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I.
Shepherd University will take appropriate academic action when
a student fails to maintain the academic standards of the
University or when there is evidence that a student has violated
an academic policy. Students, in turn, have the right to
appeal academic actions. Examples
of situations requiring academic action would include the
following:
A.
Infraction of institutional academic standards, rules, and
regulations (required grade point averages, etc.) as stated
in the Shepherd
University Catalog.
B.
Final grade challenges.
C.
Academic dishonesty (e.g., plagiarism, cheating, falsifying
records, etc.)
D.
Failure to meet the standards required to continue in a
program of instruction, thus leading to dismissal from that
program.
II.
The University may impose the following sanctions upon a student
as a result of academic misconduct:
A.
Instructor Imposed Sanctions: Sanctions such as the reduction
of a grade, the failure of a course, or expulsion from a
class, all of which are may be applied by an individual
instructor. The maximum penalty a professor may impose is
a grade of F in the course.
B.
Academic Probation: Sanction imposed for failure to meet
academic standards imposed according to criteria printed
in the Shepherd
University Catalog, p.
62.
C.
Academic Suspension: Exclusion from all institutional activities
for a definite stated period of time not to exceed one calendar
year (Shepherd
University Catalog,
p. 62).
D.
Academic Dismissal: Termination of student status from some
or all programs, including any right or privilege to receive
any benefit or recognition or certification.
III.
The following procedures have been established for taking
institutional action toward a student. These procedures
are included here to assure the student of the institution’s
intent to provide due process and to explain his or her
right of.
A.
Procedures the institution will follow in administering
its admission policies and in administering its policies
where students fail to remain in good academic standing;
procedures for a student to follow in seeking an exception
to those policies:
1.
All academic standards, rules, and regulations of Shepherd
University shall be outlined in its catalog. These include,
but are not limited to, admissions requirements and academic
standards (i.e., requirements to maintain good academic
standing), policies regarding academic load, policies regarding
class withdrawal, and requirements for graduation.
2.
The Director of Admissions and his or her staff shall be
responsible for administering admissions policies outlined
in the Catalog.
3.
The Registrar and his or her staff shall be responsible
for administering the academic standards of the institution
as outlined in the catalog. Students who fail to meet the
academic standards will be notified of their deficiency
and of any sanctions imposed by the Office of the Registrar.
Students who wish to challenge or seek an exception to an
admissions policy or to an academic requirement should submit
a petition form to the chair of the Admissions and Credits
Committee a that includes the reason(s) why they believe
an exception to be justified.
4.
Decisions of the Admissions and Credits Committee may be
appealed to the University President whose decision is final.
B.
Procedures a student may follow to challenge the final grade
awarded to him or her by a professor:
1.
In any grade appeal, the student has the burden of proof
in establishing that there is “good cause” for changing
a final grade. Any of the following reasons, when supported
by sufficient evidence, shall constitute “good cause” for
changing a final grade.
a.
Malice or discrimination on the part of a professor in assigning
a grade. In such cases, a successful appeal must demonstrate
that a professor did not apply the same grading standards
to the student making the appeal that he or she did to other
members of the same class.
b.
A grade that is arbitrary or capricious. In these instances,
the student making the appeal must demonstrate that a final
grade was assigned with no discernible rationale on the
part of the professor.
c.
An error on the part of the professor in calculating, recording,
or reporting a final grade.
2.
None of the following shall constitute “good cause” for
changing a final grade.
a.
Disagreement with the course requirements established by
the professor.
b.
Disagreement with the grading standards established by the
professor.
c.
Disagreement with the judgment of the professor in applying
his or her grading standards, as long as that professor
has made a reasonable effort to be fair and consistent in
exercising that judgment. Good faith on the professor’s
part shall be assumed unless the student can offer convincing
arguments to the contrary.
d.
The student’s desire or need for a particular grade. The
consequences that a student might face as the result of
a grade shall not be regarded as relevant to the appeal
process.
3.
Process for Grade Appeal.
The
following steps constitute the established procedures for
appealing a grade.
Step
I: Faculty-Student Conference.
A
student wishing to appeal a grade shall first confer with
the professor who assigned it. The faculty-student conference
shall take place within the first 10 class days of the regular
semester immediately following the semester in which the
disputed grade was
assigned
(summer sessions are not considered to be regular semesters).
a.
