CON Procedures for Handling Undergraduate Student Appeals of Academic Evaluations: Difference between revisions

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         <td valign="top" width="60%">Responsible Reviewing Agency:<br /><div style="margin-left:3em; line-height:1.2;">Academic Review Committee</div></td>
         <td valign="top" width="60%">Responsible Reviewing Agency:<br /><div style="margin-left:3em; line-height:1.2;">Undergraduate Academic Review Committee<br />Faculty Coordinating Council<br />General Faculty Organization</div></td>
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     <td colspan="2" valign="top">Related documents:<br /><div style="margin-left:3em; line-height:1.2;">5.2.19 Undergraduate Student Grade Appeal<br />4.1.6 Undergraduate Academic Review Committee Rules of the Faculty Organization<br />Appeals of Academic Evaluations<br />University Student Code of Conduct</div></td>
     <td colspan="2" valign="top">Related documents:<br /><div style="margin-left:3em; line-height:1.2;">[[CON Undergraduate Student Grade Appeal|5.2.19 Undergraduate Student Grade Appeal]]<br />[[CON Undergraduate Academic Review Committee Rules of the Faculty Organization|4.1.6 Undergraduate Academic Review Committee Rules of the Faculty Organization]]<br />Appeals of Academic Evaluations<br />University Student Code of Conduct</div></td>
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<!-- <p>'''This policy is currently under revision.  Please refer to the earlier version linked in the header until this work is complete.'''</p>-->
===Policy:===
===Policy:===
<p style="margin-bottom:15px;max-width:70em !important;">Paragraph 5.3 of the [http://nebraska.edu/docs/board/bylaws.pdf Bylaws of the Board of Regents] provides in part as follows: Each college or school shall provide for a faculty-student appeals committee for students who believe that evaluation of their academic progress has been prejudiced or capricious. Such procedure shall provide for changing of student's evaluation upon the committee's finding that an academic evaluation by a member of a faculty has been improper. See also UNMC College of Nursing Policies: [[CON Academic Review Committee Rules of the Faculty Organization|4.1.6 Academic Review Committee]] and [[CON Undergraduate Student Grade Appeal|5.2.19 Undergraduate Student Grade Appeal]].</p>
<p style="margin-bottom:15px;max-width:70em !important;">Paragraph 5.3 of the Bylaws of the Board of Regents provides in part as follows: Each college or school shall provide for a faculty-student appeals committee for students who believe that evaluation of their academic progress has been prejudiced or capricious. Such procedure shall provide for changing of student's evaluation upon the committee's finding that an academic evaluation by a member of a faculty has been prejudiced or capricious. </p>
<p style="margin-bottom:15px;max-width:70em !important;">In accordance with the foregoing the faculty of each college or school constituting a part of the University of Nebraska Medical Center shall adopt a method for creating a faculty-student appeals committee. Such committee shall consist of at least four members, including the chair, selected from the academic review committee, and shall include at least one student representative. The chair of the committee shall be selected in such manner as the faculty of the college or school determines and shall in all cases vote as a member of the committee. The committee may adopt such rules as it deems necessary or advisable provided they are not inconsistent with these guidelines.</p>
<p style="margin-bottom:15px;max-width:70em !important;">See also UNMC College of Nursing Policies: 4.1.6 Academic Review Committee and 5.2.19 Undergraduate Student Grade Appeal. Please note: A student looking at this procedure should also look at the full University Student Code of Conduct and Appeals of Academic Evaluations. </p>
<p style="margin-bottom:15px;max-width:70em !important;">The committee may be given such name as the college or school selects (e.g., grade appeals committee, etc.), but as used in these guidelines the term committee shall mean the faculty-student appeals committees referred to in paragraph 5.3 of the Bylaws of the Board of Regents. The committee shall have no other function than to investigate and/or hear appeals involving grades and other academic evaluations, except that in the case of the Graduate College, the faculty-student appeals committee may include the voting membership of the Campus Graduate Council.</p>
===Procedure Definitions:===
 
<ul style="max-width:67em !important;">
<p style="margin-bottom:15px;max-width:70em !important;">The committee of the college or school in which a particular course is offered shall have jurisdiction of all appeals by students whose appeal concerns a grade or academic evaluation involving that course. In matters involving a dual listed course, the committee of the college or school granting admission to the course shall handle any appeal.</p>
    <li style="margin-bottom:15px;">'''University Day:''' Various deadlines are stated in days. The term “University Day” means a weekday during which the campus offices are open. Check the academic calendar on the campus website to determine the days during which the campus offices are closed. </li>
<!--
    <li style="margin-bottom:15px;">'''E-mail Address of Record:''' The “e-mail address of record.” means the student’s University assigned e-mail address. Because important notices may be sent to students by e-mail, it is extremely important that students make sure they check that email regularly. Delivery Receipt with University email is confirmation of the email being received and will be considered as the official date of delivery. </li>
<p style="margin-bottom:15px;max-width:70em !important;">The committee shall not have jurisdiction over appeals by students where disciplinary action is proposed because of violation of law or of university rules or regulations, disruptive or insubordinate behavior, or academic dishonesty such as cheating or plagiarism. Such matters are the jurisdiction of the college or schools student discipline hearing board.</p>
    <li style="margin-bottom:15px;">'''Undergraduate Academic Review Committee (UG-ARC):''' a committee of 10 undergraduate faculty chosen by the general faculty to conduct all committee functions related to academic appeals. </li>
-->
    <li style="margin-bottom:15px;">'''Undergraduate Academic Review Committee (UG-ARC) Hearing Board:''' is made up of 4 faculty drawn from a pool of 10 elected faculty from the UG-ARC. The UG-ARC Hearing Board also includes 1 student to create a 5-member committee. </li>
<p style="margin-bottom:15px;max-width:70em !important;">In any matter involving an appeal by a student, neither the Dean of the college or school nor the instructor whose grade or evaluation is being questioned nor the assistant dean of the division involved shall serve on the committee. The Dean shall designate temporary replacement on the committee if necessary. Questions of procedure by either the student or faculty may be referred to the Undergraduate program director.</p>
    <li style="margin-bottom:15px;">'''Undergraduate Academic Review (UG-ARC) Chair:''' A UG-ARC Chair will be chosen from the 10-undergraduate faculty of the committee at the fall biannual meeting. The UARC Chair will conduct all hearing board meetings but will not be a voting member of the UARC Hearing Board.</li>
 
