Campus Scenic Spring - Students work near statue

Student Complaint Process

In keeping with its mission and values, Utica University strives to resolve student complaints and grievances within the University using policies and procedures outlined in the University catalogs, the Student Handbook, the Student Code of Conduct, or other University procedures.

Though unfortunate, we recognize that there are times and circumstances that require students to file a formal complaint regarding a violation. The processes for filing various complaints may be accessed on this webpage.

PROCESSES FOR FILING A COMPLAINT AT THE UNIVERSITY

I wish to report ....

If you are a Utica University student and are a victim of or a witness to an incident of sexual or gender-based misconduct, we encourage you to make a report as soon as possible. Making a report is the best way to ensure the immediate safety of everyone involved.
If you are a Utica University student-athlete who has experienced gender-based discrimination, you are also encouraged to make a report.
To make a report of any of the situations described above, please use this form:

Incident Report Form

If you are a Utica University student who has experienced biased treatment from another member or members of our community, we encourage you to file a report.
Bias can be described as conduct that adversely and unfairly targets an individual or group based on social identity categories. It includes speech or other forms of expression intended to harass, threaten, cause fear of physical injury, or otherwise incite violence or other criminal action against an individual or group.
To learn more about what constitutes biased behavior, please visit: https://www.utica.edu/bias-incident-reporting
To file a bias complaint please access: https://utica.guardianconduct.com/incident-reporting, and select “Bias Incident” under Report Type.

Important Note: if you have experienced a hate crime, it should be immediately reported to the Office of Campus Safety at (315) 792-3094, or to the police.

Discrimination is conduct that involves inequitable treatment of a person based on that individual’s actual or perceived social identity(ies) that violate New York State’s Human Rights Law and other federal legislation. Discrimination occurs when a student is denied access to opportunities that are made available to others based solely on social identities (also called “protected classes” or “protected characteristics”) that are outlined in state and federal law.
If you are a Utica University student and are a victim of discrimination, you are encouraged to file a claim by accessing: https://utica.guardianconduct.com/incident-reporting, and select “Bias Incident” under Report Type.

If you have evidence of an unfair grade or grading practice, you may file an appeal to the Academic Standards Committee at https://www.utica.edu/forms/appeal//index.cfm

Utica University recognizes its obligation under Section 504 of the Rehabilitation Act of 1973 and the Americans with Disability Act of 1990 to provide reasonable accommodations for students with documented disabilities. Accommodations for students are determined on an individualized basis in a collaborative process between each student and the Office of Learning Services.
If there are accommodations that are not approved by the Office of Learning Services, a student may file a complaint with the Dean of Student Success (bjsamuel@utica.edu). This complaint must be made in writing, and the student should provide any evidence or documentation supporting this complaint.
The Dean of Student Success will respond to the student via Utica University email within 7 days of receiving the student’s written complaint. The student may or may not be asked to meet with the dean to discuss the complaint. If the dean concurs with the complaint, the student will work with the Office of Learning Services regarding adjustments to the accommodation letter. If the appeal is denied, the student may contact the University Provost (provost@utica.edu) with any additional information regarding their accommodation request.

Important Note: The availability and use of this grievance procedure does not prevent a person from filing a complaint of discrimination based on disability with the U.S. Department of Education, Office of Civil Rights: http://www.ed.gov/about/offices/list/ocr/complaintintro.html.

The Housing Accommodations Review team considers each request for specific housing and/or an emotional support animal (ESA). Students whose requests are denied will be notified via email by the Office of Learning Services.
A student whose request was denied should then meet with the Director or Assistant Director of the Office of Learning Services to discuss the denial decision and review alternative accommodation options to meet the student’s disability-related needs. The Director or Assistant Director will also advise the student of the right to appeal the decision and the procedures for that appeals process.
The student may appeal in writing via email to the Dean of Students (deanofstudents@utica.edu), in consultation, as warranted, with the Dean of Student Success. The appeal should include new information to support their request for the ESA.
If the appeal is approved, the Dean of Students will notify the student by email to the student’s Utica University email address within seven (7) business days of its determination.The email will advise the student of the approval decision and instruct the student to contact the Office of Learning Services to confirm an authorization date for the approved accommodation.
If the appeal is denied, the Dean of Students will notify the student by email to the student’s Utica University email address, within seven (7) business days of its determination. The email will advise the student of the denial decision and the reasons for the denial.

