University of Maryland Undergraduate Catalog 2012-2013

I. Purpose

This procedure provides a means for an undergraduate student to seek redress for acts or omissions of individual faculty members as well as academic departments, programs, colleges, or divisions without fear of reprisal or discrimination.

II. Scope of Grievances: Expectations of Faculty and Academic Units

The scope of the matters which may constitute a grievance under this procedure is limited to believed violations of the expectations of faculty and academic units as set forth below.

A. Faculty - The following are considered to be reasonable expectations of faculty:
1. There shall be a written description at the beginning of each undergraduate course specifying in general terms the content and nature of assignments, examination procedures, and the basis for determining final grades. In cases where all or some of this information cannot be provided at the beginning of the course, a clear explanation of the delay and the basis of course development shall be provided.

2. There shall be reasonable notice of major papers and examinations in the course.

3. There shall be a reasonable number of recitations, performances,quizzes, tests, graded assignments and/or student/instructor conferences to permit evaluation of student progress throughout the course.

4. Unless prohibited by statute or contract, there shall be a reasonable opportunity to review papers and examinations after evaluation by the instructor, while materials are reasonably current.

5. There shall be a reasonable approach to the subject which attempts to make the student aware of the existence of different points of view.

6. There shall be reasonable access to the instructor during announced regular office hours or by appointment.

7. There shall be regular attendance by assigned faculty unless such attendance is prevented by circumstances beyond the control of the faculty member.

8. There shall be reasonable adherence to published campus schedules and location of classes and examinations. Classes not specified in the schedules are to be arranged at a mutually agreeable time on campus, unless an off-campus location is clearly justified.

9. Reasonable confidentiality of information gained through student-faculty contact shall be maintained.

10. There shall be public acknowledgment of significant student assistance in the preparation of materials, articles, books,devices and the like.

11. There shall be assignment of materials to which all students can reasonably expect to have access.
B. Academic Units

The academic units (programs, departments, colleges, schools,divisions) in cooperation with the Office of the Dean for Undergraduate Studies and the Office of Admissions and the Office of the Registrar shall, whenever possible, provide the following:
1. Accurate information on academic requirements through designated advisors and referral to other parties for additional guidance.

2. Specific policies and procedures for the award of academic honors and awards, and impartial application thereof.

3. There shall be equitable course registration in accordance with University policy and guidelines.

III. Alternative Grievance Procedures

No other University grievance procedure may be used simultaneously or consecutively with the Undergraduate Student Grievance Procedure with respect to the same or substantially same issue or complaint, or with issues or complaints arising out of or pertaining to the same set of facts.

The procedures of the Human Relations Code and/or any University grievance procedure may not be utilized to challenge the procedures, actions,determinations or recommendations of any person(s) or board(s) acting pursuantto the Undergraduate Student Grievance Procedure.

IV. Limitations

Notwithstanding any provision of this Undergraduate Student Grievance Procedure to the contrary, the following matters do not constitute the basis for a grievance under this policy:

A. Policies, regulations, decisions, resolutions, directives and other acts of the Board of Regents of the University of Maryland System, The Office of the Chancellor of the University of Maryland System, and the Office of the President of the University of Maryland College Park;

B. Any statute, regulation, directive, or order of any department or agency of the United States or the State of Maryland;

C. Any matter outside the control of the University of Maryland System;

D. Course offerings;

E. The staffing and structure of any academic department or unit;

F. The fiscal management and allocation of resources by the University of Maryland System and the University of Maryland at College Park;

G. Any issue(s) or act(s) which does (do) not affect the complaining party directly;

H. Matters of academic judgment relating to an evaluation of a student's academic performance and/or academic qualifications; except that the following matters of a procedural nature may be reviewed under these procedures if filed as a formal grievance within thirty days of the first meeting of the course to which they pertain:
1. Whether reasonable notice has been given as to the relative value of all work considered in determining the final grade and/or assessment of performance in the course. The remedy for a successful grievance based upon this subsection shall be the giving of notice by the instructor.

