University of Maryland
Consolidated USMH & UMCP Policies and Procedures Manual
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III-1.20(B) UMCP PROCEDURES FOR REVIEW OF ALLEGED ARBITRARY AND CAPRICIOUS GRADING--UNDERGRADUATE STUDENTS
 
            APPROVED BY PRESIDENT DECEMBER 4, 1990
 
 
 
  PURPOSE
 
       The following procedures are designed to provide a means for
       undergraduate students to seek review of final course grades
       alleged to be arbitrary and capricious.  Before filing a formal
       appeal, students are urged to resolve grievances informally with
       the instructor and/or the administrator of the academic unit
       offering the course.  Students who file a written appeal under
       the following procedures shall be expected to abide by the final
       disposition of the appeal, as provided in Paragraph E, below, and
       shall be precluded from seeking review of the matter under any
       other procedure within the University.
 
  DEFINITIONS
 
       When used in these procedures:
 
       A.  The term "arbitrary and capricious" grading means:
 
           1.  the assignment of a course grade to a student on some
               basis other than performance in the course; or,
 
           2.  the assignment of a course grade to a student by
               resorting to unreasonable standards different from those
               which were applied to other students in that course; or,
 
           3.  the assignment of a course grade by a substantial,
               unreasonable and unannounced departure from the
               instructor's previously articulated standards.
 
       B.  The words "day" or "days" refer to normal working days at the
           University, excluding Saturdays, Sundays and University
           holidays.
 
       C.  The word "administrator" is defined as the administrative
           head of the academic unit offering the course.
 
  PROCEDURES
 
       A.  A student who believes his/her final grade in a course is
           improper and the result of arbitrary and capricious grading
           should first confer promptly with the instructor of the
           course. If the instructor has left the University, is on
           approved leave, or cannot be reached by the student after a
           reasonable effort, the student shall consult with the
           administrator. If the student and the instructor or
           administrator are unable to arrive at a mutually agreeable
           solution, the student may file an appeal within twenty days
           after the first day of instruction of the next semester
           (excluding summer terms) to a standing committee consisting
           of three tenured faculty members of the academic unit
           offering the course.  If the instructor of the course is a
           member of the committee, that instructor shall be
           disqualified and replaced by a tenured faculty member
           selected by the administrator.
 
       B.  The student shall file an appeal by submitting to the
           committee a written statement detailing the basis for the
           allegation that a grade was improper and the result of
           arbitrary and capricious grading, and presenting relevant
           evidence.  The appeal shall be dismissed if:
 
            1. the student has submitted the same, or substantially the
               same complaint to any other formal grievance procedure;
               or,
 
            2. the allegations, even if true, would not constitute
               arbitrary and capricious grading;
 
            3. the appeal was not timely; or,
 
            4. the student has not conferred with the instructor or with
               the instructor's immediate administrative supervisor, in
               accordance with Paragraph A of these procedures.
 
       C.  If the appeal is not dismissed, the committee shall submit a
           copy of the student's written statement to the instructor
           with a request for a prompt written reply.  If it then
           appears that the dispute may be resolved without recourse to
           the procedures specified in Paragraph D, below, the committee
           will attempt to arrange a mutually agreeable solution.
 
       D.  If a mutually agreeable solution is not achieved, the
           committee shall proceed to hold an informal, non-adversarial
           fact-finding meeting concerning the allegations.  Both the
           student and the instructor shall be entitled to be present
           throughout this meeting and to present any relevant evidence,
           except that the student shall not be present during the
           discussion of any other student.  Neither the student nor the
           faculty member shall be accompanied by an advocate or
           representative.  The meeting shall not be open to the public.
 
       E.  The committee shall deliberate privately at the close of the
           fact-finding meeting.  If a majority of the committee finds
           the allegation supported by clear and convincing evidence,
           the committee shall take any action which they feel would
           bring about substantial justice, including, but not limited
           to:
 
            1. directing the instructor to grade the student's work
               anew; or
 
            2. directing the instructor to administer a new final
               examination or paper in the course; or
 
            3. directing the cancellation of the student's registration
               in the course; or
 
            4. directing the award of a grade of "pass" in the course,
               except that such a remedy should be used only if no other
               reasonable alternative is available.  The committee is
               not authorized to award a letter grade or to reprimand or
               otherwise take disciplinary action against the
               instructor.  The decision of the committee shall be final
               and shall be promptly reported in writing to the parties.
               The administrator of the academic unit shall be
               responsible for implementing the decision of the
               committee.
 
 
 
 

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