Either the student or the instructor may request that the
department chair assign another member of the department
to witness the conference.
b.
The student shall explain his or her reasons for questioning
the grade, and the instructor shall explain his or her reasons
for assigning the grade.
c.
If the instructor decides that the grade should not be changed,
he or she shall notify the student of this decision at the
end of the conference.
d.
If the instructor decides that the grade should be changed,
he or she shall notify the Registrar and the Vice President
of Academic Affairs of this decision, in writing, within
five class days of the time that the conference occurs.
Step
2: Appeal to the Department Chair.
a.
If the conference with the instructor does not resolve the
concerns, the student may appeal the instructor’s decision
to the chair of the department in which the course was offered.
The appeal to the department chair should be filed within
five class days of the faculty-student conference, or within
the first fifteen days of the semester in which the grade
is eligible for appeal. If
the
student does not contact the department chair within 25
days of the beginning of the appropriate semester, the decision
of the instructor shall be considered final. The appeal
must be in writing and should contain the student’s reasons
for appealing the grade. The student should also provide
the department chair with copies of any documents that might
support the appeal.
b.
Upon receipt of a grade appeal, the department chair shall
ask the professor to submit a written justification of the
assigned grade.
c.
In evaluating the appeal, the department chair shall consider
the student’s written appeal and the instructor’s written
justification and may also consider the student’s written
work for the course in question. In order to make an equitable
decision, the chair may make further inquiries, consult
other people, arrange another conference, or request additional
evidence from either the student or the instructor.
d.
Within ten class days of receiving the student’s appeal,
the department chair shall provide both the student and
the instructor with a written notice of his or her decision.
The written notice should give the reasons for the decision
and may be given to the parties directly or mailed by certified
mail.
e.
In the written statement, The department chair shall give
the instructor and the student the reasons for the decision
f.
The department chair shall keep a grade appeal file containing
a copy of the decision and all written material used in
reaching that decision for at least 15 class days after
the parties have been notified. This material shall also
include notes from oral investigations.
g.
If the department chair decides that a grade should be changed,
and the instructor agrees not to appeal the chair’s decision,
the chair shall send a written notice to the Registrar no
more than ten class days after announcing the decision.
This letter should also contain the signature of the instructor,
which shall indicate that the professor does not intend
to appeal the chair’s decision. A copy of this letter should
also be sent to the Vice President for Academic Affairs.
h.
If the grade in question was assigned by a department chair
and the student wishes to appeal the grade after the faculty-student
conference, the student should appeal the instructor’s decision
directly to the chair of the division in which the course
was offered.
Step
3: Appeal to the Division Chair.
Any
student or faculty member may appeal the grade-appeal decision
of a department chair to the chair of the division in which
the course was originally offered. The student or the instructor
should file this appeal within five days of being notified
of the department chair’s decision.
a.
The appeal shall be in writing and shall contain the student’s
or the instructor’s reasons for appealing the department
chair’s decision
b.
Upon receiving an appeal from the student or the instructor,
the Division Chair shall ask the department chair to submit
a written report of his or her decision , along with a copy
of the complete appeal file.
c.
In arriving at a decision, the Division Chair should consider
the written appeal, the instructor’s written response, and
the department chair’s written report, and may also consider
the student’s written work for the course in question. The
Division Chair may also additional inquiries that could
be of assistance in reaching an equitable decision.
d.
The Division Chair shall reach a decision within ten days
of receiving the student’s appeal
e.
Within ten class days of receiving the student’s appeal,
the Division chair shall provide both the student and the
instructor with a written notice of his or her decision.
The written notice should give the reasons for the decision
and may be given to the parties directly or mailed by certified
mail.
f.
The Division Chair shall keep a grade appeal file containing
a copy of the decision and all written material used in
reaching that decision for at least 15 class days after
the parties have been notified. This material shall also
include notes from oral investigations.
g.
If the Division Chair decides that a grade should be changed,
and the instructor agrees not to appeal the chair’s decision,
the chair shall send a written notice to the Registrar no
more than ten class days after announcing the decision.
This letter should also contain the signature of the instructor,
which shall indicate that the professor does not intend
to appeal the chair’s decision. A copy of this letter should
also be sent to the Vice President for Academic
Affairs.
h.
