SECTION I PART T STUDENT COMPLAINT POLICY 1.00

SECTION I

PART T STUDENT COMPLAINT POLICY

1.00 Introduction

The role of the Colorado Commission on Higher Education, and the Colorado

Department of Higher Education acting as its staff, is to act as an ombudsman and advise

students on how to follow the policies and procedures for resolving complaints at the

institution where they are or were enrolled. In almost every instance, the institution where

the student is or was enrolled will determine appropriate action for both the student and

the institution. Such decisions by the institution are binding and most often are not

subject to further appeal to the Department. Institutions have sole authority over

complaints about grades and actions related to student conduct policies. This policy

applies to students at public and private institutions of higher education. This policy

mandates that each public and private institution define and implement complaint and

appeals processes to investigate student complaints and appeals in a fair and expeditious

manner. For both public and private institutions that elect to participate in the State

Authorization Reciprocity Agreement (SARA), the Department has authority to ensure

that participating public and private institutions follow policies and standards for online

students outside of Colorado, outlined below in Section 5.00.

2.00 Statutory Authority

Pursuant to Article 34, Title 24, C.R.S., complaints of discrimination based on race, color,

religion, creed, national origin, ancestry, sex, physical or mental disability, sexual

orientation (incl. transgender status), marital status, and retaliation for engaging in

protected activity should be filed with the Colorado Department of Regulatory Agencies

(DORA), Division of Civil Rights at www.dora.state.co.us/civil-rights. Also, in cases

where the student filing the complaint is also an employee of the institution of higher

education and the complaint involves the employer-employee relationship, this may

trigger state or federal Whistleblower legislation and will be referred to the Colorado

Attorney General’s Office and any appropriate federal agency. Similarly, if the student

complaint involves disclosures of fraud; violations of laws, regulations, or ethical

standards; or misuse of funds in the context of a college- or university- administered

federal grant, this may also trigger federal Whistleblower legislation and the Department

may report this violation to the grantor.

2.01 Public Institutions of Higher Education

Several sections in statute outline how the public higher education system should

be designed to function for the benefit of students who are residents of Colorado.

These statutory requirements include (but are not limited to) ensuring that the

design of degree programs offer the maximum range of opportunities and

assistance to students to complete their courses of study and obtain their degrees

in a reasonable amount of time [§23-1-108(13) C.R.S.]; ensuring fair policies for

students who transfer coursework between degree programs or between public

institutions [§23-5-122 C.R.S.]; and ensuring the requirements in the Student Bill

of Rights [§23-1-125 C.R.S.].

Colorado public institutions that choose to participate in SARA and are offering

online education to residents of other states are held accountable to SARA

requirements and those complaints are subject to investigation by the Department

[§23-2-103.1(4)]. In the case of SARA related student complaints, final

resolution rests with the state for purposes of adjudication and enforcement. The

requirements of SARA are listed in section 5.00.

2.02 Private Institutions of Higher Education

In the case of non-public institutions, the Department is authorized to investigate

complaints based on claims of deceptive trade practice as described in §23-2-

104(4) C.R.S. and listed in Section 4.05 below. The Department shall not have

authority to consider complaints that infringe on the academic freedom, religious

freedom, or question the curriculum content of a private college or university,

religious training institutions, or seminary, except where the state has that

authority, such as with educator preparation programs (§23-1-121, C.R.S.) and

voluntary participation in gtPathways [§23-1-125(5), C.R.S.].

Private institutions that choose to participate in SARA and whose main campus

or accredited, degree-granting authority is located in Colorado and offer online

education to residents of other states are held accountable to SARA requirements

and those complaints are subject to investigation by the Department [§23-2-

103.1(4)]. In the case of SARA related student complaints, final resolution rests

with the state for purposes of adjudication and enforcement. The requirements of

SARA are listed in section 5.00.

3.00 Out-of-State Institutions of Higher Education

3.01 Colorado Revised Statutes contains language for student grievances at

those colleges and universities authorized to operate in Colorado. For

Colorado residents who are attending an out-of-state institution and are

enrolled in an online course or program, there is no specific language. If

the online student has an issue with their institution, and the institution is

neither located in Colorado nor participates in SARA (https://www.nc-

sara.org/directory), the student is encouraged to first work with the

institution and utilize the formal grievance/complaint process found in the

institution’s student handbook.