</ul>
====Appeal of Academic Evaluation====
 
<p style="margin-bottom:15px;max-width:70em !important;">Students desiring to appeal a grade or an evaluation of their academic progress, not involving academic dismissal or suspension, shall proceed as follows:</p>


===Procedure Steps:===
<ol style="max-width:67em !important;">
<ol style="max-width:67em !important;">
     <li style="margin-bottom:15px;">A student who believes that his/her grade or evaluation is the result of prejudice or caprice or is otherwise improper shall first discuss the matter directly with the instructor involved. If the student and instructor do not reach a satisfactory agreement, the student may appeal either orally or in writing to the Division Assistant Dean in which the course is offered. If the student and Division Assistant Dean do not reach a satisfactory agreement, the student may submit within two weeks following reporting or posting of the grade or evaluation in question, an appeal in writing to the chair of the Academic Review Committee. If the student finds it impossible to complete discussions with the course instructor and Division Assistant Dean within the two-week period, he/she should notify the chair of the Academic Review Committee of the need for additional time, and the chair shall extend the appeal period by an appropriate number of days.</li>
     <li style="margin-bottom:15px;">Course Faculty/ Coordinator receives notice from the student immediately after receiving the grade alleged to be capricious or prejudiced, that the student wants to informally discuss the grade. </li>
     <li style="margin-bottom:15px;">At the time of the meeting with the Division Assistant Dean, the Division Assistant Dean should provide the student with a printed copy of the Academic and Professional Performance Policies section of the current UNMC Student Handbook. The Division Assistant Dean should have the student sign and date a copy of these pages to be forwarded to the Chair of the Academic Review committee to be included in the archive of all files pertaining to the grade appeal at the conclusion of the process.</li>
    <li style="margin-bottom:15px;">Faculty and student meet to discuss the grading with the student presenting the information regarding why the grading is believed to be capricious and or prejudiced.  
     <li style="margin-bottom:15px;">The written appeal submitted to the chair of the committee should provide an account of the facts pertinent to the awarding of the grade and the reasons why the student believes the grade or evaluation to be the result of prejudice or caprice or otherwise improper. The student should be as specific as possible. If the student wishes to appear personally before the committee, he or she should include a statement to the effect. The committee may, but shall not be required to, grant such a request.</li>
          <ol type="a" style="max-width:67em !important;">
    <li style="margin-bottom:15px;">Upon receiving the students written statement, the chair of the committee shall select from committee members to serve on a grade appeal committee. The called committee will consist of the chairperson, three faculty, and one student. The student representative will be from the Division from which the appeal originates, and will have successfully completed the course under appeal. If a student is appealing more than one grade in separate courses or if a student is appealing both an academic appeal and a disciplinary appeal, the chairperson will select two separate committees to hear the appeals.</li>
              <li>If a satisfactory agreement cannot be made, the student may appeal in writing to the Undergraduate Academic Review Committee (UG-ARC) chair. </li>
    <li style="margin-bottom:15px;">Upon receiving the students written statement, the chair of the committee shall forward copies to the committee members and to any faculty member involved. The chair of the committee will request from such faculty member the materials used to determine the grade or evaluation being challenged. The committee may also request clarification in writing or by interview from either the student or the faculty member. Any document produced during interview will be provided to the other party. The committee may investigate the matter without interviewing either party, or may interview both parties in the case separately. Anything provided to the committee in written form must be provided to the other party.</li>
          </ol>
    <li style="margin-bottom:15px;">If the committee decides to grant the request of the student to appear before it, the student will be given reasonable notice of the time and place of the hearing. The hearing need not be conducted according to the rules of the law relating to the examination of witnesses or presentation of evidence. Any evidence may be admitted by the chair, if in his/her discretion it is deemed to be relevant to the appeal.</li>
    </li>
    <li style="margin-bottom:15px;">In any appearance before the committee, the student may be assisted by an advisor of choice at her/his own expense if he/she has informed the chair of the name of the advisor at least 24 hours before the hearing. The role of the advisor shall be limited to assisting the student and, unless the chair of the committee specifically permits, the advisor may not directly question witnesses or otherwise participate in the proceedings. The committee may have the assistance of counsel for the University to advise the committee on procedural and other matters. The committee chair shall direct the questioning of witnesses and determine the order of presentation of any testimony or other evidence. The chair shall insure that the student, the faculty member involved, and all other witnesses are treated fairly and that no witness is intimidated or harassed. The chair shall have authority to recess the proceedings from time to time in the interest of convenience and justice.</li>
     <li style="margin-bottom:15px;">The student may request to meet informally to discuss the appeal with the program director in which the course is offered after meeting with the faculty member involved/course coordinator.</li>
