Graduate School Academic Grievance Procedure
The Graduate School follows the procedures for academic grievance as published in the University governance document, The Redbook, Chapter 6, Article 8. This policy is stated below. Any student considering filing such a grievance is advised to consult with the Graduate School Student Advocate for advice and information. The Graduate School Academic Grievance Committee is the committee of original jurisdiction for issues involving graduate students enrolled for graduate credit.
Section 1: Introduction
This procedure is designed to provide fair means of dealing with student complaints regarding a specific action or decision made by the faculty or a faculty member. "Students who believe they have been treated unfairly, discriminated against, or have had their rights abridged may initiate a grievance" (The Redbook, Section 6.8.1).
The Graduate School Academic Grievance Committee has the power to hear all grievances of graduate students involving academic matters other than substantive grade appeals. "Academic matters are defined as those concerning instructional activities, research activities, activities closely related to either of these functions, or decisions involving instruction or affecting academic freedom" (The Redbook, Section 6.8.3). Because the "authority for the determination of grades in any course shall rest with the faculty of the academic unit offering the course" (The Redbook, Section 6.6.2), appeals over individual grades must be made to the faculty member, department chair, and/or dean of the academic department in which the course is offered. Grievance over grades can only be filed by students who "believe they have been treated unfairly, discriminated against, or have had their rights abridged" after they have used the academic unit's appeals procedures. The Graduate School Academic Grievance Committee may review allegations that a course grade has resulted from an unfair procedure. However, the committee should not substitute its judgment on the merits of such allegations regarding unfairness or discrimination as an evaluation of academic performance in the course.
All grievances should be pursued, if possible (assuming procedures are available), in the Academic Department or Unit where the student's program is housed before approaching the Graduate School Academic Grievance Committee.
To assist the student, a Student Grievance Officer is provided, who is responsible for "informing students of their rights and obligations under the grievance procedure and especially the deadlines that have been established. The Student Grievance Officer shall seek to resolve informally as many grievances as possible" (The Redbook, Section 6.8.2). Students are encouraged to seek the assistance of the Student Grievance Officer at any stage of the grievance process.
The procedures established for the Graduate School Academic Grievance Committee are described below.
Section 2: Preliminary Steps
To pursue a grievance concerning academic matters within the academic unit, the following steps of the grievance procedure should be observed:
- The student should first discuss the matter with the person(s) directly involved and attempt to resolve the grievance through informal discussion.
- If there is no resolution, the student should discuss the matter with that person's supervisor or the person to whom such person reports (e.g., department chair and/or dean), who should attempt to mediate a resolution.
- If the student has not been able to obtain a resolution, he or she may request the Student Grievance Officer (S.G.O.) to attempt informal mediation of the problem.
- If the matter has not been satisfactorily resolved through the informal process, the student shall submit a written statement of the grievance to the Graduate School Academic Grievance Committee through the Office of the Dean of the Graduate School. The statement shall contain:
- A complete narrative of the condition giving rise to the grievance;
- Identification of the parties involved indicating those to be designated as respondents; and
- Statement of the specific remedy requested.
Section 3: Committee Action
Upon receipt of the written statement, the Graduate School Academic Grievance Committee, or its representatives, shall:
- Contact the student and the Student Grievance Officer to obtain assurance that all steps of the above informal process were completed and that those issues in the statement were discussed at all levels.
- Notify the parties named in the statement of the grievance naming them; and send a copy of the statement to the named parties and to all committee members.
- Notify the grievant and the respondent(s) of the right to challenge committee members for cause, and request early notification of challenge(s) to expedite the grievance procedure. Challenges or notification that no challenges will be made must be received from the grievant in order for the grievance process to go forward. Challenges from respondents must be received no more than ten (10) working days after the right to challenge notification(s) is mailed. Included in this notification will be a list of the names of all current, regular grievance committee members. The Graduate School Student Advocate, in consultation with the Chair of the Graduate School Academic Grievance Committee, will determine if sufficient cause is represented in any challenge to exclude a Committee member from participating in the grievance process.
- Meet within twenty (20) working days after receiving both the written statement of any grievance and the grievant's response to the right to challenge committee members and recommend to the Dean of the Graduate School whether sufficient grounds exist to accept a case for hearing. If the Committee recommends against holding a hearing and the Dean concurs, the grievance process is ended. If the Committee recommends against holding a hearing and the Dean does not concur, the Dean can instruct the Committee to hold a hearing. If the Committee recommends that a hearing be held, the Committee shall hear the case. The Committee shall notify, in writing, all persons directly involved as to the reasons for its recommendation. If a grievance statement is received less than fifteen (15) working days before the end of the spring semester and the grievance committee is unable to convene a meeting due to the absence of some of its members from campus during the summer term, the Grievance Committee will meet within ten (10) working days after the beginning of the fall semester.
