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FSD 69 41.86 R7
Educational Policy
and Resources Committee
STUDENT ACADEMIC GRIEVANCE
PROCEDURES
PREAMBLE
The policy and procedures herein specified deal with
student grievances concerned with evaluation by faculty as well as other
academic decisions by departments and colleges or the university on academic
matters such as admission to majors and programs, academic dishonesty issues
including cheating and plagiarism, academic probation, suspension or dismissal
from major or from the university. These procedures are NOT intended to deal
with non-academic complaints as those involving sexual harassment,
discrimination, or inappropriate social conduct except as those matters relate
to a specific academic decision. These Non-academic complaints should be referred to the Vice President for Student
Affairs.
Students may obtain information and assistance regarding
academic grievance procedures and guidelines from the Office of Undergraduate
Studies. A simple allegation or unsubstantiated assertion is an insufficient
basis for lodging a formal complaint. Students must support their allegations
with evidence compelling enough to give the Academic Grievance Committee reason
to hold a formal hearing.
ARTICLE I Basis and Procedures for Grade Appeal or other
Academic Grievance*
Section 1:
A student may appeal a final course grade or a grade on a
Comprehensive Examination or a project (e.g., art exhibition) or thesis
required for graduation. An appeal may be initiated on the basis of:
(1) Clerical error.
(2) Capricious or prejudicial evaluation.
(3) Inconsistent or inequitably applied standards for
evaluation.
Along with the right to assign grades, faculty have the
responsibility to provide careful evaluation and timely assignment of grades.
There is a presumption that grades assigned are correct and that faculty will
base grades on clearly stated criteria. It is the responsibility of anyone
appealing an assigned grade to demonstrate otherwise.
*Disputes involving the grade of "W"
(withdrawal from a class) are handled through separate procedures available in
the Office of the Vice President of Academic Affairs or designee.
Section 2:
Students may also appeal other types of academic
decisions. These include, but are not limited to:
1. Denial of Admission to or Dismissal from a course,
major or program,
2. Placement on Academic Probation,
3. Suspension or Dismissal from the university
It is presumed that such decisions result from
consistent, fair, and equitable application of clearly articulated standards
and procedures. Students appealing such decisions must demonstrate that the
standards and procedures were not clearly stated or that they were not applied
in a consistent, fair and equitable manner. An appeal may NOT be based on a
disagreement with the standards and procedures themselves.
Section 3:
This document is not intended to limit a student or
faculty member and/or department from resolving a problem in any informal way
they find satisfactory. However, the college level appeal procedures outlined
in Article II must be exhausted before a student may initiate the
University-level procedures described in Article III.
Section 4:
Time limits cited in these procedures may be extended
when special circumstances exist. The Vice President of Academic Affairs or
designee will make such determinations.
ARTICLE II College-Level Appeal Procedures
Section 1:
Grade Grievance procedures must be initiated by the
student between October 1 and May 31 ** and within no more than forty (40)
working days after the grade is officially recorded, normally a week after the deadline
for submitting grades. Other types of Academic Grievances also should be lodged
within forty (40) working days of notification of any decision which the
student seeks to appeal. It should be noted that faculty members and department
chairs may not be available during the summer. The procedure is initiated by
securing the "Student Academic Grievance Form" (available in the
College Office) and by submitting the completed cover sheet, which must be
date-stamped by the College and left on file in that Office.
Section 2:
For Grade Grievances the student then must seek redress
directly from the instructor. Following discussion, the instructor shall
complete the instructor's section of the Student Academic Grievance Form in
duplicate and note the conclusion reached. One copy must be returned to the
student and one copy to the College office. This process shall be completed
within fourteen (14) working days after the grievance procedures have been
initiated (i.e., within fourteen working days after the cover sheet has been
date-stamped).
*If the instructor is no longer at the University, the
student should contact the Department Chair.
**For grades awarded at the end of the spring term or
during summer sessions, grievances may be initiated the following fall term
(but by no later than November 1).
A similar process will occur for other types of Academic
Grievances and the student should seek redress from the person or official
making the decision that the student wishes to appeal. (This might be a
Department Chair, Program Coordinator, Dean or other academic official.)
Following this discussion and review of the student's request for
reconsideration of the decision, the decision maker to whom the student has
appealed will complete the College-level Appeal section of the Academic
Grievance Form in duplicate and note the conclusion reached. This process
should be completed within fourteen (14) working days after the procedures have
been initiated.
