48. Grade Disputes

(Revised: 2015)

 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.

48.1 Rules

The instructor of the class is the primary authority with respect to a student's proficiency and final grade in that course. Final grade determination shall be consistent with Student Rule 10 Grading.

48.2 Scope

A student may appeal an adverse decision concerning a final grade on the grounds that the respondent's decision was arbitrary, capricious or prejudicial. In the appeal process, the burden of proof shall be upon the student.

48.3 Definitions

In this rule, the following words have the following definitions and no other:

"Adverse decision" means a decision by a faculty member or administrator that negatively impacts the student and for which the student wishes to pursue a grievance under this rule.

"Arbitrary" means no reasonable factual basis for reaching the conclusion or taking the action.

"Capricious" means unpredictable and subject to whim.

"Faculty" means an individual holding a position in which the primary title includes the word "professor," "instructor," "lecturer," or "librarian” regardless of other rank of appointment qualifiers associated with the title. Appointments with the word "dean" or "provost" with or without a specified faculty rank higher than assistant professor are normally tenured faculty appointments.

"Final Grade" means a grade assigned by the instructor at the end of an academic term as defined in Student Rule 10 Grading. This does not include other grade designations of I, X, Q, W, and NG.

"May" means a condition that is not required to be met; it is discretionary. Contrast "shall."

"Prejudicial" means irrational attitude of hostility directed against an individual. This does not include hostility on the basis of any legally protected status that is addressed through Student Rules 45 - 47.

"Respondent" means the faculty member, instructor, or administrator who made the decision.

"Shall" means a condition that must be met. Contrast "may."

"Student" means an individual undergraduate student enrolled at the university who is the subject of an adverse academic decision.

48.4 Grievance Procedures

48.4.1 This process does not apply to academic misconduct cases. Academic misconduct cases are appealed in the Galveston Aggie Honor System Office.

48.4.3 An undergraduate student who believes that his or her final grade reflects a capricious, arbitrary, or prejudiced academic evaluation must follow the resolution procedures and deadlines as described in Student Rule 57 Undergraduate Academic Appeals Panel.

48.4.4 A graduate or professional student who believes that his or her final grade reflects a capricious, arbitrary, or prejudiced academic evaluation must follow the resolution procedures and deadlines described in Student Rule 59 Graduate Academic Appeals Panel.