     <li style="margin-bottom:15px;">In all cases the student shall be advised that the burden is upon him/her to show by the weight of the evidence that the grade or academic evaluation of which he/she complains was the result of prejudice or caprice or was otherwise improper.</li>
<!-- 4. -->
    <li style="margin-bottom:15px;">At any time during the appeal process the student shall be entitled to examine his/her entire school file and shall also be entitled to a copy of the materials relating to the student which were used by the faculty member or members in determining the students grade or evaluation. All documents provided to the student will be listed and hand delivered at the College by the chairperson of the committee or a person whom the chairperson designates to deliver the documents. Each document will be signed for as having been received by the student.</li>
     <li style="margin-bottom:15px;">The student sends a written request to the UG-ARC Chair requesting an appeal. With this request,
     <li style="margin-bottom:15px;">The committee shall appoint some person, who may or may not be a member of the committee, to act as secretary of the committee. The secretary shall keep minutes of committee proceedings. All hearings will be recorded. A verbatim transcript of testimony will be required in hearings involving academic suspension or dismissal. The student may record at personal expense any hearing or proceeding of the committee at which he/she is present.</li>
          <ol type="a" style="max-width:67em !important;">
<!--
              <li>The student is required to submit the written evidence to the UG-ARC Chair, no later than 10 University days after the challenged grade was posted or received </li>
     <li style="margin-bottom:15px;">The chairperson of the Academic Review Committee will identify individuals who are at risk for academic suspension or dismissal (as outlined in policy [[CON Undergraduate Academic Probation, Suspension, Dismissal, Withdrawal Policy|5.2.23 Undergraduate Academic Probation, Suspension, Dismissal, Withdrawal Policy]]). In such cases, the procedures for appeals involving academic dismissal or suspension will be followed.</li>
              <li>The student will be required to:
-->
<!--START of B -->                 
        </ol>
                    <ol type="i" style="max-width:64em !important;">
                        <li>Formally request an academic appeal by the UG-ARC </li>
                        <li>Provide written evidence with example utilizing one or both terms (prejudiced, capricious) to determine if there is just cause for the academic review/appeal.
                              <ol type="a" style="max-width:61em !important;">
                                  <li>This documentation must include basic demographics and a specific description of the faculty's behavior with specific example(s) of capricious and/or prejudiced behaviors </li>
                                            <li>State a list of witnesses which are UNMC students or faculty. </li>
                                            <li>The name of a faculty advisor the student has chosen (if a faculty advisor is chosen) </li>
                                            <li>A request for additional time if needed. </li>
                                            <li>A request to appear before the committee, if needed.
                                                  <ol type="i" style="max-width:55em !important;">
                                                      <li>The student is also required in this written information to include a request to appear personally before the committee if the student wishes to do so and if a hearing is granted. </li>
                                                      <li>Include any request for additional time if appropriate which must address consideration related to the start of the next semester. </li>
                                                  </ol>
                                            </li>
                                        </ol>
                                  </li>
                              </ol>
<!--END of B -->                       
              </li>
              <li>Upon receiving the student’s request for appeal, the UG-ARC Chair will provide the student with an electronic link to the Academic and Professional Performance Policies section of the current UNMC Student Handbook via the student’s UNMC email.
                    <ol type="i" style="max-width:64em !important;">
                        <li>Delivery Receipt with University email will serve as confirmation that the student has received this information. </li>
                    </ol>
              </li>
<!-- START 4 d. -->
              <li>The UG-ARC Chair receives the appeal request and chooses 4 subcommittee faculty members and 1 student member for the UG-ARC Appeal Hearing Board. This UG-ARC Hearing Board is assigned to the specific student appeal.  
                <ol type="i" style="max-width:64em !important;">
                        <li>The UG-ARC Hearing Board will decide if the hearing will be held, or not, and have the choice to review information in closed session.  
                              <ol type="a" style="max-width:61em !important;">
                                  <li>Faculty may appear if desired or called to testify, may present prior submitted evidence, and answer questions from the UG-ARC Hearing Board.</li>
                              </ol>
                        </li>
                        <li>When the UG-ARC Hearing Board determines a hearing is warranted:
                              <ol type="a" style="max-width:61em !important;">
                                  <li>The student will appear, if requested by the UG-ARC Hearing Board and if requested by the student. </li>
                                  <li>The student faculty advisor may be present at the hearing but may not actually participate in the proceedings unless the UG-ARC chair specifically permits.</li>
