Current through all regulations passed and filed through September 16, 2024
(A)
Purpose. This
administrative policy and procedure is established to provide an appropriate
framework and method to resolve student complaints of an academic nature. As
such, this policy is specifically designed to maintain the integrity of the
academic environment and to ensure that the rights of students in such matters
are clearly stated and protected.
(B)
General
guidelines.
(1)
In initiating a complaint and throughout the formal appeals
process, students may seek the counsel of the office of the student ombuds. The
student ombuds will provide information, clarify procedures, and facilitate
communication as requested.
(2)
This student
academic complaint policy, upon its approval, will become a part of the
handbook for each academic unit and regional campus as the applicable student
complaint policy and procedure for the unit.
(3)
The appropriate
jurisdiction for initiating an academic complaint (i.e., where a complaint is
filed and which academic unit or regional campus controls the complaint
process) is determined first by the academic unit or campus scheduling the
course offering. Academic complaints concerning courses scheduled by an
academic unit will be initiated with the academic unit offering the course.
Academic complaints concerning courses scheduled by a regional campus will be
initiated with the regional campus offering the course. In the case of a course
scheduled by an academic unit which is cross-listed with other academic units,
an academic complaint will be initiated with the academic unit of the
instructor. In the case of a course scheduled by a regional campus that is
cross-listed with another campus, an academic complaint will be initiated with
the primary campus of the instructor of record.
(4)
It is understood
that some issues student academic complaints may involve one or more policies
which, because of either the nature of the academic complaint or the status of
the complainant, may be related to university offices with separate
responsibilities for such policies. An allegation of discrimination or sexual
harassment should be referred to the office of compliance, equal opportunity,
and affirmative action. Appeals of sanctions applied for cheating or plagiarism
should be addressed under rule
3342-3-01.8 of the
Administrative Code. Nonacademic student complaints should be addressed under
rule 3342-4-02.102 of the
Administrative Code.
(5)
There shall be no retaliation against the student or
abridgment of a student's rights resulting from the use of this
policy.
(C)
Definition of terms.
(1)
"Student" is
defined as any person enrolled at the university in a course offered for
credit.
(2)
"Instructor" is defined as any person who is authorized
to teach any course offering of the university, who is involved in a
professional capacity as a thesis or dissertation committee member, or who
evaluates student academic work.
(3)
"Academic unit"
is defined as an academic department headed by a chair, a school headed by a
director, or a college without departments or schools headed by a
dean.
(4)
"Regional campus" is defined as a campus of Kent state
university other than the Kent campus.
(5)
"Local
administrator" is defined as the chief administrative officer of an academic
unit or regional campus whose position is that of a first organizational level
academic leader with a teaching faculty (i.e., the chair of a department, the
director of a school, the dean of a college without departments or schools, or
the dean of a regional campus). In the case of a college without departments or
schools or a regional campus, and with the exception of the role identified for
the local administrator in paragraphs (E)(2)(g) and (E)(2)(h) of this rule, the
dean may delegate the role of the local administrator to a college or campus
administrator with faculty rank.
(6)
"Faculty advisory
body" is defined as the faculty advisory committee of a department or school,
the college advisory committee of a college, or the faculty council of a
regional campus.
(7)
"Student academic complaint" is defined as a formalized
complaint regarding those aspects of the educational process involving student
performance, evaluation, or grading in courses.
(8)
"Student
complaint procedure" is defined as the process by which a student may resolve
an academic complaint.
(9)
"Respondent" is defined as that person or persons named
by the student when filing a written academic complaint.
(10)
"Complainant" is
defined as the student who files an academic complaint.
(11)
"Student
academic complaint committee" is defined as the academic unit or regional
campus committee whose responsibility is to review and make recommendations to
the local administrator with regard to student academic
complaints.
(12)
"Student ombuds" is defined as the university official
charged with the responsibility to assist students by providing an
individualized information and referral system. The student ombuds informs
students of procedures for processing student complaints and acts as a
facilitator upon request.
(13)
"Academic
administrator at the next level of governance" is defined as the college dean
(or their designee) in the case of a department chair/school director, the
provost (or their designee) in the case of a dean of a college without
departments or schools, or the chief administrative officer for regional
campuses (or their designee) in the case of a regional campus
dean.
