Rule 24:40:13:17 Grievance procedures.
24:40:13:17. Grievance procedures. The student shall be permitted to bring a grievance to challenge
institutional actions involving the determination of eligibility to participate
in the program or of compliance with program requirements. Grievances shall be
limited to alleged violation, misinterpretation, or misapplication of specific
terms or conditions of the laws or rules that govern the program, to be
arbitrary or capricious or to discriminate on a basis proscribed under law.
(1) Participating institutions
shall establish procedures to adjust grievances permitted under this section;
(2) Students may appeal
institutional decisions to the board, which, at its discretion, may accept the
grievance and conduct its own review or refer the grievance to an independent
hearing examiner for review and recommendations concerning the proper
resolution of disputed legal or factual matters as provided under the contested
case provisions of SDCL chapter 1-26;
institutions shall comply with any order issued to resolve a student grievance,
subject to the exercise of the right to appeal from the board's resolution of
the grievance as provided under law;
institutions shall be responsible for all costs for hearing examiners retained
by the board to review such grievances or related expenses reasonably incurred
for such reviews.
30 SDR 211, effective July 7, 2004.
General Authority: SDCL 13-55-36.
Implemented: SDCL 13-55-30.
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