                                  <li>Faculty may appear if desired or called to testify, may present prior submitted evidence, and answer questions from the UG-ARC Hearing Board.<ol type="1"><li>Faculty may also refuse any listed items in 4 (d) b (iii).</li></ol>                                       
                                  </li>
                                  <li>The UG-ARC Hearing Board members may question witnesses.<ol type="1"><li>Witness must be UNMC students or faculty and a list must be provided to the UG-ARC Chair by the date set for submission of materials. </li></ol>
                                  </li>
                              </ol>
                        </li>
                        <li>The UG-ARC Hearing Board will determine a hearing will be held in the case of academic dismissal or suspension.
                              <ol type="a" style="max-width:61em !important;">
                                  <li>The Dean will be consulted in the case of academic dismissal or suspension </li>
                                  <li>The student and faculty will appear in the case of academic dismissal or suspension </li>
                                  <li>The student faculty advisor may be present at the hearing but may not actually participate in the proceedings unless the UG-ARC chair specifically permits. <ol type="i"><li>Faculty called to testify, may present prior submitted evidence, and answer questions from the UG-ARC Hearing Board.</li><li>The UG-ARC Hearing Board members may question witnesses.<ol type="1"><li>Witness must be UNMC students or faculty and a list must be provided to the UG-ARC Chair by the date set for submission of materials. </li></ol></li></ol>
                                  </li>
                              </ol>
                        </li>
                    </ol>                 
              </li>
              <li>UG-ARC Hearing Board proceedings will be conducted as confidential proceedings.
                  <ol type="i" style="max-width:64em !important;">
                        <li>At any time during the appeal process, the student will be entitled to examine the student’s school file and any materials which were used in determining the challenged grade.</li>
                  </ol>
              </li>
              <li>A majority vote of the UG-ARC Hearing Board will determine the appeal outcome. </li>
              <li>The student requesting the academic appeal will receive a decision on the appeal and, if a hearing is held, the student will receive a digital copy of the hearing, which will be considered the official copy.
                  <ol type="i" style="max-width:64em !important;">
                        <li>When there is a hearing, the student may record, at their own expense, any hearing or proceeding at which the student is present, but this will not be recognized as an official recording. </li>
                  </ol>
              </li>
              <li>The UG-ARC Hearing Board Chair shall submit the report and conclusions of the appeal in writing to the Undergraduate Program Director within 5 days after determining the final decision.  
                  <ol type="i" style="max-width:64em !important;">
                        <li>The UG-ARC Chair will notify the student and the faculty. The Undergraduate Program Director will notify the Division Assistant Dean, the Associate Dean of Academic Programs, and the Dean.</li>
                  </ol>
              </li>
          </ol>
    </li>
<!-- 5 -->
     <li style="margin-bottom:15px;">UG-ARC Hearing Board may decide:
          <ol type="a" style="max-width:67em !important;">
              <li>Deny the appeal due to not meeting criteria and can conclude the student’s appeal is denied.
                    <ol type="i" style="max-width:64em !important;">
                        <li>Determine there is no basis for the appeal and that the weight of the evidence that the grade/evaluation was capricious or prejudiced was not met. This outcome upholds the faculty issued grade/evaluation. </li>
                        <li>If the UG-ARC Hearing Board determines if a hearing is not warranted, the UG-ARC Chair will follow notification process listed in 4 (h)</li>
                    </ol>
              </li>
              <li>Agree to have the hearing without the student present and no witnesses allowed
                    <ol type="i" style="max-width:64em !important;">
                        <li>The UG-ARC Hearing Board can meet in closed session to review all submitted confidential materials. </li>
                        <li>The UG-ARC Hearing Board can conclude the student’s appeal is not warranted and the grade issued stands. </li>
                        <li>The UG-ARC Hearing Board can conclude that the student’s appeal will be supported and request the grade/evaluation be supported and direct faculty to reinstate the grade. </li>
                        <li>The UG-ARC Chair will follow the notification process listed in 4 (h). </li>
                    </ol>
              </li>
              <li>Agree to have the hearing and have the student and witnesses present
                    <ol type="i" style="max-width:64em !important;">
                        <li>The UG-ARC Appeals Hearing Board can conclude the student’s appeal will be denied and the grade issued stands. </li>
                        <li>The UG-ARC Hearing Board can conclude the student’s appeal will be supported and request the grade/evaluation be supported and direct faculty to reinstate the grade. </li>
                        <li>The UG-ARC Chair will follow the notification process listed in 4 (h). </li>
                    </ol>
              </li>
          </ol>
    </li>
     <li style="margin-bottom:15px;">The student can appeal to the Dean of the College of Nursing if the academic appeal is denied. </li>
     <li style="margin-bottom:15px;">The faculty can appeal to the Dean of the College of nursing if the academic appeal is denied. </li>
</ol>


