7.9.2.3.1. | Standards of Academic Performance

  1. 4.1. Standards of Academic Performance In order to ensure that the highest standards of academic performance are promoted and supported at the University, students must:
    1. 4.1.1. Meet the academic requirements of a course; and
    2. 4.1.2. Meet the academic requirements of the relevant discipline or study program.
      1. 4.1.2.1. Faculty members are qualified as professionals to observe and judge all aspects of a student’s academic performance, including demonstrated knowledge, technical and interpersonal skills, attitudes and professional character, and ability to master the required curriculum. An academic action may be overturned on appeal only if the academic action was arbitrary or capricious.

7.9.2.3.2. | Appeal Process

  1. 4.2. Appeals Process A student who believes that an academic action taken was arbitrary or capricious should, within five (5) business days of notification of the academic action, discuss the academic action with the involved faculty member and attempt to resolve the disagreement. If the faculty member does not respond within five (5) business days, if the student and faculty member are unable to resolve the disagreement, or if the faculty member fails to take the agreed upon action within five (5) business days, the student may appeal the academic action in accordance with the following procedures. It is understood that all appeals and proceedings regarding academic actions will initiate with the faculty and administrators in Faculty offering the course in question.
    1. 4.2.1. Appeal to Head of Study Program. Within fifteen15 business days of notification of the academic action, the student will appeal the academic action in writing to, and consult with, the Head of the relevant study program regarding such academic action. Within five (5) business days of consulting with the student, the Head of the Study Program will notify the student and faculty member, in writing, of his/her determination of whether the academic action was arbitrary or capricious and of the basis for that decision. If the Program Head determines that the academic action was arbitrary or capricious, he/she will take appropriate action to implement his/her decision unless the faculty member appeals the decision. If the Program Head fails to respond within seven (7) business days, the student may appeal to the Academic Adjudication Committee.
    2. 4.2.2. Appeal to Academic Adjudication Committee. If either party disagrees with the Program Head’s decision, that party may appeal to the University’s Academic Adjudication Committee within five (5) business days of notification of the Program Head’s decision in accordance with the procedures set forth below.

7.9.2.3.3 | Proceedings Before the...

