Academic Grievance Procedures

Contents

  1. Introduction
  2. Applicability of the Grievance Procedures
    1. Subject Matter
    2. Grievant
  3. Overview of Student Grievance Process
  4. Steps to Follow in the Grievance Process
  5. Graduate School Grievance Officer
    1. General
    2. Appointment
    3. Specific Powers and Duties
    4. Rules and Procedures for Mediation by the Grievance Officer
    5. Disqualification
  6. Rackham Appeals Panel
    1. General
    2. Panel Composition
    3. Powers and Duties of the Appeals Panel
    4. Procedures and Deadlines for a Rackham Appeals Panel Review
  7. Rackham Appeals Board
    1. General
    2. Board Selection and Composition
    3. Powers and Duties of Appeals Boards
    4. Format for Appeals Board Hearings
    5. Procedural Rules for Board Hearings
    6. Appeals Board Report
  8. Action by the Dean
  9. Miscellaneous
    1. Penalties for Failure to Testify
    2. Procedure When Grievant Is Not in Residence
    3. General Time Limitations
    4. Special Concurrent Procedure

I. Introduction

This document describes the procedures provided by the Horace H. Rackham School of Graduate Studies for resolving academically related complaints or grievances. Included is information concerning the applicability of the Rackham Grievance Procedures, an overview of the grievance process, and detailed sections on each of the stages in the process.

Although the procedures described make provision for formal adjudication of academic disputes between students and faculty or administrators, it should be noted that the emphasis in the procedures is on a more informal form of intervention; that is, mediation. Mediation allows the disputants, working with the Grievance Officer, to construct a resolution that has been mutually agreed upon and that is satisfactory to both parties.

II. Applicability of the Grievance Procedures

  1. Subject Matter

    [Unless the matter has been reviewed under other University procedures.] These procedures are available for the review of grievances concerning academic matters, including but not limited to:

    1. All aspects of the degree process involving grading, evaluation, or status;

    2. Alleged unprofessional conduct toward students;

    3. Allegedly unfair or discriminatory, treatment of students;

    4. Allegedly unfair disciplinary action taken as a result of allegations or findings of student academic misconduct; however, these procedures may not be used to appeal a decision of a Graduate Academic Judiciary Board regarding violations of the Graduate School's policy on academic integrity. Applicable appeals procedures for that purpose are provided in the document "Academic Integrity Policy and Procedures;"

  2. Grievant

    These procedures are applicable and shall be the "controlling appellate procedures" for students registered in the Horace H. Rackham School of Graduate Studies; [however the same issue may not be reheard under the procedures if it has already been reviewed under another applicable University procedure]

    1. Students in interdisciplinary programs under the direction of the Horace H. Rackham School of Graduate Studies shall use these procedures.

    2. Students in a different school, college or unit from that of the respondent shall use these procedures.

    3. Students in schools, colleges or units without established applicable formal grievance procedures.

    4. These procedures may also be used by students in a school, college or unit with an established applicable formal grievance procedure, who have reason to believe that they could not receive a fair and impartial hearing in that unit. They may, through the Rackham Grievance Officer, petition the Vice-President for Academic Affairs for a change of venue. If, in consulting with the unit, the Vice-President concludes that it is uncertain that the student can receive a fair hearing, the Vice-President shall endorse the petition for a change of venue and these procedures shall then be used.

    5. Students who have pursued a formal grievance procedure in their own school, college or unit may not submit the grievance for review under these procedures.

III. Overview of Student Grievance Process

  1. Informal Resolution Attempted at Department or Unit Level.

  2. Informal Mediation of Grievance Attempted by Rackham Grievance Officer.

  3. Formal Resolution Sought at School or College Level or at Rackham level.

    1. Appeal Reviewed and Acted Upon by Rackham Appeals Panel

    2. Appeal Heard by Rackham Appeals Board

IV. Steps to Follow in the Grievance Process

These steps must be followed in the order in which they are presented.

  1. The student should attempt to resolve the grievance with the individual faculty member, the department or the unit involved.

    1. If it is resolved, the grievance ends.

    2. If it is unresolved and the student elects to continue the grievance process, he/she may go to Step B.

  2. The student may bring the grievance, in writing, to the Graduate School Officer, who will attempt to mediate a resolution between the student and the faculty member(s), department or unit.

