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Due Process and Grievance Procedures

Due Process and Grievance Procedures

Table of Contents

Detroit Institute of Gastronomy is committed to high standards and equitable treatment of all individuals associated with the institute. There are times, however, when conflicts, controversies or differences do arise between a student and an employee or agent of the institute. When a conflict occurs in matters other than alleged discrimination, sexual harassment, and employment questions, the institute has adopted a due process procedure which is designed to resolve the issue as quickly as possible while offering protection to all individuals involved in the conflict.

The institute further recognizes that many conflicts between a student and a member of the faculty or staff are the result of misunderstanding and poor communication. Thus, institute policy encourages people to work together to define their difference of opinion and seek a mutually satisfactory solution.

Students who are enrolled completely online may file complaints or grievances electronically. If the complaint or grievance involves an academic matter or non-academic matter, the student should email a complete description of the situation to the concierge or the Director of Hospitality. The concierge or the Director of Hospitality will initiate due process.

Academic Conflict Resolution #

Informal Due Process

If a student has a conflict with a faculty member or lab instructor relating to instructional matters or grading, the student should attempt resolution at the first level possible by conferencing with the following individuals in the order listed: Instructor, concierge, Director of Hospitality.

1. The student meets with the faculty member to attempt to resolve the conflict. If the conflict is resolved, no further action is necessary. Both parties should be certain that terms of the resolution are clearly understood. Notes of the understanding are appropriate.

Conferences with the instructor and concierge are informal steps in conflict resolution. When an institute official at the Director or higher level becomes involved, the process is more formalized, and written documents are utilized. 

2. The student or the faculty member has the option of pursuing the matter if the conflict is not resolved. Either may contact the concierge.

3. The concierge should meet with all parties, individually or as a group, to determine or clarify the major issue(s). The concierge will attempt to negotiate a mutually agreeable solution or will decide in favor of one of the parties.

4. If a solution that is satisfactory to both parties is reached, the matter will be considered resolved. If a satisfactory solution is not reached, either party may request that the matter be continued to formal due process. If the chairperson decides in favor of one of the parties, the other party shall have the right to carry the matter to the formal due process stage. If the matter is to be carried forward, concierge will have both the student and the faculty member complete the Unresolved Conflict Report Form. The concierge will complete the Due Process Report Form. It is the responsibility of the department chairperson to deliver completed forms to the appropriate supervisor for review, if due process continues. This delivery should take place within three working days. Copies of all completed forms should be filed with the Executive Director of Hospitality. The forms are available online in the academic portal. 

Formal Due Process  

  1. The concierge shall review the written reports submitted from the student, faculty member, and department chairperson. The concierge will interview at least the two original parties, either individually or together. The goal of the interview(s) will be to clarify issues and attempt to reach a mutually acceptable solution. The concierge may also decide in support of the position of either of the parties, based on the information provided. A decision must be made within three working days from the time of the last interview or group session. When a decision has been reached at this level, the concierge shall complete the Due Process Report Form and file that form with the Executive Director of Hospitality.
  2. If the conflict is not resolved by mediation or if either party does not agree with the decision made by the concierge, the conflict may be appealed to the Executive Director of Hospitality for Instruction. It shall be the responsibility of the concierge to deliver all completed forms to the Director within three working days, if due process continues. The concierge must also notify the Culinary Arts Program Director in writing of the continuation of due process.
  3. The Executive Director of Hospitality shall review the completed forms and shall interview at least the two original parties to the conflict. The Director may attempt to negotiate a solution between the parties or may make an administrative ruling in favor of one of the parties. After a solution has been reached or a decision made, the Director shall complete a Due Process Report Form. The completed form, along with all forms from previous levels of review will then be delivered to the Culinary Arts Program Director.
  4. If the conflict is not resolved to the satisfaction of both parties by the Director of Hospitality, either party may request a hearing by the Appeals Committee.

Appeals Committee   #

  1. The request for appeal to the committee should be made by the party wishing to appeal. The request must be made to the Executive Director of Hospitality. Written notice must be received by the Executive Director within five working days of the decision by the Vice President for Instruction.
  2. The Executive Director of Hospitality will convene the Appeals Committee within three working days of receipt of the written request.
  3. The Appeals Committee shall consist of:
    1. Two students selected by the Executive Director of Hospitality from the current student body. Each student must be enrolled for six or more semester hours and have a cumulative GPA of 2.0 or higher.
    2. One faculty member appointed from the ranks of full-time faculty.
    3. One professional staff member.
    4. The Executive Director of Hospitality, who will serve as non-voting chairman.
  1. The Appeals Committee shall examine the file of written statements prior to convening with the parties to the appeal in attendance. Attendance shall be limited to only those parties who have been directly involved in the earlier stages of due process. Third parties may not attend unless mutually agreeable to all parties from earlier stages. Both the student and faculty member will be allowed to present their position orally and may refer to written statements or informal notes made during the process. Other parties in attendance may address the committee only upon committee request.
  2. After hearing presentations from both parties to the conflict, the committee may ask for information from other parties directly involved or may request that either party provide additional information or data. When the committee has heard all reports and information, it will meet privately. The committee decision will be made by simple majority vote, with each committee member being entitled to one vote. The committee decision must be delivered in writing to both parties within five working days from the date of the committee meeting. Records of the committee proceedings will be maintained by the Executive Director of Hospitality.

