Guideline for Filing Student Complaint
*This version is to be executed on 01 February 2012*
Published by Office of Student Affairs
|Article 1||To ensure student’s educational rights and improve learning environments, the Guideline for Filing Student Complaint is created following the structures defined by the Ministry of Education, University Regulations, and the CMU Guideline for Organizational Structure.|
|Article 2||The Student Complaint Review Committee (hereinafter referred to as refer as “Review Committee below) is created to review all students’ complaint cases associating with students, Student Government and other student-run organization as well as situations related to student living, learning and education at CMU.|
|Article 3||The Student Complaint Review Committee has the total of 11 members including 8 faculty representatives and 3 student representatives. Depending on the natural of different cases, the Review Committee may call on field experts as committee consultants. All committee members are unpaid position. All representatives must be student or faculty of CMU and/or experts in education, law or psychology. All members must be appointed by the CMU Chancellors. Faculty without administrative role must occupy more than half of the committee. Committee members of either gender must not occupy more than one third of the committee. A committee assistant shall be appointed to assist on student complaint cases and related/relevant work|
|Article 4||Dean of Student Affairs serves as the coordinator for the Student Complaint Review Committee. Committee Chair should be selected by the committee member and will serve for a one year term. Committee member can be reelected after serving a full term. When the coordinator is unable to call a meeting, the Committee Chair assumes the responsibility to call on a committee meeting.|
Student Complaint Review Committee members serve a two-year term and can be reappointed. Any specially appointed experts should serve till the end of the case they are appointed on.Members of the Student Code of Conduct Review Committee or investigator and any personnel with decision-making role on students’ code of conduct may not serve on the Student Complain Review Committee.
Students, Student Government, and other Student Association may file a complaint when they assume a decision being made regarding a student code of conduct cases may be inappropriate, unfair or illegal.“Student” in the previous sentence refers to students who remain enrollment during the time a decision is being made regarding the student code of conduct cases.
|Article 7||All Review Committee should have at least two-third of the committee members present. All decision made regarding a case in the Review Committee must be agreed on by at least two-third of the committee members. For other decision made by the committee must be agreed on by at least half of the committee. Review Committee member may not send a substitute to attend the committee meeting.|
|Article 8||When the Review Committee member(s) has personal tides with the complaint cases, he/she must excuse themselves from the cases. The individuals filing the complaints may also request the committee member(s) to be excused.|
|Article 9||When notifying student about the decision made regarding their Code of Conduct cases, CMU should also provide information regarding filing a complaint.|
If student, student government, and other student association have any complaints against a Student Code of Conduct decision being made against them, they need to submit for a Student Complaint with in 10 days starting from the day after notification.For any unforeseen situation that prevents individual, or groups to file a complaint, they may file a petition for the Review Committee to review their complaint cases. For cases a year pass the filing deadline will be not be accepted.
|Article 11||To file a complaint, student, Student Government, and other student association must submit the proof of events and other relevant information. They must also sign a declaration form. (Appendix 1 & 2) For special situation, student may request to speak to the Review Committee assistant to verbally describe the events or incident. After the report have been typed up, student must provide signature to verify the report accurately reflecting on the event or incident. Student, student government and other student association can only file complaints on an event or incident ONCE.|
|Article 12||If a complaint case presented to the Student Complain Review Committee is outside of the committee’s purview, the committee must send back with the decision notification with suggestion on how student, Student Government, and other student association may report the event or incident.|
After the Review Committee has received a Student Complaint case, a decision must be made within 20 days. The Review Committee may extend the decision making deadline once (per each case) due to special circumstances. The extension may not exceed 2 months. Cases related to suspension, withdrawal or related situation may not be extended.The Review Committee should notify the individual or group filing the complaint if the information is incomplete. The individual or group have up to 7 days to submit the missing document and the time spend resubmitting the Student Complain cases will count toward the 20 days limited for the Review Committee to make a decision.
If deemed necessary, the Student Complain Review Committee may form an investigation team between 3 to 5 people and visiting the physical location of the event or incident.Any sexual assault, sexual harassment, or sexual bullying cases should be referred to the Guideline for Equal Gender Education.
|Article 15||The individual or group who file the Student Complaint may withdraw their complaint any time before a decision has been made.|
During the time of a case review, if the related personnel file an appeal, administrative lawsuit or civil lawsuit cases, they must notify the Student Complaint Review Committee immediately. The Review Committee should stop the reviewing process immediately pending the case being closed. Once the appeal or lawsuit case is closed, the individual or group may notify the Review Committee to continue reviewing the case.
|Article 17||All Student Complain cases are reviewed by print documents. All meeting are closed to the public. The review committee may call upon the person or group filing the complaint, the case related department and other related personnel to the meeting for questioning.|
|Article 18||All Student Complaint cases should be reviewed under fairness and social equalities. All cases decision should be based on the related guideline in CMU. All decision made, votes, and personal information related to the cases should be confidential. The Student Complain Review Committee should provide support and counseling to the student if deemed necessary.|
|Article 19||If a student files a complaint against a suspension, or withdrawal case, the student may request CMU to postpone the suspension or withdrawal decision pending the Review Committee decision. When receiving such request, CMU officials must forward the request to the Review Committee for review and recommendation. CMU must respond to the request within one week with notification of the decision indicating related student rights and responsibilities. If the request is granted, student is permitted to retain his/her educational rights as a currently-enrolled student for the period of time except for claiming a graduate certificate or diploma when pending a Review Committee decision on suspension or withdraw cases is still pending.|
|Article 20||Review Committee decision must include: main subjects, facts, reasoning, etc. All cases rejected by the committee must be formed as a Review Committee decision with main subjects and reasoning.|
All decisions must be submitted to the case related office after approval from the CMU Chancellor. When submitting for Chancellor approval, the case related office must be notified with a copy. If the related office determines that the decision is in conflict with the guideline or policy of such office, CMU or other related organization, the office may provide further information to the Chancellor. After receiving the information, the Chancellor may decide to send the decision back to the Review Committee for further review. (Only once per case)Article 24 and Article 25 in this guideline details information on what to do when the person or group is unsatisfied with the Review Committee decision.
If the Review Committee decision is in favor of suspending or withdrawing the student, the following procedure must be taken:
|Article 23||If a student is unsatisfied with a decision made by the Review Committee regarding an administrative penalty case, the student may submit an appeal request through CMU to the Ministry of Education within 30 days after the decision has been made. When CMU receives such request, CMU must submit it as soon as possible with all related documents. If a student submits an appeal request directly to the Ministry of Education without filing a Student Complaint first, the request will be forwarded back to CMU for the Student Complaint Review Committee’s review. After a decision has been made by the Review Committee, the related documents and decision made should be forwarded to the Ministry of Education.|
|Article 24||For all other that are not administrative penalty case, student may call upon a law suit against the university if they are unsatisfied with the decision made.|
Advice and Support after appeal has been granted for an Administrative penalty case:
|Article 26||This guideline has been approved and undertaken by the Administrative committee of China Medical University under the approval of Ministry of Education. The same procedure will apply with any future changes made.|