    1. If it is resolved, the grievance ends.

    2. If it is unresolved and the student elects to continue the grievance process, he/she may go to Step C.

  3. The student may request a formal hearing, at the school or college level, if there are applicable procedures at that level. (Only if there are no procedures at this level or if the student is granted a change of venue (see Section II.B.4), may he/she move directly from Step B to Step D. Following a hearing and a decision at the school or college level, the grievance is presumed to be resolved.

  4. If the Rackham Appeals Panel is to be employed (see Section II, above) the grievant shall submit a written statement of the grievance to the Grievance Officer, who shall then forward the grievance to the Rackham Appeals Panel.

    1. If the Panel rules that the Rackham procedures are not applicable, or that based on the facts stated by the grievant, viewed in the light most favorable to the grievant, that there is no basis for relief, the appeal is denied.

    2. If the panel rules that the Rackham Grievance Procedures are applicable, and that a hearing of the appeal is warranted.

  5. The appeal is forwarded to a three-member Appeals Board for a hearing.

    1. If the Appeals Board, after preliminary fact-finding, rules that the procedures are not applicable or that on the basis of the facts stated by the grievant and viewed in the light most favorable to the grievant, no remedy is possible, a continuation of the hearing process is denied.

    2. If applicable, a hearing is held and a decision is rendered.

    3. The Board's findings and recommendations are submitted to the Dean of the Graduate School, who makes the final decision.

V. Graduate School Grievance Officer

  1. General

    The Graduate School Grievance Officer occupies a key place in the grievance process. The Grievance Officer gives initial advice to the grievant about both informal and formal processes. The Officer investigates and determines whether informal mediation with departmental or other agencies is appropriate. If a formal appeal is initiated and these procedures become the controlling appellate procedures, the Grievance Officer functions as an expediter and staff liaison for the entire process.

  2. Appointment

    The Graduate School Grievance Officer is appointed by the Dean of the Graduate School.

  3. Specific Powers and Duties

    1. The Grievance Officer provides advice and informal mediation for any student presently or previously registered in the Horace H. Rackham School of Graduate Studies having a complaint or a grievance related to academic matters.

    2. If the Grievance Officer determines that no mediated resolution is possible, he/she may recommend that the student attempt to resolve the grievance using appropriate school or college procedures for a formal appeal.

    3. If informal mediation and/or formal procedures initiated at the departmental or sub-unit level have resulted in a definitive decision which is unacceptable to the student, the Grievance Officer seeks to obtain a written statement from the departmental chairman or sub-unit supervisor setting forth the facts in the case as he or she perceives them, the decision arrived at, and the reasons for the decision.

    4. If the student wishes to file a formal appeal, the Grievance Officer determines whether these Rackham Academic Grievance Procedures are applicable to the subject matter of the complaint, whether they are the controlling appellate procedures, or whether the case may be appealed because of sub-unit action or inaction. These decisions are subject to review by the Rackham Appeals Panel pursuant to Section III.C.2.

    5. The Grievance Officer provides procedural information and necessary assistance to the Vice President in cases of a request for a change of venue.

    6. The Grievance Officer supervises the storage and retrieval of the records of all proceedings conducted by the Grievance Officer, the Appeals Panel and the Appeals Board.

  4. Rules and Procedures for Mediation by the Grievance Officer

    A student who is dissatisfied with attempts to informally resolve a grievance at the departmental or unit level, may bring the grievance to the Graduate School Grievance Officer.

    1. The grievance must be in writing. It should state the basis of the complaint, summarize the facts which support it, and describe attempts which have been made to resolve the grievance and the outcomes of those attempts.

    2. The grievance should be submitted to the Grievance Officer within thirty days after the student learns of the decision reached by the faculty member, department or sub-unit.

    3. The Grievance Officer may consult experts in the field when complex issues are involved, and may consult members of the department or unit when questions about customary or acceptable practices are raised.

    4. Except as otherwise provided by law or Regental policy, direct access to departmental or other official files shall be only through the Grievance Officer. Either party may request the Grievance Officer to examine such files and to provide a general summary of their contents as they relate to the grievance, giving due regard to the protection of confidential material.

    5. Any mediated resolution reached and agreed to by both parties must be in writing. It should contain the findings of fact, the decision, the reasons for the decision, the policy basis or criteria applied in reaching the decision and, if applicable, specific deadlines for implementing the resolution. This document will be prepared by the Grievance Officer, and must be approved in writing by the parties involved. This written summary shall also be used in instances where the parties were unable to reach a mediated resolution of the grievance, and the student requests a formal hearing or an appeal.