 Notes

  1. Any of the involved parties has the right to add to their initial statements in response to negotiations at any or all levels of the informal or formal due process.
  2. Until the conflict is resolved, the student has a right to continue class attendance if the student’s presence is not disruptive, detrimental to safety, or impeding to the instructional environment, or as noted in item 3.
  3. If the conflict is related to a laboratory or clinical requirement in an external entity where the policy of the external entity calls for removal of the student, that removal will be enforced.
  4. Internal due process does not allow for participation of legal counsel. Should either party employ legal representation, he or she should understand that the internal due process may be terminated, leaving the courts as the recourse for conflict resolution.
  5. Failure of either party to comply with steps or deadlines, without just cause, will result in resolution of the conflict in favor of the other party.
  6. Determination of just cause will be made by the Executive Director of Hospitality.
  7. If either party involved in a conflict finds it necessary to request an extension of time, the request for extension must be made to the Executive Director of Hospitality. The Executive Director shall make the decision as to the granting of the extension.
  8. In all cases, when a mutually agreeable solution is reached, the mediator at that level is responsible for collecting all written materials and delivering those materials to the office of the Executive Director of Hospitality.

Culinary Director Review #

Decisions of the Appeals Committee may be appealed to Culinary Arts Program Director. Intention to appeal must be made in writing and must be received by Culinary Arts Program Director by the end of the fifth working day after the day of the decision of the Appeals Committee is received by the appealing party. Review by the Culinary Arts Program Director will be procedural only and may be based on the Culinary Arts Program Director’s review of the records of the committee proceedings, as maintained by the Executive Director of Hospitality.  Should one party be granted an audience with the Culinary Arts Program Director, the other party will be given a similar opportunity. The decision of the Culinary Arts Program Director will be dispatched in writing to all parties within five working days after receipt. 

Board Review   #

Decisions of the Culinary Arts Program Director may be appealed to the Soil2Service Board of Directors. Intention to appeal must be made in writing and must be received by the in the Soil2Service Inc. Board of Directors by the end of the fifth working day after the day of the decision of the Culinary Arts Program Director is received by the appealing party. Review by the Board will normally be procedural based only on review of the records of the committee proceedings received from the Culinary Arts Program Director. Should one party be granted an audience with the Board, the other party will be given a similar opportunity. The decision of the Board will be dispatched in writing to all parties within five working days after the review of the conflict is completed.

A decision by the Board of Directors is the final step in the institute due process.

Non-Academic, General Conflict Resolution #

The process specified herein is to be followed for a conflict, non-instructional in nature that may arise between a student and an employee of Detroit Institute of Gastronomy. If the conflict is based on acts that are perceived by the student as sexual harassment or discrimination based on race, sex, age, color, national origin, religion, or condition of disability, the student should immediately report the conflict to the Executive Director of Hospitality. Matters of this nature reported by a student shall be investigated by the Culinary Arts Program Director. The Executive Director of Hospitality shall report to the student on the status of the investigation within five working days after the date the complaint is brought to the attention of the Executive Director of Hospitality.

Conflicts related to a student’s employment should be resolved according to procedures in the academic conflict resolution section the Detroit Institute of Gastronomy catalog.

If a student has a conflict with a faculty member, apprenticeship site personnel, or any other Detroit Institute of Gastronomy staff member in an area not related to instruction or grading, that student should attempt resolution at the first level possible, with the first attempt being to contact the institute employee involved. If resolution is not possible, the student should conference with the following persons in the order listed: Supervisor of the employee, or Director of the work area, and the student’s concierge.

Conferences through the supervisor are informal.

Resolution of other conflicts between a student and an employee of Detroit Institute of Gastronomy should be accomplished as follows.

Informal Due Process

  1. The student should meet with the employee to attempt to resolve the conflict. If the conflict is resolved, no further action is necessary. Both parties should be certain that terms of the resolution are clearly understood. Notes of the understanding are appropriate.
  2. If the conflict is not resolved, either the student or the employee has the option of pursuing the matter by contacting the immediate supervisor of the employee involved. This contact should take place within five working days after the student and employee have met and attempted to solve the conflict.
  3. The supervisor will meet with both the student and the employee, either together or separately, based on the circumstances of the conflict. The supervisor may mediate the conflict, may dismiss the complaint as unfounded, or may decide in favor of either of the parties.
  4. Steps 2 and 3 may be repeated until such time the complaint reaches the Executive Director of Hospitality.

