1. Offered by:
Dr. Mary Gallagher
Vice President of Administrative Services
Los Angeles Trade-Tech College

2. Introduction
The purpose of this training is to provide
grievance committees with basic information
on the grievance process. The goal is to
provide a resolution process that is efficient
and fair to all parties. It will also help
Committees hear and decide grievances in a
manner that ensures that their decisions will
be upheld during appeal and/or presidential
review.

3. Training Outline
 Part 1: Grievance Structure
 Part 2: Roles of Respective Participants
 Grievance Committee Members
 Grievance Committee Chair
 Grievant and Respondent
 Part 3: Initial Grievance Committee Meeting
 Description, Responsibilities and Pre-Hearing
 Part 4: Hearing of the Grievance
 Purpose and Composition

4. Training Outline
 Part 5: Committee Deliberations
 Part 6: Writing the Decision
 Part 7: Appeal Process
 E-55 Forms
 Assessment
 Question & Answer
 Evaluation of Training

5. LACCD E-55
Grievance Procedures
The purpose of the E-55 Regulation is to provide
a prompt and equitable means for resolving
student(s) grievances. In the pursuit of
academic goals, the student should be free of
unfair or improper action by any member of the
academic community. The grievance procedure
may be initiated by one or more students who
reasonably believe he/she/they have been
subject to unjust action or denied rights involving
their status or privileges as students.

6. Part 1: Grievance Structure
 A grievance involves:
 Grievant(s) (the person(s) who files the complaint)
 Respondent(s) (the individual(s) responsible for the action that has resulted in
the grievance)
 Grievance Hearing Committee (consisting of one administrator, two faculty
members, and two students, who hear the grievance and makes a
recommendation)
 Committee Chair (the individual selected by committee members to preside
over all meetings pertaining to the grievance matter)
 Advocates (third party participant(s) who may attend pre-hearing and hearing)
 Ombudsperson (facilitator of the grievance process, and not an advocate for
either grievant or respondent)
 Appeals Committee (consists of Chief Instructional Officer, Chief Student
Services Officer, Academic Senate President (or designee), and one faculty
member selected by the Academic Senate)

7. Part 1:
Grievance Structure
 The grievance procedure provides for a five (5)
member Committee that hears and decides the
grievance.
 A non-voting Ombudsperson presides over the
process to ensure it complies with procedure.
 The grievance hearing consists of the following
phases:
 Initial Meeting of Grievance Committee
 Pre-Hearing Conference
 Formal Hearing
 Deliberations
 Writing the Decision

8. Part 1:
Grievance Structure
The grievant and respondent, the parties, are
normally in an adversarial posture and the
grievance procedure calls for certain
exchanges of information between these
parties. It is the Committee’s role to interact
with the parties and ensure that the process
followed is fundamentally fair to all parties
and complies with State and District policy
and procedures.

9. Part 2:
Roles of Respective Participants
Grievance Committee Members
 The Committee’s role is to determine whether the grievance presents a
matter that is within jurisdiction of the grievance Committee, and if so, to
hear the grievance.(E-55 Section 4(d) items 1-6)
 The Grievance Committee acts as agent of the President of the College. As
a result of their delegated authority, members of the Committee must at all
times remain neutral to the parties of the grievance. (E-55 Section 6)
 To be a fair and impartial decision maker, a Committee Member should
keep an open mind and not presume either party to the grievance is right or
wrong. (E-55 Section 6(f))
 The Committee is responsible for making written findings of fact and
recommendations with regard to the grievance. (E-55 Section 4(h))
 The Committee’s authority is only to recommend a reassessment, and to
suggest actions deemed necessary to correct the situation. These are then
forwarded to College President for a final decision on the matter. (E-55
Section 4(h))

10. Part 2:
Roles of Respective Participants
Pursuant to District Policy, Committee members have
the following responsibilities:
 Attend the initial orientation meeting, pre-conference hearing, and all
scheduled hearing dates.
 Make preliminary determinations about whether the grievant has presented a
matter within the jurisdiction of the Grievance Committee or, if not, whether
the grievant should be allowed to amend the grievance or if the grievance
should be dismissed.
 Carefully listen and review all testimony and documentary evidence
presented.
 Weigh the credibility of the evidence, make specific findings of fact and
determine whether the grievant has substantiated the allegations.
 Assist with findings for the written report of the Committee’s decision.
 Keep all matters pertaining to the grievance confidential and not participate in
any ex-parte communications on matters related to the grievance.

