Academic Conduct, Academic Honesty, and Student Grievance Procedures
(FSM 4-11-89, 10-10-89)
I. Academic Conduct
Rights and Responsibilities: Undergraduate and Graduate Students
A. Every student has:
1. Freedom of inquiry, conscience, expression, association, and
the
right to petition for redress of grievances.
2. The right to have information about his or her opinions and
associations acquired by professors and administrators in the
course of their work as instructors, advisors, and counselors
held
confidential and not disclosed to others unless by the student's
consent.
3. Freedom from unfair treatment on the part of faculty and
administration in the assignment and evaluation of academic work
done for the completion of requirements for a particular course
of
his or her program for a degree.
4. The right to due process in the conduct of proceedings pursuant
to
the provisions of this document or any other proceedings conducted
under any other provisions of any other rule or regulation
governing Kansas State University.
5. The right to immunity from reprisal in the form of University
disciplinary action or proceedings for seeking redress pursuant
to
the provisions of this document.
B. Every student is responsible for:
1. The exercise of applicable rights and freedoms as enumerated
in
Section I.A. above, in a manner which shall not materially and
substantially interfere with the requirements or appropriate
discipline in the operation of the institution or infringe on
the
rights of other students.
2. Completing the requirements and meeting the standards of any
course in which he or she is enrolled; requirements for
participation in classroom discussion and submission of written
assignments are not inconsistent with this section.
II. Academic Dishonesty
(FSM revised 2-15-94)
All academic relationships ought to be governed by a sense of
honor, fair play, trust, and a readiness to give appropriate credit
to the intellectual endeavors of others where such credit is due.
Since the academic community expects that the process of intellectual
and creative endeavor is beneficial to a student, the student's
original work, created in response to each assignment, is normally
expected. The following rules and guidelines are intended not
to replace an atmosphere of trust and cooperation in the pursuit
of knowledge, but rather to assure due process and to provide
guidelines for action in those instances where the proper relationships
and attitudes have broken down.
The definitions, procedures, and penalties included in this report
shall be publicized and made available to all students; any student
enrolling at Kansas State University implicitly indicates by so
enrolling that he or she accepts the stipulations concerning academic
honesty and the procedures they entail, as outlined in this report.
A. Cheating: Plagiarism
1. Definition of plagiarism.
a. "Plagiarism is the academic and literary equivalent of
robbery,
taking somebody else's property. If you copy somebody's test
answers, take an essay from a magazine and pass it off as your
own, lift a well-phrased sentence or two and include them without
crediting the author or using quotation marks, or even pass off
somebody's good ideas as examples of your on genius, you are
guilty of intellectual thievery. If you are caught you should
expect punishment or contempt or both." Quote from Robert
M.
Gorrell and Charlton Laid, Modern English Handbook, 6th edition
(Englewood Cliffs, NJ: Prentice-Hall, 1976), p. 71.
b. Plagiarism covers unpublished as well as published sources;
borrowing another's term paper, handing in as one's own work a
paper purchased from an individual or agency, or submitting as
one's own papers from living group, club, or organization files;
all are punishable as plagiarism.
2. Avoidance of plagiarism: "Acknowledge indebtedness ":
a. whenever you quote another person's actual words;
b. whenever you see another person's idea, opinion, or theory,
even
if it is completely paraphrased in your own words; and
c. whenever you borrow facts, statistics, or other illustrative
material-unless the information is common knowledge." William
W.
Watt, An American Rhetoric, 4th edition (New York: Holt, Rinehart
and Winston, Inc., 1970) p. 8.
3. The form and standard for attribution and acknowledgment of
literary indebtedness is set by each discipline. Students should
consult with their department or with recognized handbooks in
their field if in doubt.
4. The ethical standards outlined in the above definition of
plagiarism and suggestions for its avoidance govern all
relationships in academe. Hence, the guidelines apply to faculty
and research assistants in their possible use of students' and
colleagues' research and ideas, as well as to student use of
source materials and authorities and student use of other
students' ideas and work.
a. In any graduate program, considerable cross-pollination of
ideas
between faculty and students will exist. If it becomes apparent
that public dissemination of the results of cooperative efforts
is
likely, the attribution and distribution of credit should be
agreed upon, preferably in writing, before release of the material
to publishers, if not at the time collaboration begins. If the
parties cannot agree upon distribution of credit or
responsibility, the head of the department and/or dean should
be
called upon to adjudicate; if any party feels that satisfactory
resolution was not obtained there, grievance procedures may be
instituted.
b. In cases where substantial contributions to faculty professional
activities, creative works, papers, or publication come from
students in classes, seminars, etc., the student contributors
should be recognized in acknowledgements, a note, or in any other
appropriate manner, by name if such specific attribution is
possible. Of course, student debts of the same kind to faculty
and other students should be similarly acknowledged.