2. Whether a reasonably sufficient number of examinations,papers, laboratories and/or other academic exercises have been scheduled to present the student with a reasonable opportunity to demonstrate academic merit. The remedy for a successful grievance under this subsection shall be the scheduling of such additional academic exercises as the instructor, in consultation with the department chair or dean, and upon consideration of the written opinion of the divisional hearing board shall deem appropriate.
I. "Class" grievances are not cognizable under these procedures. A screening or hearing board may, in its discretion consolidate grievances presenting similar facts and issues, and recommend generally applicable relief as it deems warranted;

J. There may be no challenge to the award of a specific grade under these procedures.

V. Finality

Any student who elects to use the Undergraduate Student Grievance Procedure agrees to abide by the final disposition arrived thereunder, and shall not subject this disposition to review under any other procedure within the University of Maryland System. For the purpose of this limitation, a student shall be deemed to have elected to utilize the Undergraduate Student Grievance Procedures at the time a written grievance is filed.

VI. Procedure for Grievance Involving Faculty Member or Academic Unit

A. Informal Resolution

The initial effort in all cases shall be toward achieving a resolution of the grievance through the following informal means:

1. Grievance Against an Individual Faculty Member:
The student should first contact the faculty member, present the grievance in its entirety, and attempt a complete resolution.If all or part of the grievance remains unresolved, the student may present the grievance to the immediate administrative supervisor of the faculty member.A student may present a grievance directly to the instructor's supervisor if the instructor is not reasonably available to discuss the matter.The supervisor shall attempt to mediate the dispute, and if a mutually acceptable resolution is reached, the case shall be closed.

2. Grievance Against an Academic Department:
The student should contact the department head, director, or dean and present the grievance in its entirety.The department head, director, or dean shall attempt a complete resolution of the dispute.
B. Formal Resolution: Divisional Screening Board

A student who has attempted informal resolution, and remains dissatisfied may obtain a formal resolution of a grievance pursuant to the following procedure:
1. The student shall file a written grievance with the Screening Board for Academic Grievances of the Division (hereinafter referred to as the divisional screening board).

2. The writing shall contain:
the act, omission, or matter which is the subject of the complaint;
all facts the student believes are relevant to the grievance;
the resolution sought;
all arguments in support of the desired solution.
3. A grievance must be filed in a timely manner or it will not be considered.In order to be timely, a grievance must be received by the appropriate divisional screening board within thirty days of the act, omission or matter which constitutes the basis of the grievance, or within thirty days of the date the student is first placed upon reasonable notice thereof, whichever occurs first.It is the responsibility of the student to insure timely filing.

4. The divisional screening board shall immediately notify an instructor or academic unit head of the a timely grievance. A copy of the grievance and all relevant material shall be provided.

5. The instructor or academic unit head shall make a complete written response to the divisional screening board within ten days of receipt of a grievance. In cases where a grievance is received within ten days of the final day of classes, a response
is due within ten days of the beginning of the next semester in which the faculty member is working on campus. This extension is not available to persons whose appointments terminate on or before the last day of the semester in which the grievance is filed.

6 A copy of the faculty member's response shall be sent by the divisional screening board to the student filing the grievance.

7. The divisional screening board may request further written information from either party.

8. The divisional screening board shall review the case to determine if a formal hearing is warranted.All or part of a grievance shall be dismissed if the divisional screening board concludes the grievance is:
untimely,
based upon a non-grievable matter,
being concurrently reviewed in another forum,
previously decided pursuant to this or any other review procedure,
frivolous or filed in bad faith.
All or part of a grievance may be dismissed if the divisional screening board concludes in its discretion that the grievance is:
insufficiently supported,
premature,
otherwise inappropriate or unnecessary to present to the divisional hearing board.
The divisional screening board shall meet to review grievances in private. A decision to dismiss a grievance requires a majority vote of at least three members

If a grievance is dismissed in whole or in part, the student filing the grievance shall be so informed, and shall be given a concise written statement of the basis for the dismissal.

