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Student Handbook - Academic Expectations

The purpose of the University of Northern Colorado is to provide an environment in which the student can develop into an effective citizen and a useful and productive member of society. The freedom to learn depends upon opportunities and conditions in the classroom, on the campus, and in the larger community. The responsibility to secure and respect general conditions conducive to the freedom to learn is shared by all members of the academic community. Students are obligated to exercise their freedom with maturity and responsibility.

Student Rights

Students have the right to:

1. be informed of course requirements;
2. be evaluated fairly on the basis of their academic performance (their abilities and skills) as required by a professor as part of a course;
3. experience free and open discussion, inquiry, and expression, both in the classroom and in conference;
4. experience competent instruction and advisement.
5. take exception to the data or views presented and reserve judgment about matters of opinion;
6. expect protection against a professor’s improper disclosure of student’s views, beliefs, and political association which may surface as a result of instructing, advising, or counseling;
7. expect protection, through established procedures, against prejudicial or capricious evaluation (see Academic Appeals section).

Student Responsibilities

Students have the responsibility to:

1. inquire about course requirements if they do not understand them or are in doubt about them;
2. maintain the standards of academic performance established for individual courses and for programs of study;
3. initiate an investigation if they believe their academic rights have been violated. (See section on Academic Appeals);
4. learn the content of any course of study;
5. act in accordance with commonly accepted standards of academic conduct (see Student Conduct section).

Academic Appeal Procedure

Purpose

The purpose of the procedures outlined below is to provide an easily implemented means for appealing and resolving disputes concerning an academic decision which a student considers arbitrary, capricious, or contrary to University policy.

• Arbitrary, capricious: No discernible relationship between the act or decision complained of and the legitimate interests or considerations affecting or motivating such act or decision; i.e., disparate treatment of persons in essentially identical circumstances.
• Violations of policy: Encompasses misinterpretations, misapplication or violations of authorized University policies.

Before initiating these procedures, or between any of the appeals steps outlined below, students may, and are encouraged to seek advice from their academic advisor or, in the case of graduate, the Dean of the Graduate School.
It is the responsibility of the student to initiate the appeals procedure at each level: faculty member, school director or director’s designee, dean of the college, Undergraduate or Graduate Appeals Officer, and the Academic Appeals Board. If the student fails to pursue the matter in the manner provided in this policy, after the conference with the appropriate individual identified above, the original academic decision will be final. The student should also bring to the various conferences and to the Academic Appeals Board hearing all evidence on which he or she intends to rely. Extension of the initiation deadline for each required conference can be allowed by the responsible academic officer receiving the appeal if requested by the student with good cause shown. The length of such extension shall be appropriate to accommodate the cause of the delay. The following procedures outline the steps of the academic appeals process. It is expected that all of the parties involved at each step of the appeals process will make a good faith effort to resolve the issues.

Steps for Appeal

Conference with the Faculty Member. The student who has a specific problem or grievance shall first arrange a conference to discuss such problem or grievance with the faculty member who assigned the grade or whose action is addressed in the student’s appeal by the end of the third week of the following semester, including summer, in which the student is enrolled. The
faculty member must inform the student of his or her decision regarding the appeal within 21 calendar days of this required conference. The faculty member must be prepared to defend the decision or action(s) on the basis of University policy or sound academic policy. In matters concerning program area or school policy or procedures, the student should take the problem to the school director.
In the event that the faculty member is not available, due to absence from campus, illness or non-employed status during the first three weeks of the following semester, the student will direct the appeal to the school director or director’s designee if the director is not from the same discipline as the faculty member whose action is being appealed. To the extent possible, the school director or designee will obtain information from and discuss the appeal with the faculty member who assigned the grade or whose action is addressed in the student’s appeal before making a final decision on the appeal.
In the case of an appeal of a program area termination decision, the student will begin the appeal process as in three (3) below by requesting a conference with the dean of the college (or designee).
Conference with the School Director. If the student does not believe that the initial conference with the faculty member has resolved the problem, a request may be made for a conference with the faculty member’s school director if the director is not in the same discipline as the faculty member whose action is being appealed, the director will designate a faculty member in the same discipline to hear the student’s appeal at this level. The student is responsible for initiating this required conference within twenty-one (21) calendar days of the faculty member’s response if he or she wishes to pursue the appeal further. The school director shall confer with both student and faculty member. School director’s will inform their dean and the student of their decision regarding the student appeal within twenty-one (21) calendar days of this required conference. If the faculty member is the school director, the student should move to three (3) below and schedule a conference with the faculty member’s dean.