Section 3:
If the grievance still is unresolved, the student next
may seek redress through a meeting with the instructor, the Department Chair,
and the College Dean (or designee). The student must request the meeting within
seven (7) working days from the date the process under Section 2 above is
concluded. The meeting shall be convened by the College Dean or designee as
soon as possible, but within no more than twenty (20) working days. The
Department Chair and College Dean will consult with the instructor, who has the
sole discretion to change a grade, consistent with this policy. The College
Dean or designee shall note the conclusion reached on the College's and on the
student's copy of the Student Academic Grievance Form and shall return the
appropriate copy to the student and retain the College copy on file.
Section 4: In these preliminary and informal meetings
only the involved parties will be present. Every effort should be made to
settle the disagreement informally.
ARTICLE III - University Level Appeal Procedures
Section 1:
If dissatisfied with the outcome of the College level
procedure (Article II above), a student may initiate University-level appeal
procedures by completing the appropriate section of the Student Academic
Grievance Form and submitting it to the Office of the Vice President of
Academic Affairs or designee. The request must be filed within fifteen (15)
working days (excluding time between terms) following completion of the
College-level procedures.
Section 2:
Upon receiving the completed form, the Vice President of
Academic Affairs, or designee, shall determine whether or not the procedures of
Section II above have taken place. If all efforts to resolve the matter without
a hearing have been completed, the Vice President of Academic Affairs or
designee shall initiate selection of a Hearing Committee.
Section 3:
There shall be a standing Academic Grievance Panel of
twenty (20) members: ten (10) tenured faculty (two from each college), five (5)
undergraduate students, and five (5) graduate students.
1.The ten tenured faculty members shall be selected by
the Faculty Sate through it's established procedures and will serve staggered
two year terms. Faculty serving on College or University RPT Committees shall
not be eligible to serve on the Academic Grievance Panel.
2.The five undergraduate students shall be appointed to
one year terms by the Board of Directors of the Associated Students through its
established procedures. To be eligible to serve, the students must meet the
minimum academic qualification standards for student office holders.
3.The five graduate students shall be appointed to one
year terms by the Board of Directors of the Associated Students through its
established procedures. To be eligible to serve the students must be classified
graduate students, conditionally classified graduate students or classified
post-baccalaureate students and must meet the minimum academic qualification
standards for student office holders.
4.Terms of office for student members shall begin on
October 1 and end on September 30, or upon completion of any hearing in
progress as of that date.
5. The two-year terms of office for faculty members shall
begin and end in the same time frame established for Faculty Senate committees.
6.In the event a member is unable to complete the term of
office, a replacement shall be appointed to complete the un-expired term,
following the original appointment procedures.
7.The panel is encouraged to establish a weekly time at
which hearings would be scheduled.
Section 4:
The Vice President of Academic Affairs, or designee,
shall mgt with the student who is appealing and with the instructor of
record.* The student and the instructor separately shall rank names from
the roster of the Academic Grievance Panel. The names of three (3) faculty and
two students having the highest-ranking score will comprise the Hearing
Committee . The five names shall constitute the members of the Hearing
Committee and there shall be no further challenges.
1. If the student who is appealing chooses not to sign
the release of information section of the Student Academic Grievance Form, the
Hearing Committee shall have no student members and the size of the Committee
shall be reduced accordingly.
2.If the student who is appealing is an undergraduate,
the names of the graduate students automatically shall be deleted from the
roster of the Academic Grievance Panel. If the student who is appealing is a
post-baccalaureate student, the names of the undergraduate students
automatically shall be deleted from the roster of the Academic Grievance Panel.
*If the instructor of record is on leave of absence or is
no longer at the University, the Chair of the Academic Department shall
represent the instructor throughout these procedures.
Section 5:
The Vice President of Academic Affairs or designee shall
designate one of the faculty members selected to serve on the Hearing Committee
as convener of the Committee. The names of the other members of the Committee
and the Student Academic Grievance Form shall be forwarded to the convener.
Section 6:
The faculty member designated to do so shall convene the
Committee within fifteen (15) working days. The Committee then shall select its
own Chair from among the faculty members on the Committee. It should be noted
that students and faculty members on the Hearing Panel are not available during
the summer.
Section 7:
Deliberating in private, and based solely upon review of
the Student Academic Grievance Form, the Hearing Committee shall determine
whether or not to approve the request for a hearing.
1.In order to approve the request for a hearing, the
material submitted by the student must persuade the Committee that a hearing is
warranted. The Committee shall be guided by the CSUSB policy that the grade
awarded by the instructor and
academic decisions made by departments and colleges are
is presumed to be correct unless the student, upon whom the burden of proof
falls, is able to demonstrate otherwise in the material and documentation
he/she has submitted.
Mere protestations of capriciousness or prejudice,
unsupported by substantive information or argument, shall not be persuasive.