====Appeal of Academic Evaluation Involving Academic Dismissal or Suspension====
===Additional Procedural Details for the Hearing:===
 
<p style="margin-bottom:15px;max-width:70em !important;">Students desiring to appeal a grade or an evaluation of their academic progress which involves academic dismissal or suspension shall be subject to the rules prescribed above with the following exceptions and additions:</p>
<ol style="max-width:67em !important;">
<ol style="max-width:67em !important;">
     <li style="margin-bottom:15px;">A student who is dismissed or suspended for academic reasons shall be given notice in writing of the dismissal or suspension by the Dean of the college or school involved. The notice shall state the reasons for the action taken and the effective date of the dismissal or suspension.</li>
     <li style="margin-bottom:15px;">The UG-ARC and UG-ARC Hearing Board must conduct the hearing in a manner that facilitates the presentation of relevant evidence and in accordance with the policies related to UNMC College of Nursing.
     <li style="margin-bottom:15px;">If the student desires to appeal a course grade or an evaluation of academic progress which led to the dismissal or suspension, the student shall, within two weeks from receiving the notice from the Dean, file an appeal in writing with the chair of the Academic Review Committee. The appeal should state all facts pertinent to the appeal and should be as specific as possible concerning the students position. If the student wishes to appear personally before the committee, he/she should include a statement to that effect and the committee shall grant such request. In such case, the student shall be given reasonable advance notice of the time and place of hearing. The student may be represented by an advisor of choice who may assist the student but who may not question witnesses or otherwise participate in the proceedings unless the chair of the committee specifically permits. The name of the students advisor shall be supplied to the committee chair at least 24 hours before the hearing. Any expense incurred in securing an advisor will be assumed by the student. The committee shall not be required to grant a hearing at which both the student and faculty member(s) involved are present at the same time.</li>
          <ol type="a" style="max-width:64em !important;">
    <li style="margin-bottom:15px;">At the hearing conducted by the committee (if one has been requested by the student), the student shall first present his/her reasons for believing that the grade or academic evaluation which led to dismissal or suspension was the result of prejudice or caprice or was otherwise improper. The student may use any relevant evidence deemed proper, including affidavits, exhibits and oral testimony. The committee has no subpoena powers and cannot compel the attendance of witnesses before it. Therefore, the responsibility of procuring any desired witnesses on his/her behalf rests solely with the student.</li>
              <li>The UG-ARC committee is only required to vote to grant or dismiss the appeal. </li>
     <li style="margin-bottom:15px;">Any recommendations of the committee will be based solely on the results of its investigation and, if a hearing has been held, the evidence presented at the hearing.</li>
          </ol>
     <li style="margin-bottom:15px;">The student, if he/she wishes, will be allowed to record at personal expense any hearing at which he/she is present, and the student shall also have access to the official recording of the proceedings under such conditions as the committee may prescribe.<br /><br />At the conclusion of its investigation (or, if a hearing has been held at the request of the student, within a reasonable time after the hearing) the committee shall determine whether the student has sustained the burden of proving by the weight of the evidence that the grade or academic evaluation complained of was the result of prejudice or caprice or was otherwise improper. If the committee finds by a majority vote of the entire committee, taken by secret ballot, that the student has sustained such burden, the committee shall submit its report and conclusions to the Dean and to the student involved. Thereupon the students grade or evaluation shall be changed by order of the Dean in accordance with the committees report and the matter shall be concluded. If the student has been dismissed or suspended, and the change in the grade or evaluation removes the cause for academic dismissal or suspension, the student shall be reinstated and shall be given reasonable opportunity to make up any academic work missed. If conditions of subsequent performance accompany the reinstatement, those shall be communicated to the student.<br /><br />If the committee finds that the grade or academic evaluation complained of was not the result of prejudice or caprice or otherwise improper, the committee shall likewise submit its report and conclusions to the Dean and to the student involved. In such case the student may, within ten days, submit an appeal in writing to the Dean setting forth any reasons he/she may have for believing he/she was not accorded a fair hearing by, or given a reasonable opportunity to present his/her case to the committee. The Dean shall make such a review of the record and of the facts of the case as he/she deems appropriate and, at his/her discretion, may interview the student and such other persons as the dean desires. The Deans review, however, shall be limited to matters of procedure and fairness and shall not involve the merits of the case. If the Dean desires, he/she may be assisted by counsel for the University. The Dean shall then either affirm the findings of the committee or, if he/she concludes that the student was denied proper procedural safeguards, shall direct the committee to conduct a rehearing either in whole or in part. The decision of the Dean shall in all cases be final and no appeal may be taken therefrom.<br /><br />In the event that the committee decides that the grade or other academic evaluation should be changed, the faculty member who issues the grade or evaluation may appeal to the Dean if he or she feels that the procedures used by the committee were improper or that the committee did not properly consider all of the evidence. The Dean shall then review the record and the facts of the case as he/she would for a student appeal, as provided in the preceding paragraph, and may return the matter to the committee for reconsideration. The decision of the dean shall in all cases be final.
    </li>
</li>
    <li style="margin-bottom:15px;">The UG-ARC Hearing Board has the discretion to allow the use of a question-and-answer format or allow a witness to make an oral statement about what the witness knows about the matter. </li>