    6. All mediative proceedings of the Graduate School Grievance Officer will be closed to the public and confidential.

  5. Disqualification

    • When a formal complaint to the Graduate School is made and these procedures are ruled applicable, the Grievance Officer may disqualify herself or himself as mediator and transfer the case directly to the Graduate School Appeals Panel. The Dean of the Graduate School may choose to select a replacement to act as staff liaison, if appropriate. Self-disqualification may be for reasons such as bias, appearance of partiality, or involvement in the prior stages of the process that would preclude a useful participation in the just and speedy termination of the case. Decisions regarding disqualification or self-disqualification are subject to review of the Appeals Panel at the request of either party.

VI. Rackham Appeals Panel

  1. General

    Any grievance to which these procedures are applicable (Section II, above), and which is taken beyond the Graduate School Grievance Officer may be reviewed and ruled upon by the Graduate School Appeals Panel.

  2. Panel Composition

    1. Eight members of the graduate school faculty will be appointed as panelists by the Dean of the Graduate School, with the input from the Senate Advisory Committee on University Affairs, and will serve for three years.

    2. Four graduate students will be nominated by Rackham Student Government and appointed as panelists by the Dean of the Graduate School to serve for one year.

    3. An Appeals Panel will be formed as the need arises. Each Panel will consist of three panelists, two faculty members and a student, selected from the twelve panelists in a random manner by the Grievance Officer. Panelists from the immediate department or sub-unit involved in the grievance shall not be eligible to serve. In the event that one or more of the three selected panelists is unable to serve on the Panel in a timely manner, the Grievance Officer will select, at random, a substitute. The three member panel will convene without a chair and the decision will be issued by all three members.

    4. If a panelist steps down between September 1 and June 1 of the following calendar year, the Dean will issue an invitation for a replacement to be selected from the previous years nominees, wherever possible. Additional or substitute faculty and student panelists may be appointed by the Dean as needed.

  3. Powers and Duties of the Appeals Panel

    1. The Panel may refuse to accept an appeal for hearing if it determines that these Rackham Academic Appeals Procedures are not applicable to the case or it may delegate that decision to an Appeals Board.

    2. The Panel may refuse to accept an appeal for hearing if it determines that, on the basis of the facts stated by the grievant, viewed in the light most favorable to the grievant, there is no basis for relief or it may delegate that decision to an Appeals Board.

    3. The Panel may consolidate for hearing by one Appeals Board several cases involving common questions of fact.

  4. Procedures and Deadlines for a Rackham Appeals Panel Review
    1. If a student wishes to have grievance outcome reviewed by the Rackham Appeals Panel, for possible referral to a Rackham Appeals Board for a formal hearing, he/she must observe the following requirements:

      1. The appeal must be in writing. It must state the basis for the grievance and the facts that support it. This should include a summary of the steps which have already been taken to resolve the grievance, reasons why the student finds the resolutions unfair or unsatisfactory, and a statement of the desired remedy.

      2. The written appeal must be presented to the Graduate School Grievance Officer within 30 days after the student has received notice of a decision from a department, school or college, or from the Grievance Officer.

    2. The Grievance Officer forwards copies of the written appeal and any written statement the respondent wishes to submit to the Appeals Panel and arranges a date and place for the Panel to meet and act on the written appeal. The parties involved do not appear at this meeting of the Panel.

    3. The decision of the Appeals Panel must be made available, in writing, to the parties involved within two weeks after the decision has been made.

    4. The Panel may alter a deadline specified in these procedures on written petition of either party demonstrating an acceptable reason for delay. When ever the Panel extends a deadline, it must also set an alternate date.

      1. If the Panel itself needs to extend a deadline, it must request an extension from the Dean of the Graduate School. Again, an alternate date must be set.

    5. The determination of the Appeals Panel as to whether a hearing is warranted is final.

VII. Rackham Appeals Board

  1. General

    Rackham Academic Appeals Board shall hear and rule on grievances passed to it by the Appeals Panel. The role of the Board is to hear and weigh the facts as presented and to render a decision on behalf of the University community. Those selected to serve on the Board do NOT act as advocates for the parties involved in the grievance.

