Grade Appeal Policy

IHCC 3.85 - GRADE APPEAL POLICY AND PROCEDURE

(MnSCU Complaint and Grievance Policy 3.8 and Procedure 3.81)

POLICY

Part 1. Definitions. For the purposes of this Policy and Procedure the following definitions apply:

Subpart A. Appeal. A request for reconsideration of a decision regarding a final course grade
under the College's Grade Appeal Policy and Procedure.

Subpart B. Grading Complaint. An oral or written claim concerning a course grading issue
brought by a student alleging improper, inconsistent, unfair, or arbitrary grading. While students
have the right to file a complaint concerning any grading issue and discuss it with the appropriate faculty member(s) or administrator(s) as established by college procedures, they may carry it no further unless the complaint 1) is not mutually resolved, 2) it involves a final course grade, and 3) it falls within the definition of an appeal as contained in the Inver Hills College Grade Appeal Policy.

Subpart C. Grade Appeal. A written claim raised by a student alleging unfair, arbitrary or
capricious assigning of a final course grade by a faculty member. In order to have a right to the
entire grade appeal process, a final course grade must be involved and the claim must meet the
grounds described in the Inver Hills Grade Appeal Policy.

Subpart D. Retaliation. Retribution of any kind taken against a student for participating or not
participating in a grade appeal.

Subpart E. Student. An individual who is enrolled in the College, a group of such individuals or
the campus student government.

Subpart F. Ombudsman. A third party external individual who will be retained by the College
for the purpose of investigating a complaint about a final course grade, reporting findings, and
settling a disputed grade.

Part 1. Statement of Grade Appeal Policy
Students have the right to ask instructors for an explanation of any grade received. Students may submit a formal grade appeal when they believe that a final grade is unfair, arbitrary or capricious. However, the student bears the burden of proving that there are sufficient grounds for changing a grade. The grade appeal process will meet the usual criteria of due process for both students and faculty. These procedures shall not substitute for other grievance procedures specific in board, college, or university policies or procedures, regulations or negotiated agreements, including the faculty member's right to grieve the outcome.

A student may appeal a final course grade on the grounds that:

1. The methods or criteria for evaluating academic performance as stated in the course syllabus or assignment sheet or communicated by the instructor at the beginning of the course were not
   actually applied in determining the final grade, and/or
2. The instructor applied grading criteria unfairly, i.e., the evaluation of academic performance so
   exceeded the reasonable limits of the instructor's discretion as not to be acceptable to the
   instructor's peers.

No retaliation of any kind shall be taken against a student for participation in or refusal to participate in a complaint or grievance. These procedures are subject to the laws protecting data privacy rights.

Part 2. Notification and Publication:

The College shall publicize and make this policy and procedure available to students on the College's website. The website shall also provide students with electronic copies of complaint forms and grade
appeal forms and shall advise students about how and where to obtain paper copies of the forms.

GRADE APPEAL PROCEDURES

The following steps are an overview of the procedures for moving forward an issue with course grading
and/or a final course grade:

1. Informal Resolution with the faculty member - all grading issue resolution processes begin here
2. Formal Complaint or Appeal:
   A.    Complaint to the Associate Dean or program director in the case of assignment/test grade issues. Results of the complaint process are final.
   B.    Written Grade Appeal to the Dean who supervises the faculty member in the case of a final course grade issue.
3. Written Appeal to the Ombudsman - Decisions made by the Ombudsman and implemented by the Provost are final and binding.

Part 1. Informal Resolution:
Students should attempt to resolve grading concerns informally before filing a Complaint or Grade
Appeal. The student confers with the involved faculty member in order to resolve a grading issue
informally.

1. Students should discuss concerns about individual assignment/test grades and final grades with their instructor. Most issues are resolved at this level.
2. The instructor is expected to discuss the grade with the student. Only if the instructor is no longer working at the college or is otherwise unavailable may the student proceed to appeal the grade without discussing the matter with the instructor.
3. After meeting with the student, the instructor may decide to change the disputed grade by submitting a change of grade form to Enrollment Services.

Part 2. Written Complaint or Written Grade Appeal
If the grading issue is not resolved informally with the instructor, the student may begin the formal
complaint/appeal process by submitting a written complaint for issues involving individual
assignment/test grades or a written Grade Appeal for issues involving final course grades.

