University of Maryland
Consolidated USMH & UMCP Policies and Procedures Manual
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V-1.00(A) UMCP UNDERGRADUATE STUDENT GRIEVANCE PROCEDURE
 
                 APPROVED BY THE PRESIDENT 1 AUGUST 1991
 
  A.   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.
 
  B.   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.
 
       1.   Faculty
 
            The following are considered to be reasonable
            expectations of faculty:
 
            a.   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.
 
            b.   There shall be reasonable notice of major papers
                 and examinations in the course.
 
            c.   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.
 
            d.   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.
 
            e.   There shall be a reasonable approach to the
                 subject which attempts to make the student aware
                 of the existence of different points of view.
 
            f.   There shall be reasonable access to the instructor
                 during announced regular office hours or by
                 appointment.
 
            g.   There shall be regular attendance by assigned
                 faculty unless such attendance is prevented by
                 circumstances beyond the control of the faculty
                 member.
 
            h.   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.
 
            i.   Reasonable confidentiality of information gained
                 through student-faculty contact shall be
                 maintained.
 
            j.   There shall be public acknowledgement of
                 significant student assistance in the preparation
                 of materials, articles, books, devices and the
                 like.
 
            k.   There shall be assignment of materials to which
                 all students can reasonably expect to have access.
 
       2.   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 Registrar's Office shall, whenever
            possible, provide the following:
 
            a.   Accurate information on academic requirements
                 through designated advisors and referral to other
                 parties for additional guidance.
 
            b.   Specific policies and procedures for the award of
                 academic honors and awards, and impartial
                 application thereof.
 
            c.   There shall be equitable course registration in
                 accordance with University policy and guidelines.
 
 
  C.   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 pursuant
       to the Undergraduate Student Grievance Procedure.
 
  D.   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:
 
       1.   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;
 
       2.   Any statute, regulation, directive, or order of any
            department or agency of the United States or the State
            of Maryland;
 
       3.   Any matter outside the control of the University of
            Maryland System;
 
       4.   Course offerings;
 
       5.   The staffing and structure of any academic department
            or unit;
 
       6.   The fiscal management and allocation of resources by
            the University of Maryland System and the University of
            Maryland at College Park;
 
       7.   Any issue(s) or act(s) which does (do) not affect the
            complaining party directly;
 
       8.   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:
 
            a.   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.
 
            b.   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.
 
       9.   "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;
 
       10.  There may be no challenge to the award of a specific
            grade under these procedures.
 
  D.   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.
 
 
  E.   Procedure for Grievance Involving Faculty Member or
       Academic Unit
 
       1.   Informal Resolution
 
            The initial effort in all cases shall be toward
            achieving a resolution of the grievance through the
            following informal means:
 
            a.   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.
 
             b.  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.
 
       2.   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:
 
            a.   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).
 
            b.   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.
 
            c.   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.
 
            d.   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.
 
            e.   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.
 
            f.   A copy of the faculty member's response shall be
                 sent by the divisional screening board to the
                 student filing the grievance.
 
            g.   The divisional screening board may request further
                 written information from either party.
 
            h.   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.
 
            i.   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.
 
       Divisional Hearing Board
 
       The following rules apply to the conduct of a hearing by the
       divisional hearing board:
 
            a.   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.
 
            b.   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 a
                 part of the record.
 
            c.   Hearings are closed to the public unless a public
                 hearing is specifically requested by both parties.
 
            d.   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.
 
            e.   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.
 
            f.   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.
 
            g.   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.
 
            h.   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.
 
            i.   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 case in its entirety.
 
            j.   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.
 
  F.   Grievance Procedures Against the Dean for Undergraduate
       Studies
 
       1.   Informal Resolution
 
            The initial effort in all cases shall be to achieve
            resolution of the grievance through informal means.
 
            a.   The student should first contact the
                 administrative dean, present the grievance in its
                 entirety, and attempt a complete resolution.
 
            b.   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.
 
            c.   The Vice President shall attempt to mediate the
                 dispute. Should a  mutually acceptable resolution
                 be reached, the case shall be closed.
 
