ARTICLE 2

ARTICLE 2

Academic Rights and Responsibilities

2.1 Preamble

2.1.1 The freedom and effectiveness of the educational process depend upon the provision of appropriate conditions and opportunities for learning in an environment that is supportive of diversity among ideas, cultures, and student characteristics. The responsibility to secure, respect, and protect such opportunities and conditions is shared by all members of the academic community. The primacy of the faculty's role and its centrality in the educational process must be recognized and preserved. The primary intellectual purpose of the University -- its intellectual content and integrity -- is the responsibility of the faculty.

2.1.2 The establishment and maintenance of the proper relationship between instructor and student are fundamental to the University's function, and require both instructor and student to recognize the rights and responsibilities which derive from it. The relationship between instructor and student as individuals should be founded on mutual respect and understanding together with shared dedication to the educational process.

2.2 Role of the Faculty in the Instructional Process

2.2.1 No provision for the rights of students can be valid which suspends the rights of the faculty. The student's right to competent instruction must be reconciled with the rights of the faculty, consistent with the principle that the competency of a professional can be rightly judged only by professionals. It is therefore acknowledged and mandated that competence of instruction shall be judged by the faculty.

2.2.2 Teaching units shall provide appropriate and clearly defined channels for the receipt and consideration of student complaints concerning instruction. In no instance shall the competence of instruction form the basis of an adversarial proceeding before any of the judicial bodies established in this document.

2.2.3 Faculty shall have authority and responsibility for academic policy and practices in areas such as degree eligibility and requirements, course content and grading, classroom procedure, and standards of professional behavior in accordance with the Bylaws for Academic Governance, the Code of Teaching Responsibility, and other documents on faculty rights and responsibilities.

2.2.4 No hearing board established under this document shall interfere with the evaluation of a student which represents a course instructor's good faith judgment of the student's performance. In the event that an evaluation is determined to be based on inappropriate or irrelevant factors, as discussed in 2.3.2 below, the dean of the college shall cause the student's performance to be reassessed and good faith evaluation established.

2.3 Rights and Responsibilities of the Student

2.3.1 The student is responsible for learning the content of a course of study according to standards of performance established by the faculty and for adhering to standards of professional behavior established by the faculty.

2.3.2 The student has a right to academic evaluations which represent the course instructor's good faith judgments of performance. Course grades shall represent the instructor's professional a nd objective evaluation of the student's academic performance. The student shall have the right to know all course requirements, including grading criteria, and procedures at the beginning of the course. Course evaluation procedures are covered by the Code of Teaching Responsibility.

2.3.2.1 To overcome the presumption of good faith, it must be demonstrated that an evaluation was based entirely or in part upon factors that are inappropriate or irrelevant both to academic performance and applicable professional standards.

2.3.3 The student shares with the faculty the responsibility for maintaining the integrity of scholarship, grades, and professional standards.

2.3.4 The student shall be free to take reasoned exception to information and views offered in the classroom, and to reserve judgment about matters of opinion, without fear of penalty.

2.3.5 The student's behavior in the classroom shall be conducive to the teaching and learning process for all concerned.

2.3.6 The student has a right to be governed by educationally justifiable academic regulations and professional standards.

2.3.7 The student has a right to accurate, timely, and clearly stated information concerning general academic requirements for establishing and maintaining an acceptable academic standing, the student's academic relationship with the University and the details of any special conditions which may apply, and graduation requirements for the student's academic program. Students are responsible for informing themselves of University, college, department, and school requirements as stated in unit publications and in the University catalog. In planning to meet such requirements, students are responsible for consulting with their academic advisors.

2.3.8 The student has a right to protection against improper disclosure of information concerning academic performance and personal characteristics such as values, beliefs, organizational affiliations, and health.

2.3.9 The student has a right to be protected from personal exploitation and to receive recognition for scholarly assistance to faculty.

2.3.10 The student has a right to scholarly relationships with faculty based on mutual trust and civility.

2.4 Adjudication of Undergraduate Student Grievances and Cases of Academic Dishonesty, Violations of Professional Standards, and Falsification of Admissions and Academic Records.

2.4.1 The University undertakes, within the limits of its resources and the limits imposed by due respect for the professional rights of the faculty, to supply an appropriate remedy for legitimate student grievances. (The limits of the University's resources proceed from factors that, while subject to its influence, are not always subject to its control.)

2.4.1.1 Procedures for the adjudication of grievances must proceed in a timely manner.

2.4.2 If problems arise in the relationship between instructor and student, both should attempt to resolve them in informal, direct discussions. If the problem remains unresolved, then the chief a dministrator of the unit and/or the Ombudsman should be consulted. If still aggrieved, a student may then submit a formal, written grievance for consideration by an appropriate hearing board. The formal grievance alleging violations of academic rights must include a proposed remedy, which could be implemented by a responsible administrator.

