Section 1.         Recorded Evaluation of Student Performance.

2.1.1 The evaluation of student performance shall be based upon examinations, written papers, class participation and such other requirements as the instructor in each course may determine.

2.1.2 Information about the basis for evaluating students' performance and about the requirements that students must fulfill should be made available to students, preferably in writing, within the first two weeks of class. Students who are not in class when such information is provided are responsible for knowing it. Students are also responsible for subsequent announcements about course content and grading policies. This information should not be considered a contract; the information may be revised as the course progresses, provided students are given timely notice of such revisions.

2.1.3 The faculty of the College or a school may prescribe conditions under which individual students may be exempted from final examinations, provided that such exemption is based on grades received prior to the time of the final examination.

2.1.4 In cases where part of a class grade is based on attendance, a student shall not be penalized for absence from regularly scheduled class activities which conflict with mandated religious observances. In cases of conflicts between regularly scheduled class activities and mandated religious observances, the student is responsible for initiating discussion with the instructor to reach a mutually acceptable solution.

2.1.5 The evaluation of student performance is the responsibility and privilege of the faculty. If this responsibility is delegated to a Teaching Assistant or an Assistant Instructor, the faculty member or members in charge of the course retain the right to assign the final course grade.

Section 2.         The Grading System

2.2.1 The letters A, B, C, D, S (satisfactory), CR (credit), and + shall be used to indicate passing work.

2.2.1.1 The grade of A will be reported for achievement of outstanding quality.

2.2.1.2 The grade of B will be reported for achievement of high quality.

2.2.1.3 The grade of C will be reported for achievement of acceptable quality.

2.2.1.4 The grade of D will be reported for achievement that is minimally passing, but at less than acceptable quality.

2.2.2 The letters F, U (unsatisfactory), and NC (no credit) shall indicate that the quality of work was such that, to obtain credit, the student must repeat the regular work of the course, or that the student's work was not of passing quality at the time of disenrollment from the course.

2.2.3 The letters W and I may be given. The letter I shall indicate incomplete work, such as may be completed without re-enrollment in the course. The letter W shall indicate withdrawal for which no credit or grade point is assigned.

2.2.3.1 The letter I should not be used when a definite grade can be assigned for the work done. It shall not be given for the work of a student in any course except to indicate that some part of the work has, for good reason, not been done, while the rest has been satisfactorily completed. When an I is reported, the character and amount of work needed to remove it should be indicated on the "Explanation of Incomplete" card for the student's dean.

2.2.3.2 An I must be made up in the next semester of enrollment, except when the removal of the I involves the repetition of a portion of the classroom work, in which case it shall be removed in the first semester of residence in which the course is offered. An I not removed according to this rule shall be regarded as a grade of F, U, or NC on request of the student's dean, with the consent of the instructor, if possible, or the department chairperson if the instructor is not available, and so indicted on the permanent record.

2.2.4 The College or any school may use the letter P to represent satisfactory progress during one semester of work for which a grade will be given only upon the completion of the course or project in a subsequent semester.

2.2.5 The University fall and spring semesters each consist of seventy-five instructional days. The withdrawal period is divided into three instructional-day time segments:

Period 1: the first fifteen (15) instructional days of the semester or the first seven (7) instructional days of summer session (See 2.2.5.1 and 2.2.5.2);

Period 2: beginning with the sixteenth (16th) instructional day through the sixtieth (60th) instructional day of the semester or the eighth (8th) instructional day through the thirtieth (30th) instructional day of summer session (See 2.2.5.1 and 2.2.5.3);

Period 3: beginning with the sixty-first (61st) instructional day through the last day of classes for the semester or the thirty-first (31st) instructional day through the last day of classes for the summer session (See 2.2.5.4).

NOTE: The three time periods of instructional days for any course that has fewer instructional days than a normal semester shall be calculated on the basis of a percentage that the instructional days of the course in question represent relative to a normal semester of 75 instructional days.  For example, a course of five weeks duration with a total of 25 instructional days represents one-third the length of a normal semester. Thus, Period 1 would include the first five (5) instructional days of the course, Period 2 would begin with the 6th and continue through the 20th instructional day and Period 3 would begin with the 21st instructional day and continue through the last day of the class.

2.2.5.1   Course withdrawal policy and procedure are determined by the individual time period (see 2.2.5, 2.2.5.2, 2.2.5.3, 2.2.5.4 and 2.2.5.5). These rules apply to both undergraduate and post-baccalaureate courses, other than Law School courses, unless specifically excluded in accordance with 2.2.5.2.

2.2.5.2   Each academic dean shall submit to the Provost a list of courses such as internships and practica that are to be excepted from 2.2.5.  Upon approving the list of proposed exceptions, the Provost shall provide it to the University Registrar.

2.2.5.3    During Period 1, a student may withdraw from a course by canceling his/her enrollment in that course. The course will not appear on the student's official record.