5. Honesty, courtesy, and open dealing with others underlie all
the
above stipulations. Whenever possible, in cooperative
intellectual ventures, all parties should be fully informed at
the
outset, preferably in writing, of the allotment of
responsibilities, recompense, and credit and recognition to be
given to all parties to the enterprise.
B. Other Forms of Academic Cheating
1. Definition: In addition to plagiarism as defined above, various
other forms of academic dishonesty occur which shall be subject
to
the penalties provided below (Section IV). These include, but
are
not limited to, consultation of textbooks, library materials,
or
notes in examination where such materials are not to be used
during the test; use of crib sheets or other hidden notes in such
an examination, or looking at another student's test paper to
copy
strategies or answers; having a confederate supply questions or
answers from an examination to be given or in progress; having
a
person other than the one duly registered and taking the course
stand in at an examination or any other graded activity (in which
cases all consenting parties to the attempt to gain unfair
advantage shall be deemed culpable and subject to penalties);
deliberate falsification of laboratory results, or submission
of
samples or findings not legitimately derived in the situation
and
by the procedures prescribed or allowable; submission in a paper,
thesis, lab report, or other academic exercise of falsified,
invented, or fictitious data or evidence, or deliberate or knowing
concealment or distortion of the true nature, origin, or function
of such data or evidence; procurement and/or alteration without
permission from appropriate authority of examinations, papers,
lab
reports, or other academic exercises, whether discarded or
actually used, and either before or after such materials have
been
handed in to the appropriate recipient; collaborating with others
on projects where such collaboration is expressly forbidden;
submission of one's previously graded work for a new assignment
(without the instructor's consent); and other forms of academic
dishonesty and fraud. The application of the above definition
of
academic cheating and that of the definition of plagiarism in
II.A. above within a given discipline shall rest finally with
the
department or discipline concerned.
2. Procedures: While the governing principle, once cheating is
suspected, is that due process shall be observed and no charge
made without adequate objective evidence, it is apparent that
prior to that, it is most desirable to exercise due care so that
tempting, compromising, or ambiguous situations do not arise.
C. Adjudication of Charges of Student Dishonesty (In the procedure
described below, the term department head refers to the instructor's
department head and the term dean refers to the student's dean.)
1. There are several points in this procedure at which final action
on an offense might be taken. Prior to taking action other than
dismissal of charges, the Provost's file should be consulted for
prior offenses. Should there exist a prior offense, the penalty
is changed to suspension or dismissal (under IV.C.3.) and the
case
must proceed to the Undergraduate Grievance Board unless the
charges are dismissed at an intermediate level. If no record of
a
previous offense exists and the action to be taken is other than
dismissal of charges, a memo should be prepared on the current
offense for inclusion in the Provost's file.
2. The department head or dean who receives a grievance may either
take final action or send the grievance to the next higher level
within two weeks. The two-week limit is intended to move the
grievance along at a reasonable rate and may be modified for
reasonable reasons such as illness, scheduled academic holidays,
or mutual consent of the parties to the grievance.
3. An instructor who is convinced that he or she has evidence
of
plagiarism or cheating should first decide on the appropriate
punishment. The instructor may impose punishment ranging from
no
credit for the work or exam to an F in the class. The instructor
may recommend dismissal or suspension but that recommendation
can
only be carried out by the Undergraduate Grievance Board.
At a minimum, no credit will be given for the work or exam in
which
dishonesty occurred. The instructor may draft a memo for the
student's record, to be kept in the Provost's office until
graduation, indicating the nature of the dishonest act.
The instructor must inform the student of the evidence of dishonesty
and the action to be taken. The instructor must also inform the
student that he or she has the right to appeal the instructor's
action by contacting the instructor's department head to initiate
the
appeal procedure. Further, if the instructor intends to place
a memo
of the incident on file, the student must be shown the draft of
the
memo to be included in the Provost's file. The instructor must
also
inform the student that two such memos in the Provost's file results
in automatic suspension or dismissal.
4. In all cases, the instructor should report the circumstances
and
his or her action or recommended action to the head as soon as
possible after the incident.
In cases where a memo is to be inserted in the Provost's file,
the
department head should insert a memo based on the instructor's
draft.