11. Part 2:
Roles of Respective Participants
Grievance Committee Chair
 The Grievance Committee Chair is selected by the committee members.
 The Chair convenes and presides over all meetings.
 The Chair exercises control over all stages of the grievance hearing.
 The Chair provides information to Committee Members and participants
about the grievance process.
 The Chair makes procedural rulings regarding all stages of the hearing,
such as number of witnesses who may be called and length of each party’s
presentation.
 The Chair is responsible for ensuring the Committee’s work is completed in
a timely manner.
 The Chair is responsible for preparing a written report of the Committee’s
findings and recommendations, and compiling the official record to the
Ombudsperson for delivery to the College President.

12. Part 2:
Roles of Respective Participants
Grievant Respondent
 The grievance process is initiated  A grievance may only be brought
by a student who must file a written against an instructor who has
grievance petition (E-55 Form 1). rendered a decision adversely
 The petition must set forth the exact effecting a students academic
nature of the grievance, the identity capacity.
of all parties against whom the  California Education Code Section
grievance is filed, the grounds, and 76224(a) states all grades
the redress sought. determined by the instructor are final
 No grievance may be entertained unless there is a mistake, fraud, bad
unless the grievance is filed in a faith, or incompetence on the part of
timely manner. the instructor.
 The grievant bears the burden of  The respondent is required to
proving grounds for the grievance, answer all committee requests for
by a preponderance of evidence. information in a timely manner.

13. Part 2: Roles of Participants
Ombudsperson
 The role of the Ombudsperson is that of a facilitator of the grievance process,
and not that of an advocate for either Grievant(s) or Respondent(s).
 The Ombudsperson shall provide information to Grievant(s) and Respondent(s)
concerning the grievance procedures at any stage in the grievance process.
 The Ombudsperson may collect information, documents and records pertinent
to the case.
 The Ombudsperson may hold and facilitate meetings and discussions that may
lead to a resolution of the grievance.
 The Ombudsperson shall sit with the Grievance Hearing Committee and may
answer questions upon request but shall not serve as a member or vote.
 During the formal hearing stage, the Ombudsperson shall coordinate
preparation and conduct of the Grievance Hearing.
 The Ombudsperson shall ensure that the entire grievance process is conducted
in an orderly, fair, and respectful manner. The Ombudsperson has the authority
to exclude any individuals who fail to conduct themselves in an orderly, fair, or
respectful manner.

14. Part 2: Roles of Participants
Advocates
 The grievance procedure permits each party to have an Advocate.
 E-55 Section 10 states the College President (or his/her designee)
shall annually establish a standing panel from which grievant
Advocates can be selected.
 It is recommended the panel consist of a minimum of three (3)
students recommended by ASO, and three
administrators/supervisors or staff selected by the College President
(or his/her designee).
 The Advocate will receive training on process, regulations, and
procedures from the Ombudsperson.
 The training shall take place prior to the Advocates assumption of
the duties of the position.

15. Part 3: Initial Grievance Meeting
Committee Members
 The work of the Committee begins with an initial meeting of Committee members
convened by the acting Ombudsperson.
 The Ombudsperson will conduct a brief orientation to ensure that the members of the
Committee are familiar with the grievance procedures, and that no member has any
conflicts of interest.
 The Committee will then review the grievance petition to determine whether the
grievance is to go forward or be dismissed.
 At this initial meeting the committee should select a Chair from its members.
 Once the matter has been reviewed, and the Chair selected, the Committee will then
render a fair and impartial decision on the matter based solely on the evidence before
them.
 Does the grievance statement challenge a decision made by an instructor that is adverse to the
grievant?
 Was the grievance filed in a timely manner?
 Do the allegations, if true, constitute a grievance of mistake, fraud, bad faith, or incompetence?
 Is the remedy requested by the Grievant appropriate for the act that is alleged?
 Is any additional information required to decide the grievance?

16. Part 3: Initial Grievance Meeting
Conflicts of Interest
According to E-55 regulation:
 “No person shall serve as a member of the Grievance
Hearing Committee if that person has been personally
involved in any matter giving rise to the grievance,
 Has made any public statement on the matters at issue,
 Or could otherwise not act in a fair manner.
The Grievant(s) or Respondent(s) may challenge for cause any
member of the Grievance Hearing Committee prior to the
beginning of the Hearing by addressing a challenge, in writing,
to the Ombudsperson. (E-55 Section 6, Item (f)).

17. Part 3: Initial Committee Meeting
Forms
E-55 Form 3 E-55 Form 4
 After reviewing the jurisdictional matters  In certain cases, the committee may
the Committee must make a decision and decide that it needs additional
notify the parties using E-55, Form 3. information to decide the issues.
 In the case of dismissing a grievance, the  In such an event, the Chair may request,
grievant may appeal an adverse in writing, additional information from the
decision, a written decision will be parties.
prepared in either event setting forth the  Pursuant to LACCD Administrative
reasons for the Committee’s decision. Regulation E-55, Section 4(a) the
 In cases where the grievant has not Committee may ask that this information
stated a grievable matter, but the be provided to the Ombudsperson as
grievant has provided information that soon as possible, but not later than
indicates that the grievant can do so with five(5) days prior to the Formal
an amended grievance petition, the Grievance Hearing date.
Committee may permit the amendment.  A copy of E-55 Form 4,
 The Committee should discuss potential Information/Documentation Request is
dates for pre-hearing conference and provided to both parties.
formal hearing.

