The Academic Appeals Policy provides students with an appeal mechanism by which they can request a hearing before an Academic Appeals Board for appeals related to: an academic evaluation in a course; a thesis or dissertation defense, a general or comprehensive exam, suspension or dismissal under the Student Professional Behavior in an Academic Program Policy, and academic program-related decisions resulting in the student being dismissed from a program or being required to repeat a semester or year.
The Academic Appeals and Academic Misconduct policies are established to provide students with an appeal mechanism by which they can request a hearing before a Student Appeals Board. For the purposes of this policy, Student Appeals Board means any Academic Appeals Board, as referenced in the Board of Regents’ Academic Appeals Boards Policy, as well as any academic appeals board or academic misconduct boards referenced in Health Campus college policies and procedures. A Student Appeals Board shall be established in each college of the University consisting of an equal number of students and faculty, including instructors. Faculty members on the Board will be chosen by the faculty of the college for a three-year term. Student members of the Board will be appointed for a term of one year by the dean of the college, upon annual recommendations from the college student association president. The student association president’s recommendations shall be provided to the dean no later than the add/drop date of each fall semester.
It shall be the primary function of a Board, through an appointed Hearing Panel, to adjudicate appeals described below:
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Appeals of an academic evaluation in a course or course component, appeals related to a thesis or dissertation defense, or appeals related to a general or comprehensive exam in which the student alleges there was an arbitrary or capricious evaluation by the instructor(s) or evaluator(s).
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Appeals of academic program-related decisions resulting in a) the student being dismissed from a program or b) being required to repeat a semester or year or c) suspension or dismissal under the Student Professional Behavior in an Academic Program Policy, the basis of which the student alleges is arbitrary or capricious.
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Academic Misconduct
All students may obtain assistance in interpretation of appeals policies and procedures in their respective college student affairs office or in the Office of the Vice Provost for Academic Affairs.
The University will work to expedite the decision and/or hearing process. During this period, a student may choose to continue his or her regular enrollment in the University pending administrative resolution of the academic appeals process. In doing so, the student is accepting financial responsibility for continued enrollment. Should a student choose to continue with their enrollment and the outcome of the appeal is not in the student’s favor, the student will be administratively withdrawn from their courses and will not receive credit for any work completed. Until the resolution of an appeal, a student may not graduate or receive a transcript without approval of the Senior Vice President and Provost, and any official transcript released during such period shall bear a notation that Student Code proceedings are ongoing.
All appeals under this policy must be handled according to the following processes.
ACADEMIC APPEALS POLICY AND PROCEDURES
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General Principles
The responsibility for academic evaluations of students rests with the instructors or evaluators.
Under the Academic Appeals Policy, the sole basis for an appeal of an academic evaluation in a course or course component, or an appeal related to a thesis or dissertation defense, or an appeal related to a general or comprehensive exam is an alleged arbitrary or capricious evaluation by the instructor(s) or evaluator(s). The burden of proof shall be upon the student, who must establish by a preponderance of the evidence (i.e., more likely than not) that the evaluation was arbitrary or capricious. For purposes of this policy, arbitrary is defined as coming about at random or by chance. Capricious is defined as illogical, impulsive, or unpredictable.
The Academic Appeals Policy does not provide the forum for other grievances related to a course or academic assignment (e.g., disappointment in a grade or dissatisfaction with the instructor or the course). Such matters should be discussed with the department chair or college dean. The Academic Appeals Policy is also not the policy under which to grieve possible violations of the University’s Institutional Equity Policies, including the Nondiscrimination Policy, Sexual Misconduct, Discrimination, and Harassment Policy, or Consensual Sexual Relationships Policy. Allegations of these possible violations should be reported to the Institutional Equity Office according to Faculty Handbook Appendices H and J.
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Initiating an Academic Appeal
A. Appeals of an Academic Evaluation Related to a Course or Course Component, a Thesis or Dissertation Defense, or a General or Comprehensive Exam.
The appeal process includes an informal resolution procedure as well as a procedure for formal appeal to the Student Appeals Board. If a student feels he or she has received an arbitrary or capricious evaluation by an instructor or evaluator, the student must first seek an informal resolution through the process noted in (1) and (2) below. Note: Graduate student appeals related to a thesis or dissertation defense or general or comprehensive exam skip to the process noted in (3) below.
