05
Procedures for the Appeal of Grades
05
Procedures for the Appeal of Grades (En 5 May 77)
05.00
Graduate: Student files appeal to
instructor, then to department Chair and
instructor, then to College/School Dean,
then to Graduate Dean, then to
Graduate Council
Undergraduate: Student files appeal to
instructor, then to department Chair and
instructor, then to College/School Dean,
then to College/School Executive
Committee
(Am 24 May 22)
05.01
If a student believes that non-academic
criteria have been used in determining
the student’s grade, the student shall
attempt to resolve the grievance with
the instructor of the course. Nonacademic criteria shall be understood,
in the sense of the Faculty Code of
Conduct, as criteria not directly
reflective of class performance, such as
discrimination on political grounds, or
for reasons of race, religion, sex or
ethnic origin or for other arbitrary or
personal reasons. If the grievance is not
resolved to the student’s satisfaction,
the student may file a written appeal
with the Chair of the department. The
Chair should attempt to resolve the
grievance with the instructor of the
course and student within twenty-one
business days of receipt. Upon receipt
of the complaint, the Chair shall,
immediately, forward a copy of the
complaint and of all attached
documents to the instructor and inquire
whether the instructor would like to
submit a response or has additional
documents to provide. If so, the
instructor’s response and additional
documents must be provided within
seven days from the date requested. If
the grievance is not resolved to the
student's satisfaction at the
departmental level, the student may file
a complaint with the College/School
Dean having jurisdiction over the
course. In these procedures the term
department shall be read to understand
department and/or program. ( Am 24 May 22)
05.01.01
If the grievance cannot be resolved with
the instructor of the course and Chair,
the student shall present to the
College/School Dean having jurisdiction
over the course a written complaint
stating the nature of the grievance,
including any and all documents
supporting the grievance, immediately
after the alleged use of non-academic
criteria, or no later than six weeks after
the beginning of the subsequent
quarter. (For these procedures,
Summer Session is not considered a
quarter). The College/School Dean shall
attempt to resolve the appeal with the
instructor and student within twenty-one
business days. If the instructor provided
a response or additional documents to
the Chair, the College/School Dean
shall request these documents from the
Chair. (Am 23 May 91) (Am 24 May 22)
05.01.02
If the complainant is an undergraduate
student, and if the College/School Dean
is unsuccessful in reaching a resolution
and has determined that all other
avenues of adjudication have been
exhausted, the College/School Dean
shall submit to the College/School
Executive Committee the complaint, all
attached documents, and all evidence
and documentation related to the
attempted resolution of the appeal by
the Chair and the College/School Dean.
If the College/School Dean deems it
necessary, a cover memo from the
Dean may be included that summarizes
the steps taken and the Dean’s position
on the matter.
(Am 24 May 22)
05.01.02.01
If the complainant is a graduate student,
and if the College/School Dean is
unsuccessful in reaching a resolution
and has determined that all other
avenues of adjudication have been
exhausted, the College/School Dean
shall submit to the Graduate Dean the
complaint, all attached documents, and
all evidence and documentation related
to the attempted resolution of the
appeal by the Chair and the
College/School Dean. If the
College/School Dean deems it
necessary, a cover memo from the
Dean may be included that summarizes
the steps taken and the Dean’s position
on the matter.
