STUDENT APPEAL BOARD REGULATIONS - Adopted March 19, 1981

I. Academic Dishonesty

Cases involving academic dishonesty shall be subject to the rules and procedures of the Honor System of the College of Law a copy of which is attached hereto.

II. Grade Appeals

A. Purpose: The purpose of this section is to provide a procedure by which a student may appeal the grade received in a course.

B. Appellate Body: Grade appeals will be heard by a committee of three members. The committee shall be composed of one student and two tenured faculty members. The students shall be appointed by the Dean. The faculty members shall be selected by lot from all tenured faculty members of the College not on leave including the Dean and Associate Dean, if tenured, and shall not include the faculty member whose grade is appealed. The Dean shall be responsible for assembling the committee unless the grade from which an appeal is being taken was received in a course which is taught by the Dean. In such case the Associate Dean shall be responsible for assembling the committee when a grade by the Dean is contested.

C. Grounds for Appeal: The exclusive ground for a grade appeal is capriciousness or prejudice.

D. Procedures:

1. An appeal shall be initiated only after the student has requested reconsideration of the grade by the instructor involved. At the request of the student, the Dean may intercede and contact the instructor on behalf of the student. The request for reconsideration must be made:

(a) within two weeks after the beginning of the semester following the semester in which the grade was received, or,

(b) in the case of the student who has graduated or has left school, within three months after the student has received the grade.

2. An appeal shall be initiated in writing with the Dean of the College of Law. If the Dean is the person whose grade is challenged, the appeal shall be initiated with the Associate Dean. An appeal must be initiated within one month after the request for reconsideration has been made. The written appeal shall be signed and shall contain:

(a) A statement that the student has requested reconsideration of the grade. The statement shall specify the date that the request for reconsideration was made.

(b) A short plain statement of the student's claim showing the student is entitled to relief. The committee shall give a copy of the appeal promptly to the faculty member whose grade is challenged.

3. The faculty member whose grade is appealed may file a signed written response with the Dean within 20 calendar days after receiving a copy of the appeal. The Dean shall promptly provide the appealing student with a copy of the answer.

4. The committee shall schedule a hearing on the appeal as promptly as possible. The hearing shall be closed unless both parties agree to an open hearing. The hearing shall be tape-recorded and the tape recording shall be the official record of the hearing. If the appeal is being heard by a committee, the committee shall meet in closed session following the hearing and shall determine its decisions by majority vote.

5. A written decision, including a brief statement containing the reasons for the decision shall be rendered. Both parties shall be promptly informed of the decision.

6. A file of the case, containing the record of the hearing, all pleadings and evidence present in the appeal, and the written decisions shall be maintained by the Dean until the time for an appeal to the University Board of Student Appeals has passed.

III. Petition for Readmission

A. Purpose:The purpose of this section is to provide a procedure by which a student who is excluded from the College of Law for academic reasons may petition for readmission.

B. Body hearing the Petition:Petitions for readmissions will be heard by the faculty of the College of Law.

C. Procedures:

1. A petition for readmission may be submitted at any time after a student has been excluded from the College of Law except as set forth in subparagraph 7.

2. A petition for readmission shall be in writing. The petition shall contain a statement of any matters the student wishes the faculty to consider.

3. A petition for readmission shall be submitted to the Dean or Associate Dean. The Dean or Associate Dean shall call a meeting of the faculty to consider the petition. The meeting shall be closed. In the alternative, if the student has not made a request as provided in subparagraph 5., the Dean or Associate Dean may circulate the petition among the faculty for written vote without a meeting.

4. A quorum of the faculty, as determined by the rules and regulations of the College of Law, must be present to consider the petition. The faculty may decide to deny the petition or to grant it, subject to any terms or conditions the faculty chooses to impose. A decision on the petition shall be by majority vote of the faculty present at the meeting.

5. A student may appear before the faculty and may designate another individual to appear before the faculty at the meeting called to consider the petition. Such student or designated individual may present his/her case and either may answer questions. However, such student or designated individual may not be present during the deliberation and vote of the faculty. A student desiring to take advantage of one of these alternatives shall inform the Dean or Associate Dean in writing at the time the petition is submitted.

6. The Dean or Associate Dean shall inform the student of the decision of the faculty.

7. A student whose petition is denied may not petition the faculty again until at least 9 months have elapsed after denial. A student who wishes to repetition must present his or her written petition to the Dean or Associate Dean, and may request a personal appearance. The Dean or Associate Dean will then determine whether the petition should be considered by the faculty in written form only, or whether there is a good cause for a personal appearance by the student.

IV. Other Matters:

A student who wishes to appeal any decision of the faculty or staff of the College of Law other than those specified above, or who wishes to be granted an exemption from any of the requirements or procedures of the College of Law shall make the appeal to or request the exemption from the Dean. The Dean may rule on the matter, may appoint a committee to rule on it, or may refer it to the entire faculty as is deemed appropriate in a particular case.