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Conference with the Instructor or Evaluator: The student shall provide a detailed, written statement to the instructor or evaluator setting forth the allegation of an arbitrary or capricious evaluation. The instructor or evaluator will then schedule a conference with the student within ten (10) University business days so they can attempt to discuss and resolve the matter.
Timeline: In cases of an evaluation made known to a student during the term, the student must provide the detailed written statement above, notifying the instructor or the evaluator of the dispute over the academic evaluation, and the student and instructor or evaluator must meet to attempt to resolve differences no later than ten (10) University business days after the results of the evaluation are made known to the student. In cases of end-of-term evaluations, the student must provide the detailed written statement above, notifying the instructor or evaluator of the dispute over the academic evaluation and the parties must meet to attempt to resolve differences no later than February 15 for the previous fall semester or winter intersession and no later than September 15 in cases of end-of-term evaluations for the previous spring semester, spring intersession, or summer term.
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Conference with the Department Chair: If the dispute is not resolved to the satisfaction of the student after the conference with the instructor or evaluator, the student must attempt to resolve the matter with the department chair by forwarding a copy of the written statement and requesting a meeting within ten (10) University business days of the meeting with the instructor or evaluator.
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In those instances in which the complaint is against the department chair as the instructor or evaluator, references to the “department chair” shall refer to the dean.
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Timeline: The chair shall schedule a meeting with the student within ten (10) University business days of the student’s request. Prior to the meeting, the student will give the department chair a copy of the detailed written statement provided to the instructor or evaluator pursuant to subsection (II(A)(1) above.
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As part of this informal resolution process, the department chair will: 1) consider the information contained in the detailed written statement provided by the student; 2) remind the student that the responsibility for academic evaluation rests with the instructor or evaluator; 3) explain that the appeal must be based on an articulated arbitrary or capricious action of the instructor or evaluator; 4) confer with the instructor or evaluator, if deemed necessary; 5) attempt to resolve the matter; and 6) advise the student about the academic appeals process and procedures if there is no resolution and the student decides to request a hearing on the matter. The chair should make no statement about whether the matter should go to a hearing or whether a hearing will be granted.
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Request for a Hearing: If the dispute is not resolved to the satisfaction of the student after the conference with the department chair, then the student may request a hearing on such matter, through the dean of the college offering the course. If a student failed to notify an instructor or evaluator or department chair or failed to attempt resolution within the timelines above, the dean shall deny any request for a hearing unless, in the view of the dean, the student has been prevented from complying with the appropriate time limit
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In those instances in which a complaint is against the dean as the instructor, references to the “dean” shall refer to the Vice Provost for Academic Affairs.
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Timeline: The student shall make a written request to the dean for a hearing. In the hearing request, the student shall provide the dean a copy of the detailed written statement provided to the instructor pursuant to subsection (1) above, and shall request to meet with the dean, both within ten (10) University business days following the day when the attempts at resolution in paragraph (2) above are completed.
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The filing of a written request for a hearing related to graduate student appeals of a thesis or dissertation defense or a general or comprehensive exam shall be made to the Graduate College Dean within ten (10) University business days following the day the graduate student was notified of the evaluation.
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The dean or VPAA (as applicable) shall deny any request for a hearing that does not meet the deadline in subsection (II)(A)(3)(b) above unless, in the view of the dean/VPAA the student has been prevented from complying with the appropriate time. Furthermore, if in the judgment of the dean/VPAA the case does not allege an arbitrary or capricious evaluation, the dean/VPAA may refuse the student a hearing. If a student alleges violation of University institutional equity policies, the dean/VPAA should refer the matter to the Institutional Equity Office for further handling.
B. Appeals of academic program-related decisions resulting in the student being dismissed from a program or being required to repeat a semester or year including suspension or dismissal under the Student Professional Behavior in an Academic Program Policy
Within ten (10) University business days following the day when the student was notified of the suspension, dismissal, or required repetition, the student shall make a written request for a hearing to the Senior Vice President and Provost. Along with this request, the student shall submit a written statement that articulates the circumstances giving rise to the allegation of an arbitrary or capricious decision to suspend, dismiss, or repeat. The Senior Vice President and Provost shall deny any request for a hearing that does not meet the request deadline unless, in the view of the Senior Vice President and Provost, the student has been prevented from complying with the appropriate time limit. Furthermore, if in the judgment of the Senior Vice President and Provost, the case does not allege an arbitrary or capricious decision to repeat, suspend, or dismiss, the Senior Vice President and Provost may refuse the student a hearing.