    <li style="margin-bottom:15px;">Any materials pertaining to the Grade Appeal (e.g., documents, transcripts, tapes, etc.) will be kept for one year following the conclusion of the grade appeals or graduation, whichever occurs later, in the Undergraduate program director’s office.</li>
    <li style="margin-bottom:15px;">The UG-ARC Hearing Board may then ask questions to clarify what the witness said or to elicit more detailed information. </li>
     <li style="margin-bottom:15px;">The UG-ARC Hearing Board has the discretion to question the witnesses directly or to require the parties to submit answers to questions asked by the UG-ARC Hearing Board. </li>
    <li style="margin-bottom:15px;">In exercising this discretion, the UG-ARC Hearing Board should consider all the relevant circumstances, including whether there is animosity between the Respondent and the witness, and whether direct questioning would be more efficient or would better enable the presentation of information.
          <ol type="a" style="max-width:64em !important;">
              <li>UG-ARC will consider and support faculty’s academic freedom in relation to the course being taught.</li>
          </ol>
    </li>
    <li style="margin-bottom:15px;">The UG-ARC Hearing Board has the discretion to:
          <ol type="a" style="max-width:64em !important;">
              <li>allow the identified parties to make opening statements, closing statements, or both, with reasonable time limits </li>
              <li>The student has the right to be accompanied by a faculty advisor when the student meets with the UG-ARC Hearing Board; and
                    <ol type="i" style="max-width:61em !important;">
                        <li>that the student may choose anyone as the advisor, including an attorney, but that the student is responsible for any fees that the advisor may charge.</li>
                        <li>The student’s advisor may provide guidance to the student but may not otherwise directly participate during the proceedings. The student’s advisor may not speak on behalf of the student during the hearing and may not directly participate in any aspect of the hearing.  
                              <ol type="1" style="max-width:61em !important;">
                                    <li>Non-compliance with directions from the UG-ARC Hearing Board will result in the student’s advisor being asked to leave the hearing. </li>
                              </ol>
                        </li>
                    </ol>
              </li>
              <li>allow witnesses to testify by videoconferencing technology </li>
              <li>require that the witnesses who have not yet testified wait somewhere other than the hearing room until they are called to testify</li>
              <li>remind the student that there is one designated date that materials can be submitted to support that student's defense.
                    <ol type="i" style="max-width:61em !important;">
                        <li>If such information was not reasonably previously known to the student prior to the deadline, that information may be forwarded to the UG-ARC Hearing Board, who shall decide the relevance and admissibility of that information. </li>
                        <li>Prior to the decision the UG-ARC Hearing Board may consult the University regarding the relevance and admissibility of that information. </li>
                    </ol>
              </li>
          </ol>
    </li>
     <li style="margin-bottom:15px;">Within 5 University days of the conclusion of the hearing, the UG-ARC Hearing Board will determine whether the appeal has been sustained by the evidence. </li>
     <li style="margin-bottom:15px;">The UG- ARC Hearing Chair will send a report and conclusions via university email with the final decision to:
          <ol type="a" style="max-width:64em !important;">
              <li>The student. </li>
              <li>The faculty member/course coordinator </li>
              <li>The Undergraduate Program Director</li>
              <li>The Division Assistant Dean</li>
              <li>The Associate Dean of Academic Programs who will notify the Dean. </li>
          </ol>
    </li>
    <li style="margin-bottom:15px;">A verbatim recording of the hearing must be maintained and included in the report.
          <ol type="a" style="max-width:64em !important;">
              <li>UG-ARC reports and information will be housed in Associate Dean's Office for a minimum of one year following the conclusion of the grade appeal or graduation, whichever occurs later. </li>
              <li>Each report will be placed in the CON Student's File and on the student's transcript when required by policy.</li>
          </ol>
    </li>
    <li style="margin-bottom:15px;">The student will have 10 University days to respond to the UG-ARC Hearing Board’s final decision via university email to the UG-ARC Chair.  
          <ol type="a" style="max-width:64em !important;">
              <li>If no written response from the student is received during this timeframe, the Appeals Hearing Board decision will be considered final. </li>
              <li>If the student’s written response is debating the decision of the UG-AC Hearing Board, the student will be directed to the procedures to follow in the appeal to the Dean of the College of Nursing.  
                    <ol type="i" style="max-width:61em !important;">
                        <li>The Dean will review the record of the investigation and the facts to determine if the appeal procedure has been fair and thorough. The Dean may then either affirm the findings of the committee or direct the committee to conduct a reinvestigation or rehearing either in whole or in part. </li>
                        <li>The decision of the Dean is final, and no further appeal may be made. </li>
                    </ol>
              </li>
              <li>If the Faculty involved in the appeal do not agree with the Appeals Hearing Board, then the faculty will be directed to the procedures to follow in an appeal to the Dean of the College of Nursing.  
                    <ol type="i" style="max-width:61em !important;">
                        <li>The Dean will review the record of the investigation and the facts to determine if the appeal procedure has been fair and thorough. The Dean may then either affirm the findings of the committee or direct the committee to conduct a reinvestigation or rehearing either in whole or in part. </li>
                        <li>The decision of the Dean is final, and no further appeal may be made. </li>
                    </ol>
              </li>
          </ol>
    </li>
</ol>
</ol>
<p style="margin-bottom:15px;max-width:70em !important;"><small><em><sup>1</sup> (Adapted from Procedural Guidelines for Handling Student Appeals of Academic Evaluation, Feb. 1979, May 1991)<br /><br />
Brought to General Faculty Organization 12/15/03; 9/15/08</em></small></p>