18. Part 3:
Initial Grievance Meeting
Defining the Terms
Mistake Something that is incorrect such as a
calculation or clerical error.
Fraud A deliberate misrepresentation of the truth or facts
intended to deceive.
Bad Faith Actions that do not accord with stated intentions or
intentional refusal to perform some duty or obligation as
previously stated.
Incompetence Lack of ability, qualification, fitness, or performance.

19. Part 3: Initial Grievance Meeting
Examples of Bad Faith
According to E-55 Administrative Regulation, there is no definitive definition of bad
faith, but it may exist if there is neglect or refusal to fulfill some duty or obligation not
prompted by honest mistake, such as:
 The assignment of a final grade was made on some basis other than the
performance in the course.
 The assignment of a final grade is a significant departure from the professor’s
previously announced standards.
 Significant deviation from the assessment methods and method for grade
calculations as stated in the initial or revised syllabus.
 The assignment of a final grade was issued using substantially different criteria than
was applied to other students in the course (favoritism, bias).
 Inconsistent or inequitably applied standards for evaluation.
 Capricious or prejudicial evaluation.
A student would submit an E-55 form based on “bad faith,” state the circumstances,
and submit documentation to substantiate their allegations.

20. Part 3: Pre-Hearing Conference
 At the pre-hearing conference, the Committee does not hear
evidence or arguments about the merits of the grievance but rather
seeks to elicit from the parties the specific matters in dispute.
 Identifying the issues in dispute and reaching an agreement on the
facts can reduce the length of time required to hear the grievance as
the testimony of witnesses or introduction of additional
documentation at the hearing may not be necessary.
 Identifying the issues in dispute permits the respondent to prepare a
response directed to specific issues in dispute and enables the
Chair to set time limits on testimony, determine how many witnesses
will be heard, and the length of time necessary to hear the
grievance.
 If the parties agree to develop a statement of agreed upon facts, the
facts should be introduced at the beginning of the Formal Grievance
Hearing.

21. Part 4:
Hearing of the Grievance
 The purpose of the Formal Grievance Hearing is to
provide the Grievant and Respondent the opportunity to
present their respective cases to a Committee that will
make findings of fact and recommendations regarding
the grievance.
 The hearing is composed of four discrete segments:
 Opening statements of each party
 Presentation of grievant’s case
 Presentation of respondent’s case
 Closing remarks by each party

22. Part 4:
Hearing of the Grievance
Opening Statements. Opening statements from Grievant and Respondent are invited after the Chair’s
introductory remarks and overview of hearing procedure. The Chair will ask each party to make a brief
summary of what their respective positions are regarding the grievance. Chairs should place a time limit on
opening statements, and then proceed to the evidentiary phase. (Opening Statements 5 minutes)
Grievant’s Case. The Grievant presents his or her case first through the introduction of documentary
evidence and testimony of witnesses. After each witness, the Respondent has the opportunity for cross-
examination of the Grievant’s witness. Committee members may also ask witnesses questions. At the
conclusion of the Grievant’s case, the Committee must decide if the Grievant has presented sufficient
credible evidence to sustain the allegations.
Respondent’s Case. The Respondent’s presentation proceeds in similar fashion with the Grievant’s cross-
examination of witnesses. The Committee may also ask questions of Respondent’s witnesses. At the
conclusion of the Respondent’s case, closing statements from each party are then invited by the Chair.
Closing Statements. Closing statements provide each party with the opportunity to summarize the
evidence and to argue their respective positions based upon the evidence presented. Closing statements
may not introduce new evidence. After closing statements, the Chair invites the Committee members to ask
any additional questions that they may have. Then the hearing concludes. The Committee remains to
deliberate. (Closing Statements 5 minutes)

23. Part 5:
Committee Deliberations
The Committee deliberations take place in closed session.
The deliberative phase allows Committee members to discuss all
the issues that have been raised during the hearing and the
evidence presented by each party in support of their position.
Conflicting evidence is evaluated and the Committee determines
which facts have been proven.
The facts are then applied to the issues, and the Committee
determines what recommendations it should make regarding the
grievance.
If the Committee is not in complete agreement on the matter, three (3) voting members shall
constitute a quorum by which business may proceed. The quorum must include at least one (1)
administrator/supervisor, one (1) faculty, and one (1) student.