       2.   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:
 
            a.   The student shall file with the President a timely
                 written grievance.
 
            b.   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.
 
            c.   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.
 
            d.   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.
 
            e.   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.
 
            f.   In its discretion, the divisional screening board
                 may request further written submissions from the
                 student and/or the administrative dean.
 
            g.   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.
 
            h.   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.
 
            i.   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.
 
            j.   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.
 
            k.   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.
 
            l.   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 rehear
                      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.
 
            m.   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.
 
  G.   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 a board 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.
 
       1.   Divisional Screening Boards for Academic Grievances
 
            a.   Prior to the beginning of each academic year, the
                 divisional council of each division shall choose
                 at least fifteen faculty members and fifteen
                 students to be eligible to serve on boards
                 considering academic grievances from that
                 division. Concurrently, it shall choose three
                 other faculty members to be eligible to serve on
                 boards considering academic grievances for the
                 Administrative Dean for Undergraduate Studies. The
                 names shall be forwarded to the Administrative
                 Dean.
 
            b.   Prior to the beginning of each academic year, the
                 Administrative Council of the Administrative Dean
                 for Undergraduate Studies shall choose at least
                 fifteen students to be eligible to serve on a
                 screening board to review grievances arising
                 within academic units under the administration  of
                 the Administrative Dean for undergraduate studies.
                 These names shall be forwarded to the
                 Administrative Dean.
 
       2.   Establishment of Screening Boards
 
            a.   Upon receipt of the names of the designated
                 faculty and students, the dean shall appoint a
                 five member divisional screening board.  The
                 screening board shall consist of three faculty
                 members and two students, and each shall serve for
                 the academic year or until a new board is
                 appointed by the dean, whichever occurs later. The
                 dean shall also designate two alternate faculty
                 members and two alternate students from the names
                 presented by the divisional council.
 
                 The dean shall designate one of the faculty
                 members to be the chairperson of the divisional
                 screening board.
 
                 Members of the divisional screening board shall
                 not serve on a divisional hearing during the same
                 year, except that the alternate members may serve
                 on a hearing board other than one considering a
                 case in which the member has previously been
                 involved in the screening process.
 
                 A member of the divisional screening board shall
                 not review a grievance arising out of his/her own
                 department or program, in such instance, an
                 alternate member shall serve.
 
            b.   Upon receipt of the names of the faculty members
                 designated by each divisional council and students
                 designated by the administrative council, the
                 Administrative Dean for Undergraduate Studies
                 shall appoint a five member screening board to
                 review grievances arising within the academic
                 units under his/her administration.
 
       3.   Divisional Hearing Boards for Academic Grievances
 
            For each grievance referred by the divisional screening
            board, the dean shall appoint a five-member divisional
            hearing board.
 
            The divisional hearing board shall be composed of three
            faculty members and two students selected by the dean
            from among those names previously designated by the
            divisional screening board. The dean shall designate
            one faculty member as chairperson.
 
            No faculty member or student shall be appointed to hear
            a grievance arising out of his/her own department or
            program.
 
            The Administrative Dean for Undergraduate Studies shall
            appoint in the same manner, a hearing board to hear
            each grievance referred by the screening board
            reviewing grievances arising from the academic units
            under his/her administration. The members of the
            hearing board shall be selected from among those names
            previously forwarded to the Administrative Dean for
            Undergraduate Studies by the divisional councils and
            from those who have not been appointed to the screening
            board.
 
       4.   Campus Hearing Board for Academic Grievances
 
            For each case referred by a divisional hearing board to
            the President for a hearing, the President shall
            appoint a five-member campus hearing board. The campus
            hearing board shall be composed of three faculty
            members and two students selected by the President from
            among those names designated by the divisional councils
            and remaining 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 grievance arising out of his/her own division or
            administrative unit.
 
  H.   Definitions
 
       1.   Day refers to days of the academic calendar, not
            including Saturdays, Sundays, or holidays observed by
            UMCP.
 
       2.   Party refers to the student and the individual faculty
            member or head of the academic unit against whom the
            grievance is made.
 
 

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