02:01 COURSE ATTENDANCE, GRADING, AND ACADEMIC DISHONESTY POLICY.

It is University policy that faculty determine the attendance and grading policies for courses under their direct supervision and instruction. Faculty members must state in printed form and distribute to their students at the beginning of each semester the academic course attendance requirements and course grading procedures. It is recommended further that faculty members call to attention of students the University policy regarding academic dishonesty as stated in Chapter 1 - Student Code (01:10:01).

02:02 ACADEMIC GRADE AND DISHONESTY APPEALS PROCEDURE.

02:02:01 Informal Phase. The South Dakota State University faculty agrees that students should have protection through orderly procedures against the unfounded accusation of cheating or plagiarism. In addition, the faculty realizes that it must be protected from the possibility of a student grievance that is without substance. As a result of these recognition’s, the faculty at South Dakota State University adheres to the following procedures for such protection.

Any and/or all of these procedures must be initiated within ninety (90) class days of the alleged grievance.

02:02:01:01 The burden of proof in alleged cases of injustice from prejudicial or capricious academic evaluation rests with the student bringing the charges.

02:02:01:02 The burden of proof in alleged cases of dishonesty or plagiarism rests with the faculty member.

02:02:01:03 In an academic grade appeals case the student who feels aggrieved must first state the grievance to the faculty member involved. In an academic dishonesty appeals case the faculty member must first state the grievance to the student involved.

02:02:01:04 The faculty member involved is obligated to hear the student's complaint and (a) redress the grievance, or (b) explain why, in the faculty member's judgment, the complaint is without substance.

02:02:01:05 If the student remains unsatisfied with the redress or the explanation that has been offered, the student may approach the faculty member's department head and state the complaint.

02:02:01:06 The department head shall hear the student's complaint. If the complaint seems to the department head to have no reasonable ground, the department head shall so inform the student. If, on the other hand, it seems to the department head that there may be some reasonable ground for the student's complaint, the head shall invite the faculty member to state the faculty member's side of the case. The faculty member shall respond to this invitation from the department head.

02:02:01:07 After hearing both sides, the department head will (a) suggest to the faculty member that redress be granted for what seems to be a real grievance, (b) advise the student that the complaint seems to be without substance and ought to be abandoned, or (c) allow the student to withdraw from the course without grade penalty with the approval of the Vice President for Academic Affairs. In case of (a) or (b) the faculty or student may reject the department head's advice and proceed to the formal phase.

It is assumed that the matter has proceeded to this point on an informal and verbal basis. Beyond this point, proceedings must be considered formal and should use written materials. The procedure which follows must be initiated within 10 class* days of the completion of the informal phase.

02:02:02 The Formal Phase. The Formal Phase is conducted in writing with copies provided to the faculty member and the student involved as well as the head of the department involved, the dean of college involved, the student's dean and the Vice President for Academic Affairs.

02:02:02:01 Academic Appeal Procedure

02:02:02:01:01 A student or faculty member who remains dissatisfied with the results of the informal complaint may make a formal complaint to the head of the faculty member's department. This complaint must be in writing and must make specific statements regarding the grievance alleged. Only matters relevant to the alleged grievance shall be included. The person making the complaint shall provide written copies to the parties concerned, to the student's advisor and dean, to the faculty member's department head and dean, and to the Vice President for Academic Affairs.

02:02:02:01:02 Upon receipt of a complaint, the faculty member's department head shall request immediately that the other party to the complaint present that party's side of the case in writing to the parties listed in the above paragraph (A). The request shall be complied within ten (10) class days.

02:02:02:01:03 Upon receipt of the grievance and the other party's reply, the department head shall call a meeting of the faculty members in the department within ten (10) class days in order to review the case. If the department has less than three (3) members, the dean of the college involved shall appoint additional faculty members of the related discipline to compose a review committee of at least five (5) members. Both the student and the faculty member involved have a right to be present at the hearing while evidence is being heard, but may not be present during deliberation. At this step advisory counsel may not be present. In those cases where the department head is the instructor involved in the charge, the grievances shall be filed with the dean of the college involved, who will appoint a special investigating committee to review the evidence.

02:02:02:01:04 After the academic department review committee hearing, a vote shall be taken among the faculty members convened. Consistent with the principle that the burden of proof in alleged cases of grade injustice rests with the student initiating the grievance action, a two-thirds vote of the faculty members convened shall be required to decide the controversy in favor of the student.


* "Class" days as used throughout this standard refers to all days during which university classes are normally in session, including semester examination days. Saturdays, Sundays, official vacation days and interim periods are not "class" days.


