Schools shall provide not less than the following:
(1)
- (A) Schools shall publish and adhere to a procedure for handling student complaints.
- (B) This procedure shall include use of written documentation that contains signatures of the appropriate school officials and the student as well as the date that each step of the complaint process was completed;
(2)
- (A) Schools shall post State Board of Private Career Education-provided information (Form 8000) so that students will be aware of the complaint process available to them through the board.
- (B) This information shall be posted in locations used and/or seen by all students on a regular basis;
- (3) The complaint shall be submitted in writing, on the forms provided by the board;
- (4) The complaint shall be filed within three hundred sixty-five (365) days of the alleged incident;
- (5) If a student filing a complaint has filed legal action against the school, the board staff shall wait until legal options have been exhausted before beginning the board-approved complaint process;
(6) If the school is currently licensed:
- (A) The board staff shall mail all correspondence to the school and the student by certified mail;
- (B) All responses from the school and student shall be due within ten (10) days of receipt of correspondence from the board staff;
- (C) At any time during the complaint process the board staff may attempt to seek an informal resolution of the complaint;
- (D) At any point during the complaint process, failure by the school to respond to the complaint will result in the issuance of a notice of hearing to appear before the board;
- (E) At any point during the complaint process if the board staff has not received additional correspondence from the student by the tenth (10th) calendar day after receipt of the response from the school, the school's response shall be considered accepted by the student and the complaint will be closed;
(F)
(i)
- (a) (a) The complaint shall be forwarded to the administrator of the school to submit a written response to the board staff.
- (b) (b) The school shall include a copy of the student’s contract, transcript, and any other relevant materials with their response to the complaint.
(ii)
- (a) (a) The board staff shall forward the school's response to the student for review.
- (b) (b) The student shall, if appropriate, provide a response to the information received from the school.
- (iii) The student's response shall be forwarded to the administrator of the school to submit a final written response to the board staff.
(iv)
- (a) (a) The school's response shall be forwarded to the student for review.
- (b) (b) The student shall notify the board in writing of acceptance of the response or to request arbitration if applicable.
(v)
- (a) (a) In some cases, the student or school can request the Arbitration Panel be convened.
- (b) (b) See 6 CAR § 364-105 for additional information;
- (7) If the school is located out of state and not currently licensed, every effort shall be made to have the complaint answered by school officials; and
- (8) If the school is closed, complaints shall not be accepted.