In cases in which suspension or dismissal is recommended and in
cases
which are appealed, the student must be called in to meet with
the
instructor in the department head's presence.
5. On the basis of the available evidence, the department head
can
accept the recommended action, modify the recommended action,
or
reject any action on the grounds of insufficient evidence. The
department head's decision becomes the final action unless
suspension or dismissal is the penalty or the decision is
contested by either party. In those cases, the department head
must draft a summary of the case to be submitted, together with
the recommended action, to the student's dean. This statement
should be signed by the head, the instructor, and the student(s).
If any party disagrees with the written statement, he or she
should sign as having read the statement, but registering
disagreement.
6. The dean may dismiss the case, support the recommended action,
or
modify the recommendation on the basis of the department head's
written summary if none of the parties contest the summary. If
the dean's recommended action is not contested, it becomes the
final action unless suspension or dismissal is the penalty, in
which case final action must be taken by the Undergraduate
Grievance Board.
If the head's written summary is contested by any party in the
case,
the dean shall meet with the instructor and the accused student(s).
At the request of any of the parties, the instructor's department
head and/or the student's advisor may participate in the meeting.
After considering the available evidence, the dean may dismiss
the
case, support the recommended action, or modify the recommendation.
The dean's recommendation becomes the final action unless suspension
or dismissal is the penalty or the decision is contested. In those
cases, the dean shall forward a recommendation for action together
with all records of the case and prior proceedings to the
Undergraduate Grievance Board for final action.
7. The Undergraduate Grievance Board is the final court of appeal
and
will hear all cases properly appealed to it. Its responsibility
shall be to examine the facts disputed, or if the appeal concerns
only the appropriateness of the punishment, it shall decide the
penalty to be assessed. After hearing the case, but before
deciding the penalty, the board shall consult the Provost's
records for evidence of prior offenses which might influence the
severity of the penalty to be assessed. The Undergraduate
Grievance Board's decision in any case is final; only the board
can suspend or dismiss a student.
D. Punishments and Records of Findings of Dishonesty
1. Any findings of guilt should be entered in the Provost's file,
but
not on the transcript unless the student is suspended or dismissed
(see 4.d. below).
2. Records of the case shall be retained in a central file by
the
Undergraduate Grievance Board available for consultation by
authorized parties if subsequent need arises.
3. If after three years from the finding of guilt, and upon petition
to the Undergraduate Grievance Board by the affected student,
the
board will consider whether the subsequent conduct of the affected
student warrants removal of the previous record of misconduct.
The board may order the record of misconduct expunged if they
feel
it is warranted.
4. Penalties
a. Cheating on an examination or paper, if proved, minimum of
F for
the examination or paper; maximum of dismissal from the
University.
b. Cheating on a comprehensive final, if proved, minimum of F
for the
course; maximum of dismissal from the University.
c. In a second proved instance of academic dishonesty, suspension
from the University for a year is automatic, dismissal from the
University the maximum penalty assessable.
III. Graduate Student Grievance Procedures
A. If a graduate student feels he or she has been unjustly treated
in
some aspect of academic work and has been unable to secure a
remedy through the normal channels (e.g., consultation with the
professor(s) involved, with the supervisory committee, and
thereafter with the head of the department or chair of the
program), it is the student's prerogative to take the matter to
the dean of the Graduate School.
B. Should the dean be unable to arrive at a mutually acceptable
solution with the persons concerned, at the student's request
an
ad hoc committee shall be appointed by the dean to investigate
the
case and make recommendations.
This committee shall consist of five members of the graduate faculty
(one of whom shall be named as chair by the dean), none of whom
shall
have had previous connection with the case. The committee shall
also
have three nonvoting members who shall enjoy all other privileges
of
participation. There shall be one nonvoting member appointed by
the
dean of the Graduate School to represent the graduate program
or
department involved in the complaint. Finally, two graduate students
shall be chosen by the Graduate Student Council to serve as nonvoting
members.
C. The hearings conducted by the committee shall include presentation
of a written complaint by the student with additional oral
comments if so desired, testimony by all faculty members directly
involved, and whatever written records are pertinent.
Unless special conditions necessitate delays (e.g., for
correspondence), the committee shall complete its inquiry and
submit
its recommendations within one working month from the date on
which
it is appointed.
D. Procedures for the grievance hearings:
1. The grievance committee may meet a few minutes before hearing
the
complaint to get acquainted and to clarify procedures.
2. The dean or associate dean of the Graduate School will assist
the
chair in organizing the hearing and may be present at the hearing
for the purpose of orienting the committee, and otherwise
facilitating the work of the committee.