Latest revision as of 14:39, August 6, 2022

Home   Appendices                    


UNIVERSITY OF NEBRASKA MEDICAL CENTER
COLLEGE OF NURSING
Procedures For Handling Undergraduate Student Appeals Of Academic Evaluations Subsection: Appendix N
Section 5.0 - Appendices Originating Date: May 1991
Responsible Reviewing Agency:
Undergraduate Academic Review Committee
Faculty Coordinating Council
General Faculty Organization
Revised: December 2003
Revised: September 2008
Revised: May 2015
Revised: May 2022
Related documents:


Policy:

Paragraph 5.3 of the Bylaws of the Board of Regents provides in part as follows: Each college or school shall provide for a faculty-student appeals committee for students who believe that evaluation of their academic progress has been prejudiced or capricious. Such procedure shall provide for changing of student's evaluation upon the committee's finding that an academic evaluation by a member of a faculty has been prejudiced or capricious.

See also UNMC College of Nursing Policies: 4.1.6 Academic Review Committee and 5.2.19 Undergraduate Student Grade Appeal. Please note: A student looking at this procedure should also look at the full University Student Code of Conduct and Appeals of Academic Evaluations.

Procedure Definitions:

  • University Day: Various deadlines are stated in days. The term “University Day” means a weekday during which the campus offices are open. Check the academic calendar on the campus website to determine the days during which the campus offices are closed.
  • E-mail Address of Record: The “e-mail address of record.” means the student’s University assigned e-mail address. Because important notices may be sent to students by e-mail, it is extremely important that students make sure they check that email regularly. Delivery Receipt with University email is confirmation of the email being received and will be considered as the official date of delivery.
  • Undergraduate Academic Review Committee (UG-ARC): a committee of 10 undergraduate faculty chosen by the general faculty to conduct all committee functions related to academic appeals.
  • Undergraduate Academic Review Committee (UG-ARC) Hearing Board: is made up of 4 faculty drawn from a pool of 10 elected faculty from the UG-ARC. The UG-ARC Hearing Board also includes 1 student to create a 5-member committee.
  • Undergraduate Academic Review (UG-ARC) Chair: A UG-ARC Chair will be chosen from the 10-undergraduate faculty of the committee at the fall biannual meeting. The UARC Chair will conduct all hearing board meetings but will not be a voting member of the UARC Hearing Board.

Procedure Steps:

  1. Course Faculty/ Coordinator receives notice from the student immediately after receiving the grade alleged to be capricious or prejudiced, that the student wants to informally discuss the grade.
  2. Faculty and student meet to discuss the grading with the student presenting the information regarding why the grading is believed to be capricious and or prejudiced.
    1. If a satisfactory agreement cannot be made, the student may appeal in writing to the Undergraduate Academic Review Committee (UG-ARC) chair.
  3. The student may request to meet informally to discuss the appeal with the program director in which the course is offered after meeting with the faculty member involved/course coordinator.
  4. The student sends a written request to the UG-ARC Chair requesting an appeal. With this request,
    1. The student is required to submit the written evidence to the UG-ARC Chair, no later than 10 University days after the challenged grade was posted or received
    2. The student will be required to:
      1. Formally request an academic appeal by the UG-ARC
      2. Provide written evidence with example utilizing one or both terms (prejudiced, capricious) to determine if there is just cause for the academic review/appeal.
        1. This documentation must include basic demographics and a specific description of the faculty's behavior with specific example(s) of capricious and/or prejudiced behaviors
        2. State a list of witnesses which are UNMC students or faculty.
        3. The name of a faculty advisor the student has chosen (if a faculty advisor is chosen)
        4. A request for additional time if needed.
        5. A request to appear before the committee, if needed.
          1. The student is also required in this written information to include a request to appear personally before the committee if the student wishes to do so and if a hearing is granted.
          2. Include any request for additional time if appropriate which must address consideration related to the start of the next semester.
    3. Upon receiving the student’s request for appeal, the UG-ARC Chair will provide the student with an electronic link to the Academic and Professional Performance Policies section of the current UNMC Student Handbook via the student’s UNMC email.
      1. Delivery Receipt with University email will serve as confirmation that the student has received this information.
    4. The UG-ARC Chair receives the appeal request and chooses 4 subcommittee faculty members and 1 student member for the UG-ARC Appeal Hearing Board. This UG-ARC Hearing Board is assigned to the specific student appeal.
      1. The UG-ARC Hearing Board will decide if the hearing will be held, or not, and have the choice to review information in closed session.
        1. Faculty may appear if desired or called to testify, may present prior submitted evidence, and answer questions from the UG-ARC Hearing Board.
      2. When the UG-ARC Hearing Board determines a hearing is warranted:
        1. The student will appear, if requested by the UG-ARC Hearing Board and if requested by the student.
        2. The student faculty advisor may be present at the hearing but may not actually participate in the proceedings unless the UG-ARC chair specifically permits.
        3. Faculty may appear if desired or called to testify, may present prior submitted evidence, and answer questions from the UG-ARC Hearing Board.
          1. Faculty may also refuse any listed items in 4 (d) b (iii).
        4. The UG-ARC Hearing Board members may question witnesses.
          1. Witness must be UNMC students or faculty and a list must be provided to the UG-ARC Chair by the date set for submission of materials.
      3. The UG-ARC Hearing Board will determine a hearing will be held in the case of academic dismissal or suspension.
        1. The Dean will be consulted in the case of academic dismissal or suspension
        2. The student and faculty will appear in the case of academic dismissal or suspension
        3. The student faculty advisor may be present at the hearing but may not actually participate in the proceedings unless the UG-ARC chair specifically permits.
          1. Faculty called to testify, may present prior submitted evidence, and answer questions from the UG-ARC Hearing Board.
          2. The UG-ARC Hearing Board members may question witnesses.
            1. Witness must be UNMC students or faculty and a list must be provided to the UG-ARC Chair by the date set for submission of materials.
    5. UG-ARC Hearing Board proceedings will be conducted as confidential proceedings.
      1. At any time during the appeal process, the student will be entitled to examine the student’s school file and any materials which were used in determining the challenged grade.
    6. A majority vote of the UG-ARC Hearing Board will determine the appeal outcome.
    7. The student requesting the academic appeal will receive a decision on the appeal and, if a hearing is held, the student will receive a digital copy of the hearing, which will be considered the official copy.
      1. When there is a hearing, the student may record, at their own expense, any hearing or proceeding at which the student is present, but this will not be recognized as an official recording.
    8. The UG-ARC Hearing Board Chair shall submit the report and conclusions of the appeal in writing to the Undergraduate Program Director within 5 days after determining the final decision.
      1. The UG-ARC Chair will notify the student and the faculty. The Undergraduate Program Director will notify the Division Assistant Dean, the Associate Dean of Academic Programs, and the Dean.
  5. UG-ARC Hearing Board may decide:
    1. Deny the appeal due to not meeting criteria and can conclude the student’s appeal is denied.
      1. Determine there is no basis for the appeal and that the weight of the evidence that the grade/evaluation was capricious or prejudiced was not met. This outcome upholds the faculty issued grade/evaluation.
      2. If the UG-ARC Hearing Board determines if a hearing is not warranted, the UG-ARC Chair will follow notification process listed in 4 (h)
    2. Agree to have the hearing without the student present and no witnesses allowed
      1. The UG-ARC Hearing Board can meet in closed session to review all submitted confidential materials.
      2. The UG-ARC Hearing Board can conclude the student’s appeal is not warranted and the grade issued stands.
      3. The UG-ARC Hearing Board can conclude that the student’s appeal will be supported and request the grade/evaluation be supported and direct faculty to reinstate the grade.
      4. The UG-ARC Chair will follow the notification process listed in 4 (h).
    3. Agree to have the hearing and have the student and witnesses present
      1. The UG-ARC Appeals Hearing Board can conclude the student’s appeal will be denied and the grade issued stands.
      2. The UG-ARC Hearing Board can conclude the student’s appeal will be supported and request the grade/evaluation be supported and direct faculty to reinstate the grade.
      3. The UG-ARC Chair will follow the notification process listed in 4 (h).
  6. The student can appeal to the Dean of the College of Nursing if the academic appeal is denied.
  7. The faculty can appeal to the Dean of the College of nursing if the academic appeal is denied.