3.02 If the issue is not addressed after filing a formal complaint with the

institution, the student should locate the institution’s home state. The

home state’s higher education agency should be listed in the school’s

catalog. If it is not, students may use the State Authorization Guide to find

the institution’s home state and the home state’s higher education agency’s

contact information and reach out to that agency to attempt to resolve the

complaint

3.03 The student may file a complaint with the Colorado Department of Higher

Education. Out-of-state, online institutions are not listed on the Colorado

Department of Higher Education website so students are encouraged to

submit a comment to the “send us a comment” section of the website.

Please include the name of the student, institution name, and the issue or

complaint. Colorado Department of Higher Education staff will work with

the student and the appropriate higher education agency to seek resolution

of the complaint.

4.00 Goals and Definitions

4.01 The goal of the Commission’s Student Complaint Policy for students in public

institutions of higher education is to help students understand their rights under

Colorado law described in section 2.01 and to advise students on how to follow

their institution’s policies and procedures.

4.02 The goal of the Commission’s Student Complaint Policy for students in private

institutions of higher education is to help students understand their rights under

Colorado law described in section 2.02, to advise students on how to follow their

institution’s policies and procedures, and to uphold statutory goals that prohibit

deceptive trade practice.

4.03 Terminology

4.03.01 The “Commission” means the Colorado Commission on Higher

Education.

4.03.02 The “Department” means the Colorado Department of Higher

Education, which acts as the staff for the Commission.

4.03.03 “Ombudsman” means a person who advises and attempts to help

resolve complaints and problems, as between students and a

university.

4.03.04 The “Institution” means the public, private non-profit, or private for-

profit college or university where the student is or was enrolled.

4.03.05 A “student complaint” is a grievance filed in writing or online at an

institution of higher education, according to the policies of the

institution of higher education where the student is or was enrolled,

or at the Colorado Department of Higher Education. A givable

offense is any alleged action which violates one of the requirements

in sections 2.01 and 2.02 of this policy. It should be noted that for

complaints that do not involve one of the statutes described in

sections 2.01 and 2.02, in almost every instance the institution where

the student is enrolled will determine appropriate action for both the

student and the institution. Such decisions by the institution are

binding and most often are not subject to further appeal to the

Commission.

4.03.06 A “whistleblower” is a person, usually an employee in a government

agency or private enterprise, who makes a report to the public or to

those in authority, of mismanagement, corruption, illegality, or some

other wrongdoing.

4.03.07 State Authorization and Reciprocity Agreement (SARA) is an

interstate agreement governing distance education laws for both

public and private colleges and is administered through the

Western Interstate Commission for Higher Education. For more

information, see http://www.wiche.edu/sara/.

5.00 Responsibilities Pertaining to Student Complaints

5.01 Responsibilities of the Student

5.01.01 To follow the institution’s complaints and appeals procedures

within the institution’s required timeframe first and exhaust all

opportunities for resolution at the institution. In the case of private

institutions, “If a former student files a complaint, he or she must

do so within two years after discontinuing enrollment at the

institution,” per 23-2- 104(2)(a), C.R.S.

5.01.02 After exhausting all opportunities for resolution at the institution,

to file a written complaint with the Department online at

http://highered.colorado.gov/Academics/Complaints/default.html

or via US mail or e-mail and describes:

(a) the basis for the complaint;

(b) the institution’s complaints and appeals process that was

followed; and (c) the institution’s final decision (including copies

of documentation); and (d) the desired resolution.

5.01.03 To give the Department written permission to communicate with

the institution regarding the complaint, as well as written

permission to review any personally-identifiable student education

records which may pertain to the subject of the complaint.

5.01.04 To be clear about what the complaint is and what resolution

is sought.

5.01.05 To provide the Department with all requested documentation.

5.02 Responsibilities of the Department

5.02.01 To advise students on how to follow the policies and procedures

for resolving complaints at the institution where they are or were

enrolled.

5.02.02 To help students understand their rights under Colorado law.

5.02.03 To modify state policies and request that institutions review, and

if necessary, modify their policies to try and prevent student

problems.

5.02.04 To publicize its complaint policy and to promote the

publication of all institutions’ complaint and appeal

policies.

5.03 Responsibilities of the Governing Board of a Public Institution of

Higher Education

5.03.01 To ensure that its institution(s) complies with state law and

policy regarding appeals, including the intent for students to

have a timely and fair hearing.

5.03.02 To adopt student complaint and appeal procedures for

its institution(s).

5.04 Responsibilities of the Public Institution of Higher Education

5.04.01 To investigate student complaints in a timely and unbiased manner.

5.04.02 To publish its complaint and appeal procedures in prominent

student publications, including, but not limited to the course

catalog, student handbook, and its website.

5.05 Responsibilities of the Private Institution of Higher Education

5.05.01 To investigate student complaints or appeals in a timely and

unbiased manner.