The chairman of the ad hoc committee (see B.2.) shall be responsible
for tape-recording the proceeding. The tapes shall be kept in
the
office of the dean of the Graduate School. In the presence of
the
dean of the Graduate School or his designate, the following persons
shall have access to the tape recordings: the litigants involved,
members of the ad hoc committee (see B.2.), the dean and associate
dean of the Graduate School, and, in case procedure B.6. would
be
followed, members of the Graduate Council.
3. The complainant will appear, make a presentation stating the
problem and the desired remedy, and make additional comments as
appropriate. At this time the committee shall hear from those
persons that the complainant has notified the chair, in advance,
will be there to provide supporting information.
4. The person(s) being charged will then appear to respond to
the
accusations and make additional comments as appropriate. At this
time the committee shall hear from those whom the person(s) being
charged as notified the chair, in advance, will be there to
provide supporting information.
5. The committee shall permit each party one self-initiated response
to clarify issues.
6. Throughout the entire hearing, there will be no cross-examination,
nor will parties be allowed to question one another. Questions
may be asked only by members of the committee and no one may
comment unless asked to do so by the committee. Attorneys or
other advisors, if present, may advise but are not otherwise to
participate in the proceedings unless with the permission of the
committee.
7. In so far as the committee's authority pertains only to academic
matters, no testimony or discussion will be permitted that
concerns issues extraneous to its authority.
8. The meeting(s) will be closed with only those associated with
the
hearing present.
9. The committee may permit each party to present a brief closing
statement.
10. The committee will meet in executive session to discuss the
case
and come to a
conclusion.
E. The written recommendation of the majority of the committee
shall be delivered to the dean for transmission to the student
and faculty member(s).
If the judgment is against the student, there is no further recourse
within the university system.
If the judgment is in the student's favor, the faculty member(s)
shall either act within ten days to redress the grievance or appeal
the recommendation to the Graduate Council. Should the faculty
member(s) do neither, then the dean shall report the case to the
Graduate Council for action.
F. Should a case ever go so far, it shall be the responsibility
of the Graduate Council to hear a summation by the chair of the
ad hoc committee and a statement by or on behalf of the faculty
member(s) and student(s) concerned.
If the Graduate Council is satisfied with the committee's recommendation,
it shall authorize the dean to make the changes recommended by
the committee in case the faculty member would fail to redress
the grievance within a period of ten days after having been notified
of the negative outcome of his appeal to the Graduate Council.
If the Graduate Council is dissatisfied with the committee's recommendation,
it will conduct its own hearing before reaching a final decision.
It will notify the dean and the parties involved of that decision,
and authorize the dean to make the changes recommended by the
Graduate Council in case the faculty member(s) would fail to conform
with the Graduate Council's final decision within a period of
ten days after having been notified of that decision.
The case is then closed. (GCM 11/10/87)
IV. Undergraduate Student Grievance Procedures
(FSM 2-15-94)
The following procedures will be employed to deal with all matters
of cheating, academic dishonesty, grade appeals, or other academic
grievances brought by students against faculty members or faculty
members against students. These procedures will serve three functions:
(1) safeguard the rights and academic freedom of both students
and faculty, (2) assure due process, and (3) provide for consistency
in handling undergraduate academic grievances throughout the University.
A. Procedures
1. Grievances against faculty or administrators. Unethical actions
by faculty or administrators should be reported as soon as
possible so that appropriate action can be taken. The grievance
must be made within six months of the alleged unethical action(s).
Students should begin by contacting the office of their dean.
The
dean, or a representative of the dean, will describe the procedure
to be followed and will aid the student in procedural matters.
Further, the dean or representative will appoint a faculty member
as an advocate for the student if the situation seems to warrant
an advocate or if the student requests an advocate. If a faculty
advocate is appointed, the student will participate in the
selection of, and must agree to the appointment of, the person
selected. The advocate need not be in the college.
2. Grievances involving student academic dishonesty. The procedures
for handling charges of cheating or other academic dishonesty
are
given in the policy on academic dishonesty (section II above).