2.If the request for a hearing is denied, the grievance
shall be terminated and the Chair of the Hearing Committee shall so notify the
student, the instructor, and College Dean. The records shall be deposited and
retained in the Office of the Vice President of Academic Affairs or designee.
3.If the request for a hearing is approved, the Committee
shall schedule the hearing at the earliest possible date. The Chair shall
notify the student and the instructor of the date, time and place of the
hearing.
Section 8:
The hearing shall be conducted in accordance with the
following guidelines:
1.The hearing shall be closed and only the following
persons may be present:
a)The members of the Hearing Committee, and
b)The student who is appealing and a non-legal
representative if any, and
c)The instructor and a non-legal representative if any,
and
d)Witnesses, while presenting evidence.
*In addition, disabled students having a visual,
auditory, or communication disability verified by the Office of Disabled
Student Services may have a reader-interpreter present to assist the student.
Such an assistant must limit his/her participation to the function of an
interpreter.
2. A recording of the Hearing shall not be made unless
requested by either party
3. Any document received into evidence shall be preserved
and shall be attached to the report form of the Committee. Both the student and
the instructor shall have the opportunity to have a reasonable opportunity to
challenge or to rebut the evidence. At the discretion of the Committee, copies
may be given to either parties.
4.All persons present at the hearing shall be advised by
the Chair that the proceedings are confidential, that all evidence
submitted is required to be accurate and truthful, that all parties present are
required to comport themselves in an orderly fashion, and that any violations
of these requirements may be cause for University disciplinary action.
Witnesses will be advised as to these requirements before presenting testimony.
5.The proceeding will not be bound by formal rules of
evidence nor trial-like procedures. Rather, the procedures will be those upon
which reasonable persons customarily would rely in the conduct of serious
affairs.
a)The chair shall rule upon all procedural issues.
b)If procedural issues arise which require external
assistance, the Chair may delay or recess the proceedings pending submission of
the issue to the Vice President of Academic Affairs or designee for resolution.
The decision of the Vice President of Academic Affairs or designee shall be
final.
6.Evidence or testimony shall be limited to that which is
relevant to the issue(s). Irrelevant or unduly repetitious evidence or
testimony may be ruled out of order.
7.The burden of proof to sustain a grievance rests with
the student, and the student first will present his/her case.
a)If the student fails to appear at the time and place of
the hearing without advance notice and/or reasonable explanation, the grievance
shall be considered to have been withdrawn and these proceedings shall be
terminated. The Chair shall so notify the student and the instructor and shall
submit a report to the Vice President of Academic Affairs or designee.
b)If the instructor fails to appear at the time and place
scheduled for the hearing, without advance notice and/or reasonable
explanation, the hearing shall proceed to its conclusion as though the
instructor was present.
c)If it is determined by the Committee Chair that either
the student or the instructor failed to appear because of circumstances beyond
his/her control, the Committee may take whatever action it deems appropriate to
ensure fairness.
8.The Committee shall consider only the issues and
evidence submitted during the hearing. The Committee may request either party
to present additional evidence or testimony during the hearing which would
assist the Committee in arriving at a fair and impartial conclusion.
9.Both the student and the instructor shall have the
following rights:
a)To be present during the hearing.
b)To be confronted with all evidence received by the
Committee, whether oral or documentary.
c)The opportunity to challenge or to rebut such evidence.
d)To submit evidence on behalf of their own position.
e)The opportunity to submit a summary argument and to
respond to the argument of the opposing party.
Section 9:
Upon conclusion of the Hearing, the Committee shall
deliberate in private and shall arrive at a decision by majority vote. There is
a presumption that the grade assigned by the instructor of record or the
academic decision made by the department, college or university is correct.
Thus the burden of proof to the contrary rests with the student who is
appealing. In order to find in favor of the student, the Committee must reach a
conclusion that the original grade was incorrectly or improperly assigned OR
that the original academic decision was based on inconsistent, unfair, or
inequitable application of existing university procedures and policies.
Section 10:
In the event the Committee concludes that a change of
grade should be effected, the faculty members on the Committee shall arrive at
a decision to what grade should be assigned. In arriving at a grade change
decision, the Committee may consult with qualified faculty. * If the grade
change requires a reevaluation of the student's course work, then the Committee
must consult with qualified faculty.
1.The student members of the Committee shall not
participate in the assignment of grades.
2.Both faculty and students may participate in reaching
conclusion for other types of academic decisions which have been appealed.
*Qualified faculty" means one or more persons with
academic training comparable to the instructor of record who are presently on
the faculty at the campus.
Section 11:
The Chair of the Hearing Committee shall notify the Vice
President of Academic Affairs or designee in writing of the decision and reason
the hearing is denied within five (5) instructional days following conclusion
of the Hearing. All records pertaining to the Hearing shall be deposited and
retained in the Office of the Vice President of Academic Affairs or designee.