(14)
All references to "days" refer to weekdays during fall
and spring semesters on which classes are conducted, excluding examination
week.
(D)
Student academic complaint committee.
(1)
Each academic
unit and regional campus shall establish a standing student academic complaint
committee which shall be composed of three to five full-time faculty members
from the academic unit or regional campus and one to two students. All members
shall participate fully in committee deliberations and shall vote on the
recommendation to be forwarded to the local administrator.
(2)
In all cases,
faculty members of the student academic complaint committee will be selected by
the faculty advisory body of the academic unit or regional campus at the end of
the spring semester for the next academic year.
(3)
At the beginning
of each academic year the student academic complaint committee shall elect one
of its full-time faculty members to serve as chairperson.
(4)
The student
member(s) of the committee will be selected by the local administrator after
consultation with the faculty advisory body and relevant student organizations.
As applicable, undergraduate student(s) and graduate student(s) in good
standing shall be appointed by the local administrator on or before September
fifteenth of each year. The undergraduate student(s) will sit on complaints
about undergraduate courses, and the graduate student(s) will sit on complaints
about graduate courses.
(5)
If a member of the student academic complaint committee
or a spouse, domestic partner, or relative of any member of the committee is
named as a respondent or complainant, that member shall be excluded from
deliberating or voting on that complaint. In such cases, the members of the
student academic complaint committee, through its chairperson, may replace any
member excluded by this rule.
(6)
Neither the local
administrator nor any administrative delegate thereof is a member of the
student academic complaint committee, nor does the local administrator or any
administrative delegate thereof participate in its
deliberations.
(E)
Complaint procedure.
(1)
Informal
resolution.
(a)
The student is expected first to review the matter with the
course instructor in an attempt to resolve the issue
immediately.
(b)
If the matter is not resolved immediately, the student
may discuss the matter with the local administrator of the academic unit or
regional campus offering the course before lodging a formal
complaint.
(c)
The student may also consult with the student
ombuds.
(2)
Formal complaint.
(a)
If attempts at
informal resolution are unsuccessful, the student may lodge a formal complaint
by submitting said complaint, in writing, local administrator. (See paragraph
(G) of this rule for time limits.) In the case where a complaint is lodged
against the local administrator, the complaint will be submitted to the chair
of the student academic complaint committee.
(b)
The written
complaint submitted by the student should include the nature of the complaint,
the facts and circumstances leading to the complaint, reasons in support of the
complaint, and the remedy or remedies requested. The complaint statement
submitted by the student becomes the basis for all further consideration of the
matter. The written complaint should also note what attempts were made at
informal resolution and should include any evidence pertinent to the issues
identified.
(c)
Upon receipt of the complaint, the local administrator
shall refer it to the student academic complaint committee for consideration. A
copy will be made available to the respondent(s) who shall respond in writing
to the complaint and include any information or documentation related to the
response. A copy of the respondent's written response shall be forwarded to the
complainant.
(d)
If the committee determines that two or more complaints
against an instructor are substantively the same, the committee may, with the
concurrence of the complainants, choose to combine the
complaints.
(e)
The conduct of matters brought before the student
academic complaint committee shall be non-adversarial in nature. The committee
shall examine and evaluate fully the written allegation and response, including
any supporting documentation submitted by the complainant or respondent. The
complainant and the respondent will be invited to appear before the committee.
The committee may also invite testimony from any other persons who, in the
judgment of the committee, may assist in its examination and evaluation of the
complaint.
(f)
In each case brought before the committee, the student
complainant may bring a non-attorney adviser (e.g., a parent, fellow student,
another instructor) to observe, assist, and counsel. Such advisers shall not
participate directly in the hearing.
(g)
After completion
of its review and examination and following appropriate deliberation, the
committee shall forward to the local administrator a written recommendation,
which becomes part of the record.
(h)
Upon receipt of
the written recommendation from the student academic complaint committee, the
local administrator shall provide a written decision to the complainant and the
respondent, with a copy going to the members of the committee and the academic
administrator at the next level of governance. In arriving at a decision, the
local administrator, besides reviewing the recommendations provided by the
committee, may consult with the parties to the complaint or others who the
local administrator believes may assist in the review of the matter. The
written decision should contain a summary of the complaints and of the
committee's recommendation, and the reason(s) for the decision
rendered.
