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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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