3. Grievances involving change of grade (but not academic dishonesty)
a. All efforts will be made by the student and instructor involved
in
any grievance to settle all disputes that may arise. Grade
appeals must be initiated within six months following the issue
date of the grade in question.
b. If a grade change grievance is not resolved by the student
and
instructor, the student may appeal in writing to the department
head concerned who will act as a mediator in the dispute. This
appeal should be made within two weeks of the date of the original
appeal. At this time, the student may petition the dean of his
college for an ombudsperson. The duties of the ombudsperson are
to arrange meetings of all concerned parties and report actions
taken at each level to the appropriate persons or groups. The
role of the ombudsperson is to expedite the process and to ensure
a fair hearing.
c. If the grievance has not been settled to the student's
satisfaction at the department level, written appeal may be made
to the dean of the college in which the course is taken. This
appeal should be made within two weeks of the date of receipt
of
the appeal by the dean.
d. If the student does not feel that an adequate solution has
been
reached in any academic dispute, he or she may appeal in writing
to the Undergraduate Grievance Board which will arbitrate the
dispute. This appeal should be made within two weeks of the date
of receipt of the appeal by the dean.
e. The two-week time limits given in the sections above are intended
to move the grievance process along at a reasonable rate. The
limits may be modified for reasonable reasons such as illness,
scheduled academic holidays, or mutual consent of both parties.
B. Rules Governing Hearings of the Undergraduate Grievance Board
1. Notice of hearings
a. Notice of the time and place of the hearing shall be given
to all
individuals involved with the complaint not less than two weeks
prior to the hearing.
b. The notice shall include a written statement of the complaint
and
the requested action.
c. The notice shall be accompanied by a copy of the rules relating
to
procedures at hearings. It shall state that the individual shall
be permitted to inspect any written evidence which has been
submitted to the board by other parties.
2. Hearings
a. At the hearing, each party may be accompanied by (1) a
representative, who is not an attorney, to serve as an advocate
and/or assist in the presentation, and/or (2) an attorney, who
may
advise but not participate in the hearing.
b. All hearings shall be closed except for parties to the grievance,
their advisors, and witnesses. However, upon request of the
person against whom the grievance is lodged, the board may open
the hearing with the restriction that the number of observers
may
not exceed that which the hearing room will comfortably
accommodate. The chair may exclude from the hearing any person
whose conduct disrupts, disturbs, or delays the proceedings. If
the person charged fails to appear at the hearing or engages in
conduct which makes a fair hearing impossible, the board may
complete the hearing without his or her presence.
c. The evidence against the student or faculty member shall be
presented at the hearing. The person presenting the case shall
have the opportunity to question all witnesses and to present
witnesses and evidence in support of the charge specified in the
notice of hearing. The person charged is not required to testify.
d. The student or faculty charged, or advisor, shall have the
opportunity to question all witnesses, to present witnesses in
his/her own behalf, and to present any other evidence. Formal
rules of evidence shall not apply, and any evidence relevant to
a
fair determination of the charges may be admitted except that
a
previous statement shall be admissible only if the person who
made
the statement is present.
e. All members of the University community shall be obligated
to
cooperate with the board and failure to appear pursuant to a
reasonable request of the board or intimidation or improper
influencing of witnesses shall be grounds for disciplinary action
by the board, under separate action.
C. Composition of the Board.
Two faculty members, appointed by the Committee on Academic Affairs
of the Faculty Senate. The terms are to be two years, with one
of the two original appointments serving for a one-year term.
Two students, appointed yearly by a committee consisting of the
president of the student body, the chair of the Student Senate,
and the vice chair of the Student Senate.
A faculty member to serve as chair, appointed by the Provost for
a two- year term.
A quorum is defined as full board membership present and participating
in any hearing.
The board will appoint an appropriate alternate member to serve
at any hearing in which a regular board member disqualified him
or herself for any reason whatsoever.
D. Jurisdiction
The Undergraduate Grievance Board shall have final jurisdiction
in all cases properly appealed to them and in all cases requiring
dismissal or suspension.
E. Powers
1. The board will have the power to summon members of the University
community to present pertinent information and to supply expert
counsel concerning any case presented to the board. The board
will also have the power to discipline under separate action any
member or members of the University community found guilty of
aiding and abetting cheating or other academic dishonesty.
2. The board will have the power to dispose of grievances by one
or
more of the following actions:
a. Dismiss for want of jurisdiction or lack of substantial evidence.