Additional Procedural Details for the Hearing:

  1. The UG-ARC and UG-ARC Hearing Board must conduct the hearing in a manner that facilitates the presentation of relevant evidence and in accordance with the policies related to UNMC College of Nursing.
    1. The UG-ARC committee is only required to vote to grant or dismiss the appeal.
  2. The UG-ARC Hearing Board has the discretion to allow the use of a question-and-answer format or allow a witness to make an oral statement about what the witness knows about the matter.
  3. The UG-ARC Hearing Board may then ask questions to clarify what the witness said or to elicit more detailed information.
  4. The UG-ARC Hearing Board has the discretion to question the witnesses directly or to require the parties to submit answers to questions asked by the UG-ARC Hearing Board.
  5. In exercising this discretion, the UG-ARC Hearing Board should consider all the relevant circumstances, including whether there is animosity between the Respondent and the witness, and whether direct questioning would be more efficient or would better enable the presentation of information.
    1. UG-ARC will consider and support faculty’s academic freedom in relation to the course being taught.
  6. The UG-ARC Hearing Board has the discretion to:
    1. allow the identified parties to make opening statements, closing statements, or both, with reasonable time limits
    2. The student has the right to be accompanied by a faculty advisor when the student meets with the UG-ARC Hearing Board; and
      1. that the student may choose anyone as the advisor, including an attorney, but that the student is responsible for any fees that the advisor may charge.
      2. The student’s advisor may provide guidance to the student but may not otherwise directly participate during the proceedings. The student’s advisor may not speak on behalf of the student during the hearing and may not directly participate in any aspect of the hearing.
        1. Non-compliance with directions from the UG-ARC Hearing Board will result in the student’s advisor being asked to leave the hearing.
    3. allow witnesses to testify by videoconferencing technology
    4. require that the witnesses who have not yet testified wait somewhere other than the hearing room until they are called to testify
    5. remind the student that there is one designated date that materials can be submitted to support that student's defense.
      1. If such information was not reasonably previously known to the student prior to the deadline, that information may be forwarded to the UG-ARC Hearing Board, who shall decide the relevance and admissibility of that information.
      2. Prior to the decision the UG-ARC Hearing Board may consult the University regarding the relevance and admissibility of that information.
  7. Within 5 University days of the conclusion of the hearing, the UG-ARC Hearing Board will determine whether the appeal has been sustained by the evidence.
  8. The UG- ARC Hearing Chair will send a report and conclusions via university email with the final decision to:
    1. The student.
    2. The faculty member/course coordinator
    3. The Undergraduate Program Director
    4. The Division Assistant Dean
    5. The Associate Dean of Academic Programs who will notify the Dean.
  9. A verbatim recording of the hearing must be maintained and included in the report.
    1. UG-ARC reports and information will be housed in Associate Dean's Office for a minimum of one year following the conclusion of the grade appeal or graduation, whichever occurs later.
    2. Each report will be placed in the CON Student's File and on the student's transcript when required by policy.
  10. The student will have 10 University days to respond to the UG-ARC Hearing Board’s final decision via university email to the UG-ARC Chair.
    1. If no written response from the student is received during this timeframe, the Appeals Hearing Board decision will be considered final.
    2. If the student’s written response is debating the decision of the UG-AC Hearing Board, the student will be directed to the procedures to follow in the appeal to the Dean of the College of Nursing.
      1. The Dean will review the record of the investigation and the facts to determine if the appeal procedure has been fair and thorough. The Dean may then either affirm the findings of the committee or direct the committee to conduct a reinvestigation or rehearing either in whole or in part.
      2. The decision of the Dean is final, and no further appeal may be made.
    3. If the Faculty involved in the appeal do not agree with the Appeals Hearing Board, then the faculty will be directed to the procedures to follow in an appeal to the Dean of the College of Nursing.
      1. The Dean will review the record of the investigation and the facts to determine if the appeal procedure has been fair and thorough. The Dean may then either affirm the findings of the committee or direct the committee to conduct a reinvestigation or rehearing either in whole or in part.
      2. The decision of the Dean is final, and no further appeal may be made.