1.The Vice President of Academic Affairs or designee
shall notify the student, the instructor, and College Dean of the decision of
the Hearing Committee.
2.In the event the decision of the committee is to change
the assigned grade, and the instructor of record is unwilling or unable to
assign the new grade, the faculty members on the Hearing Committee shall
complete and sign the change of grade form. The Vice President for Academic
Affairs or designee shall ensure that the grade on the student's permanent
record is changed.
Section 12:
1.Either the student or the instructor may appeal the
decision of the Hearing Committee to the University President. The sole basis
of such an appeal shall be that the Committee so substantially departed from
the guidelines and procedures set forth herein as to have seriously
prejudiced the outcome of the hearing.
2.The President may:
a)Reject the appeal; or
b)Direct the Hearing Committee to reconsider the case,
correcting the prior error, and submit a report to the President.
3.If no procedural error exists, the decision of the
Hearing Committee shall be final.
4.If reconsideration does not remove the error or results
in other errors the university level procedures shall be initiated anew.
Section 13:
The Office of the Vice President of Academic Affairs or
designee shall retain the records of the grade appeal hearing for a period of
three (3) calendar years.
Section 14:
The Academic Grievance Panel annually shall report to the
President of the University and to the Faculty Senate on the number of grade
appeal hearings requested and the disposition of each case.
ARTICLE IV
All persons involved in the proceedings are required to
maintain confidentiality, to be accurate and truthful in all statements and
evidence submitted, and to comport themselves in an orderly fashion. Any
violation of these requirements shall constitute grounds for University
disciplinary action.
Rev. I approved by the Faculty Senate 5125/71Rev. II
approved by the Faculty Senate 12/14/71Rev. II reviewed by the Academic Council
12/20/71Rev. III approved w/editorial changes by the Faculty Senate 5/21/74Rev.
III reviewed by the Academic Council 5/30/74Rev. IV approved w/editorial
changes by the Faculty Senate 5/13/80Rev. IV reviewed by the Academic Council
5/19/80Rev. V approved by the Faculty Senate April 2, 1985Rev. V reviewed by
the Council of Academic Deans 4/16/85Rev. VI reviewed by Faculty Senate 6/1/99Rev.
VI reviewed by the Council of Academic Affairs Council 12/9/99
Rev VII reviewed by
Faculty Senate DATE
Rev VII reviewed by the Council of Academic Affairs Date
FSD 69-41.86
FSD 69 41.86.R7
Approved by the
Faculty Senate
Dorothy
Chen-Maynard, Chair Date
Reviewed by the
Academic Affairs Council
Louis Fernández, Provost and Date
Vice President for Academic Affairs
Approved by the
President
Albert K. Karnig Date
Appendix to FSD
03-02 EPRC
Reporting Form to
Judicial Affairs for Academic Dishonesty
Please refer to
FSD 03-02 regarding Academic Dishonesty (link to document)
Name of faculty member completing the
form: _____________________________
Contact information: e-mail address: ______________ phone
extension: ______________
Department:
________________ Course
Number: _______________
Course Title:
_________________________________________________
Academic quarter:
Fall Winter Spring
Summer Year: _______________
Name of Student:
__________________________ Student ID Number: _____________
Summary of the academic dishonesty issue
including cheating or plagiarism:
Did the instructor, to his/her
satisfaction, solve the problem? __Yes
__No
Briefly describe action taken by the
faculty member:
Recommendation to the Judicial Affairs
Officer (JAO) as to whether or not additional action should be considered:
Thank you for
completing this form and the information submitted will be kept confidential by
the JAO. Faculty member needs to keep
all evidence on academic dishonesty for a minimum of one year period.
To submit the
form to the Vice President of Student Affairs (VPSA) or designee for JAO,
please hit the “submit” button below. If
you prefer to hand deliver this form, you may print it out and take it to
Office of VPSA, University Hall 231, 537-5185, Ext. 75185, email address
"stucondu@csusb.edu”
Note: This form is developed to be in compliance with Chancellor’s Office Executive Order 969. Also as per the policy, JAO can initiate student conduct action based on the report of the faculty member. Even if the student starts an academic grievance to contest the faculty member’s decision, that does not prevent JAO from taking action immediately. However, if the JAO learned that the student started a grievance and faculty member’s decision is based on questionable evidence, JAO might delay taking action until the second level of review in the grievance, e.g. meeting of student, faculty member, chair and dean’s representative. JAO would need to be able to talk to the members of the second level review after the meeting about their evaluation of the information presented and to determine if the faculty member was persuaded to change his/her decision.