Consistent with the principle that, in controversies regarding academic dishonesty, the faculty member must demonstrate beyond any reasonable doubt the guilt of the student, a two-thirds majority vote of the faculty members convened shall be required to decide the controversy in favor of the faculty member. After the academic department reviewing committee has reached a decision, the committee shall (1) in the case of a grade appeal (a) instruct the faculty member to grant appropriate redress to the student and advise the faculty member of appeals procedure or (b) advise the student that reasonable doubt exists regarding the legitimacy of the complaint and advise the student of appeals procedure, or (2) in the case of alleged academic dishonesty, (a) guilt is established and the faculty member's action supported, or (b) guilt is not established and the faculty member, in consultation with the committee, will award the grade.

02:02:02:01:05 If the student or faculty member remains dissatisfied with the decision of the academic department review committee, the unsatisfied party may request a hearing before the Academic Senate Committee on Academic Appeals in writing. The Chair of the Academic Appeals Committee shall convene the committee members within ten (10) class days following receipt of a request for a hearing. The convened committee members shall then vote to determine whether there is probable cause to proceed to a hearing. * A favorable vote of at least one less than a majority of the committee is needed to grant the request for a hearing. If the Academic Senate Committee on Academic Appeals fails to honor the request for a review, the academic department review committee decision shall be considered final. If the Academic Senate Committee on Academic Appeals honors the request for a review, the Chair of the committee shall convene the membership within ten (10) class days following the decision to grant review.

Both the student and faculty member shall be informed in writing five (5) class days in advance of the Academic Appeals Committee meeting. Both the faculty and student are entitled to be represented by advisory counsel during this meeting. The committee shall then review all relevant tangible evidence in the case and oral presentation by the student, the faculty member involved and others as the controversy requires. In a grade appeal case it shall require a two-thirds majority of the committee members to decide the case in favor of the student. In a dishonesty appeals case it shall require a two-thirds majority of the committee members to decide the case in favor of the faculty member. After the Academic Appeals Committee has reached its decision the Committee shall (a) instruct the faculty member to grant appropriate redress to the student, or (b) in a grade appeal case, inform the student that the grade appeal is denied, or, in the case of academic dishonesty, that guilt is established beyond a reasonable doubt. The decision of the Academic Appeals Committee ordinarily shall be final. The President, however, shall reserve the authority to order an Academic Appeals Committee re-hearing if, in the opinion of the University President, the Academic Appeals Committee has failed to provide adequate notice, or a fair hearing, or if any new evidence should arise not previously considered by the

* If, in the opinion of the Academic Appeals Committee, the departmental hearing has allowed both sides opportunity to present the facts and the hearing was determined to be fair, then the Academic Appeals Committee shall have the right to concur with the departmental review committee recommendations without a hearing.

Academic Appeals Committee, or if there is a clear preponderance of evidence against the determination of the Academic Appeals Committee.

02:02:02:01:06 If the faculty member fails to provide full redress as instructor by the Academic Appeals Committee, the Committee shall request the dean of the faculty member's college to grant redress to the aggrieved student.

02:02:02:01:07 The time limitations as delineated in the Academic Appeals procedure shall be absolute unless the limitations work a hardship on either of the parties to the dispute. Adjustments of the time limitations may be granted by the convener of the academic department review committee or the Academic Appeals Committee Chair upon a determination that such a hardship would be incurred by either party.

02:02:02:02 Academic Appeals Committee.
An Academic Appeals Committee is constituted for the purpose of hearing and deciding appeals of student semester grades and matters of academic dishonesty.

The Academic Appeals Committee shall have seven (7) members, consisting of five (5) faculty members, one of whom shall serve as committee chairperson, and two (2) students. The Academic Senate shall elect a chair and the faculty members on recommendations of the Committee on Committees, and the Student Senate shall elect the students. Each faculty member and each student shall have two (2) alternates also to be elected by the Academic senate and the Student Senate, respectively.

A quorum of the Academic Appeals Committee shall be defined as seven (7) members present. The Chair of the Academic Senate shall have power to appoint interim committee members to the Academic Appeals Committee if necessary to enable the committee to convene within the required time limitations.


02:03 ACADEMIC GRADE AND DISHONESTY APPEALS HEARING

The conditions and timeline for a hearing of an academic grade or academic dishonesty appeal by the Academic Appeals Committee of the Academic Senate are defined in Chapter 2 of the Student Code (Student Policy Manual). The pertinent portion of that chapter is reproduced below.