Important Note: ESA requests are governed by the Fair Housing Act. In New York State, the New York State Division of Human Rights accepts and investigates fair housing complaints: You can file online (or just learn more about the process) at https://dhr.ny.gov/complaint or by phone at 1-888-392-3644.

Utica University fully complies with the Family Education Rights and Privacy Act (FERPA) and its implementing regulations. FERPA is a federal law that limits the amount of information that can be released about students without their specific written permission. It is the responsibility of Utica University to protect student records. Faculty and staff are required to review and comply with FERPA. Maintaining confidentiality of student records is everyone’s responsibility at Utica.
If you have concerns or believe your rights under FERPA may have been violated, please follow the procedure outlined by the Office of the Registrar. You may file a complaint via this link: https://www.utica.edu/directory/registrar/ferpa-utica

An incident that adversely affects the members of the University community, interferes with the daily lives of local residents, and/or jeopardizes the University’s positive public relationship may be a violation of the Code of Conduct. Such violations may include both on and off campus incidents.
To file a complaint about a student conduct violation, complete an incident report form: https://www.utica.edu/student/conduct/Incident%20Report%20Form.pdf and submit to Campus Safety, a Student Living Staff Member, or the Director of Student Conduct and Community Standards.
To learn more about the student conduct code and the process related to violations, visit https://www.utica.edu/student-conduct

A student may file a grievance against a faculty or staff member to address matters including, but not limited to, professional conduct, safety, fairness, bullying, and unsatisfactory service.
To file such a complaint please access: https://utica.guardianconduct.com/incident-reporting, and select “Student Complaint Form” under Report Type.

ACADEMIC APPEALS

A student has the right to appeal charges of academic dishonesty, academic suspension or dismissal, dismissal from an academic program, and athletic eligibility. Appeals will be considered by the Academic Standards Committee only in the event of a documented extenuating circumstance.

To file such an appeal, visit https://www.utica.edu/academic/appeals.cfm

FILING A COMPLAINT OUTSIDE THE UNIVERSITY

Students may also file a complaint with outside agencies, including New York State Education Department, the Middle States Commission on Higher Education, and the Florida Commission for Independent Education. Links to the policies and procedures regarding complaints against the institution are listed below (under "Outside Agencies").

Students may also file a complaint with outside agencies:

Middle States Commission on Higher Education: https://www.msche.org/complaints/
New York State Education Department: https://www.nysed.gov/college-university-evaluation/complaints
Florida Commission for Independent Education: https://www.fldoe.org/policy/cie/student-concerns.stml

COMPLAINTS RELATED TO DISTANCE EDUCATION COURES, ACTIVITIES, AND OPERATIONS

Utica University operates its distance education programs under the approval of the National Council for State Authorization Reciprocity Agreements (NC-SARA). NC-SARA requires that an institution’s home state investigate and resolve allegations of dishonesty or fraudulent activity by the state’s SARA-participating institutions.

If a student enrolled in a SARA course or program has a concern or complaint about their educational experience, they have a right to file a complaint. The student should begin this process with Utica University.

Student complaints relating to consumer protection laws offered under the terms and conditions of the State Authorization Reciprocity Agreement (SARA), must first be filed with Utica University to seek resolution (https://www.utica.edu/student-complaint-process). The University will make every attempt to resolve the student concern in a fair and equitable manner.

If there is no resolution through Utica University's complaint process, then a complaint can be filed using the New York SARA Portal Entity (https://www.nysed.gov/college-university-evaluation/complaints). SARA policies do not cover complaints related to grades or conduct violations. Students have two years to submit a SARA related complaint: https://www.nc-sara.org/sara-student-complaints-0

A student seeking to file a SARA Complaint should follow the steps below.

File a complaint through Utica University using the process outlined on the University's Student Complaint page: (https://www.utica.edu/student-complaint-process)
If resolution is not found using Utica University's student complaint process, a complaint may be filed with the New York State Education Department (https://www.nysed.gov/college-university-evaluation/complaints). Complaints filed with the New York State Education Department are submitted through the New York State Portal Entity IHEauthorize@nysed.gov. The New York State Education Department's Supervisor of Higher Education Programs, Andrea Richards, may be contacted at 518-474-1551, IHEauthorize@nysed.gov, or New York State Education Department, 89 Washington Ave., Albany, NY 12234.