Academic Appeals Policy
Appeals
Regarding Academic Dishonesty
When a faculty
member has alleged that a student has performed an act of academic dishonesty
and has penalized the student for the act, the student has a right to
contest the allegations and/or the penalty. In such cases, the faculty
member assumes the burden of proof and shall provide evidence in support
of the charge that an instance of academic dishonesty has occurred.
Procedure
The student
shall make every effort to resolve the dispute by consulting with the
faculty member.
If the student
believes the dispute has not been resolved by consultation, the student
shall consult with the department chair, coordinator, or other appropriate
administrator having immediate supervision of the faculty member. It is
recommended that the department chair, coordinator, or other appropriate
administrator maintain a written record of such consultation and/or its
results. Failing here, the student shall consult with the dean of the
school concerned.
If the student
is not satisfied with the consultation process, the student may appeal
in writing to the Academic Appeals Board. The request for hearing shall
state with specificity the dispute and the remedy requested, and it shall
be filed with the Coordinator of Academic Appeals.
The Board shall
consider the request, and if the majority believes that the request contains
allegations requiring further investigation, the Board shall notify the
student and faculty member(s) involved in writing.
The Board notice
shall request that both parties submit such documents as the parties believe
to be relevant and answer any questions that the Board may ask.
After consideration
of the documents submitted by the parties, the Board shall decide either
to hold a hearing or to render a summary judgment.
Notice of hearing
or summary judgment shall be in writing to both parties and shall state
the ground(s) for Board action.
If the Board
issues a notice of hearing, the notice shall state the time and place
of the hearing.
The hearing
shall be closed to the public. Either party may be represented by a person
from the university community. If either party is being represented at
the hearing, that party shall notify the Board in writing of the name
and address of the representative at least ten calendar days prior to
the hearing. At its discretion the Board may hear each party separately
unless either party requests a confrontation.
At the hearing,
the Board shall receive all evidence and testimony of a type responsible
parties are accustomed to relying upon in the normal course of university
business.
After the hearing,
the Board shall decide whether sufficient evidence exists to establish
the guilt of the student and, if the Board finds that academic dishonesty
occurred, whether the penalty was appropriate under the circumstances.
If the Board finds the charges could not be sustained, the Board’s
case file shall be purged. The Board shall notify both parties of its
decision in writing.
The Board’s
decision regarding both academic dishonesty and the penalty is final and
binding upon both parties.
If, in the
opinion of the Board, cases are related, the Board may hear and decide
cases consolidated by Board action. The Board shall notify all parties
of the consolidation.
Appeals
Regarding Capricious or Arbitrary Assignment of a Grade
A student who
alleges capricious or prejudicial treatment by a faculty member or university
administrator in the assignment of a course grade has a right to file
an appeal of that course grade. In such cases the student assumes the
burden of proof and shall provide evidence in support of the charge that
an instance of arbitrary or capricious assignment of a grade has occurred.
The normal exercise of professional judgment by a faculty member shall
not be considered evidence that supports a charge of an arbitrary assignment
of a grade by that faculty member.
Procedure
01. The student
shall consult with the faculty member.
02. If the
student is not satisfied with the appeal to the faculty member, the student
shall consult with the department chair, coordinator, or other appropriate
administrator having immediate supervision of the faculty member. It is
recommended that the department chair, coordinator, or other appropriate
administrator maintain a written record of such consultation and/or its
results. Failing here, the student shall consult with the dean of the
school concerned.
In the exceptional
case of a grade assigned by a faculty member who is no longer employed
by the university, and refuses to (or cannot) be consulted or who is on
full-time leave and refuses to be consulted or cannot be consulted, the
department chair shall assume responsibility for initiating grade changes
he/she deems to be justified. The department chair shall consult with
an ad hoc faculty committee established by the department in fulfilling
this responsibility. In addition, the department chair shall provide the
ad hoc committee with certification of a "good faith" effort
to consult with the faculty member named in the appeal whenever such consultation
is possible and appropriate.
03. If the
student is not satisfied with the consultation process, the student may
appeal in writing to the Academic Appeals Board.
04. The student’s
written appeal shall state specifically the nature of the allegations
and the remedy requested. This appeal shall be filed with the Coordinator
of Academic Appeals. The Coordinator shall provide the faculty member
(department chair if the faculty member refuses to or cannot be consulted)
with a copy of the appeal. The faculty member (or department chair if
the faculty member refuses to or cannot be consulted) shall within three
calendar weeks during which state supported classes are in session provide
the Academic Appeals Board with a written response to the student’s
allegations.