A decision to dismiss a grievance is final and is not subject to appeal.

9. If the divisional screening board determines a grievance to be appropriate for a hearing, the dean shall be informed. The dean shall convene a divisional hearing board within fifteen days thereafter. The time may be extended for good cause at the discretion of the dean.
C. Divisional Hearing Board

The following rules apply to the conduct of a hearing by the divisional hearing board:
1. Reasonable notice of the time and place of the hearing shall be provided to both parties. Notice shall include a brief statement of the allegations and the remedy sought by the student.Hearings shall be held on campus.

2. A record of the hearing, including all exhibits shall be kept by the chairperson of the screening board. All documents and materials filed with the divisional screening board shall be forwarded to the divisional hearing board, and shall become apart of the record.

3. Hearings are closed to the public unless a public hearing is specifically requested by both parties

4. Presentation of Evidence

Each party shall have the opportunity to make an opening statement, present written evidence, present witnesses,cross-examine witnesses, offer personal testimony, and such other material as is relevant.

Incompetent, irrelevant, immaterial and unduly repetitious evidence may be excluded by the chairperson of the hearing board.

It is the responsibility of each party to have their witnesses available and to be completely prepared at the time of the hearing. The student shall present the case first, and the faculty member shall respond.

Upon completion of the presentation of all evidence, both parties shall be given the opportunity to present oral arguments and make closing statements within the time limits set by the chairperson of the hearing board.

Upon the request of either party, all persons to be called as witnesses shall be sequestered.

Each party may be assisted in the presentation of the case by a student or faculty member of his/her choice.

It is the responsibility of the chairperson of the hearing board to manage the hearing, and to decide all questions relating to the presentation of evidence and appropriate procedure, and the chairperson is the final authority in such matters except as established herein. The chairperson may seek the advice of UMCP counsel

The hearing board shall have the right to examine any person or party testifying before it, and on its own motion, may request the presence of any person for the purpose of testifying and the production of evidence.

5. The above enumerated procedures and powers of the divisional hearing board are non-exclusive. The chairperson may take any such action as is reasonably necessary to facilitate the orderly and fair conduct of the hearing which is not inconsistent with the procedures set forth herein.

6. Upon completion of the hearing, the hearing board shall meet privately to consider the validity of the grievance. The burden of proof rests with the student to show by a preponderance of the evidence that a substantial departure from the expectations set forth in section "B" above has occurred, and that has operated to the actual prejudice and injury of the student.

A decision upholding a grievance shall require the majority vote of at least three members of the divisional hearing board.

A decision of the hearing board shall address only the validity of the grievance. The decision shall be forwarded to the dean in written opinion. In the event the decision is in whole or in part favorable to the student, the hearing board may submit an informal recommendation concerning relief believed to be warranted based upon the facts presented at the hearing.

7. The dean shall immediately, upon receipt of the written opinion,forward copies to the student and the faculty member or head of academic unit. Each party has ten days from the date of receipt to file a written appeal with the dean.

8. Appeals

The appeal shall be in writing and set forth in complete detail the grounds for the appeal.

A copy of the appeal shall be sent to the opposing party, who shall have ten days following receipt to respond in writing to the dean.

The sole grounds for appeal shall be:
a substantial prejudicial procedural error committed in the conduct of the hearing in violation of the procedures established herein. Discretionary decisions of the chairperson shall not constitute the basis of an appeal.
the existence of new and relevant evidence of a significant nature which was not reasonably available at the time of hearing.

9. In the absence of a timely appeal, or following receipt and consideration of all timely appeals, the dean may:
dismiss the grievance, grant such redress as is believed appropriate,
reconvene the divisional hearing board to rehear the grievance in part or whole and/or to hear new evidence,
convene a new divisional hearing board to rehear the casein its entirety.