If the grade in question was assigned by a Division Chair
and the student or the instructor wishes to appeal the grade,
the student or instructor shall initiate an appeal to the
Appeal Committee.
Step
4: Appeal to the Appeal Committee
The
final step in the grade appeal process is the campus Grade
Appeal Committee. A student or an instructor may appeal
the decision of a Division Chair to the Grade Appeal Committee
by filing a written statement with the Vice President for
Academic Affairs within five days of receiving the Division
Chair’s report.
a.
Within five class days of receiving the written appeal,
the Vice President for Academic Affairs shall notify the
Division Chair and the non-appealing party (instructor or
student) that an appeal has been filed.
b.
Within five class days of receiving an appeal, the Vice
President for Academic Affairs shall submit a list of six
faculty members to the student, with instructions to strike
two within three days. Thereafter, the Vice President for
Academic Affairs shall submit the four names to the instructor
to strike two names within three days.
c.
The Vice President for Academic Affairs or his or her designee
shall act as chair of the resulting three-person Appeal
Committee.
d.
The Appeal Committee may consider all materials in the appeal
file constructed by the Division Chair, i.e., the student’s
original appeal, the faculty member’s written justification,
the department chair’s written report, the Division Chair’s
written report, the student’s written work for the course,
and all other items the Division Chair may have used in
reaching the decision. (In the event that the appeal relates
to a Division Chair’s grade, the appeal file should be compiled
by the Appeal Committee.) The student and the instructor
shall each be entitled to submit additional written statements
for consideration by the Appeal Committee.
e.
The Appeal Committee may conduct any additional inquiries
that its members believe necessary or useful.
f.
The Appeal Committee shall reach a decision no later than
the last day of regular classes before the final exam period
of the semester in which the appeal has been filed.
g.
The student, the instructor, the department chair and the
Division Chair and the chair shall be given written notice
of the Appeal Committee’s decision.
h.
If the Appeal Committee decides to change the grade, the
committee chair shall notify the Registrar in writing no
later than five class (or business) days after the decision
has been reached.
i.
The decision of the Appeal Committee shall be regarded as
final.
UNUSUAL
CIRCUMSTANCES: Some grade appeal cases may present practical
obstacles to pursuing the above procedures precisely as
outlined. For instance, an instructor may be absent from
campus during the applicable appeal period or the student
may have an overwhelmingly compelling reason for a rapid
decision (e.g., a second semester senior’s
qualification
for immediate graduation might hinge on the outcome of an
appeal of a grade just received). In such circumstances,
the Vice President for Academic Affairs or designee has
the discretion to modify the procedures to accommodate the
special requirements of the situation. In exercising this
discretion; however, the VPAA should attempt to adhere to
the
spirit of the regular procedures. The VPAA shall commit
the established special rules to writing and distribute
them to all parties concerned.
C.
Procedures the institution shall follow in the event charges
of academic dishonesty are filed against a student (e.g.,
plagiarism, cheating, falsifying records); procedures the
accused student may follow in appealing institutional action:
1.
Charges of academic dishonesty on the part of a student
may be filed by any member of the academic community. Such
charges shall first be reviewed at the department level
by the department chair, the faculty member making the charge,
and the accused student. If a written admission of guilt
is submitted by the student, the matter may be resolved
at this point. The maximum penalty imposed on a student
at the department level may not exceed a grade of F in the
course.
2.
If the student denies the charges, or the department chair
or faculty member judges that the penalties at this step
are insufficient for a specified act, a written statement
may be submitted to the Vice President for Academic Affairs
or his or her designee
3.
After reviewing all relevant evidence the Vice President
for Academic Affairs may issue a decision or refer the case
for a hearing before the Academic Appeals Committee.
4.
Either the accused student or the professor may appeal the
decision of the Vice President for Academic Affairs by submitting
a written request for a hearing before the Academic Appeals
Committee.
5.
Upon receiving a written request for a hearing, the chair
of the Academic Appeals Committee shall present to the accused
student and to the person making the accusation written
notification of the charges, which shall include at least
the following items:
a.
A statement of the charges.
b.
A statement that a hearing will be held before the Academic
Appeals Committee together with a notice of the date, time,
and place of the hearing.
c.
A clear statement of the facts and evidence in support of
the charges made.
d.
