Section R4-39-403. Student Complaint Procedures

A.      If a student has a complaint against a licensed institution or program and exhausts all available grievance procedures established by the institution, the student may file a written complaint with the Board. A complaint must be filed within three years of the student’s last date of attendance.

B.       The Board’s staff shall investigate the complaint. Upon com- pletion of Board staff’s investigation, the complaint shall be referred to the Complaint Committee for a review and recom- mendation to the Board.

C.      After a review of the student complaint, the Complaint Com- mittee shall:

1.        Determine that the student complaint needs further inves- tigation. Based upon the outcome of the investigation, the complaint may be re-heard by the Complaint Committee or referred to the Board;

2.        Determine that the student complaint does not demon- strate that a violation of statute or rule occurred and rec- ommend to the Board that the complaint be dismissed; or

3.        Determine that the complaint demonstrates that a viola- tion of statute or rule occurred and send a report of its findings and recommendation to the Board.

D.      Upon receipt of the Complaint Committee’s findings and rec- ommendation, the Board shall affirm, reverse, adopt, modify, supplement, amend, or reject the report, in whole or in part, and determine there are reasonable grounds that the complaint demonstrates a violation of Board statutes and rules.

E.       If the Board determines there are reasonable grounds to believe that the complaint demonstrates a violation of Board statute or rules, the Board shall set the matter for hearing under

A.R.S. § 41-1092 et seq.

Historical Note

Adopted effective May 21, 1985 (Supp. 85-3). Amended by final rulemaking at 6 A.A.R. 1129, effective March 7, 2000 (Supp. 00-1).