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Academic Appeals Panel Selection Process
Selection of a Hearing Panel and Chair: Upon receiving notice of a student’s request for a hearing, if the dean/ VPAA determines that the timelines have been met and that the student’s allegation meets the criteria for appeal, the dean/VPAA or his/her designee shall select a Hearing Panel randomly from the college’s Student Appeals Board. Each Academic Appeals Hearing Panel shall generally consist of three (3) instructors and three (3) student members from the college’s Student Appeals Board. However, to allow flexibility for unforeseen scheduling conflicts, a minimum of two (2) instructors and two (2) student members shall be sufficient for a hearing to convene. If that minimum number cannot attend, the hearing date will be re-scheduled. In all instances, the membership of the Hearing Panel must remain equally balanced between instructors and students.
For appeals under IIA above, the dean or his/her designee will appoint one of the instructor panel members to serve as Chair of the Hearing Panel. In appeals under IIB above, the Vice Provost for Academic Affairs or his/her designee will appoint the Chair. The Chair serves as a voting member of the panel.
Upon selection of a Hearing Panel, the dean/VPAA or his/her designee shall notify the Registrar of the pending appeal. The Registrar will make a notation on the student’s transcript that the course grade is under appeal.
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Prior to the Hearing – Duties of the Chair
The Chair of the Hearing Panel will notify the student and the instructor or evaluator in writing of the applicable hearing procedure, the date and location of the hearing, and all relevant timelines.
The Chair of the Hearing Panel will notify the student and the instructor or evaluator in writing that they must produce, by a date determined by the Chair, the following documentation:
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A copy of the written statement provided to the instructor
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A list of proposed witnesses to be called
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An optional, brief summary of the testimony of each proposed witness (including the instructor and the student)
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Exhibits proposed to be presented
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A brief position statement outlining the party’s viewpoint, supported by evidence, that the party anticipates presenting
Once the documentation has been received by the Chair, the Chair will provide each party with a copy of the other party’s documentation. Prior to sharing the documentation, the Chair will determine the relevance of submitted documents based on pertinence to the student allegation of arbitrariness or capriciousness.
Students who elect to have legal counsel representation at the hearing shall furnish to the Chair the name of such counsel, when identified, but no later than ten (10) University business days before the hearing.
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Hearing Procedures
The Chair is responsible for administrative matters, including scheduling the hearing, providing notification to hearing participants, and managing the dispensation of hearing- related records. Meetings of the Hearing Panel, including the hearing and deliberations, are closed to the public. Prospective witnesses other than the instructor or evaluator and the student are excluded from the hearing during the testimony of other witnesses.
Both parties shall have the right to be accompanied by a personal advisor or legal counsel throughout the hearing. Provided, however, that the instructor or advisor may have legal counsel at the hearing only if the student does. The Hearing Panel shall have its counsel present throughout the hearing, regardless of whether the parties are represented. Individuals advising the student or the instructor or evaluator shall not question witnesses or address the panel.
The student and then the instructor or evaluator will be allowed to give a five-minute opening statement and a five-minute closing statement. The Chair has discretion to allow longer opening and/or closing statements.
After the opening statements, the Hearing Panel shall provide the parties an opportunity to present their respective positions, including the presentation of pertinent documentary evidence and witness testimony, with the student presenting first. Each party shall be given the opportunity to cross-examine witnesses presented by the other. The Hearing Panel may also directly question any witnesses and will consider any relevant documents presented. Attorneys and advisors may not question witnesses or respond to questions from the Hearing Panel.
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Hearing Panel Deliberations
Following closing statements and dismissal of all parties and witnesses, the Hearing Panel will deliberate and make determinations about the facts and the credibility of witnesses and determine by majority vote whether the student has proven by a preponderance of the evidence that the academic evaluation was arbitrary or capricious.