Conference with the Dean

If the student does not believe that the conference with the school director has resolved the problem, the student may request a conference with the dean of the college within twenty-one (21) calendar days after notification of the school director’s or director’s designee’s decision in two (2) above. The dean will issue a written reply to the student within twenty-one (21) calendar days of the conference. For a graduate student appeal, a copy of the dean’s response will be sent to the Dean of the Graduate School as an information item and is to be retained in the student’s file.
An appeal by a student of a recommendation for termination of the student’s academic program will be addressed directly to the dean by submitting a letter of intent to appeal by the end of the third week of the semester following the decision. Within twenty-one (21) calendar days after notification to the student of the decision and scheduled at least one week following submission of the letter of intent to appeal, the student shall also arrange a conference with the dean. The letter of intent to appeal will include:

• the identification of the faculty member or program area or school involved; and
• a description of the action or actions the student considers arbitrary, capricious, or contrary to University policy.
• When a student initiates an appeal of a program area termination decision with the dean, the student will be placed on suspension from his or her program and a hold will be placed on his or her registration which will not allow the student to register for additional courses until a final decision on the appeal has been reached. Any pre-registrations for future semesters will be withdrawn by the CAO for an undergraduate student and the Dean of the Graduate School for a graduate student. The student will complete any courses for which he or she is currently enrolled except when:
• the student voluntarily withdraws from the course or all courses; or
• for professional or ethical reasons and based on a program area or school recommendation to the Chief Academic Officer (CAO) or the Dean of the Graduate School, that the student not be allowed to continue participation in a course for which he or she is currently registered.
  The dean will promptly inform all involved faculty members, the school director and the CAO or the Dean of the Graduate School that the appeal has been filed. The dean will investigate the appeal by reviewing the evidence submitted by the student and consulting with affected parties. The dean will render a decision to support or not support the program area or school recommendation within twenty-one (21) calendar days of the required conference.
  If the appeal is upheld, the dean will submit a recommendation, addressed to the CAO or to the Dean of the Graduate School, with a copy to the student, to reinstate the student’s program. If the dean’s recommendation is endorsed by the CAO or the Dean of the Graduate School, the student will continue to pursue the degree program and any interrupted courses per stipulated conditions and agreements with the program area or school described in the dean’s letter of recommendation. If the CAO or the Dean of the Graduate School do not endorse the dean’s recommendation and do not reinstate the student to his or her program, the student may appeal that decision directly to the Academic Appeals Board and omit four (4) below of these procedures.

Conference with the Undergraduate or Graduate Appeals Officer

If the student is not satisfied with the results of the conference with the dean, an undergraduate student may file a written request with the CAO for a conference with the Undergraduate Appeals Officer in Academic Affairs; a graduate student may file a written request to the Dean of the Graduate School for a conference with the Graduate Appeals Officer in the Graduate School. The written request for a conference with the Undergraduate or Graduate Appeals Officer must be filed within thirty (30) calendar days of the dean’s decision or the end of the semester after receipt of the dean’s decision, whichever is greater. The written request for a conference must contain:

• the identification of the faculty member and academic department involved;
• a rationale explaining why the student considers the decision or action(s) to be arbitrary, capricious, or contrary to University policy; and
• a copy of the written response from the dean.

The Undergraduate or Graduate Appeals Officer will resolve the complaint. Upon completion of the investigation and no later than twenty-one (21) calendar days after the required conference with the student, the Undergraduate or Graduate Appeals Officer shall inform the student of a
decision.
If the appeal is dismissed, the student shall be informed in writing of the reasons for dismissal. If the appeal is upheld, the CAO or Dean of the Graduate School will so advise the student and resolve the matter with the school director and dean. The Undergraduate or Graduate Appeals Officer’s letter of response will be delivered either in person to the student by a University official or by certified mail to the student’s local address.

Request for Academic Appeals Board Hearing

If the student is not satisfied with the results of the required conferences, the student may file a request to the chair of the Academic Appeals Board (Board) for a formal hearing. The request for a hearing before the Board must be submitted within thirty (30) days of hand delivery or posting by certified mail of the letter from the Undergraduate or Graduate Appeals Officer. An affirmative vote by three (3) members of the Board will be required to hear the appeal. If an appeal is accepted for hearing, the chair of the Board shall set a date for the hearing within ninety (90) calendar days of the decision accepting the appeal for hearing.
It is the duty of the Hearing Panel to ensure that, in the case under consideration, the action or decisions of the faculty member or program area or school were not arbitrary, capricious, or contrary to University policy. All evidence considered in the case should be submitted to the Hearing Panel for review. After an impartial evaluation of that evidence, the Hearing Panel shall:

• uphold the action or decision of the faculty member or program area or school and dismiss the complaint; or
• uphold the contention of the student by deciding that the actions or decision of the faculty member or program area or school were arbitrary, capricious, or contrary to University policy. If a two-thirds vote of the Hearing Panel supports the student’s contention, the Hearing Panel shall have the authority to reverse the decision of the program area or school or faculty member, i.e., the Hearing Panel can direct the Registrar to change the student’s grade or can direct other appropriate action to ensure that justice is done to the student. The decision of the Hearing Panel shall be final and will be communicated, in writing, to the CAO or Dean of the Graduate School (depending on whether the appeal originated from an undergraduate or graduate student), the dean and school director. The Hearing Panel shall not disclose individual voting positions nor publish dissenting opinion.

