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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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