Grade Grievance procedures (University Procedures for Review of Alleged Arbitrary and Capricious Grading (Grade Grievance Policy) Based on Board of Regents Policy IIIK1.20)

1. Grounds for Grievance - The following procedures implement the University of Maryland System Policy for Review of Alleged Arbitrary and Capricious Grading (BOR III 1.20) and are designed to provide a means for a student to seek review of final course grades alleged to be arbitrary and capricious. In this policy the term arbitrary and capricious grading means 1) the assignment of a course grade to a student on some basis other than performance in the course; 2) the assignment of a course grade to a student by unreasonable application of standards different from the standards that were applied to other students in that course; or 3) the assignment of a course grade by a substantial and unreasonable departure from the instructor's initially articulated standards.
2. Alleging a final grade to have been determined in an arbitrary and capricious manner is the sole ground upon which a student may seek review under these procedures. Since matters within the instructor's sphere of academic judgment such as choice of instructional and evaluation methods, criteria, and standards for evaluation are not grounds for grievance, the burden of proving arbitrary and capricious grading by clear and convincing evidence will rest with the student.
3. Students or faculty who desire additional information about the procedures that follow should contact the Associate Provost. Class days are days classes are in session in the subsequent semester after the grade that the student wants to grieve is assigned. The timetable portrays the maximum time allotted. Participants can meet their responsibilities any time before the specified day. 

Candidates with a grievance, other than a grade or sexual harassment as defined in the University Handbook, should follow the following procedures. The following procedures are designed to assist students with a process to mediate issues with professors and advisors.

Stage 1:

A. The first step is to contact the person from whom there is a grievance. The grievant should document attempts to contact that person who created the grievance. (Examples: Instructor, Program Coordinator, Advisor, Supervisor). If the grievant feels the issue with the instructor/advisor creates a situation where retaliation may be a factor, the grievant should go to step ii.

i. The grievant should make several attempts to contact the person who created the grievance over a ten day period to ensure adequate time for the person to respond. If after ten days no resolution is accomplished, the grievant should seek further measures.

ii. If the person did not receive satisfaction from initial contact to the person for whom there is a grievance or did not receive a response, the grievant needs to register the issue in writing with the Chair of the department.

iii. The chair will investigate the issue with the person against whom there is grievance and attempt to facilitate resolution through mediation. If the grievant still feels the issue is not resolved to his/her satisfaction, the grievant moves to a formal grievance process. This mediation process must be completed within 25 days of the registered issue.

Stage 2:

A Formal Grievance Process (Grade and other) follows the same procedures as University policy.

i. As a precondition to a formal grievance process, the grievant must complete the conditions described in step iii of Stage 1.

ii. No later than the 30 days beyond the grievant move to a formal grievance process, the grievant must file a written grievance with the instructor's/advisor’s College dean. This grievance must describe in detail the bases for the allegation and include all evidence supporting that claim. The student must send copies of this statement to the instructor/advisor and the chair.

iii. Within 10 class days of receipt of a student’s written statement, the dean will dismiss the grievance if the student 1) did not participate in Stage I: Mediation and/or meet the deadline specified in Stage I; 2) did not file the Stage II appeal by the stated deadline; 3) does not furnish evidence  of that the allegations. (See conditions for grade grievance.)

iv. If the grievance is not dismissed, the dean shall ask the instructor to respond to the grievance in writing within ten class days, addressing the response to the dean and copying the student and the chair.  The dean will ask the chair to forward all documentary evidence collected during the mediation stage to the dean.

v. In the case of grievances beyond grades, the Dean will meet with the student and the instructor or advisor separately to discuss his/her recommendations to resolve the grievant’ issues. A letter will be sent to the instructor/advisor and student indicating the resolution to the situation. A copy of the letter will be placed in the advisors/instructors file indicating the recommendations and resolution. The dean’s decision is final.

vi. In the case of grade grievances and if the grievance is not dismissed, the dean shall appoint a grade grievance committee of three tenured faculty members and shall set the date for an informal, non-adversarial grievance hearing to occur within five class days following the due date for a written response from the instructor. The student, the instructor, and the chair will be invited to attend the hearing and may present relevant evidence. The dean also will attend and may choose to participate in the discussion. In keeping with the informal nature of the hearing, neither the student nor the instructor may be accompanied by a representative or advisor. If the academic records of other students in the grievant’ class are relevant to the discussion, the grievant must be excused for that portion of the hearing in order to protect the privacy of other students.

vii. The grievance committee shall forward its written recommendation to the dean within five days after the conclusion of the hearing. The dean may accept, reject or alter the recommendation. The dean shall render a decision to the student in writing, either in support of the original grade or of a grade change, with copies to the instructor, the chair, and the members of the grade grievance committee. If the dean recommends a grade change and the instructor refuses to change the grade, the dean will vacate and replace the grade in question.

viiii. In deciding whether the circumstances justify changing the grade, the dean shall determine whether the grievant has provided clear and convincing evidence of arbitrary and capricious grading. The dean’s decision is final.