12.02 Undergraduate Student Academic Grievance
A process for the redress of academic grievances must be available to students
within the framework of academic freedom, the integrity of the course, and
the prerogative of the faculty to assign grades. In recognition of this,
the University of Northern Iowa hereby establishes the following procedures.
These procedures shall be the sole and exclusive means for the redress of
an academic grievance, including the change of a student's grade. Grievances
involving alleged acts of discrimination based on protected classes, including
sexual harassment, are subject to Affirmative Action procedures.
Informal Procedures:
A student who feels aggrieved because of something that a faculty member
has or has not done shall make every effort to resolve the grievance informally
and in a timely fashion. The student must state the grievance to the faculty
member, orally or in writing, before the end of twenty school days from
the beginning of the semester following the semester or summer session in
which the alleged offense occurred. The faculty member must respond within
ten school days from notification of the grievance.
Formal Procedures:
If the student remains dissatisfied with the response, the student may
initiate the first stage of a formal appeal by completing the Appeal Form
available in departmental offices or the office of Academic Affairs (Seerley
Hall #1). The first stage of a formal appeal must be commenced within
twenty school days following the faculty member's response to the student.
To complete the Appeal Form, the student is required to state in writing
the specific nature of the grievance. The grievance must allege specific
errors or improprieties in the faculty member's discharge of academic duties.
Only evidence pertinent to the grievance should be included.
The student shall then send or deliver the appeal form to the faculty member
against whom the grievance has been filed. The faculty member is obligated
to complete the Appeal Form within ten school days of its receipt, by either
(a) redressing the grievance or (b) stating in writing why in her or his
judgment the grievance is without merit or cannot be redressed.
The matter may end here if the student is satisfied.
If the student remains dissatisfied with the redress, or lack thereof, the
student shall contact the faculty member's department head within ten school
days from receipt of the form from the faculty member. The department head
shall hear the student's grievance. If the grievance seems to have no reasonable
ground, the department head shall complete the department head's portion
of the Appeal Form by stating in writing why in her or his judgment the
grievance is without merit. If, on the other hand, the department head sees
reasonable ground for the student's complaint, the head shall meet with
the faculty member and/or with student and faculty member together in an
effort to resolve the student's grievance. In such meetings, the department
head may suggest to the faculty member that redress be granted for what
seems to be a real grievance. In such cases, the faculty member may accept
or reject the department head's suggestion(s). These meetings shall be held
within ten school days of the department head's receipt of the student's
Appeal Form. The department head is then obligated to complete the Appeal
Form, within ten school days of the meeting, by either (a) suggesting a
resolution of the grievance or (b) stating in writing why in her or his
judgment the grievance cannot be redressed.
The matter may end here if the student is satisfied.
If the student remains dissatisfied with the redress, or lack thereof, the
student shall contact the faculty member's dean within ten school days from
the receipt of the form from the department head. The dean shall hear the
student's grievance. If the grievance seems to have no reasonable ground,
the dean shall complete the dean's section of the Appeal Form by stating
in writing why in her or his judgment the grievance is without merit. If,
on the other hand, the dean sees reasonable ground for the student's grievance,
the dean shall meet with the faculty member and/or with the student and
faculty member together in an effort to resolve the student's grievance.
In such meetings, the dean may suggest to the faculty member that redress
be granted for what seems to be a real grievance. In such cases the faculty
member may accept or reject the dean's suggestion(s). These meetings will
be held within ten school days of the dean's receipt of the student's Appeal
Form. The dean is obligated to complete the Appeal Form by either (a) suggesting
a resolution of the grievance or (b) stating in writing why in her or his
opinion the grievance cannot be redressed.
The matter may end here if the student is satisfied.
If the student remains dissatisfied with the redress, or lack thereof,
the student may initiate the second stage of the formal appeals procedure
by filing the Appeal Form at the office of Academic Affairs (Seerley Hall
#1) within ten school days from the receipt of the form from the dean.
When the Appeal Form is filed at the office of Academic Affairs, the office
will send a copy of the grievance to the student, the faculty member involved,
the faculty member's department head and dean, and to the chair of the Appeals
Board.
