Student Complaint Process and Notices to Students
A student who has a complaint should bring it forward promptly for resolution.
Grade Complaint Process
If the matter concerns a final grade for a course, students should attempt to resolve it informally in discussions with the instructor of record. A final grade is reviewed only when there is a question about whether the grade was calculated in accordance with the requirements and grading procedures stated in the course syllabus. A complaint that is not resolved informally between a student and an instructor should be submitted in writing (email or letter sent by post) first to the appropriate school director and, if still unresolved, to the college dean. The decision of the college dean is final. Problems involving course grades must be brought forward within 45 days of the end of the semester in which the grade was earned.
Academic Grievance Process
Students who have an academic grievance other than a grade should attempt to resolve it informally in discussions with the appropriate instructor, faculty member, or advisor. Examples of this type of grievance or complaint include but are not limited to:
- failure of faculty to uphold university policies, such as prohibition of smoking in classrooms or prohibition of early completion of semesters
- failure of an instructor to enforce the Code of Conduct with respect to students in the classroom
- failure of an instructor to fulfill instructional obligations, such as unjustified cancellation of classes, frequent absenteeism or late arrival, and excessive absences during designated office hours
A complaint that is not resolved informally between a student and a faculty member is to be submitted in writing (email or letter sent by post) to the appropriate school director. If it is not resolved, the complaint may be taken to the college dean. The decision of the college dean regarding the issue(s) of concern is final. A student should bring forward a complaint or problem no later than 45 days from the end of the semester in which the issue occurred.
Disability Grievance Process
I. Scope
Students may use this policy to file disability-related complaints including but not limited to: Disability harassment and discrimination, and Failure to provide reasonable accommodations.
II. Policy Statement
Marymount University is an equal opportunity, affirmative action institution that operates in compliance with applicable laws and regulations. The University does not discriminate on the basis of disability. The University is committed to providing equal and integrated access for students with disabilities to all University programs, activities, and services. The University will respond promptly and effectively to disability complaints and will take appropriate preventive and corrective action, and if necessary, to discipline individuals who violate this policy.
III. Policy
A. Grievance Process
- Students may file a complaint with the University's Section 504/ADA Coordinator (“University Coordinator”). The University Coordinator is the Vice Provost for Academic Affairs and can be reached via the following points of contact: In-person at: Chap 2010, Main Campus, 2807 North Glebe Road Arlington VA 22207; By phone at: (703) 284-5934; and; E-mail at: sfoster@marymount.edu.
- A complaint must be filed as soon as possible but no later than one year after the alleged discrimination/action occurred to efficiently drive corrective action. This should be done to give the University a meaningful opportunity to resolve the problem. A delay in filing a complaint may narrowly affect available remedies.
- A complaint must be submitted in writing and contain the name and address of the person filing the complaint ("complainant") and a description of the allegation(s) of discrimination. The complainant must set forth specific facts such as the following:
- Context – What is the lead-up for the event/s taking place?
- Place – Where was the physical space in which the event took place?
- Duration – What date was the time of day and time-span over which the event took place?
- Persons – Who was involved in the event?
- Supporting documentation
- What emails might have been sent regarding the incident?
- Had the process for requesting accommodations been appropriately followed?
- Are there relevant pictures in the case of public access?
- The University Coordinator or designee will review the complaint, notify the subject of the complaint ("respondent") if applicable, and gather information and documentation from all relevant parties to determine next steps under this policy. This information may include but is not limited to the following:
- Correspondence with/from all concerned stakeholders.
- Clinical documentation that may or may not attest to the existence of a disability as framed by the ADA (e.g., the individual’s “condition,” the “manner” in which it impacts them, and the “duration” of its impairing effect.).
- Requests made for accommodations by relevant stakeholders (e.g., students, parents, clinicians, and outside counsel).
- Pictures and videos of access to public space and/or events.
Note: Student reports of bias can be made directly to “The Bias Incident Response Team” (BIRT) and/or the University Coordinator at https://marymount.edu/student-life/health-wellness/bias-incident-reporting/. The BIRT evaluates, investigates, and remediates bias-related violations of the Marymount University Community Code of Conduct. If there is ambiguity regarding which policy and procedures apply to a particular complaint, the relevant administrators will decide which policy and procedures apply to resolving a particular complaint. This is to avoid duplication of resolution efforts.
- If appropriate and voluntarily entered into by all parties, the University Coordinator will work with the parties to reach a mutually acceptable agreement. The agreement or results from the meeting with be issued in writing and forwarded to the relevant parties.
- If informal resolution is not viable or appropriate, formal procedures to resolve the grievance will begin. In such instances, the University Coordinator or designee will investigate the complaint. The University Coordinator or designee will communicate the outcome to the complainant and respondent.
- The decision of the University Coordinator or designee may be appealed by either the complainant or respondent on the following limited bases: (1) new information that significantly alters the findings of fact; (2) improper procedures in handling the formal grievance which are significant and resulted in an adverse finding; or (3) inappropriate remedy. The appeal must be delivered to the University Coordinator or designee within seven (7) calendar days after the decision of the formal grievance. The University Coordinator or designee will forward the grievance file including, without limitation, the University Coordinator’s or designee’s report and the appellant’s appeal to either (i) the Assistant Vice President of the Academic Hub or designee for complaints related to accommodation issues; or (ii) the Assistant Provost for Diversity, Equity and Inclusion or designee for other disability related complaints. The applicable referenced AVP or designee may affirm or modify the decision of the University Coordinator or may remand the case for further consideration. Decisions rendered by the applicable referenced AVP or designee are final.