The Hearing

Hearings shall be informal. The Chair of the Board shall preside over the hearing. The hearing is not regarded as a court of law and full adversary-type procedures will not be followed. To protect the student and the faculty member or program area or school, the hearing shall be both confidential and closed. A taped transcript of the proceedings shall be made and kept with the records of the hearing. All parties involved in the appeal have the right to attend the entire hearing, to be represented by academic counsel during the hearing, and to challenge testimony and evidence.

• Academic Counsel. A faculty member, fellow student or employee of UNC may agree to serve as the student’s academic counsel (advisor through the appeals process). In this role, the academic counsel will:
• meet with the student and help guide him or her properly through university procedures;
• discuss with the student the rationale for claiming the decision being appealed was arbitrary, capricious or contrary to university policy; and
• be allowed to be present at any or all required conferences and the hearing before the Hearing Panel but will not be allowed to speak for the student unless approved by the University Official(s) involved in the conference or the Hearing Panel.
• Academic Appeals Board.
• Membership. The membership of the Academic Appeals Board (Board) shall be composed of four (4) faculty members from different colleges and schools and four (4) alternate faculty appointed by the Faculty Senate, and students to be appointed as follows: four (4) undergraduate students and four (4) undergraduate student alternates appointed by the Student Representative Council (SRC) and four (4) graduate students and four (4) graduate student alternates appointed by the Graduate Student Association (GSA) such that each college with a graduate program is represented in the pool of eight (8). Four (4) undergraduate students will participate on the Board when an undergraduate appeal is to be heard. Four (4) graduate students will participate on the Board when a graduate student appeal is to be heard. The term of office for the Board members shall be for one (1) year beginning with Fall term. Appointments must be made by November 1st of each year. If the colleges or SRC fail to act, the CAO will make temporary faculty and/or undergraduate student appointments and the Dean of the Graduate School will temporarily appoint graduate students to the Board if the GSA does not provide appointments.
• Chair. The Chair of the Board shall be appointed by the CAO and approved by majority votes of the Faculty Senate and SRC. The Chair shall be a voting member and his or her term of responsibility shall be for two (2) years beginning with fall term. An alternate Chair may be appointed by the Board from its membership.
• Quorum. A quorum shall consist of the Chair, three (3) faculty members, and three (3) undergraduate or graduate students depending upon whether the Board is deliberating an undergraduate or a graduate student appeal.
• Chair Responsibilities. The Chair of the Academic Appeals Board shall:
• schedule all meetings of the hearing panel and notify all concerned parties of the time and place of the hearing;
• preside over the hearing and all deliberations of the Hearing Panel;
• conduct the hearing in a manner which protects academic due process;
• file a written report of the Hearing Panel’s decision with the CAO and distribute copies of the report to the student, faculty member, the school director, the appropriate dean or the Dean of the Graduate School in the case of an appeal by a graduate student, and the Undergraduate or Graduate Appeals Officer in the case of an appeal by a graduate student
• maintain records of each hearing. Except when required by a legally valid subpoena or when the parties have given written consent, access to records will be confined to authorized University personnel who require access in connection with the performance of their duties; and
• forward all records of the hearing as well as the final report to the University Counsel.

Graduate Student Petition for Exceptions

Graduate students may petition for exceptions to certain procedures, rules, policies, and requirements. For specific details regarding this process, graduate students are directed to meet with the Graduate Appeals Officer in the Graduate School Office.