2.4.2.1 Grievances must normally be initiated no later than mid-term of the semester following the one wherein the alleged violation occurred. If the involved instructor or student is absent from the University during the semester, or if other appropriate reasons exist, an exception to this provision shall be granted by the unit. If the involved instructor is no longer employed by the University before the formal grievance procedure is completed, the grievance process may proceed.

2.4.2.2 Student grievances must be initiated at the lowest administrative level feasible: normally, the department/school. With the approval of the college dean, small departments/schools may waive jurisdiction and refer grievances to the college hearing board.

2.4.2.3 Administrators shall transmit written grievances promptly to the unit hearing board and to the instructor or other persons party to the matter.

2.4.3 For the purpose of constituting a department/school or college hearing board, undergraduate students shall be represented on the hearing board.

2.4.4 Parties to a grievance shall have an opportunity to state their cases, present evidence, designate witnesses, ask questions, and present a rebuttal.

2.4.4.1 Units shall constitute their hearing boards and establish their own procedures in a manner consistent with this document. A copy of procedures adopted by each unit shall be filed with the Office of the Ombudsman and with other appropriate offices.

2.4.4.2 Unit hearing boards shall ensure that a collegial atmosphere prevails in grievance hearings. Involvement of counsel should normally not be required. When present, counsel shall be limited to a member of the student body, faculty, or staff of the University. No member of the University's legal department shall serve as counsel under these provisions.

2.4.5 The hearing board shall prepare a written report of findings, and forward copies to the parties involved and to the Ombudsman. All recipients are expected to respect the confidentiality of this report. When a hearing committee finds that a violation of academic rights has occurred and that redress is possible, it shall direct that redress be provided. The responsible administrator, with the advice of the hearing board, shall implement an appropriate remedy.

2.4.6 The appropriate initial judiciary for cases involving alleged violations of regulations prohibiting academic dishonesty, violations of professional standards, or falsification of admission or academic records by undergraduate students which are referred for disciplinary action shall be the hearing board of the college within which the violation is alleged to have occurred.

2.4.6.1 In cases of ambiguous jurisdiction, the appropriate judiciary will be randomly selected by the Assistant Provost for Undergraduate Education from the hearing boards for the Colleges of Arts and Letters, Natural Science, and Social Science.

2.4.6.2 In cases of academic dishonesty, violations of professional standards, or falsification of admission or academic records by undergraduate students which are referred for disciplinary action, the college level hearing boards shall have available to them the full range of decisions provided to a judiciary for disciplinary cases through this document. The dean of the student's college may implement the finding, request the hearing board to reconsider its decision, or forward the finding and a conflicting recommendation to the Office of the Provost for final resolution.

2.4.7 Either party to a grievance may appeal the decision of the department / school hearing board to the college hearing board. All appeals must be in writing. When a college hearing board finds that a violation of academic rights has occurred and that redress is possible, it shall direct that redress be provided. The responsible administrator, with the advice of the board, shall implement an appropriate remedy.

2.4.7.1 Either party to a grievance may appeal the decision of the college hearing board to the University Academic Integrity Review Board only in cases of a penalty grade for academic dishonesty; cases involving alleged violations of regulations prohibiting academic dishonesty, violations of professional standards or falsifications of admission and academic records by undergraduate students which are referred for disciplinary action; or other grievances heard only at the college level. All grievances must be in writing. When the University Academic Integrity Review Board finds that such a violation of academic rights has occurred and that redress is possible, it shall direct that redress be provided. The responsible administrator, with the advice of the board, shall implement an appropriate remedy.

2.4.7.1.1 All appeals to the University Academic Integrity Review Board in cases of a penalty grade for academic dishonesty must specify the alleged defects in the substance and/or procedures of the previous adjudication(s) in sufficient particularity to justify further proceedings.

2.4.7.1.2 All appeals to the University Academic Integrity Review Board in cases of alleged violations of regulations prohibiting academic dishonesty, violations of professional standards, or falsification of admission and academic records which are referred for disciplinary action must specify the alleged defects in the substance and/or procedures of the previous adjudication in sufficient particularity to justify further proceedings.

2.4.7.2 Appeals may challenge the substance of a decision and/or the procedures employed in the adjudication. (Presentation of new evidence will normally be inappropriate at an appeal hearing.)

2.4.7.3 Appeals must be filed within ten class days following notice of a decision. The original decision shall be held in abeyance while under appeal.

2.4.8 If a student is accused of academic dishonesty and is referred for judicial action, and if a disciplinary sanction is not held to be supported by the preponderance of evidence as required in Article 4, the student may appeal a penalty grade received in the case to the department/school hearing board as indicated in 2.4.9.

2.4.9 A student who receives a penalty grade based upon a charge of academic dishonesty, even if not referred for disciplinary action, may seek a hearing according to the procedures in this Article. In such a hearing, the burden of proof shall rest upon the instructor whose prior assignment of the penalty grade will constitute a charge of academic dishonesty. The hearing board shall proceed in compliance with applicable academic legislation on the integrity of scholarship, grades, and professional standards, and the procedural and appeal provisions of this document shall apply.