10. The dean shall inform all parties of the decision in writing and the grievance shall thereafter be concluded. The decision of the dean shall be final and binding, and not subject to review or appeal.

In non-departmental colleges, the Dean for Undergraduate Studies shall assume the duties of the dean for purposes of this procedure.

VII. Grievance Procedures Against the Dean for Office of Undergraduate Studies

A. Informal Resolution

The initial effort in all cases shall be to achieve resolution of the grievance through informal means.

1. The student should first contact the administrative dean, present the grievance in its entirety, and attempt a complete resolution.
2. If any portion of the grievance remains unresolved, the student may present such part to the Vice President for Academic Affairs. A grievance may be initially presented to the Vice President for Academic Affairs if the dean is not reasonably available to discuss the matter.
3. The Vice President shall attempt to mediate the dispute.Should a mutually acceptable resolution be reached, the case shall be closed.
B. Formal Resolution

Should a student remain dissatisfied with the disposition of the grievance following attempts at informal resolution, a formal resolution may be obtained pursuant to the following procedure:
1. The student shall file with the President a timely written grievance.

2. The writing shall contain:
the act, omission or matter which is the subject of the complaint,
all facts the student believes to be relevant to the grievance,
the resolution sought,
all arguments upon which the student relies in seeking such resolution.
3. No grievance will be considered unless it is timely.

In order to be timely, a grievance must be received by the President within thirty days of the act, omission or matter which is the basis for the grievance, or within thirty days of the date the student is first placed upon reasonable notice thereof,whichever is later.

It is the responsibility of the student to ensure timely filing of the grievance.

4. Upon receipt of a timely grievance, the President shall forward the grievance to a divisional screening board of a division other than the one from which the grievance has arisen.

The divisional screening board shall immediately notify the administrative dean against whom the grievance has been filed and provide a copy of the grievance and all relevant materials.

5. The administrative dean against whom the grievance has been filed shall respond in writing to the divisional screening board within ten days. In the event the grievance is received by the administrative dean after the last day of classes of a semester,the time for written response shall be ten days after the first day of classes of the semester immediately following.

A copy of the response from the administrative dean shall be sent to the student.

6. In its discretion, the divisional screening board may request further written submissions from the student and/or the administrative dean

.7. The divisional screening board shall review and act upon a grievance against an administrative dean in the same manner and according to the same requirements as for the review of grievances against faculty members, academic departments,programs and colleges set forth in this procedure.

8. If the divisional hearing board determines that a grievance is appropriate for a hearing, the President shall be so informed.The President shall convene a campus hearing board within fifteen days to hear the grievance. This time may be extended for good cause at the discretion of the President.

9. The campus hearing board shall conduct a hearing in accordance with the rules established in this procedure for the conduct of hearings by divisional hearing boards.

Upon completion of a hearing, the campus hearing board shall meet privately to consider the grievance in the same manner and according to the same rules as set forth for the consideration of grievances by divisional hearing boards, except that the decision shall be forwarded to the President.

In the event the campus hearing board decides in whole or on part in favor of the student, it may submit an informal recommendation to the President with respect to such relief as it may believe is warranted by the facts as proven in the hearing.

10. The President shall immediately, upon receipt of the written opinion, forward copies to the student and the administrative dean. Each party shall have ten days from the date of receipt to file an appeal with the President.

11. Appeal

Each party has ten days from receipt of the written decision to file an appeal with the President.

The grounds for an appeal shall be the same as those set forth in this procedure for appealing a decision of a divisional hearing board.

The appeal shall be in writing, and set forth in complete detail the grounds relied upon. A copy of the appeal shall be sent to the opposite party, who shall have ten days following receipt to file a written response with the President.

12. In the absence of a timely appeal, or following receipt and consideration of all timely appeals and responses, the President may:
dismiss the grievance
grant such redress as is believed appropriate.
reconvene the campus hearing board to rehearse the grievance in whole or in part and/or review new evidence
convene a new campus hearing board to rehear the case in its entirety.
13. The President shall inform all parties of the decision in writing,and the grievance shall be thereafter concluded. The decision of the President is final and binding, and is not subject to appeal or review.