As in courts of law, the board will not entertain complaints of
a
trivial nature.
b. Issue a warning. A warning shall consist of a written or oral
statement to the faculty member and/or student.
c. Censure. Censure shall consist of written statement to the
faculty member and/or student. In addition, copies will be sent
to the head of the department and the dean of the college in which
the course is offered or the faculty member is employed or the
student is majoring, as appropriate, and to the Provost.
d. Change of grade. In the case the board decides a grade should
be
changed, the board may consult appropriate faculty for a suggested
grade. The student, the faculty member, and the dean of the
college in which the course was offered will be notified that
the
board is ordering a change of grade through the Office of the
Registrar.
e. Suspension. Students may be suspended for a specified period
of
time.
f. Dismissal. Students may be dismissed from the University for
an
indefinite period of time.
g. Other equitable action. In any case involving academic
dishonesty, the board may take other equitable action in addition
to any of the penalties provided by the Academic Dishonesty Policy
or any of the above actions.
F. Execution of Decisions.
Decisions of the Undergraduate Grievance Board are final, and
their execution shall be supervised by the Provost.
V. Veterinary Medicine Academic Grievance Procedures
The following procedures will be employed to resolve all grade
appeals, academic dishonesty appeals, and other academic grievances
brought by all veterinary students.
A. all grievances should be initiated promptly and, in any event,
before the start of the next semester or summer session following
the semester or summer session out of which the grievance arose.
B. Students who feel they have been given an unfair grade or treated
unjustly in some aspect of
academic work should first consult with the faculty member(s)
involved to resolve the matter.
C. For matters that have not been satisfactorily resolved with
the
faculty member, a student may file a written grievance with the
appropriate Department Head. The department head will promptly
arrange one or more meetings with the student and the faculty
member to attempt to resolve the matter. At the meeting(s) both
the student and the faculty member will have a full opportunity
to
state their views regarding the grievance and an opportunity to
present any relevant written documentation concerning the
grievance. On the basis of the information presented, the
department head will attempt to arrive at a resolution that is
agreeable to both parties. The department head will normally
complete this process within 10 days of the date on which the
written grievance is received. The department head will transmit
to the Dean's Office a copy of the written grievance and a
statement that the attempt to resolve the grievance has been
concluded at the department level. A copy of the statement will
also be sent to the student and the faculty member.
D. A student who is not satisfied with the resolution at the
department level may file the written grievance with the dean's
office. The dean will appoint a five-member faculty committee
to
hear the appeal. One of the five faculty members will be
designated as chair of the committee. One of the five members
will be appointed from outside the college of Veterinary Medicine.
A member of the Student Board of Ethical Behavior will also be
appointed as a non-voting member of the committee. All committee
members will be persons with no previous involvement with the
grievance.
E. The committee will conduct an administrative hearing designed
to
consider the facts it deems necessary to arrive at a fair
decision. The hearing will include presentation of the written
complaint by the student, with additional oral statements if so
desired; testimony by all students, faculty members,
administrators, or other persons called as witnesses; and all
pertinent written records. The committee will afford both the
student and the faculty member full opportunity to express their
views on relevant matters. Each party will have an opportunity
to
present witnesses and to cross-examine the other party and their
witnesses. Questions may also be asked by members of the
committee. The chair will have the responsibility to make certain
only relevant information is brought before the committee.
F. The chair of the committee will be responsible for notification
of
parties and witnesses of the time and place of the hearing, for
an
exchange of written documents and witness lists, and for overall
administration of the proceedings in a timely and orderly fashion.
G. A grievant may be accompanied at the hearing by an attorney
or
advisor, who may advise but may not otherwise participate in the
proceedings except with the permission of the chair of the
committee. A grievant who intends to be advised by an attorney
at
the hearing should so inform the chair of the committee at least
48 hours prior to the hearing so that the faculty member may also
have an attorney present.
H. Unless the student requests an open hearing, the hearing will
be
closed with only those associated with the hearing present. At
the end of the hearing, the committee will meet in executive
session to discuss the grievance and draw up its report. The
hearing, but not the deliberations of the committee, will be tape
recorded.
I . The written report of the committee will be transmitted to
the
dean. The report will include (a) the factual findings of the
committee ; (b) a recommendation to the dean; and (c) the reasons
for its recommendation. Normally, the committee will transmit
its
recommendation to the Dean within no more than twenty (20) days
of
the date of its appointment.
J. The dean will make a final decision based upon the written
advice
of the hearing committee. The decision of the dean along with
the
copy of the report of the hearing committee will be transmitted
to
both the student and the faculty member with copies to the
department head. Should the dean's decision differ from the
recommendation of the hearing committee, he will include a written
explanation of the basis for his decision. Normally, the dean
will transmit his decision within ten (10) days of receipt of
the
committee report. The dean's decision will be final within the
University.
K. All records and tapes of the grievance procedure will be
maintained in a separate confidential file in the dean's office
(FSM 6/13/89)