In the event of a tie vote, the finding will be that the student did not meet the burden to prove by majority vote that there was an arbitrary or capricious evaluation.
The instructor’s or evaluator’s grade or assessment, or program-related decision will not become final until the appeal is concluded or is withdrawn by the student. Pending the outcome of an appeal, the grade will post as awarded by the instructor, with the notation that it is pending appeal.
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Transmittal of Hearing Panel Decision
A. Appeals of evaluation of a course or course-component
The decision of the Hearing Panel (i.e., the evaluation was or was not proven to be arbitrary or capricious) shall be communicated in writing by the Hearing Panel Chair to the dean of the college (or VPAA, as appropriate). The college dean (or VPAA, as appropriate), shall notify the student’s dean (if different), the student, the instructor or evaluator, and the Vice Provost for Academic Affairs. The student’s dean/VPAA has the responsibility to confirm that the appropriate evaluation is reported to the Registrar and recorded on official student records.
In cases where the student proves by a preponderance of the evidence that there was an arbitrary or capricious evaluation of a course or course component, the dean will assign an impartial qualified instructor or evaluator to re-evaluate the student’s performance, according to the original applicable evaluation criteria. The impartial instructor will transmit the new evaluation to the college dean, the student’s dean (if different), the student, the instructor or evaluator, and the Vice Provost for Academic Affairs.
B. Appeals of Thesis or Dissertation Defense or general or comprehensive exams
The decision of the Hearing Panel (i.e., the evaluation was or was not proven to be arbitrary or capricious) shall be communicated in writing by the Hearing Panel chair to the dean of the college (or VPAA, as appropriate). The college dean (or VPAA, as appropriate), shall notify the student’s dean (if different), the student, the instructor or evaluator, the student’s thesis or dissertation committee (as appropriate), and the Vice Provost for Academic Affairs.
Where the student proves by a preponderance of the evidence that there was arbitrary or capricious evaluation of a thesis or dissertation defense or general or comprehensive exam, the VPAA will refer the matter to the Graduate College dean who will be responsible for coordinating an impartial evaluation. The dean (or VPAA, as appropriate) shall notify the student’s dean (if different), the student, the instructor or evaluator, the student’s thesis or dissertation committee (as appropriate), and the Vice Provost for Academic Affairs of the outcome of the independent review.
C. Appeals of an academic program-related decision resulting in suspension, repetition, or dismissal, including suspension or dismissal under the Student Professional Behavior in an Academic Program Policy
The Hearing Panel will transmit in writing its finding to the Senior Vice President and Provost, who shall notify the dean of the college, the student’s dean (if different), the student, and the Vice Provost for Academic Affairs. The Vice Provost for Academic Affairs will notify the Registrar of the finding.
Where the student proves by a preponderance of the evidence that there was arbitrariness or capriciousness in the program-related decision, the student shall be reinstated to the program under such terms and conditions as are in effect at the time of the final decision or action.
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Appeals of the Hearing Panel’s Findings
The findings of the Hearing Panel shall be final and not appealable within the University unless the student submits written evidence of (1) manifest procedural irregularities that effectively denied the student a fair hearing; (2) new and significant evidence that could not have been discovered by a reasonably diligent student before or during the original hearing; or (3) probable inequity in the disposition of the matter.
Harmless deviations from prescribed procedures may not be used to invalidate the finding or proceeding. Technical departures from these procedures and errors in their application shall not be grounds to overturn the Hearing Panel’s finding unless, in the opinion of the Senior Vice President and Provost, the technical departure or errors prevented a fair determination of the issues.
Appeals, on the basis of (1), (2), or (3) above, shall be made in writing to the Senior Vice President and Provost within ten (10) University business days of the time such grounds for appeal are discovered or should have been discovered. Consideration of appeals will be made upon the basis of written statements and such other evidence as the Senior Vice President and Provost may require according to procedures he/she deems appropriate.
In all cases, the President and the Board of Regents reserve the right to review, at their discretion, the decision of the Senior Vice President and Provost for manifest error or inequity.
Additionally, the Health Campus and Norman Campus Faculty Handbooks and the student handbooks include the full policy and procedures for academic appeals (Faculty Handbook).