A. If a
student has a complaint against a licensee and exhausts all available grievance
procedures, including all appeals, established by the licensee, the student may
file a written complaint with the Board. The student shall ensure that the
complaint is filed within two years after the latest of the following. The date
on which the student:
1. Last attended the
licensee;
2. Completed the
licensee's grievance procedure, including all appeals; or
3. Is able to demonstrate that the licensee
failed to follow the licensee's grievance procedure.
B. A student who files a complaint under
subsection (A) shall:
1. Use a form that is
available from the Board,
2. Sign
the form and attest that all information provided is true and correct,
and
3. Attach to the form
documentation that supports the allegations on which the complaint is
based.
C. The Board
shall not accept an anonymous complaint. An individual, whether a student or
non-student, who files a complaint may request to remain anonymous to the
licensee if the individual believes the complaint may result in adverse action
towards the individual. The Board cannot, however, guarantee that disclosure of
the individual's identity will not occur in the process of honoring the
licensee's due process rights.
D.
The Board shall not accept a complaint regarding a grade dispute or the
licensee's employment practices or compliance with the Americans with
Disabilities Act.
C.
E.After the
complaint committee authorized under A.R.S. §
32-3052(D) reviews the complaint and the results of the
staff investigation of the complaint, the complaint committee shall take one of
the actions defined under A.R.S. §
32-3052(E).
1.
Determine that the student complaint needs further
investigation. 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
demonstrate that a violation of statute or rule occurred and recommend to the
Board that the complaint be dismissed; or
3.
Determine that the complaint demonstrates that a
violation 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 recommendation, 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.
F. If a
non-student has a complaint against a licensee, the non-student may file a
written complaint with the Board. The non-student complainant shall ensure that
the complaint is filed within one year from the date on which the event
prompting the complaint occurred.
G. Subsections (B) through (E) apply to
non-student complaints.