A statement advising the accused of his or her right to
bring witnesses and to cross examine witnesses.
e.
A written statement advising the student that the hearing
shall be conducted as follows:
i.
The student may be advised by a person of his or her choice.
If the student retains legal counsel, it shall be at the
his or her own expense. The role of the advisor is to assure
that the student receives due process during all stages
of the hearing; the advisor is not present to affect the
outcome of the proceedings. An advisor may consult with
the accused student but may not speak on behalf of the student
or otherwise participate directly in the proceedings unless
given specific permission to do so by the hearing board.
ii.
The formal rules of evidence do not apply.
iii.
An accurate record of the hearing is to be kept. The student
may request a transcript of the proceedings at the student’s
expense.
iv.
Institutional representatives have the right to retain legal
counsel in those proceedings in which the student has retained
legal counsel as an advisor.
v.
The chair of the Academic Appeals Committee shall follow
the procedures as outlined in step four, Grade Appeals.
D.
In cases of academic dishonesty, a decision by the Academic
Appeals Committee is final. Procedures the institution will
follow when considering dismissing a student from a program;
procedures the student may follow in appealing an institutional
action.
Several
departments of instruction (e.g. teacher education and nursing)
offer programs that require students to meet certain academic
and professional standards in order to continue enrollment
in the program. When a student reaches that point in his
or her studies when he or she may or may not qualify to
continue in the program, the following procedures shall
be followed.
1.
When it appears that a student is not meeting the standards
of the program, the student shall be counseled about his
or her lack of progress by one or more faculty members responsible
for the program.
2.
When it appears to one or more faculty members that a student
has failed to meet the standards for continuing in the program,
the faculty member(s) shall notify the department chair
and a formal review of the student’s status will be conducted
by a committee made up of three or more of the department,
who will determine whether or not the student may continue
in the program.
a.
If the review committee decides to retain the student, the
student shall be advised in writing what steps, if any,
will be required as a condition of retention.
b.
If the review committee decides to dismiss the student from
the program, the student will be notified of the available
procedures for appealing the decision.
3.
The student may appeal the decision of the review committee
to the Academic Appeals Committee. If the student elects
to appeal, he or she shall submit an appeal in writing to
the chair of this committee. A written appeal should be
filed within five class or examination days of the time
that the student receives written notice of his or her dismissal
from a department or program of instruction.
4.
The composition of the Academic Appeals Committee shall
be as described in step four under “Procedures for Grade
Appeals.” Within five class or examination days after receiving
the written appeal, the Committee chair shall notify the
student and the chair of the department that a hearing of
the appeal will be conducted. This notice shall include
the time, date, and place of the hearing.
5.
Hearing procedures will be conducted under the following
conditions:
a.
Students may be advised by a person of their choice. The
role of the advisor is to assure due process protection
to the student; the advisor is not present to affect the
outcome of the proceedings. An advisor may consult with
the accused student but may not speak on behalf of the student
or otherwise participate directly in the proceedings, unless
given specific permission to do so by the hearing board.
b.
The formal rules of evidence do not apply.
c.
Witnesses may be presented and examined under oath
d.
An accurate record of the procedure will be kept. The student
may request a transcript of the proceedings at the student’s
expense.
e.
Institutional representatives have the right to retain legal
counsel in those proceedings in which the student has retained
legal counsel as an advisor.
6.
The Academic Appeals Committee shall establish the rules
applicable to this hearing. However, rules governing the
nature and extent of the presentations allowed the contending
parties shall be the same for both student and professor.
In order to assure due process, the Academic Appeals Committee/chairperson
may incorporate other procedures outlined under step four
of the “Grade Appeals.”
7.
After reviewing all evidence submitted by the department
to justify the student’s dismissal from the program and
all evidence submitted by the student to justify his or
her continuation in the program, the Academic Appeals Committee
will render a decision regarding dismissal or retention.
A recommendation for dismissal must be reviewed by the Vice
President for Academic Affairs who may confirm or remand
the recommendation to the Academic Appeals Committee for
further review. A remand for a review must include specific
conditions for the review process.
8.
A recommendation for dismissal by the Academic Appeals Committee,
if confirmed by the Vice President for Academic Affairs,
may be appealed to the President whose decision is final. |