The Undergraduate Student Academic Appeals Board has final student/faculty
authority for adjudicating undergraduate academic appeals. The Board consists
of nine members, five faculty and four students. The faculty members shall
be tenured, with the rank of assistant professor or higher, one to be elected
by and from the instructional faculty of each undergraduate college for
a three-year term. Faculty members may be reelected to a second three-year
term. Student members shall be appointed by the NISG Senate for one-year
terms; students may be re-appointed to serve second terms.
The Chair shall be elected from among the five faculty members. The Chair
shall vote only in the case of a tie.
The Chair places a case on the Board docket, arranges the time and place
for the hearing, and provides the Board review of the appeal papers prior
to the hearing. Notice of the hearing and rules governing the Board are
made available in advance to both parties. It is expected that the hearing
will be held within twenty school days after the appeal has been filed with
the Chair. The Board has discretionary power to delay the hearing due to
mitigating circumstances. The Board follows these procedures in hearing
an academic appeal:
1. Hearings are closed unless an open hearing is requested by the student.
2. Hearings are informal, but a taped transcript is made; this transcript
is confidential. After resolution of the appeal, the tape will be filed
in the office of the Vice President and Provost.
3. The faculty member and the student will have access to written statements
of the other prior to the hearing, or prior to any questioning by members
of the Board at the time of the hearing.
4. Both parties to the appeal have the right to present additional evidence
to the Board, subject only to the Board's judgment that such evidence is
relevant to the case. Similarly, either party may ask members of the university
community (students, faculty, staff) to present testimony, again subject
only to the Board's judgment that such testimony is relevant to the case.
In making judgments on the relevance of such evidence or testimony the Board
will, consistent with the gravity of such proceedings, admit such testimony
or evidence unless the Board judges it clearly not to be germane to the
case.
5. Both parties to the appeal have the right to ask questions of the other
during the hearing. Questions must be relevant to the issues of the appeal.
6. The members of the Board may question both parties to the appeal. Questions
must be relevant to the issues of the appeal.
7. Whenever the Appeals Board feels the need for expert advice within a
particular area of scholarship, the Board shall have the authority, and
University shall provide the necessary means, to seek the advice from experts
either associated with the University or not connected with the institution.
8. Upon request from the Board, it is expected that the faculty member shall
make available such records as are pertinent to the appeal. The confidential
nature of these records will be safeguarded. Failure to provide the records
without sufficient cause may result in a finding in favor of the student
at the discretion of the Appeals Board.
9. The student shall bear the burden of proof in the appeal.
10. Appeals are decided by a majority vote of a quorum of the Board.
11. A quorum consists of six members, excluding the Chair, three of whom
must be faculty.
12. The Board shall decide the case by a clear and convincing evidence standard.
The Board's ruling and the reasons for the decision are reported in writing
to both parties, to the faculty member's department head and dean, and to
the office of the Vice President for Academic Affairs.
If the Appeals Board changes a grade, the Registrar receives a copy of the
decision, authorizing a change in the grade on the student's official records.
If the case involves suspension from the University and is resolved in favor
of the student, the Committee on Admission and Retention receives a copy
of the decision authorizing it to reinstate the student if appropriate.
The student pursuing the grievance may, within ten school days of being
notified of the Board's decision, make a written request to the Office of
the President of the university for a review of the Appeals Board procedures
which led to that decision. Such a request must include a statement of any
perceived Appeals Board procedural irregularities involved in the decision.
In such cases, the President or designee will examine the transcript of
the Board proceedings, and all exhibits entered as evidence, and will render
a decision within two weeks of their reception. The President or designee
may either remand the decision back to the Board on the grounds of procedural
irregularities (in which case the Appeals Board is obligated to reconsider
the case in the light of the specified procedural problems), or uphold the
Board's decision as procedurally sound.
Extension of Time Limits:
It may be necessary, in the interest of justice, to extend a specified time
limit when the principal(s) involved in a grievance cannot be reached in
a timely fashion by telephone, mail, or other form of communication, or
when the principal(s) may be absent from the campus or be temporarily indisposed
due to illness, accident, injury or other extenuating circumstances. Time
limits may be extended, in extraordinary circumstances, by the Provost or
his or her designee.
University Faculty Senate Approved, 12/13/93 |