Academic Grievance Procedures

IV. THE ACADEMIC GRIEVANCE COMMITTEE

  1. Composition of the AGC and Its Hearing Committee. The AGC has ten (10) members: a chairperson, three (3) undergraduate students, three (3) graduate students, and three (3) faculty members. For pre-hearings and hearings, the AGC shall have seven (7) members: the AGC chairperson serving as chair of the hearing committee, the three faculty members, and three undergraduate students when the grievant is an undergraduate student, or the three graduate students when the grievant is a graduate student.

    Five (5) members of the AGC shall constitute a quorum for a hearing.

    The Dean of Students shall appoint the AGC members as follows: (1) the AGC chairperson, from the faculty; (2) three undergraduate students, nominated by ASUH; (3) three graduate students, nominated by GSO; and (4) three faculty, nominated by the Faculty Senate, at least two of whom shall have regular graduate faculty standing. The ASUH, GSO, and the Faculty Senate shall each nominate three additional representatives who shall be appointed alternates.

    All members of the AGC serve for one academic year with terms beginning on the first day and ending on the last day of the 9 month duty period (of nine-month faculty). Members may be reappointed.
  2. Responsibilities and Procedures of the AGC
    1. Pre-hearing Procedures
      1. Upon receipt of an appeal the chairperson of the AGC shall:
        1. review and act upon the appeal or transmit the appeal to the AGC for discretionary review and recommendation;
        2. notify, in writing, the grievant, the respondent, and the respondent’s department chairperson of its action on the appeal; and

          N.B.THE PRESENTATION OF AN APPEAL IS A REQUEST BY THE GRIEVANT TO THE AGC. HOWEVER, SHOULD THE AGC DECIDE IN THE PRE-HEARING THAT NO REASONABLE CASE EXISTS, NO HEARING WILL BE HELD. COMPLETION OF STEPS 1 AND 2 DOES NOT AUTOMATICALLY LEAD TO A HEARING.

        3. in the event of a decision that a reasonable case exists, hold a hearing within 15 workdays.

          Note that the Dean of Students or the chairperson of the AGC may waive any and all specified time deadlines for a specific period when there is evidence that a good-faith effort to meet the deadline has been made. Note further that the AGC chairperson shall determine if any prospective member of the hearing committee has a conflict of interest in the particular case and, should such determination be made, exclude that person as a member for the hearing. Provisions for determining a quorum will apply in the usual manner.
      2. Upon scheduling a hearing the AGC chairperson shall:
        1. give written notice of the hearing, at least 10 workdays prior to the hearing date, to the grievant, the respondent, and the appropriate departmental chairperson, the relevant dean, and the Graduate Division Dean (where appropriate);
        2. inform grievant and respondent of the date, time, and place of the hearing;
        3. give notice that the burden of proof rests upon the grievant; and
        4. distribute to grievant and respondent copies of the UH-M Academic Grievance Procedure.
    2. Hearing Procedures

      The AGC operates under guidelines for the conduct of the hearing which include but are not limited to the following:
      1. The grievant and/or respondent may have an advisor present provided that notice of such intent and the name of the advisor are given to the AGC Chairperson at least five workdays prior to the hearing. The other party to the appeal shall be notified by the Chairperson of such notice within 24 hours of having received notice and may, without further notice, have an advisor present.
      2. The hearing is closed unless both grievant and the respondent request, in writing, an open hearing. This request must be made to the chairperson of the AGC at least 24 hours prior to the hearing.
      3. The chairperson of the AGC is responsible for recording the hearing, maintaining order, and shall have the authority to rule on points of order and to exclude immaterial and/or unduly repetitious evidence.
      4. The grievant and respondent shall be provided the opportunity to present evidence and arguments on all issues involved.
      5. Oral and documentary evidence may be introduced.
      6. The grievant and respondent shall have the right to question witnesses and submit rebuttal testimony.
      7. All members of the hearing committee may question witnesses.
      8. The hearing committee may secure testimony from witnesses other than those presented by the grievant or respondent. The AGC hearing committee, with due notice to the grievant, may also secure documents relevant to the issue which were not introduced at any previous step, or introduced in the hearing by the grievant or respondent. Confidential documents may be secured only with the consent of appropriate parties.
      9. The hearing will be held as scheduled even in the absence of the respondent, unless such absence is for good and sufficient cause. The decision of the AGC as to good and sufficient cause is final within UH-M.
      10. Should the grievant not appear, except for good and sufficient cause, the grievance may not be refilled. The decision of the AGC as to good and sufficient cause is final within UH-M.
      11. The deliberations of the AGC after receipt of all testimony are closed.
      12. After the AGC has made its findings and reached a decision, a formal report shall be made. The chairperson of the AGC shall send a copy of the formal report, by certified mail with return receipt requested, to the grievant and to the respondent within seven workdays after completion of the formal report. A copy shall be sent to the faculty member’s department chairperson, dean, and the Dean of the Graduate Division (where appropriate).
      13. Remedies imposed by the AGC shall be appropriate to the elements of the grievance and may include a change of grade.
    3. Records of the Academic Grievance Hearing
      1. The chairperson of the AGC shall maintain a log of the hearings. The log shall include a brief notation as to the subject matter of the dispute but no personally identifiable information. This log shall be open to inspection at the Office of the Dean of Students.
      2. Other records to be maintained by the AGC shall be limited to the following and shall not be open to inspection except to the grievant or respondent and only upon written request to the Dean of Students. Such records include all pleadings, motions and rulings, all evidence, including oral testimony, the report of the AGC, and tape recording of the hearing. This material will be filed in the Office of the Dean of Students. Any costs associated with preparing copies of such records may be charged to the requestor.

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