(Am 24 May 22)
05.01.02.02
If the Graduate Dean is unsuccessful in
reaching a resolution and has
determined that all other avenues of
adjudication have been exhausted, the
Graduate Dean shall submit to the
Graduate Council the complaint, all
attached documents, and all evidence
and documentation related to the
attempted resolution of the appeal by
the Chair, College/School Dean, and
Graduate Dean. If the Graduate Dean
deems it necessary, a cover memo from
the Graduate Dean may be included
that summarizes the steps taken and
the Graduate Dean’s position on the
matter. (Am 24 May 22)
05.01.03
The College/School Executive
Committee (when the complainant is an
undergraduate student) or the Graduate
Council (when the complainant is a
graduate student) shall review the
complaint to determine if there is
evidence that non-academic criteria
were used. If the College/School
Executive Committee or the Graduate
Council decides the allegations are
without substance, it shall serve written
notification of its findings to the
complainant and to the instructor. Within
seven days of receipt of such
notification, the complainant or the
instructor shall have the opportunity to
respond to the findings. If, after such
response, the College/School Executive
Committee or the Graduate Council
sustains its decision, the decision is
final. The College/School Executive
Committee or the Graduate Council
shall, then, forward written notification of
the decision to the complainant and to
the instructor. The student shall have no
further recourse for filing the same
grievance
(Am 22 May 25
05.01.04
If there is evidence that non-academic
criteria were used or if more information
is needed, the College/School
Executive Committee or the Graduate
Council may review the case to arrive at
a decision, or it may appoint, within
seven days, an ad hoc Review
Committee to review and adjudicate the
case. The Review Committee shall
consist of one current Graduate Council
member, one Senate member of the
department of which the instructor is a
member whose knowledge of the
discipline, or sub-discipline, qualifies
that person to evaluate all documents
relevant to the case; one Senate
member of the same department, or
another department, in a related
discipline or subdiscipline; and one
Senate member from an unrelated
department and discipline. In the event
that an Officer of Instruction (Acting
Assistant Professor, Adjunct Professor,
Lecturer, etc.) may be the most qualified
to evaluate the complaint, the
College/School Executive Committee or
the Graduate Council may make such
an appointment to the ad hoc Review
Committee. Neither Chairs of
departments nor members of the
College/School Executive Committees
are eligible for service on review
committees. ( Am 24 May 22)
05.01.05
The review committee shall interview and/or correspond with any individual whose testimony might facilitate resolution of the case, and shall have access to any and all documents, papers and records in the possession of the complainant, the instructor or the department, which might facilitate the resolution of the case. The complainant and the instructor shall be interviewed. At the conclusion of the case all documents shall be returned to the source from which they were obtained.
(Am 24 May 22)
05.01.06
The review committee shall complete its
deliberations and arrive at a decision
within twenty-one business days of
receipt of the complaint. (Am 24 May 22)
05.01.06.01
If the allegations of the complainant are not upheld, the College/School Executive Committee or the Graduate Council shall so notify the complainant and the instructor in writing. Within seven days of such notification, the complainant and the instructor shall have the opportunity to respond to the findings and the decision of the committee. If after such response the review committee sustains its decision, the College/School Executive Committee or the Graduate Council shall so notify the complainant and the instructor in writing. The student shall have no further recourse in filing the same grievance. (Am 24 May 22)
05.01.06.02
If the allegations of the complainant are upheld, the review committee shall decide that the grade be changed from one letter to a different letter or from NC to S. Alternatively, the review committee may, with the approval of the complainant, decide that the grade be struck from the record of the complainant and that the grade points, if any, be deducted from the cumulative Grade Point Average. (Am 24 May 22)
05.01.06.03
The review committee shall, then, serve written notification of its findings and its decision to the complainant and the instructor. Within seven days of such notification, the complainant and the instructor shall have the opportunity to respond to the findings and the decision of the committee. If after such response, the review committee sustains its decision, it shall so notify the instructor to provide the instructor the opportunity to comply with the decision. Upon refusal of the instructor to so comply, the College/School Executive Committee or the Graduate Council shall notify the Registrar, in writing, with copies to the complainant and the instructor, that the grade be changed. (Am 24 May 22)
05.01.07
If the case was reviewed by an ad hoc Review Committee, the College/School Executive Committee or the Graduate Council shall review the findings and the decision of the Review Committee to assure that due process has been followed, but not to reassess the evidence. (Am 24 May 22)
05.01.08
If the findings, under Section 05.01.06, are in support of the complainant, no punitive actions are implied, or may be taken, against the instructor as a consequence of these procedures. Neither the filing of charges nor the final disposition of the case shall, under any circumstances, become a part of the Personnel file of the instructor. These procedures are designed to effect a change of grade when it has been determined that non-academic criteria have been used in assigning that grade. (Am 24 May 22)
05.01.09
If the findings in Section 05.01.03 or 05.01.06 are in favor of the instructor, no punitive actions are implied, or may be taken, against the complainant as a consequence of these procedures. Neither the filing of charges nor the final disposition of the case shall, under any circumstances, become a part of the complainant's file. (Am 24 May 22)
05.01.10
The use of non-academic criteria in assigning a grade is in violation of the Faculty Code of Conduct. Sanctions against an instructor for violation of the Faculty Code, if sought, must be through the committees of the Academic Senate (Charges and Privilege and Tenure) upon referral by the Chancellor. If the instructor feels that the instructor's record has been impugned by false or unfounded charges, file charges against the complainant through the Office of the Vice Chancellor--Student Services. ( Am 24 May 22)
05.02
If allegations of Academic Integrity
violation are made and the student is
not found to have committed academic
integrity violation, and if the student
believes that the instructor has assigned
a grade based upon the non-academic
criterion of prejudicial suspicion of an
academic integrity violation, the student
has the right of appeal as defined in
sections 05.01 through 05.01.10 above.
(En 4 Feb 88) (Am 22 May 24)