40.6.0 Consumer Complaint Procedure
40.6.1 Local Procedures
Any person who believes they have been aggrieved by the College may file a complaint with the Vice President for Student Affairs/Dean of Students within ninety (90) days of the alleged occurrence or event giving rise to the grievance. Complaints may be made in person, by telephone or in writing. The complainant will be asked to discuss their problem with a responsible College representative, one who may best be able to resolve the concern(s). Students are also reminded of specific procedures for filing academic complaints or allegations of sexual harassment found in section 20.2.
In response to a written complaint, the College shall investigate the allegations and respond to the grievant in a timely manner. The College may contact the grievant for further information or clarification of the complaint should the need arise. The complaint may be referred to a responsible campus official for resolution. Any final determination of a formal complaint will be made by an individual not directly involved in the alleged problem.
No adverse action will be taken by the College against the student or other complainant.
The College will retain a written record of the complaint and its resolution or disposition, including appropriate documentation, for a period of six years. Such file shall be retained by the Office of the Vice President for Student Affairs/Dean of Students.
A grievant who so wishes may file a formal written complaint with the State Education Department in accordance with their guidelines. Guidelines are found within the College Catalog and in section 40.6.3 of this Handbook. An official complaint form and guidelines are available in the Office of the Vice President for Student Affairs/Dean of Students.
40.6.2 State Education Department Procedures
Section 494C(j) of the Higher Education Act of 1965, as amended, provides that a student, faculty member or any other person who believes they have been aggrieved by an institution of higher education has the right to file a written complaint.
In New York State, a complaint may be filed by any person with reason to believe that an institution has acted contrary to its published standards or that conditions at the institution appear to jeopardize the quality of the institution’s instructional programs or the general welfare of its students. Any person who believes they have been aggrieved by an institution may file a written complaint with the Department within five years of the alleged incident.
40.6.3 How to File a Complaint
For all types of complaints concerning colleges and universities in New York State, the first course of action must be to try to resolve the complaint directly with the administration of the college or university involved. The Office of College and University Evaluation will not review a complaint until all grievance procedures at the institution have been followed and all avenues of appeal exhausted and documentation provided that such procedures have been exhausted. Please note: every New York State college and university is required to establish, publish, and enforce explicit policies related to redress of grievances.
Please do not send a complaint to the Office of College and University Evaluation until you have read all of the information below. This will assure that you are sending your complaint to the appropriate agency/office.
The Office of College and University Evaluation handles only those complaints that concern educational programs or practices of degree-granting institutions subject to the Regulations of the Commissioner of Education, with the exceptions noted below.
- The Office does not handle anonymous complaints.
- The Office of College and University Evaluation does not intervene in matters concerning an individual’s grades or examination results, as these are the prerogative of the college’s faculty.
- The Office does not handle complaints concerning actions that occurred more than five years ago.
- The Office does not intervene in matters that are or have been in litigation.
- Complaints concerning programs in fields leading to professional licensure (e.g., nursing) should be directed to:
Office of the Professions
Professional Educ. Program Review
Education Building, 2 West
Albany, NY 12234
- A complaint against a college in the State University system should be sent to:
State University of New York
Central Administration
State University Plaza
Albany, NY 12246
- A complaint involving discrimination against enrolled students on the part of an institution or faculty, or involving sexual harassment, should be filed with the U.S. Office for Civil Rights:
Office for Civil Rights - New York State
U.S. Department of Education
32 Old Slip, 26th Floor
New York, NY 10005-2500
Telephone: 646-428-3900
Fax: 646-428-3843; TDD: 877-521-2172
OCR.NewYork@ed.gov
- A complaint of consumer fraud on the part of the institution should be directed to: the Office of the New York State Attorney General:
Office of the New York State Attorney General
Justice Building
Empire State Plaza
Albany, NY 12223
- The Office of College and University Evaluation does not intervene in matters concerning an individual’s grades or examination results, as these are the prerogative of the college’s faculty.
- The Office does not handle complaints concerning actions that occurred more than five years ago.
- The Office does not intervene in matters that are or have been in litigation.
- For a complaint about state student financial aid matters, contact the Higher Education Services Corporation (HESC) Customer Communications Center at 1-888-NYS-HESC.
Complainants should be aware that the Office of College and University Evaluation does not conduct a judicial investigation and has no legal authority to require a college or university to comply with a complainant’s request.
If your complaint does not fall into one of the exceptions noted above, you may complete a complaint form or contact the Office of College and University Evaluation:
Office of College and University Evaluation
New York State Education Department
Education Building, 5 North Mezzanine
89 Washington Avenue
Albany, New York 12234
Official complaint forms and guidelines are also available in the Office of the Vice President for Student Affairs/Dean of Students.
40.6.4 Complaint Resolution
Some complaints may fall within the jurisdiction of an agency or organization other than the State Education Department. These complaints will be referred to the entity with appropriate jurisdiction. When a complaint concerns a matter that falls solely within the jurisdiction of the institution of higher education, the complainant will be notified and the department will refer the complainant to the institution in question and request that the matter receive a review and response.
Upon conclusion of the Department’s complaint review or upon a disposition of the complaint by referral to another agency or organization, or to the institution of higher education, the Department will issue a written notice to the complainant describing the resolution of the complaint. The complainant may contact the Department evaluator directly for follow-up information or for additional assistance.