The Coordinator
shall provide within one academic month relevant written materials to
all parties in the dispute and shall serve as an informal mediator. If
the Coordinator cannot mediate the complaint to the satisfaction of the
parties, the Board shall formally consider the complaint.
05. If the
Board believes that sufficient evidence has been presented to merit further
investigation, it shall notify both parties that an investigation will
be conducted. Both parties shall then submit any relevant documents and
answer any questions the Board may ask. After the investigation, the Board
shall decide whether to dismiss the appeal or to proceed to a hearing.
This decision shall be in writing to both parties and shall state the
ground(s) for Board action.
06. If the
Board issues a notice of hearing, the notice shall state the time and
place of the hearing. The hearing shall be closed to the public. Either
party may choose a representative from the university community. Neither
the Coordinator nor any member of the Academic Appeals Board may represent
either party. If either party is being represented at the hearing, that
party shall notify the Board in writing of the name and address of the
representative at least ten calendar days prior to hearing. Except for
the party or parties, a representative of each party, the Board members,
and the Coordinator, no one else shall be present at the hearing. Any
exception to this restriction shall be at the discretion of the Academic
Appeals Board. At its discretion the Board may hear each party separately
unless either party requests a confrontation.
07. The Board
shall receive all evidence and testimony at the hearing of a type responsible
parties are accustomed to relying upon in the normal course of university
business.
08. After the
hearing, the Board shall decide whether sufficient evidence exists to
establish that the grade was assigned in an arbitrary or capricious manner.
09. If the
Board decides that the grade was not assigned in an arbitrary or capricious
manner, then it shall so notify both parties in writing of its findings
and rationale.
10. If the
Board decides that the grade was assigned in an arbitrary or capricious
manner, then it shall so notify both parties in writing of its findings
and the rationale. This notice shall contain a recommended remedy. The
Board has the authority to fashion a remedy to provide an equitable solution
to the case. This recommended remedy could be a specific grade change
or that the proper grade be determined by a departmental ad hoc committee.
11. Within
ten calendar days of receipt of the Board’s notice of decision and
recommended remedy, the faculty member shall adopt the remedy as his/her
own.
12. If the
faculty member refuses to adopt the recommended remedy or has refused
consultation in the academic appeals process, or if the Board’s recommendation
does not specify a particular grade as the one to be assigned, the matter
shall be referred to an ad hoc committee to be established by the department.
13. The ad
hoc department committee shall have the authority to carry out those duties
assigned to it by the Board, including the final and binding assignment
of a grade. The committee must provide a written rationale explaining
the bases for its decision. Such rationale shall become part of the permanent
record of the appeal.
14. In the
event the ad hoc committee recommends a remedy different from the Academic
Appeals Board’s recommendation, the Academic Appeals Board shall
review the matter further. The Board shall then make the final determination,
which may include directing the University Registrar to implement the
final decision of the Academic Appeals Board.
Timing
of Appeals Process
The student
must initiate either appeals process by contacting the faculty member
and/or the department chair within one academic month after he/she could
reasonably be expected to become aware of the action in question. The
appeals process shall be concluded within six months from the date on
which the student submits his/her formal written appeal to the Coordinator
of Academic Appeals and the Vice President of Student Affairs. The formal
written appeal must be submitted within two calendar months during which
state-supported classes are in session after the student initiates the
appeals process.
Coordinator
of Academic Appeals
The Coordinator
of Academic Appeals shall be chosen by the Vice President for Academic
Affairs and the Executive Committee of the Academic Senate shall have
a consultative role in the making of that appointment. The duties of the
Coordinator shall include:
Maintaining
a record of all academic appeals and each September providing to the President
and the Academic Senate a written report listing the number of appeal
cases heard and the disposition of each case during the previous academic
year;
Coordinating
the Academic Appeals Board by convening the Board, providing them with
the appropriate background information, scheduling all necessary meetings,
hearings, and witnesses;
Interpreting
university policy to students concerning grading procedures and students’
rights and responsibilities.
Interviewing
students and faculty involved in appeals complaints and discussing the
problems with department chairs and school deans as necessary, informally
mediating the appeals where possible;
Insuring the
confidentiality of all subject matter and that the rights of all parties
are protected;
Exhibiting
neutrality in this process and being a facilitator rather than an advocate
for either side; and
Making recommendations
to the Academic Appeals Board and to the appropriate Academic Senate committee
when changes in university policy appear to be necessary.
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