As in academic matters, once the dean or director becomes involved the process becomes formal and written documentation is required. At such time as an unresolved conflict is brought to a vice president, formal due process begins.

Formal Due Process

  1. When a complaint reaches the Executive Director of Hospitality, the Director shall have both the student and the employee complete the Unresolved Conflict Report Form. The Executive Director of Hospitality may also request information from institute employees who have had a role in earlier stages of the conflict resolution process. The Executive Director of Hospitality may then mediate the conflict, dismiss the complaint as unfounded, or decide in favor of either of the parties.  The Executive Director of Hospitality shall file a written report to include completed forms and a summary of action taken. This report shall be filed with the Culinary Arts Program Director within three working days after the Executive Director of Hospitality has decided. The Executive Director of Hospitality shall also provide written notice of the decision or resolution to both the student and the employee.
  2. Either party has the right to request a hearing by the Appeals Committee.

Appeals Committee #

In both academic and non-academic matters, both parties involved in a conflict resolution attempt have the right to appeal an institute official’s decision to the next administrative level. If a mutually acceptable resolution is not reached at the Executive Director of Hospitality level, an appeals committee is formed to hear both sides of the conflict.

Appeals Committee   #

  1. The request for appeal to the committee should be made by the party wishing to appeal. The request must be made to the Executive Director of Hospitality. Written notice must be received by the Executive Director within five working days of the decision by the Vice President for Instruction.
  2. The Executive Director of Hospitality will convene the Appeals Committee within three working days of receipt of the written request.
  3. The Appeals Committee shall consist of:
    1. Two students selected by the Executive Director of Hospitality from the current student body. Each student must be enrolled for six or more semester hours and have a cumulative GPA of 2.0 or higher.
    2. One faculty member appointed from the ranks of full-time faculty.
    3. One professional staff member.
    4. The Executive Director of Hospitality, who will serve as non-voting chairman.
  1. The Appeals Committee shall examine the file of written statements prior to convening with the parties to the appeal in attendance. Attendance shall be limited to only those parties who have been directly involved in the earlier stages of due process. Third parties may not attend unless mutually agreeable to all parties from earlier stages. Both the student and faculty member will be allowed to present their position orally and may refer to written statements or informal notes made during the process. Other parties in attendance may address the committee only upon committee request.
  2. After hearing presentations from both parties to the conflict, the committee may ask for information from other parties directly involved or may request that either party provide additional information or data. When the committee has heard all reports and information, it will meet privately. The committee decision will be made by simple majority vote, with each committee member being entitled to one vote. The committee decision must be delivered in writing to both parties within five working days from the date of the committee meeting. Records of the committee proceedings will be maintained by the Executive Director of Hospitality.

  Notes

  1. Any of the involved parties has the right to add to their initial statements in response to negotiations at any or all levels of the informal or formal due process.
  2. Until the conflict is resolved, the student has a right to continue class attendance if the student’s presence is not disruptive, detrimental to safety, or impeding to the instructional environment, or as noted in item 3.
  3. If the conflict is related to a laboratory or clinical requirement in an external entity where the policy of the external entity calls for removal of the student, that removal will be enforced.
  4. Internal due process does not allow for participation of legal counsel. Should either party employ legal representation, he or she should understand that the internal due process may be terminated, leaving the courts as the recourse for conflict resolution.
  5. Failure of either party to comply with steps or deadlines, without just cause, will result in resolution of the conflict in favor of the other party.
  6. Determination of just cause will be made by the Executive Director of Hospitality.
  7. If either party involved in a conflict finds it necessary to request an extension of time, the request for extension must be made to the Executive Director of Hospitality. The Executive Director shall make the decision as to the granting of the extension.
  8. In all cases, when a mutually agreeable solution is reached, the mediator at that level is responsible for collecting all written materials and delivering those materials to the office of the Executive Director of Hospitality.

Culinary Director Review #

Decisions of the Appeals Committee may be appealed to Culinary Arts Program Director. Intention to appeal must be made in writing and must be received by Culinary Arts Program Director by the end of the fifth working day after the day of the decision of the Appeals Committee is received by the appealing party. Review by the Culinary Arts Program Director will be procedural only and may be based on the Culinary Arts Program Director’s review of the records of the committee proceedings, as maintained by the Executive Director of Hospitality.  Should one party be granted an audience with the Culinary Arts Program Director, the other party will be given a similar opportunity. The decision of the Culinary Arts Program Director will be dispatched in writing to all parties within five working days after receipt. 

