The decision as to which procedure to utilize for a grievance filed by a student shall be made solely by the university and shall be based on the fact pattern of each particular case. Each grievance shall be directed to a specific procedure and shall be accorded only one opportunity to be adjudicated unless the appeal body remands for further review.

Scope

The Graduate Appeals Panel will hear appeals that involve disciplinary actions stemming from suspension or blocks for scholastic deficiency, and disputes over final course grades or evaluation of performance on examinations required by the department, intercollegiate faculty or the graduate advisory committee. Disciplinary action stemming from scholastic dishonesty, and any appeal of that action, will be dealt with through the Aggie Honor System Office.  Appeals will be heard when the student alleges that an arbitrary, capricious or prejudiced evaluation occurred. Appeals regarding departmental, intercollegiate faculty or Office of Graduate Studies requirements will not be heard.

The decision to request action by the Graduate Appeals Panel means that (1) the student has appealed to the department head and then the dean of the college administering the student’s degree, and (2) the actions recommended at each level are unsatisfactory to the student or the examining committee. The student and/or the examining committee through its chair may file an appeal to the Graduate Appeals Panel through the Dean of Graduate Studies.

Membership

The Graduate Appeals Panel composition includes the chair, four graduate faculty members, three graduate students and two graduate student alternates. A quorum consists of three faculty members and two graduate students.

Procedures

59.1 In order to schedule a hearing before the panel, the student must have complied with the procedures described below:

59.1.1 Appeal Involving Suspension or Blocks Due to Scholastic Deficiency
The graduate student shall discuss the suspension with the Dean of Graduate Studies. If no change in status results from the discussion, the student may appeal to the Graduate Appeals Panel. The graduate student must file a written Notice of Intent to Appeal with the Dean of Graduate Studies within five working days of receiving notice of the suspension or blocking action. The Dean of Graduate Studies shall inform the chair of the graduate student’s advisory committee (if formed), the appropriate department head and the dean that a notice of intention to appeal has been filed with the Graduate Appeals Panel.

59.1.2 Dispute over Final Course Grade or Examinations of Graduate Students by Departments, by Intercollegiate Faculty Members or by Graduate Advisory Committees.
Prior to an appeal to the Graduate Appeals Panel, a graduate student alleging capricious, arbitrary or prejudiced academic evaluation must follow the procedures outlined in Part III, Student Grievance Procedures: 53. Graduate Student Examination Evaluation. The graduate student must file a written Notice of Intent to Appeal with the Dean of Graduate Studies within 15 working days of receiving written notice of any final action taken by the university under these procedures. The Dean of Graduate Studies shall inform the chair of the graduate student’s advisory committee (if formed), the appropriate department head and the dean that notice of intention to appeal has been filed with the Graduate Appeals Panel.

59.2 To initiate an appeal to the Graduate Appeals Panel, the student and/or examining committee must, within 15 working days from the date of the dean’s decision, submit to the Dean of Graduate Studies a written statement (Appeal Continuation) requesting an appeal and explaining why the student believes that decisions made by the department head and/or the academic college dean are regarded to be unsatisfactory. This becomes a part of the Appeal Summary File. At the time of filing the Appeal Continuation, the student and/or examining committee should arrange for a preliminary interview with the Dean of Graduate Studies.

The Appeal Summary File now includes the following: the student’s original Notice of Intent to Appeal, written documentation originally submitted by the student, written assessment by the department head, written assessment by the dean, any short statements summarizing the testimony that may be presented by witnesses, the Appeal Continuation that shows justification for continuing the appeal and any written assessment added by the Dean of Graduate Studies following the preliminary meeting with the student and or examining committee.

The act of filing the Notice of Intent to Appeal Request to the Dean of Graduate Studies is construed as authorizing all panel members to have full access to the student’s Appeal Summary File as now constituted.

59.3 Within 30 working days of filing the Appeal Continuation, the Dean of Graduate Studies will respond to the student and/or examining committee in writing of his/her decision. The Dean of Graduate Studies may resolve the appeal in the appealer’s favor, reject the appeal and uphold the decision of the dean of the college administering the degree or refer the appeal to the Graduate Appeals Panel. This decision will be made in writing with copies added to the Appeal Summary File and mailed to the student, college dean, head, chair of the advisory committee and examining committee. If the student and/or examining committee are not in agreement with the decision of the Dean of Graduate Studies, then a request may be made in writing that the appeal be transmitted to the Graduate Appeals Panel. The request should justify why the decision by the Dean of Graduate Studies is believed to be unsatisfactory. Such a request must be submitted within 30 working days from the date the student receives the written decision from the Dean of Graduate Studies.

59.4 The Graduate Appeals Panel chair will examine the student’s complete Appeal Summary File and meet with the student and/or examining committee in an attempt to resolve the appeal. If a resolution satisfactory to both parties cannot be reached, then the appeal will be transmitted to the Graduate Appeals Panel. The Graduate Appeals Panel chair shall set the hearing for the earliest possible date and inform the student of the time and place for the hearing. The failure of the student to appear without justifiable cause shall terminate the right to appeal.

59.5 The chair shall sit as a hearing officer and shall not take part in the vote or otherwise participate in the deliberations of the panel, except to cast a tie breaking vote. It shall be the duty of the chair to rule on procedural matters and the admissibility of evidence. The chair may deny admission of any evidence that did not accompany the student’s request for a hearing.

59.6 The burden of proof shall be upon the student to prove his or her case by a preponderance of evidence.

59.7 The student or examining committee shall have the right to consult with counsel of his/her/their own choosing and to present such witnesses and documentary evidence as may be pertinent. Any documentary evidence must be submitted to the chair of the Graduate Appeals Panel five working days prior to the hearing date. If the student or examining committee presents documentary evidence not included in the original Appeal Summary File, he/she/they must explain why this new evidence is now submitted. If the Graduate Appeals Panel chair rules the new evidence admissible, he/she shall share such evidence with all parties concerned. This new evidence will be subject to scrutiny by witnesses called by the student and other parties represented at the hearing. The student’s department and college will be allowed to present witnesses supporting their written positions.

An attorney or an individual acting as an advisor may not represent the student or directly question or cross-examine witnesses, except in a case where the university is represented by an attorney.

59.8 All parties shall be afforded the opportunity for reasonable oral argument.

59.9 Upon request, sufficiently in advance by either party, the chair shall cause the testimony presented at the hearing to be recorded. A copy of the recording may be obtained from the chair at the expense of the requesting party.

59.10 Immediately after hearing an appeal, the panel will go into closed session to deliberate. The student will be informed of the panel’s decision orally at the conclusion of the deliberations. A formal report to the president, with a copy to all interested parties, will confirm the panel’s decision.

59.11 The panel may recommend a variety of solutions consistent with the best interests of the student and the university (including the voiding of examinations), except that a majority decision of an examining committee may not be reversed so as to grant a degree.