(i)
In the event that the decision requires a change in a
student's academic record, and neither party appeals the decision of the
academic unit or regional campus, it is the responsibility of the local
administrator to initiate such a change, following established university
procedures.
(F)
Appeal of
academic unit or regional campus decision.
(1)
The complainant
or respondent may appeal the decision made at the academic unit or regional
campus level to the academic administrator at the next level of
governance.
(2)
The appellant shall clearly state in writing the
reasons why the academic unit or regional campus decision is being appealed.
The appeal must be based on procedural reasons or substantive issues that were
not properly dealt with in the original complaint. In no case will the appeal
be a complete rehearing of the original complaint.
(3)
A copy of the
appeal statement must be sent to the other party (complainant or respondent)
and the local administrator of the academic unit or regional
campus.
(4)
The review of any appeal by the academic administrator
at the next level of governance will normally consist of the review of the
written documents. At the discretion of the academic administrator at the next
level of governance, the review may include interviewing the principal parties,
discussing the matter with the local administrator and members of the student
academic complaint committee, and/or consulting with any others deemed relevant
to the review of the appeal.
(5)
Upon completion
of the review, the academic administrator at the next level of governance will
make the final decision.
(G)
Time
limits.
(1)
The
following time limits pertain to all parties. If conditions or causes exist
requiring a modification of the time limits, it shall be the responsibility of
the local administrator to assess such circumstances and causes and determine
the nature or extent of any such modification. If the local administrator
determines that modification is required, the parties shall be informed
immediately by the local administrator.
(2)
Following an
unsuccessful attempt at informal resolution, a written complaint must be
submitted within fifteen days after the occurrence of the event. If the event
occurs at or after the end of a regular semester or during a summer session, a
student will have up to fifteen days from the start of the next semester to
submit a complaint to the local administrator. An exception to this rule is in
effect if the student is scheduled to graduate and the event does not delay
graduation. In such cases, the written complaint must be filed within thirty
days following the last day of finals week, if the event occurs during the
regular semester, or within thirty days following the last day of classes of
the final summer session, if the event occurs during summer
session.
(3)
The local administrator must provide a copy of the
complaint to the respondent and members of the student academic complaint
committee within ten days of receipt of the complaint.
(4)
The respondent
has ten days from the date of receipt of the complaint, if the complaint was
submitted during the fall or spring semesters, or ten days from the start of
the next semester, if the complaint was submitted during the summer or winter
breaks, to provide a written response to the local administrator, with a copy
to the complainant and to the members of the student academic complaint
committee.
(5)
The student academic complaint committee is expected to
conduct its review as expeditiously as possible. In no case, however, is the
committee expected to conduct its review outside of the regular academic year
(fall and spring semesters). The student academic complaint committee, through
its chair, must forward a written recommendation to the local administrator
within fifteen days of completion of its review.
(6)
The local
administrator will normally provide a written decision within ten days of
receipt of the student academic complaint committee's
recommendation.
(7)
If either party decides to appeal the local
administrator's recommendations, the appeal must be submitted in writing to the
appropriate academic administrator at the next level of governance within ten
days of receipt of the academic unit or regional campus decision. A copy of the
written appeal must also be sent to the other party and to the local
administrator of the academic unit or regional campus.
(8)
Unless extensive
further review is required, the academic administrator at the next level of
governance shall normally provide a decision to the appellant within fifteen
days. A copy of the decision shall be sent to the other party and to the local
administrator.
(H)
Records. The records and disposition of any complaint,
including those appealed to the academic administrator at the next level of
governance, shall be maintained by the academic unit or regional campus in a
student academic complaint file for a minimum of seven years.
(I)
Exceptions. It is
recognized that, because of the nature of a complaint, or the possibility of
persons normally involved in the process being subject to a complaint
themselves, exceptions to these procedures may have to be made. In any such
case, the matter should be brought to the attention of the office of the
provost the case of complaints originating on the Kent campus, or the chief
administrative officer for regional campuses in the case of complaints
originating on a regional campus.
Replaces: 3342-4- 02.3