- The University Coordinator or designee will offer complainants and respondents reasonable accommodations to participate in an informal or formal grievance. Accommodations may include providing information in alternative formats (e.g., sign language interpreting services, captioning, or braille). Any participating party in the grievance process may contact the University Coordinator or designee to request disability-based accommodations so that they may better engage in those proceedings. Generally, a five-business day advance notice of accommodation is required to review reasonable accommodation requests. However, a response to an immediate need for accommodation will be considered to the fullest extent possible.
B. Retaliation
- Retaliation is prohibited against anyone who files a complaint, supports or assists an individual in pursuing a complaint, or participates in resolving a complaint. Any retaliatory action may be the basis of another complaint under this policy and may subject the individual engaged in retaliation to discipline under the appropriate student, staff, or faculty disciplinary policies.
C. False or Frivolous Charges
- This policy may not be used to bring false or frivolous charges. Those bringing such charges may be subject to disciplinary action.
D. Confidentiality
- All reports or complaints of discrimination are confidential. Individuals with a legitimate need to know will be informed of the complaint. This action will allow the University to conduct a meaningful review to determine whether the complaint is isolated, frequent, part of a pattern of practice, and/or pervasive/systemic.
E. Notification Requirement
- The University will issue periodic statements of the University's intent not to discriminate on the basis of disability. Other forms of internal notification will be determined by the University Coordinator.
F. Alternative Avenues for Redress of Grievances
- While students are encouraged to use Marymount’s internal process in resolving disability-related complaints (above), all students have a right to file a grievance directly with either or both of the following entities external to the University:
- Arlington County Office of Human Rights
2100 Clarendon Boulevard, Suite 318
Arlington, Virginia 22201
Telephone: 703-228-3929
FAX: 703-228-4390
TTY: 703-228-4611
- Washington DC (Metro)
Office for Civil Rights
U.S. Department of Education
400 Maryland Avenue, SW
Washington, DC 20202-1475
Telephone: 202-453-6020
FAX: 202-453-6021
TDD: 800-877-8339
Email: OCR.DC@ed.gov
Title IX Grievance Process
Title IX encompasses any form of sexual misconduct, including sexual harassment, sexual violence, intimate partner violence, and sex-based discrimination. Title IX offenses are prohibited at Marymount University and Title IX reports are responded to promptly and restoratively. Should you be a victim or become aware of a potential Title IX concern, please contact the Title IX Coordinator, or one of our other Title IX deputies. You can do this by contacting these individuals directly or filing a Title IX report online. All information about Title IX reporting and a copy of the university’s policy and grievance procedures can be found here: https://marymount.edu/student-life/health-wellness/title-ix-2/
Other Grievance Process and Notices to Students
Other grievances or complaints should be addressed to the department or office in which the problem originated. Complaints not resolved at this level may be submitted in writing (email or letter sent by post) to the supervisor for that office. If students are not satisfied with the resolution of the problem by a supervisor, they may refer the concern to the office of the vice president who supervises the area in which the complaint originated. The decision of the vice president regarding the issue(s) of concern is final. Examples of this type of grievance or complaint deal with the following policies or laws:
- Consumer Information and Student Achievement: Information for current and prospective students regarding athletics, financial aid, health and safety, and other student issues is also publicly available. This information, along with data on student and alumni achievement, can be found on the Office of Planning and Institutional Effectiveness website.
- Family Educational Rights and Privacy Act (FERPA) and Public Notice Designating Directory Information: FERPA affords students certain rights with respect to their education records. Marymount also designates certain information contained in students’ education records as "directory information." Directory information may be disclosed by the university without the student’s prior consent pursuant to the provisions of FERPA. Information for current students regarding FERPA policies and Marymount's Public Notice Designating Directory Information can be found on the Office of the Registrar website.
- Nondiscrimination Policy: Marymount University does not discriminate on the basis of race, color, national origin, sex, age, disability, religion, sexual orientation, or other protected class in any of its educational programs or activities. Marymount University seeks compliance with Title VI of the Civil Rights Act of 1964, Title IX of the Education Amendments of 1972, and section 504 of the Rehabilitation Act of 1973, which respectively prohibit discrimination. Inquiries regarding these issues may be directed to the Assistant Director for Community Standards and Title IX Coordinator. Students who want to file a complaint should contact the Title IX coordinator and copy of the policy and grievance procedures are available at https://marymount.edu/student-life/health-wellness/title-ix-2/.
Final Note — Other Grievance Process
In accordance with VAC 40-31-100 of the Virginia Administrative Code, the State Council of Higher Education for Virginia (SCHEV) is responsible for investigating all written and signed complaints against postsecondary educational institutions operating in Virginia. This includes SCHEV oversight of complaints from students taking distance education classes under the aegis of the State Authorization Reciprocity Agreements (SARA). If a student has a complaint and has exhausted the avenues provided by Marymount University to resolve the complaint internally, the student can submit a Student Complaint Form to SCHEV. More details on the formal SCHEV student complaints procedure can be found on the SCHEV website at www.schev.edu.