  2. Board Selection and Composition

    1. Each side will be provided with the names and University position of Panel members eligible to serve on an Appeals Board. Panel members from the immediate department or sub-unit involved in the grievance shall not be eligible to serve on a Board.

    2. Within one week after such notification, each of the two parties shall select one eligible member of the Appeals Panel to serve on the Appeals Board. The Chair of the Appeals Panel should be notified of the selections, and the two members so chosen shall select the third member from the remainder of the Panel.

    3. Within three days after the Dean of the Graduate School has been notified of the Board's composition, the Dean will designate one of its members to be chair.

  3. Powers and Duties of Appeals Boards

    1. A Board may refuse to accept an appeal for hearing or summarily terminate a hearing, if it determines that these Rackham Academic Appeals Procedures are not applicable to the case.

    2. A Board may refuse to accept an appeal for hearing or summarily terminate a hearing if it determines that, on the basis of the facts stated by the grievant, viewed in the light most favorable to the grievant, there is no basis for relief.

    3. The Board may alter a deadline specified in these procedures on written petition from either party demonstrating an acceptable reason for delay. If the Board itself needs to extend a deadline, it must request an extension from the Dean of the Graduate School. Again, an alternate date must be set.

  4. Format for Appeals Board Hearings

    The following rules and format will be used for Appeals Board Hearings. A more detailed agenda and specific guidelines for each individual hearing may be determined by the Appeals Board in consultation with both parties.

    1. Both the grievant and the respondent may make oral statements to factually support their claims. They may also call witnesses to provide corroborating testimony or evidence.

    2. The Board will question the grievant, the respondent and their witnesses. The Board may also question witnesses it has itself called to testify.

    3. The grievant and the respondent may offer rebuttal to charges that the other has made.

    4. The grievant and the respondent may make closing statements.
  5. Procedural Rules for Board Hearings

    The following guidelines will apply to hearings before an Appeals Board, along with any additional rules deemed appropriate by the Appeals Board in consultation with the parties involved:

    1. The grievant and the respondent may each be accompanied by an advisor, who will have no independent right to question witnesses.


    2. Prior to the hearing each party should provide a list of witnesses who will testify on his/her behalf, along with any documents he/she wishes to present as evidence. This information will be available to the opposing party as well as to the Board. The deadline for submission will be set by the Board.
    3. If new evidence is presented at the Board hearing which requires additional time for response by the other party or for investigation by the Board, the Chairperson, with the consent of the other Board members, may adjourn the meeting to another time.


    4. A complete tape recording of the proceedings will be made and preserved for at least one year, or up to five years at the request of either party. Failure to produce or preserve an audible tape shall not be grounds for setting aside any determinations of the Appeals Board.


    5. Information acquired by the Grievance Officer may be used as evidence before the Board, unless either party's objection is sustained by the Board.
  6. Appeals Board Report

    1. The Appeals Board will prepare a report setting forth its findings, and shall make recommendations for action or remedy, to the Dean of the Graduate School. A copy of the report shall be sent to both parties.

    2. The ruling of the Appeals Board is final.

VIII. Action by the Dean

  1. The Dean shall review the report and the Board's recommendations, and shall make the final decision.

  2. Enforcement

    1. If any party does not comply with the decision, the Board or any party may seek full compliance upon the Dean and Executive Board of the Graduate School.

    2. The Dean may assist in obtaining full compliance through the Dean or Director of the appropriate unit, or, if necessary, through the Vice President for Academic Affairs and the President of the University.

IX. Miscellaneous

  1. Penalties for Failure to Testify

    Either party may refuse to testify and no punitive action will be taken which arises directly from this refusal. However, such refusal may have an influence on the general impression created by the party refusing to testify and will become part of the record.

  2. Procedure When Grievant Is Not in Residence

    If a grievant is not living reasonably close to Ann Arbor at the time a deadline for filing an appeal arrives, the grievant may file a statement of intention to appeal and take up to 60 days to initiate a formal appeal.

  3. General Time Limitations

    These procedures are not available if the facts that form the basis of the grievance occurred more than 180 days before the initiation of the appeal.

  4. Special Concurrent Procedure

    Actions may proceed concurrently under these procedures and under another grievance procedure only when the other procedure has substantially different purposes and remedies (such as a labor arbitration procedure). In such cases, the Graduate School Grievance Officer shall act as coordinator with the other appropriate agent. If the Grievance Officer has disqualified herself or himself, the Dean shall appoint another coordinator.

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