Grievances

MJI’S grievance policy as described here specifies the rights of students and others, and has the primary purpose of protecting the entire MJI community. It is based on the premise that every student is responsible for their own behavior. To assure that the rights of the student are protected, the following due process procedure is to be followed:

All charges by or against students must be brought to the attention of the Dean of Academic Administration. If probable cause is found, an informal disciplinary conference, chaired by the Dean, is held with the affected parties. All efforts are to be made to resolve the conflict at this meeting.

If the matter is not resolved to the student’s satisfaction, the student has seven (7) days to appeal, in writing, to the President. The President has three (3) business days to convene a meeting of the affected parties and to hear the case. The President’s decision must be made in writing within seven (7) business days.

The student has the right to appeal the President’s decision directly to the MJI Board of Trustees (BOT). This must be done in writing. The BOT must render a decision within fourteen (14) business days of receipt of the student’s written request. Institutionally, all decisions of the BOT are final.

In addition to the grievance procedures described above, the student may contact the bodies governing the institution. The following is a list of the agencies directly responsible for oversight of MJI:

The Accrediting Council for Independent Colleges and Schools (ACICS)

750 First Street, NE, Suite 980, Washington, DC 20002-4241

Tel: (202) 336-6780, Fax: (202) 842-2593

Michigan Department of Education

Higher Education Services

P.O. Box 30008

Lansing, MI 48909

An arbitration procedure has been established to resolve any and all appeals of BOT decisions regarding student related grievances. The procedure provides the exclusive institutional measure by which grievance decisions may be reviewed by a neutral arbitrator not involved in any MJI decision making process.

The written demand for arbitration must be received by the President of MJI within 30 calendar days of the date of the BOT decision. A copy of the demand for arbitration must also be filed within the 30 calendar day period with The American Arbitration Association. The arbitrator will consider all of the claims specified in the written demand for arbitration and has the power to revoke any BOT decision inconsistent with or found to be contrary to, MJI rules, policies, or procedures. The costs of arbitration will be shared equally by both parties to a grievance. Either party may be represented by an attorney at any step and each is responsible for its own fees and expenses. Neither party shall be liable for the payment of expenses or fees charged to the other party by an attorney or other representative who assists the party or participates in any way.

The jurisdiction of the arbitrator shall be limited to the disciplinary matter. The arbitrator shall determine whether MJI’s action was lawful under applicable federal, state and local statutory and common law, and any contract which the arbitrator finds to exist. The arbitrator shall have no authority, however, to add to, detract from, change, amend or modify any law, catalog, rule, policy, procedure or contract in any respect. Nor shall the arbitrator have authority to consider or decide on matters which are the sole responsibility of MJI in the management and conduct of its schools and programs.

In reaching a decision, the arbitrator shall interpret, apply and be bound by any applicable MJI catalogs, rules, policies and procedures; any applicable federal, state or local law, and any contract which the arbitrator finds to exist. The arbitrator shall have no authority, however, to add to, detract from, change, amend or modify any law, handbook, rule, policy, procedure or contracts in any respect. Nor shall the arbitrator have authority to consider or decide on matters which are the sole responsibility of MJI in the management and conduct of its schools and programs.

A hearing shall be opened by: the filing of the oath/affirmation of the arbitrator, where required; by the recording of the place, time and date of the hearing and the presence of the arbitrator, the parties, and counsel, if any; and by the receipt by the arbitrator of the Demand and answer, if any, or the Submission. Exhibits may, when offered by either party, be received in evidence by the arbitrator. The names and addresses of all witnesses and exhibits in order received shall be made part of the record. The arbitrator may vary the normal procedure under which the initiating party first presents its claim, but in any case shall afford full and equal opportunity to all parties for the presentation of relevant proofs.

Either party may request that a transcript be made of the arbitration proceedings. The party requesting the transcript shall bear the full cost of the transcript, unless the other party also requests its own copy, in which event the parties shall divide the cost equally. The arbitrator shall receive a copy of the transcript if one is ordered by either party, but shall not provide any party with an original or copy of the transcript unless that party shares equally in the costs of obtaining the transcript.

The time limits contained herein may be extended only by the mutual written agreement of the parties. Failure to meet the time limits, or agreed upon extensions, for filing a request for review, electing arbitration or meeting to choose an arbitrator shall be deemed to be a binding agreement by the party to settle all of their claims in accordance with the latest decision of MJI and shall constitute a failure to exhaust the arbitration procedure.

The arbitration procedure is intended to be sole and exclusive remedy and forum for all complaints arising out of or relating to BOT decisions on grievances and the decision and award of the arbitrator is intended to be final and binding between the parties as to all claims which were or could have been raised at any step in the arbitration procedure. The decision and award of the arbitrator is also intended to be enforceable in any court of competent jurisdiction.

The parties shall have thirty (30) days from the receipt of the transcript or thirty (30) days from the close of the hearing if no transcript is ordered by either party, to submit a brief to the arbitrator. The arbitrator shall submit to the parties a written award signed by the arbitrator within sixty (60) days after the date the briefs are due. The award shall specify the elements of and basis for any monetary awards. The award shall be accompanied by a written opinion signed by the arbitrator which shall include findings of fact and where appropriate, conclusions of law.

Although MJI reserves the right to modify this arbitration procedure at any time, the arbitration procedure that is in place at any particular time is binding on both MJI and students, irrespective of any generally applicable disclaimers contained in any materials or other statement of MJI policy that may exist.