24. Part 6:
Writing the Decision
 The written report of the Committee’s
decision must set forth the Committee’s
findings and recommendations.
 The findings of fact should be relevant to
each issue in the grievance.
 The recommendation addresses what
action(s) the Committee has decided
should be taken.

25. Part 6: Writing the Decision
Decision Recommendation
 The recommendation must be supported by the
facts and the Committee should provide
justification.
 A carefully reasoned decision is more likely to be
persuasive and upheld.
 The Committee should decide if the matter being
grieved was reached for improper or unfair
reasons and if policy was violated.
 The Committee should clearly state corrective
action being recommended.

26. Part 6: Writing the Decision
E-55 Form 5
 E-55 Form 5, Grievance Committee Recommendation, is used to
provide the College President with a recommendation for the
President’s final decision.
 E-55 Form 5 allows the Committee to Grant the grievance and provide
remedy or Deny the grievance and provide reasons.
 Both parties receive a copy of E-55 Form 5, and E-55 Form 6,
Grievance Appeal, as either party may appeal the Committee’s
recommendation.
 In cases where the Committee’s report is forwarded to the College
President for final decision, the Grievance procedure provides that the
President may accept or reject any or all findings and
recommendations of the grievance Committee.
 The President may also seek clarifying information from the
Committee, so be as systematic as possible in your recommendation.

27. Part 7: APPEAL PROCESS
GRIEVANCE HEARING COMMITTEE DENIES REQUEST FOR FORMAL HEARING
 If the Grievance Hearing Committee rejects the request for a Grievance Hearing, the
Ombudsperson will notify the Grievant in writing of the Committee’s decision. The
notification will contain the appeal rights of the Grievant (E-55 Section 7a.)
 The Grievant will have ten (10) instructional days after receipt of the Grievance Hearing
Committee’s decision to appeal the decision in writing through the Chief Student
Services Officer. (E-55 Section 7a)
 The Grievance Appeals Committee will meet and review the Grievance Hearing
Committee’s decision not to hold a Grievance Hearing. The Appeal Committee will
make a recommendation to the College President, through the Ombudsperson. (Section
7a)
 The College President will make a final decision. The Grievant and Respondent will be
notified through the Ombudsperson of the President’s decision. (Section 7a)
 If the College President determines there will not be a Formal Hearing, the process is
complete and the matter is resolved. The grade given to the student will be the grade
originally determined by the instructor of the course.
 If the College President determines there will be a Formal Hearing, the Committee will
proceed following Formal Hearing Procedures.

28. Part 7: APPEAL PROCESS
APPEAL OF A GRIEVANCE HEARING COMMITTEE’S RECOMMENDATION
 If the Grievant or Respondent is dissatisfied with the Grievance Hearing
Committee’s recommendation regarding the merits of the grievance, a
written appeal may be filed through the Chief Student Services Officer.
 The appeal must state the specific basis on which it is being made along
with any supportive information. (E-55 Section 7(c))
 The Grievance Appeals Committee will meet and review the Grievance
Hearing Committee’s decision. The Appeal Committee will make a
recommendation to the College President, through the Ombudsperson.
(E-55 Section 7c)
 The College President will make a final decision on the matter. The
Grievant and Respondent will be notified though the Ombudsperson of
the President’s decison. (E-55 Section 7d)
 The College President’s decision is final. Upon the receipt of the
President’s decision, the process is complete and the matter resolved.

29. E-55 Forms
 E-55 Form 1 – Statement of Grievance
 E-55 Form 3 – Decision on Request for Formal Grievance
Hearing
 E-55 Form 4 – Grievance Hearing Committee
Information/Documentation Request
 E-55 Form 5 – Grievance Hearing Committee
Recommendation
 E-55 Form 6 – Grievance Appeal
 E-55 Form 7 – Grievance Appeals Committee
Recommendation for College President
 E-55 Form 8 – President’s Final Decision
 E-55 Form 9 – Ombudsperson’s Report (Optional)

30. Assessment

31. Challenge Questions
 What regulation governs the Final Grade
Grievance process?
 How many members participate on a Grievance
Committee?
 List the four reasons a student may challenge a
grade through the grievance process?
 Who makes the final decision on all grade
grievance matters?
 Who acts as an impartial facilitator of the
grievance process?

32. Challenge Questions
 How many members make up a quorum?
 Who presides over the Formal Hearing?
 Who carries the responsibility of “burden of
proof,” Grievant or Respondent?
 Where can students obtain Final Grade
Grievance process information and forms?
 Where can a student file a grievance?

33. Are there any
QUESTIONS?

34. Evaluation

35. Thank you