Subdivision A. Written Complaint to the Associate Dean or Program Director
If the issue of an assignment/test grade or grading practice is not resolved with the instructor, the student may submit a written complaint to the faculty member's supervisor or to the Associate Dean of Instruction. The following steps should be taken to resolve complaints:

1. Any student or group of students may present a written complaint regarding assignment/test grades to the Program Director to whom the employee reports or to the Associate Dean.
2. The student or group of students may have an appropriate campus representative, e.g., counselor or faculty member, in attendance for any such discussion.
3. If the student makes a complaint about a faculty member's grading to a supervisor, the complainant shall be notified that the faculty member may be informed that a complaint has been registered. (This will be the case except when Minnesota statutes expressly allow for anonymity, e.g., accusations of sexual harassment.) The goal of this discussion is to reach a mutually acceptable resolution to the issue. The results of this conversation are final.

Subdivision B. Written Appeal to the Dean: If the matter of a final grade issue is not resolved through discussions with the instructor, the student may initiate the formal Grade Appeal process by submitting a written request to the instructor's dean. A student choosing to initiate the formal Grade Appeal process must do so no later than 28 calendar days into the subsequent term after the grade was issued.

The request should contain a statement of the problem, description of attempts to resolve the
matter directly with the instructor, relevant information and documentation in support of the
appeal, and the remedy sought. The student should retain a copy of all materials for his/her
records. The dean will review the materials, confer with the instructor and student as needed and attempt to resolve the matter. The dean will reach one of four decisions:

• Appeal settled by consent. The dean facilitates a resolution that is mutually acceptable to the student and the instructor who issued the grade. Should the acceptable conciliation involve a change of grade, the instructor will submit a change of grade form to Enrollment Services.
• Appeal denied; original grade stands. The dean communicates the decision to the instructor and the student in writing.
• Appeal affirmed. The Dean recommends a change of grade to the Vice President of Academic Affairs/Provost, who implements the recommendation and notifies the instructor and student of the decision.
• The appeal is referred to the Ombudsman for review. In special cases, the dean may refer the student's grade appeal to the Ombudsman for review.

The dean will respond to the student in writing by certified mail within ten business days, with a
copy of the response to the instructor.

Part 3. Written Appeal to the Ombudsman:

If new information is available following the decision of the dean and a grade appeal is not satisfactorily
resolved, the student may appeal the decision of the Dean to the Ombudsman. Students should be aware that a decision may result in a grade being improved, remaining the same, or being lowered.

Subdivision A. Appealing to the Ombudsman. An external third-party Ombudsman may be
appealed to under the following circumstances: (1) the dean, after reviewing the materials
submitted by the student and the instructor, refers the case to the Ombudsman; or (2) the student is dissatisfied with the outcome of the dean's review and having additional documentation of the claim that the assigning of the final course grade by the faculty member was unfair, arbitrary, orcapricious appeals the decision of the dean to the ombudsman. The student must appeal the decision of the dean within ten business days of receipt of the dean's written response.

Subdivision B. Retaining the Ombudsman. The third-party external Ombudsman will be retained by the College. The Vice President for Academic Affairs/Provost will provide the Ombudsman with all relevant materials but will not participate in the proceedings.

Subdivision C: The Decision Process. The Ombudsman will hear the case within ten business days after receiving the dean's referral or the student's written request. The Ombudsman will reach a decision based on the materials provided by the student, the instructor, and the institution and within the guidelines of College and MnSCU policy and of the law.

 

The Ombudsman will reach one of three decisions:

• Appeal settled by consent. The Ombudsman reaches a resolution that is mutually acceptable to the student and the instructor who issued the grade. Should the acceptable conciliation involve a change of grade, the instructor will submit a change of grade form to Enrollment Services.
• Appeal affirmed. The Ombudsman recommends a change of grade to the Vice President of Academic Affairs/Provost, who implements the recommendation and notifies the instructor and student of the decision.
• Appeal denied; original grade stands. The Ombudsman notifies the Vice President of
  Academic Affairs/Provost, who communicates the decision to the instructor and the
  student in writing.

Subdivision D. Decisions. Decisions reached by the Ombudsman and implemented by the Vice President of Academic Affairs are final and binding on all parties.

Part 4. Time Limits

Under unusual circumstances, timelines for proceeding with the grade appeal process may be extended by mutual agreement of the student and the appropriate college personnel. If the college administrator fails to review or respond with the time limits provided, the student may proceed to the next step of the process. If the student fails to respond within the time limits provided, the appeal shall be deemed to have been withdrawn.

Part 5. Review of Policy

This policy and these procedures will be reviewed every two years by the Vice President for Academic
Affairs and the Academic Council.