02:03:01 If the student or faculty member remains dissatisfied with the decision of the academic department review committee, the unsatisfied party may request a hearing by the Academic Senate Committee on Academic Appeals in writing. The Chair of the Academic Appeals Committee shall convene the committee members within ten (10) class days following receipt of a request for a hearing. The convened committee members shall then vote to determine whether there is probable cause to proceed with a hearing.* A favorable vote of at least one less than a majority of the committee is needed to grant the request for a hearing. If the Academic Senate Committee on Academic Appeals fails to honor the request for a review, the academic department review committee decision shall be considered final. If the Academic Senate Committee on Academic Appeals honors the request for a review, the Chair of the committee shall convene the membership within ten (10) class days following the decision to grant review.

Both the student and the faculty member shall be informed in writing five (5) class days in advance of the Academic Appeals Committee meeting. Both the faculty and the student are entitled to be represented by advisory counsel during this meeting. The committee shall then review all relevant tangible evidence in the case and oral presentation by the student, the faculty member involved and others as the controversy requires. In a grade appeal case it shall require a two-thirds majority of the committee members to decide the case in favor of the student. In a dishonesty appeals case it shall require a two-thirds majority of the committee members to decide the case in favor of the faculty member. After the Academic Appeals Committee has reached its decision the Committee shall (a) instruct the faculty member to grant appropriate redress to the student, or (b) in a grade appeal case, inform the student that the grade appeal is denied, or, in the case of academic dishonesty, that guilt is established beyond a reasonable doubt. The decision of the Academic Appeals Committee ordinarily shall be final. The President, however, shall reserve the authority to order an Academic Appeals Committee re-hearing if, in the opinion of the University President, the Academic Appeals Committee has failed to provide adequate notice, or a fair hearing, or if any new evidence should arise not previously considered by the Academic Appeals Committee, or if there is a clear preponderance of evidence against the determination of the Academic Appeals Committee.

02:03:02 If the faculty member fails to provide full redress as instructed by the Academic Appeals Committee, the Committee shall request the dean of the faculty member’s college to grant redress to the aggrieved student.

*If, in the opinion of the Academic Appeals Committee, the departmental hearing has allowed both sides opportunity to present the facts and the hearing was determined to be fair, then the Academic Appeals Committee shall have the right to concur with the departmental review committee recommendations without a hearing.

02:03:03 The time limitations as delineated in the Academic Appeals procedure shall be absolute unless the limitations work a hardship on either of the parties to the dispute. Adjustments of the time limitations may be granted by the convener of the academic department review committee or the Academic Appeals Committee Chair upon a determination that such a hardship would be incurred by either party.


ACADEMIC GRADE AND DISHONESTY APPEALS HEARING PROCESS


A quorum of the Academic Appeals Committee shall be defined as seven (7) members present.

Prior to scheduling a preliminary review, the Committee Chair shall ascertain that all the informal steps and the initial formal step in the appeals procedure has been completed in accordance with the Student Code.

The Chair of the Academic Appeals Committee shall request, in writing, from all parties involved in the controversy any pertinent material deemed necessary for review by the Committee prior to the preliminary hearing. These materials, and any additional materials either party chooses to submit, must be submitted to the Committee within ten (10) class days of receipt by the Committee of the request for an appeals hearing.

The Academic Appeals Committee hearing process shall not be bound by common law or statutory rules of evidence and may admit evidence having reasonable probative value, but shall exclude immaterial, irrelevant, or unduly repetitious testimony, and shall give effect to recognized legal privileges. Records, exhibits and written statements which are not pertinent to the hearing may be eliminated from consideration at the discretion of the Chair. All procedural questions are subject to the final decision of the Chair.

Confidentiality shall be maintained.

Academic Appeals Committee hearings shall be conducted in the following manner:

1. Determine that a quorum of the Committee is present.

2. The student, the faculty member, and any advisory counsel* must be present during the information gathering portion of the hearing. Witnesses, if any, will hold themselves available and will be called as needed. The Committee reserves the right to allow the presence of a secretary, technical assistant, or security officer. The Chair has the authority to exclude from the hearing any person whose conduct interferes with the hearing.


*Advisory counsel shall mean a peer, academic advisor, instructor or staff member. The advisory counsel may not be legal counsel. Advisors are not permitted to speak or to participate directly in the hearing.


3. The hearing will begin with the reading of the following statement:

“This hearing is confidential in nature. Events, statements and outcomes of this hearing should not be discussed outside of this room. All statements made during the information gathering phase of this hearing will be tape-recorded. This record shall be preserved in the archives of the Vice President for Academic Affairs for a minimum of five years and shall be confidential. Any party to the hearing may obtain a copy of the record at his or her own expense. Upon a showing of indigence and legal need, a party may be provided with a copy of this record of testimony without charge.