Board Review #

Decisions of the Culinary Arts Program Director may be appealed to the Soil2Service, Inc. Board of Directors. Intention to appeal must be made in writing and must be received by the in the Soil2Service, Inc. Board of Directors by the end of the fifth working day after the day of the decision of the Culinary Arts Program Director is received by the appealing party. Review by the Board will normally be procedural based only on review of the records of the committee proceedings received from the Culinary Arts Program Director. Should one party be granted an audience with the Board, the other party will be given a similar opportunity. The decision of the Board will be dispatched in writing to all parties within five working days after the review of the conflict is completed.

A decision by the Board of Directors is the final step in the institute due process.

Meditation and Arbitration #

If a conflict should arise or develop out of the student’s  enrollment and attendance at DIG, no matter what issues are involved in the dispute and how either the student or DIG might describe, state or plead the dispute, both the student and DIG agree that , if they cannot resolve the dispute through their adherence to the  catalog Due Process and Grievance procedures, they shall first make a good faith effort to resolve the dispute by participating in a meditation process with a neutral mediator.  The student and DIG further agree that if any dispute they have is not resolved, it shall be submitted to binding arbitration under the Federal Arbitration Act. The following terms will apply to the mediation and the arbitration:

a) The mediator shall be selected from a list of approved mediators maintained by a court or bar association situated in the same community as the campus of the DIG which the student is attending (the “Local Community”). The mediation will only involve the dispute between the student and the DIG and not the disputes or concerns of any other students (current or former). The DIG shall pay all the mediator’s fee.

b) If arbitration occurs, it shall be conducted at the convenient location within the Local Community, pursuant to the Commercial Arbitration Rules of the American Arbitration Association (AAA) by a single arbitrator selected from an AAA list in accordance with AAA selection rules.

c) The student may only present a claim in arbitration for his or her own dispute with DIG and may not present any claims of other student at DIG (current or former) or attempt to act as a representative of a group or class of other students (current or former) of DIG.

The student agrees that he or she may not, and will not, file any lawsuit against DIG concerning his or her claims or the claims of any other student or group or class of students of DIG (current or former) and that the student will not join as party in any lawsuit of any kind, including without limitation a class action, brought against DIG by one or more other students.

d) The student will be responsible for paying the portion of arbitration fees, arbitrator’s fees and facility fees (“Arbitration Costs”) equal to the current amount of a filing fee for initiation of a civil lawsuit in a court situated within the Local Community (“Civil Filing Fee”), and all amounts of Arbitration Costs in excess of the Civil Filing Fee shall be paid by the DIG.

e) If either student or DIG decides to hire a lawyer to provide assistance, then the party hiring the lawyer will be responsible for paying the lawyer’s fees.

f) All determinations to the scope and enforceability of this arbitration agreement shall be made by the arbitrator and not by a court.

g) The arbitrator’s award shall be final and binding on both parties and may be filed for enforcement by either the student or DIG in any court having jurisdiction.

Detroit Institute of Gastronomy and the student acknowledge that they are: (i) voluntarily and irrevocably elect arbitration as the remedy for any unresolved dispute they may have an (ii) waiving any rights they may have to bring a lawsuit in any state or federal court of competent jurisdiction and to have their dispute heard and decided by either a judge or jury.

DIG operates in accordance with standards established by the Michigan Department of Licensing and Regulatory Affairs. Students may file complaints with the State of Michigan at www.michigan.gov/lara/

In circumstances where controversies or differences seem not to be able to be adjusted locally or resolved in accordance with the establish catalog Due Process and Grievance procedures listed above, please contact:

ACFEF Apprenticeship Dept.,180 Center Place Way, St. Augustine, FL 32095, Email: apprenticeship@acfchefs.net, Phone: 800-624-9458

Distance Education Accrediting Commission (DEAC) – Complaint Website: Complaint Process (deac.org)

Detroit Institute of Gastronomy

  • 2211 Gratiot Avenue
    Detroit, Michigan 48207

  • 313-312-4025

  • Office Hours:
    Mon. – Sat. 9:00am – 5:00pm EST

  • concierge@dig.education

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Detroit Institute of Gastronomy is committed to a policy of non-discrimination. No person shall be excluded from participation in, denied benefits of, or be subject to discrimination under any program or activity sponsored or conducted by Detroit Institute of Gastronomy on any basis prohibited by applicable law, including, but not limited to race, color, creed, age, marital status, national or ethnic origin, religion, sex (including pregnancy and gender identity), sexual orientation, disability, political affiliation or belief, genetic information, status as a qualified disabled veteran or Vietnam era veteran or a person 40 years or older. Detroit Institute of Gastronomy will take affirmative action to provide equal opportunity and will operate the program as required under Title 29 CFR Part 30.

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