resolution

The purpose of this regulation is to provide a clear and fair process to report and resolve non-instructional complaints within MCCCD. 

The non-instructional complaint resolution process may be applicable when students and prospective students[1] using Maricopa Community College services have a complaint not related to classroom instruction, grades, or an academic evaluation process, such as grading, testing, or assignments, which must follow the instructional grievance procedure/policy defined in MCCCD Appendix S-6 instructional and final grade grievance process. All complaints are handled as privately as possible, consistent with the need to investigate and respond appropriately. All non-instructional complaint records will be maintained by the college designated person or office in accordance with Arizona Revised Statutes § 41-151.12[2] [3] [4] .[5] [6]

DEFINITIONS:

1. “Complaint” a written expression of dissatisfaction concerning a non-instructional matter (i.e. campus safety, employee conduct, administrative processes, etc.) of the college or MCCCD.
2. “Complainant” the individual submitting the complaint.
3. “Instructional matter” those matters related to classroom instruction, grades, or an academic evaluation process, such as grading, testing, or assignments.
4. “Respondent” the department(s) or employee(s) named in the complaint.
5. “Non-instructional matter” those matters (i.e. campus safety, employee conduct, administrative processes, etc.). Including matters that can involve faculty or instructors outside of course environment or other academic processes (i.e., club advisement or other functions or services provided by faculty or instructors).

Colleges and MCCCD encourage complainants to resolve concerns/complaints informally wherever possible by discussing the issue directly with the employee or department involved. Retaliation on this non-instructional complaint process shall not be utilized in a case in which a complainant feels they have experienced discrimination on the basis of race, color, religion, national origin, gender, age, disability, veteran status, or sexual orientation, or have experienced sexual harassment. The complainant shall refer to the discrimination complaint procedures for students under ND-2 Discrimination Complaint Procedures or 5.1.8 policy Prohibiting Harassment. If the complaint references a faculty member’s teaching, research or publication, intramural speech, or extramural speech, the department supervisor(s) receiving the complaint may consult MCCCD’s committee on academic freedom regarding the complaint (https://district.maricopa.edu/academic-freedom).

Steps for the complainant to follow:

1. Informal complaint resolution
    
   • Step 1: Request and Meeting
     • A complainant who identifies a complaint involving a non-instructional matter should attempt to meet with the employee(s), or if unknown, the department supervisor(s) within ten (10) business days from the time the complainant knew or reasonably should have known about the problem or concern to clarify misunderstandings, correct errors, or find a mutually agreeable solution.
     • The request for a meeting with a department supervisor should include information regarding the problem or concern, including:
       • Dates of discussions
       • Name(s) of employee or department(s) involved
       • Summary of the complaint and any actions taken by the complainant 
         
         Such documentation may also be subsequently resubmitted during the formal complaint process.
          
     • The supervisor will review the complaint to determine whether it falls under the S-8 Non-Instructional Complaint regulation. If the complaint references a faculty member’s teaching, research or publication, intramural speech, or extramural speech, the department supervisor(s) receiving the complaint may consult MCCCD’s committee on academic freedom regarding the complaint (https://district.maricopa.edu/academic-freedom).
       • If it does not, the complainant will be referred to the correct process in writing (i.e., instructional grievance, conduct, Title IX, etc.)
       • If the complaint falls under the S-8 regulation, the supervisor works with the complainant to resolve the issue.
          
   • Step 2: Conclusion or Escalation
     • If the complaint is resolved to the satisfaction of the complainant, no further action is required.
     • If the complaint remains unresolved at the informal resolution level, the complainant may escalate the complaint for formal review.
        
2. Formal Complaint Resolution Process (non-instructional)
   Prior to proceeding with a formal complaint, the complainant must complete the informal resolution process. If the issue remains unresolved, a formal review process shall be initiated.
    
   • Step 1: Formal Complaint Submission
     • The complainant must submit a formal non-instructional complaint in writing through the college designated person or office at the conclusion of the informal process.
        
   • Step 2: Investigation and Determination
     • Within five (5) business days, the assigned administrator will:
       • Conduct interviews with the complainant, respondent, and any witnesses. 
       • Gather and review relevant documents, emails, or records.
       • Provide the complainant with a written summary of findings and outcome provided within ten (10) business days of the complaint being submitted.
          
   • Step 3: Conclusion
     • If the complaint is substantiated, appropriate corrective or remedial actions will be taken, such as:
       • Adjustments to procedures or services
       • Employee training
       • Other corrective measures determined by the college
     • If the complaint is unsubstantiated, the complaint will be dismissed.
        
   • Step 4: Appeal Process
     • Any appeal must state the reason for the appeal (i.e., procedural error, new relevant evidence).
     • Any appeal must be made by the complainant within five (5) business days of receipt of the outcome.
     • The appropriate area vice president (or designee) will review the record and issue a final written decision within five (5) business days.
     • The decision of the vice president or designee is final.
        
   • Step 5: Recordkeeping
     • All documentation related to formal complaints-including the complaint, investigation notes, and final decision will be kept on file in accordance with Arizona Revised Statute § 41-151.12[7] [8] [9].