The participants are cautioned that this hearing is information gathering in nature. Statements must be factual in nature, preferably supported by records or exhibits. Inflammatory and/or emotional arguments or statements are not appropriate.”

4. Any Committee member may question any of the participants at the hearing.

5. Witnesses shall stay in a separate room and be brought into the hearing room one at a time as called. Once called, witnesses shall remain in the hearing room until the information gathering phase of the hearing is completed. The grievant and respondent may ask questions of witnesses only with permission of the Chair. Witnesses may make statements and present evidence only if asked to do so by the Chair, Committee members, the grievant or respondent.

6. The grievant will be allowed 10 minutes to present her/his statements. The grievant’s witnesses will each be allowed a maximum of 5 minutes to present his/her information. Advisors are not permitted to speak or to participate directly in the hearing.

7. The respondent will have the opportunity to question the grievant and/or witnesses about their statements. The Committee will have the opportunity to question the grievant and the witnesses.

8. The respondent will be allowed 10 minutes to present her/his statements. The respondent’s witnesses will each be allowed a maximum of 5 minutes to present his/her information. Advisors are not permitted to speak or to participate directly in the hearing.

9. The grievant will have the opportunity to question the respondent and/or witnesses about their statements. The Committee will have the opportunity to question the respondent and the witnesses.

10. After all information is exchanged, all persons except the Committee members will leave the hearing room. The grievant, respondent, advisors and witnesses shall continue to be available to the committee should further information be needed.

11. The Committee shall meet in closed session to formulate its decision. The deliberations of the Committee will not be tape-recorded.

12. The Committee shall prepare written findings of fact and a written decision based upon the record of the hearing. The decision may be announced to the grievant and respondent before the hearing process is closed. A written statement of the decision will be provided to the grievant, respondent, dean and Vice President for Academic Affairs within five (5) class days of the hearing.

13. The decision of the Academic Appeals Committee shall be final. An appeal to the President for a re-hearing may be made only: 1) by being able to demonstrate failure of the Academic Appeals Committee to provide adequate notice; OR 2) by presenting evidence that a fair hearing was not provided; OR 3) if new evidence arises not previously considered by the Academic Appeals Committee. This appeal must be made in writing within twenty-one (21) class days of the original hearing. The President shall reserve the authority to order an Academic Appeals Committee re-hearing.





GRADUATE SCHOOL ACADEMIC APPEALS

02:04 GENERAL PROCEDURES AND PRINCIPLES FOR GRADUATE SCHOOL ACADEMIC APPEALS


Graduate academic appeals frequently involve more complex issues than can be addressed by the undergraduate appeal process or involve participants not identified in the undergraduate appeals process. Therefore, a procedure specially designed to handle academic appeals at the graduate level has been developed. The following participants assume roles analogous to the indicated undergraduate roles in the undergraduate appeals procedure.

Graduate Participant Analogous Undergraduate Participant

Advisory Committee Faculty member
(or Advisor if committee is not formed)
Graduate Dean Department Head
Graduate Council Academic Department Review Committee


If situations cannot be resolved by the student's committee, Graduate Dean or Graduate Council or if the student wishes to appeal the decision, the matter is referred to the Vice President for Academic Affairs for a final decision.

However, academic appeals which are uncomplicated or involve a grade in a course, at the discretion of the Graduate Dean, may be routed through the procedures in place for resolving similar undergraduate grade appeals. If this does not occur and a grade appeal is processed through the Graduate School Academic Appeals process, the word "Instructor" should be considered synonymous with "Advisor" or "Advisory Committee" in this document.

A Graduate Student named by the Student Senate will be invited to participate in all Graduate Council meetings on academic appeals and shall have voting rights in Graduate Council action on appeals.

02:05 GRADUATE SCHOOL ACADEMIC GRADE AND DISHONESTY APPEAL PROCEDURES

02:05:01 Informal Phase. The South Dakota State university faculty agrees that students should have protection through orderly procedures against the possibility of injustice from prejudicial or capricious academic evaluation, or unfounded accusation of cheating or plagiarism. In addition, the faculty realizes that it must be protected from the possibility of a student grievance that is without substance. As a result of these recognitions, the Graduate Faculty at South Dakota State University adheres to the following procedures of such protection.


Any and/or all of these procedures must be initiated within ninety (90) class days of the alleged Grievance.

02:05:01:01 The burden of proof in alleged case of injustices from prejudicial or capricious academic evaluation rests with the student bringing the charges.

02:05:01:02 The burden of proof in alleged case of dishonesty or plagiarism rests with the graduate student's advisor or Advisory Committee.