5.05.02 To investigate student complaints filed with the Department that

allege an institution violated one of the requirements set forth in

section 2.02 of this policy. Pursuant to §23-2-104(4), C.R.S. it is

deceptive trade practice for:

An institution or agent to make or cause to be made any statement

or representation, oral, written, or visual, in connection with the

offering of educational services if the institution or agent knows or

reasonably should have known the statement or representation to

be materially false, substantially inaccurate or materially

misleading;

An institution or agent to represent falsely or to deceptively

conceal, directly or by implication, through the use of a trade or

business name the fact that an institution is a school;

An institution or agent to adopt a name, trade name, or

trademark that represents falsely, directly or by implication, the

quality, scope, nature, size, or integrity of the institution or its

educational services;

An institution or agent to intentionally and materially represent

falsely, directly or by implication, that student who successfully

completes a course or program of instruction may transfer the

credits earned to any institution of higher education;

An institution or agent to intentionally and materially represent

falsely, directly or by implication, in its advertising or

promotional materials or in any other manner, the size, location,

facilities, or equipment of the institution, the number or

educational experience qualifications of its faculty, the extent or

nature of any accreditation received from any accrediting agency

or association;

An institution or agent to provide prospective students with any

testimonials, endorsements, or other information that may

materially mislead or deceive prospective students or the public

regarding current practices of the institution;

An agent representing an out-of-state school to represent, directly

or by implication, that the school is authorized by the state of

Colorado or approved or accredited by an accrediting agency or

body when the institution has not been authorized, approved or

accredited; and

An institution to designate or refer to its sales representatives by

titles that imply the sales representatives have training in academic

counseling or advising if they do not.

5.05.03 To investigate complaints violating the requirements set forth in

section 6.00 of this policy, for the purposes of SARA.

5.05.04 To publish its complaint and appeal procedures, where to

file a complaint with the Colorado Department of Higher

Education, contact information for the institution’s

accrediting agency in prominent student publications,

including, but not limited to the course catalog, student

handbook, and on its website.

6.00 State Authorization and Reciprocity Agreement (SARA) Requirements

6.01 Consumer protection under SARA means that the home state and any other

necessary parties will investigate and resolve claims of any dishonest or

fraudulent activity by any provider, including giving false or misleading

information to a student. Consumer protection also includes investigating and

resolving complaints that an institution is operating a course or program

contrary to practices as set forth in the Interregional Guidelines for the

Evaluation of Distance Education (C-RAC) guidelines in such a way that a

student is harmed. Examples of issues that may arise include, but are not

limited to:

6.01.01 Veracity of recruitment and marketing materials;

6.01.02 Accuracy of job placement data;

6.01.03 Accuracy of information about tuition, fees and financial aid;

6.01.04 Complete and correct admission requirements for courses and

programs;

6.01.05 Accuracy of information about whether course work meets

professional licensing requirements, in SARA Policies and

Standards;

6.01.06 Operation of distance education programs consistent with practices

expected by institutional and, if applicable, programmatic accreditors,

and the C-RAC guidelines for distance education.

6.02 Specifically, the C-RAC guidelines to which participating public and

private institutions will be held accountable include:

6.02.01 Online learning is appropriate to the institution’s mission and

purposes.

6.02.02 The institution’s plans for developing, sustaining, and, if appropriate,

expanding online learning offerings are integrated into its regular

planning and evaluation processes;

6.02.03 Online learning is incorporated into the institution’s systems of

governance and academic oversight;

6.02.04 Curricula for the institution’s online learning offerings are coherent,

cohesive, and comparable in academic rigor to programs offered in

traditional instructional formats;

6.02.05 The institution evaluates the effectiveness of its online learning

offerings, including the extent to which the online learning goals are

achieved, and uses the results of its evaluations to enhance the

attainment of the goals;

6.02.06 Faculty responsible for delivering the online learning curricula and

evaluating the students’ success in achieving the online learning

goals are appropriately qualified and effectively supported;

6.02.07 The institution provides effective student and academic services to

support students enrolled in online learning offerings;

6.02.08 The institution provides sufficient resources to support and, if

appropriate, expand its online learning offerings; and

6.02.09 The institution assures the integrity of its online offerings.

HISTORY: CCHE Agenda Item II, A - November 1, 2012;

CCHE Agenda Item III, A - July 25, 2013;

CCHE Agenda Item V, C - March 14, 2014;

CCHE Agenda Item III, H - April 11, 2014

CCHE Agenda Item V, A - December 5, 2019