- If a hearing will be held, notify in writing all the parties involved, including any witnesses, of the date, time and place of the hearing at least ten (10) days prior to the hearing date (which shall be within thirty (30) working days of receipt of the written grievance).
- Request in writing from all parties involved any pertinent material deemed necessary for review by the committee prior to the hearing. These materials, and any additional materials either party chooses to submit, must be submitted to the committee not later than four (4) days prior to the hearing. Any person named in a grievance may submit a written statement to the committee outlining issues from that person's perspective.
- Maintain confidentiality throughout the entire grievance process.
- If a hearing will be held, request in writing from all parties involved to indicate if they wish to bring an advisor with them to the hearing and whether or not that advisor is an attorney. Note: If present during the hearing, an advisor may act only as a consultant to the grievant or respondent and is not permitted to speak on behalf of the grievant or respondent, ask any questions of any involved parties, or present any evidence. This information should be submitted to the committee at least seven (7) days prior to the hearing.
- If a hearing will be held, request in writing from all parties involved a list of the name(s) of any witness(es) they wish to invite to the committee at least seven (7) days prior to the hearing date.
The action of the grievance committee as to whether to grant a hearing when accepted by the Dean of the Graduate School shall be final and binding on all parties except when subject to the condition of appeal, as described in Sections 6 and 7.
All communications among the committee, the grievant(s), and the person(s) named in the statement of grievance will be confidential.
Section 4: Hearing Process
All hearings conducted by the Graduate School Academic Grievance Committee shall be conducted confidentially in the following manner:
- The grievant(s) and the respondent(s) must be present during the information-gathering portion of the hearing. Witnesses will be available and will be called when needed. The committee reserves the right to allow the presence of a secretary or a technical assistant.
- A grievant or respondent may have one advisor present at the hearing. An advisor may act only as consultant to the grievant or respondent and is not permitted to speak on behalf of the grievant or respondent, ask any questions of any involved parties, or present any evidence. The grievant or respondent must notify the committee no less than seven (7) days prior to the hearing whether or not the advisor is an attorney. If the grievant chooses to have an attorney present, the University may decide to retain an attorney to act as advisor to the Committee members or to the respondent(s).
- All statements during the information-exchange phase of the hearing will be tape-recorded. This record will be preserved in the University Archives for a minimum of five years and shall be confidential.
- Any committee member may question any of the participants at the hearing.
- The grievant will present his or her statements and/or witnesses to the committee.
- The respondent will have the opportunity to question the grievant(s) and the witnesses about their statements.
- The respondent will present his or her statements and/or witnesses to the committee.
- The grievant will have the opportunity to question the respondent(s) about their statements.
- After all information is exchanged, all persons except the committee members and the recording secretary will leave the committee room.
- The grievant(s), the respondent(s), and the witnesses will continue to be available to the committee should further information be needed.
- The Committee will meet in closed session to decide upon its recommendation(s) to the Dean of the Graduate School.
- The committee shall submit its report with recommendation(s) and reasons for the recommendation(s), to the grievant(s), the respondent(s), and the Dean of the Graduate School. If the grievance directly involves the Dean, the report and recommendation(s) of the Graduate School Academic Grievance Committee shall be referred for decision to the University Provost.
- The student's grievance will not be included as part of the student's record, unless it results in a change in student status or the student voluntarily inserts the information.
- Until the grievance is resolved, the student may continue the natural academic progression through the academic unit, subject to the requirements of Article 6.6, "Academic Review, Advancement, Probation, and Dismissal of Students," and Article 6.7, "Nonacademic Disciplinary Procedures," of The Redbook.
Section 5: Decision
The Dean of the Graduate School (or the Provost in cases where the Graduate Dean is directly involved in the grievance) shall approve or reject the committee's recommendation(s) within twenty-eight (28) days after receiving it (them). If the decision of the Dean or Provost is not in accord with the committee's recommendation(s), the Dean or Provost shall state the reasons for that decision, in writing, to all persons directly involved in the grievance and to the committee. The Dean or Provost shall then take appropriate action to implement his or her decision after the time for appeal has elapsed.
Section 6: Rehearing
A grievance committee, within twenty-one (21) days after delivery of its report, may be petitioned to reconsider its decision upon the basis of evidence of misrepresentation of materials, facts, or upon the basis of newly discovered evidence clearly not available at the original hearing.
Section 7: Appeal
Any party to the grievance may appeal to the University Student Grievance Committee within twenty-one (21) days from the date of the final decision of the Dean of the Graduate School or Provost if the Dean's or Provost's decision does not concur with the recommendation of the grievance committee.
Revised by the Graduate Council, June 26, 2007