  1. 4.3. Proceedings Before the Academic Adjudication Committee
    1. 4.3.1. Written Appeal. The appeal to the Academic Adjudication Committee will set forth in writing the reasons for the appeal, will be addressed to the Committee, and will be sent directly to the Chair of the Committee, with a copy to the other party.
    2. 4.3.2. Response to Appeal. The faculty member whose decision is being appealed, or the student in the case of a faculty member’s appeal, may deliver a response to the Chair of the Academic Adjudication Committee, with a copy to the other party, no later than five (5) business days after receipt of the complaint and recommendation. Pending appeal decisions may delay the student complainant’s registration for the subsequent term; provisions will be made to resolve this on a case-by-case basis.
    3. 4.3.3. Makeup of the Committee. The Dean of each Faculty will appoint one member to serve on the Committee. The University Senate will appoint an additional faculty member. Faculty members will serve on the Committee for staggered two-year terms. The Dean of Student Success , in coordination with Student Government, will appoint one student who will serve a one-year term. The Chair of the Committee will be named by the Vice Rector for Academic Affairs. The Committee will establish internal procedures consistent with the Student Code.
    4. 4.3.4. Conflicts of Interest. Upon the judgment of the Vice Rector of Academic affairs, or upon the written request of one of the parties or Committee members, the Vice Rector of may excuse any member of the Committee if the VRAA determines that the member has a conflict of interest. The VRAA will select an appropriate replacement for the excused member (i.e. student or faculty member).
    5. 4.3.5. Proceedings Before the Committees. When an appeal and response are filed in a timely manner, the Committee chair will schedule a hearing date if:
      1. 4.3.5.1. The documents raise material issues of disputed fact;
      2. 4.3.5.2. The Committee chair determines that a hearing is necessary or otherwise desirable to aid in the resolution of the issues; or
      3. 4.3.5.3. The academic action included dismissal from a program. If the Committee chair determines that no circumstances exist that require a hearing, as provided above, the Chair will within a reasonable time notify the student and the faculty member (the parties) in writing of this determination and convene a closed meeting of the Committee to consider the documentation submitted by the parties. The Committee will prepare a written report of the Committee’s findings and recommendations and present it to the Vice Rector of Academic Affairs, or designee, within five (5) business days after the Committee meeting.
    6. 4.3.6. Notice of Hearings Before Committees. If the Committee chair determines that a hearing is required, the Chair will schedule a hearing date and notify the parties in writing of the date of the hearing, the names of the Committee members, and the procedures for the hearing at least seven (7) business days before the hearing.
    7. 4.3.7. Hearing Procedures. Hearings will be conducted according to the following procedures:
      1. 4.3.7.1. Hearing will be conducted within a reasonable time after the Committee’s receipt of the written appeal and written response to the appeal.
      2. 4.3.7.2. At least five (5) business days prior to the date of the hearing, the parties will make available to each other and to the Committee a list of documents to be offered at the hearing. In exceptional circumstances, the Committee may allow a party to submit additional documents at the hearing.
      3. 4.3.7.3. Hearings will be closed to the public.
      4. 4.3.7.4. All hearings, except Committee deliberations and voting, will be recorded and a copy made available to any party upon request. Committee deliberations and voting will take place in closed sessions.
      5. 4.3.7.5. The Committee must have a quorum present to hold a hearing. This must include at least one (1) student and one (1) faculty member from outside the relevant Faculty. If there is more than one hearing in a matter, or if the hearing continues over more than one session, the same members must be present for all sessions. All findings and recommendations of the Committee will require a majority of the Committee members present at the hearing.
      6. 4.3.7.6. At the hearing, the parties will have the right to present questions to witnesses through the Committee chair, to present evidence in their own behalf, in accordance with the Committee’s established internal procedures.
      7. 4.3.7.7. The Committee will not be bound by strict rules of legal evidence or procedure and may consider any evidence it deems relevant.
      8. 4.3.7.8. University legal counsel will serve as a resource to the Committee and may be present at the hearing to provide guidance on substantive law and procedural matters.
      9. 4.3.7.9. To overturn the original academic action, the Committee must find that the academic action was arbitrary or capricious.
      10. 4.3.7.10. The Committee will make its findings and recommendations based only on evidence and testimony presented by the parties at the hearing. Committee members will not conduct their own investigations, rely on prior knowledge of the facts or develop their own evidence.
      11. 4.3.7.11. If either party to the appeal fails to attend the hearing without good cause, the Committee may proceed with the hearing and take testimony and evidence and report its findings and recommendations to the Vice Rector of Academic Affairs on the basis of such testimony and evidence.
      12. 4.3.7.12. The Committee chair will prepare a written report of the Committee’s findings and recommendations and present it to the VRAA within five (5) business days after the conclusion of the hearing.
    8. 4.3.8. Review and Decision by the Vice Rector of Academic Affairs
      1. 4.3.8.1. The Vice Rector of Academic Affairs will consider the documentation submitted to the Committee and the findings and recommendations of the Committee in deciding. Based upon such review, and without conducting further hearings, the VRAA will, within three (3) business days, take one of the following actions:
        1. 4.3.8.1.1. Accept the Committee’s findings and recommendations;
        2. 4.3.8.1.2.Return the report to the Committee chair, requesting that the Committee reconvene to reconsider or clarify specific matters, materials, and issues. Clarifications will be presented in a second report and forwarded to the VRAA for further consideration; or
        3. 4.3.8.1.3.Reject all or parts of the Committee’s findings and recommendations, stating reasons and actions to be taken, therefore.
      2. 4.3.8.2. Written notification of the Vice Rector of Academic Affairs’ decision will be communicated to the parties and to the Chair of the Academic Adjudication Committee within five (5) business days of the recommendation.
      3. 4.3.8.3. The Vice Rector of Academic Affairs’ decision is final.
Volume VII: Student Handbook
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