VIII.Composition of Screening and Hearing Boards

The following procedures are directives only, and for the benefit and guidance of deans and the President in the selection and establishment of divisional and campus hearing boards. The selection and establishment of aboard is not subject to challenge by a party, except that at the start of a hearing, a party may challenge for good cause a member or members of the hearing board before whom the party is appearing. The chairperson of the hearing board shall consider the challenge and may replace any member where it is believed necessary to achieve an impartial hearing and decision.

A. Divisional Screening Boards for Academic Grievances
1. Prior to the beginning of each academic year, the divisionalcouncil of each division shall choose at least fifteen facultymembers and fifteen students to be eligible to serve on boardsconsidering academic grievances from that division.Concurrently, it shall choose three other faculty members to beeligible to serve on boards considering academic grievancesfor the Administrative Dean for Office of UndergraduateStudies. The names shall be forwarded to the AdministrativeDean.

2. Prior to the beginning of each academic year, the AdministrativeCouncil of the Administrative Dean for Office of UndergraduateStudies shall choose at least fifteen students to be eligible toserve on a screening board to review grievances arising withinacademic units under the administration of the AdministrativeDean for Office of Undergraduate Studies. These names shallbe forwarded to the Administrative Dean.
B. Establishment of Screening Boards
1. Upon receipt of the names of the designated faculty and students,the dean shall appoint a five member divisional screeningboard. The screening board shall consist of three facultymembers and two students, and each shall serve for the academicyear or until a new board is appointed by the dean,whichever occurs later. The dean shall also designate twoalternate faculty members and two alternate students from thenames presented by the divisional council.

The dean shall designate one of the faculty members to be thechairperson of the divisional screening board.

Members of the divisional screening board shall not serve ona divisional hearing during the same year, except that the alternatemembers may serve on a hearing board other than oneconsidering a case in which the member has previously beeninvolved in the screening process.

A member of the divisional screening board shall not review agrievance arising out of his/her own department or program, insuch instance, an alternate member shall serve.

2. Upon receipt of the names of the faculty members designatedby each divisional council and students designated by theadministrative council, the Administrative Dean for Office ofUndergraduate Studies shall appoint a five member screeningboard to review grievances arising within the academic unitsunder his/her administration.
C. Divisional Hearing Boards for Academic Grievances

For each grievance referred by the divisional screening board, thedean shall appoint a five-member divisional hearing board.

The divisional hearing board shall be composed of three facultymembers and two students selected by the dean from amongthose names previously designated by the divisional screeningboard. The dean shall designate one faculty member as chairperson.

No faculty member or student shall be appointed to hear a grievancearising out of his/her own department or program.

The Administrative Dean for Office of Undergraduate Studies shallappoint in the same manner, a hearing board to hear each grievancereferred by the screening board reviewing grievances arisingfrom the academic units under his/her administration. The membersof the hearing board shall be selected from among thosenames previously forwarded to the Administrative Dean for Officeof Undergraduate Studies by the divisional councils and from thosewho have not been appointed to the screening board.

D. Campus Hearing Board for Academic Grievances

For each case referred by a divisional hearing board to the Presidentfor a hearing, the President shall
appoint a five-member campushearing board. The campus hearing board shall be composed ofthree faculty members and two students selected by the Presidentfrom among those names designated by the divisional councils andremaining after the establishment of screening boards.

The President shall designate one faculty member as chairperson.

No faculty member or student shall be appointed to hear a grievancearising out of his/her own division or administrative unit.

IX. Definitions

A. Day refers to days of the academic calendar, not includingSaturdays, Sundays, or holidays observed by UMCP.

B. Party refers to the student and the individual faculty member orhead of the academic unit against whom the grievance is made.

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Produced by the Office of the Registrar