02:05:01:03 In an academic grade appeals case, the student who feels aggrieved must first state the Grievance to the faculty involved in an academic dishonesty appeals case, the Advisory Committee, Advisor, or Instructor must first state the grievance to the student involved.

02:05:01:04 The Advisory Committee (or Instructor in grade appeals) involved is obligated to hear the student's complaint and (a) redress the grievance, or (b) explain why the complaint is without substance.

02:05:01:05 If the student remains unsatisfied with the redress or the explanation that has been offered, the student may approach the Graduate Dean and state the complaint.

02:05:01:06 The Graduate Dean shall hear the student's complaint. If the complaint seems to the Dean to have no reasonable ground, the Dean shall so inform the student. If on the other hand, it seems to the Graduate Dean that there may be some reasonable ground for the student's complaint, the Dean shall invite the Advisory Committee, Advisor, or Instructor in grade appeals to state their side of the case. The Advisory Committee, Advisor, or Instructor shall respond to this invitation from the Dean.

02:05:01:07 After hearing both sides, the Graduate Dean will (a) suggest to the Advisory Committee, Advisor, or Instructor (in grade appeals) that redress be granted for what seems to be a real grievance; (b) advise the student that the complaint seems to be without substance and ought to be abandoned. Depending on the seriousness and circumstance, the Dean may allow the student to withdraw from the program, change the status of the student in the Graduate School, or terminate the student from the program or the Graduate School. The Committee (or Instructor) or student may reject the Dean's advice and/or action and proceed to the formal phase.

It is assumed that the matter has proceeded to this point on an informal and verbal basis. Beyond this point, proceedings must be considered formal and should use written materials. The procedure that follows must be initiated within 10 class days of the completion of the informal phase.


02:05:02 The Formal Phase. The Formal Phase is conducted in writing with copies provided to the Advisory Committee, Advisor, or Instructor (in grade appeals) and the student involved as well as the Dean of the Graduate School and the Vice President for Academic Affairs.

02:05:02:01 Academic Appeal Procedure

02:05:02:01:01 A student or Advisory Committee (Instructor in grade appeals) who remains unsatisfied with the results of the informal complaint may make a formal complaint to the Dean of the Graduate School. This complaint must be in writing and must make specific statements regarding the Grievance alleged. Only matters relevant to the alleged Grievance shall be included. The person/committee/instructor making the complaint shall provide written copies to the parties concerned, to the Dean, and to the Vice President for Academic Affairs.

02:05:02:01:02 Upon receipt of the complaint, the Dean shall request immediately that the other party to the complaint present that party’s side of the case in writing to the parties listed in the above paragraph. This request shall be complied within ten (10) class days.

02:05:02:01:03 Upon receipt of the Grievance and other party's reply, the Dean shall call a meeting of the Graduate Council within ten (10) class days in order to review the case. If a meeting cannot be scheduled with ten (10) days, it shall be scheduled as soon as possible with the mutual agreement of the student and Graduate Council. Both the student and the Advisory Committee (or Instructor in grade appeals) involved have a right to be present at the hearing while evidence is being heard, but may not be present during deliberation. At this step Advisory Counsel may not he present.

02:05:02:01:04 After the Graduate Council review hearing, a vote shall be taken among the Council members convened. Consistent with the principle that the burden of proof in alleged cases of grade injustice rests with the student initiating the grievance action, a two-thirds vote of the Council members convened shall be required to decide the controversy in favor of the student. Consistent with the principle that, in controversies regarding academic dishonesty, the Advisory Committee (or Instructor in grade appeals) must demonstrate beyond any reasonable doubt the guilt of the student, a two-thirds majority vote of the Council members convened shall be required to decide the controversy in favor of the Advisory Committee (or instructor in grade appeals). After the Graduate Council has reached a decision, it shall (1) in the case of a grade appeal (a) instruct the Advisory Committee or Instructor to grant appropriate redress to the student, or (b) advise the student that reasonable doubt exists regarding the legitimacy of the complaint and advise the student of appeals procedure, or (2) in the case of alleged academic dishonesty, (a) guilt is established and the Advisory Committee’s action supported, or (b) guilt is not established. A quorum of the Graduate Council (over 50% of the voting members) must be present.

02:05:02:01:05 If the student, Advisory Committee, or Instructor (in grade appeals) remains unsatisfied with the decision of the Graduate Council, the unsatisfied party may request a hearing by the Vice President for Academic Affairs in writing. The decision of the Academic Vice President shall be final.


“Class” days as used throughout this standard refers to all days during which university classes are normally in session, including semester examination days. Saturdays, Sundays, official vacation days, and interim periods are not “class” days.


Revised: August 1999