Administrative Procedures

Pre-Hearing Procedure

• Jurisdiction of the Academic Appeals Board. The Academic Appeals Board (Board) has jurisdiction whenever the Appeal involves an “academic decision” and the appropriate University Administrator directs the Chair of the Board to schedule a hearing.
• Notice of Hearing. Upon receipt of a request for a formal hearing and determination that the Board has jurisdiction, the Chair of the Board shall issue written notice to the student, and the identified faculty member and/or program area or school of the time, place and date of the hearing, and the hearing rights as specified hereinafter.
• Pre-Hearing Disclosure. The notice of hearing shall require the student and the faculty member and/or program area or school to identify, in writing at least ten (10) calendar days prior to the date of hearing, all documents which contain, and the names and current addresses of all witnesses who have, relevant knowledge of facts relating or pertaining to the issues in contention as identified by the student in his or her request for a formal hearing. Upon receipt of the written submission from the student the Chair of the Board shall transmit a copy to the faculty member and/or program area or school and vice versa.
• Evidence. The Chair shall notify all witnesses which it determines may have relevant knowledge of facts or who are the custodians of documents which have, relating or pertaining to issues in contention which are within the purview of the Hearing Panel. The Chair should also attempt to collect all identified documents prior to the hearing and have them marked and made available for each Hearing Panel member’s review prior to and during the hearing.

Hearing Procedure

• Purpose. The purpose of the hearing shall be to assist the Hearing Panel in eliciting all reliable evidence which is probative of the issues in contention. The hearing shall be essentially investigatory and not essentially adversarial. It is the Hearing Panel’s obligation to investigate thoroughly all the reliable and probative evidence to the end of determining whether the actions or decisions of the faculty member and/or program area or school were arbitrary, capricious, prejudiced, or contrary to University policy. The Hearing Panel is not bound to examine any or all of the issues presented by the student if they are not germane to the aforesaid standard of review. However, if during the course of its investigatory review the Hearing Panel identifies facts which raise issues which are germane, it must consider them even though they were not raised by the student. Accordingly, the Hearing Panel must not limit its investigation solely to the evidence presented by the student and faculty member and/or program area or school, but must elicit all evidence from whatever sources that it deems necessary.
• Record. The record of the proceeding shall consist of a tape recording of the hearing, all documents presented and the Hearing Panel’s decision.
• Burden of Proof. Although the burden of affirmatively proving an assertion rests on the person making the assertion (in this case on the student to prove arbitrary, capricious, prejudiced actions or decisions), such burden does not absolve the Hearing Panel of its duty to investigate the matter fully. The Hearing Panel’s task is to investigate and determine facts, not merely to adjudicate.
• Preliminary Statement. The Chair of the Board shall call the hearing to order, identify the issues and parties involved and give an overview of the hearing process and purpose and scope of the Hearing Panel’s authority. The Chair shall inquire of the student and his or her counsel whether there are any objections to the time, place, notice, or other procedural matters. The Hearing Panel should deal with any legitimate procedural objections first.
• Presentation of Evidence. The presentation of evidence shall generally proceed in the following order:
• Presentation by student.
• Presentation by faculty member, program area or school and/or college.
• Interrogation of witnesses called by the Hearing Panel.
• Rebuttal presentation by student, if requested.
• Deliberation by the Hearing Panel. The presentation of oral testimony by a witness need not be by formal interrogation. A witness may simply be asked to disclose all testimony he or she has that relates to the issue in dispute. The Hearing Panel may reject unreliable, irrelevant or cumulative testimony. The Hearing Panel may interrogate a witness at any time on any subject it deems relevant. The Academic Appeals Board may sequester non-party witnesses (i.e., other than student and academic counsel, faculty member and academic counsel.) Documentary evidence may be accepted without a testimonial foundation but the Hearing Panel should be careful to assure authenticity. Documentary evidence, including sworn statements, should not be used as a substitute for intramural testimony unless the witness is unavailable due to reasons beyond the witnesses’ and the Hearing Panel’s control and then only if the evidence is deemed by the Hearing Panel to be complete and reliable.
• Cross-Examination. Any recognized party may call any available witness for examination in his or her or their respective presentation. Hence formal cross-examination should be unnecessary but may be allowed at the discretion of the Hearing Panel. Further, the Hearing
  Panel may, at the request of any recognized party, question any witness on any relevant subject.
• Deliberation. The Hearing Panel shall determine its own manner and time of deliberation, but is advised that such should be in private and conducted as soon after the hearing as is practicable.
• Closure. The Hearing Panel may adjourn the hearing to a later date if necessary to obtain further evidence. After the Hearing Panel is satisfied that it has received or obtained all relevant evidence necessary to its determination of all issues within its purview it shall finally adjourn the hearing.
• Decision. The Hearing Panel’s decision shall take the form of findings of fact, separately stated. Each finding should encompass a single fact which, as determined by two-thirds vote of the members of the Hearing Panel, is established by a preponderance of the evidence. (Preponderance is the greater weight of evidence--that evidence which outweighs the evidence opposing it.) The decision shall also state separately each conclusion reached by the Hearing Panel based upon the facts found. The conclusions must logically follow from the facts and must relate to the standards of review; i.e., arbitrariness, capriciousness, prejudice or violations of policy. Finally, the decision shall set forth a disposition of the appeal. This decision is final.