2.2.5.4   During Period 2, a student seeking to withdraw from a course must first obtain a drop form signed by the instructor (or designee). Students enrolled in the College of Liberal Arts and Sciences or the School of Social Welfare must then notify the dean. Students enrolled in any other school must obtain a dean’s stamp from the school in which he/she is enrolled.  The instructor must mark the course either "WP" (if the student's current performance is equivalent to a letter grade of A, B, C or D) or "WF" (if current performance is equivalent to a letter grade of F).  The grade (WP or WF) will appear on the student's academic record but will not be included in computing the grade point average.

NOTE: If the student is taking the course on a Credit/No Credit basis, and the withdrawal procedure is initiated by the student, the instructor must mark the course either "WP" (if the student's current performance is equivalent to a letter grade of A, B or C) or "WF" (if the current performance is equivalent to a letter grade of D or F).  The grade (WP or WF) will appear on the student's academic record but will not be included in computing the grade point average.

2.2.5.5 During Period 3, a student cannot withdraw from a course. The course grade will be determined by the student's overall academic performance.

2.2.5.6   After a student completes a course and a letter grade has been assigned, including an "Incomplete" where appropriate, retroactive withdrawal from the class is not allowed, except in accordance with USRR 2.3.3.

2.2.5.7   The purpose of an instructor’s signature and Dean’s stamp is to certify that appropriate consultation has taken place. Neither the instructor nor the dean’s office is “approving” the withdrawal.  Similarly, neither the instructor nor the dean’s office is entitled to withhold approval of the withdrawal. It is the responsibility of the student to submit the Drop Card to the Enrollment Center by the required deadline.

2.2.6     The withdrawal of a student from the University shall be reported by the dean of the College or the school to the University Registrar for posting to the permanent record after consultation with the appropriate personnel dean. The rules in USRR 2.2.5 shall apply except in accordance with USRR 2.3.3.

2.2.7      A post-baccalaureate degree granting unit shall not be required to conform to the grading system prescribed in this section, except when it assigns a grade to a student enrolled in any other degree granting unit of the University.

2.2.8      A student may elect to be graded on a scale of CR (credit) or NC (no credit) instead of on a scale of A, B, C, D, or F as provided below. The credit/no credit enrollment option is not available to students in the Graduate School.

2.2.8.1 Students seeking the credit/no credit option in a semester-long course must register their choice in their dean's office during the 21st through the 30th instructional days of the semester. Retroactive application of the Credit/No Credit option after this deadline is not allowed.  In all eight-week courses, including summer session, students must choose credit/no credit during the 11th through the 15th instructional day of class.  In courses of other duration, students must choose credit/no credit during the week that 40 percent of the class sessions have been completed.  In courses shorter than one week, students must choose credit/no credit before the first class session.

2.2.8.2 The student shall not take this option in his or her declared major and shall have the choice of only one option per semester. At the close of the option period, the student cannot alter his or her option.

2.2.8.3 The grade of CR (credit) will be received for grades of A, B, and C. The grade of NC (no credit) will be received for grades D and F.

2.2.8.4 The instructor will not be informed when a student has chosen this option, and will assign a conventional letter grade, which will then be converted by the University Registrar to CR or NC as appropriate.

2.2.8.5 Courses graded CR or NC will not count in computing grade point average. Courses graded CR will be included in the total hours counted toward graduation; courses graded NC will not count as hours earned.

2.2.9     Grade Replacement Policy in Repeat Courses.

If a student takes a course at KU, receives a D or F in the course, enrolls in and repeats the course at KU, the new grade may be used in place of the original grade for purpose of GPA calculation, subject to the limitations herein.

1. The course must be numbered 000-299.
2. The grade of D or F can not be the result of an academic misconduct determination.
3. The grade recalculation will happen by default.
4. The original grade will remain on the transcript, although it will not be used to calculate the GPA.
5. Students may have a grade replaced no more than five times, meaning a student may retake five courses, or a course five times, or any combination thereof.  Multiple retakes of a course are discouraged, but not explicitly prohibited. The time and date of registration of the second (repeat) enrollment will be used to determine the limit of five repeat courses for grade replacement.

            [This section was last updated on 10/15/07; most recent changes are shown in bold font]

2.2.10   The Office of the Provost shall promulgate administrative rules to aid in the implementation and management of the course repetition policy set forth in 2.2.9.

2.2.11     When it would not be appropriate to grade a course according to the grading system established above, the College or school may authorize the use of grades S and U in designated courses.  A course to be graded S or U shall be identified prior to the beginning of the course by publication in the Official Timetable of Classes.  Approval to offer a course with the S and U grading system precludes the use of grades A, B, C, D, or F.  The grade of S shall indicate the student did satisfactory work and these hours will count toward graduation.  The U grade shall indicate the student's work was unsatisfactory and these hours will not count toward graduation.  Grades of S and U will not count in computing the grade point average.

2.2.12   The dean of the College or a school may request permission of the University Senate to use a grading system other than herein provided for a specified trial period.

 2.2.13   The grade of + shall indicate that credit was awarded on the basis of an examination or other appropriate experience or training, rather than as a result of the student completing the regular work of the course.

Section 3. Change of Grade

2.3.1      Unless the provisions of 2.3.2 obtain, no change in a grade shall be made after it is filed with the University  Registrar except upon the written request of the faculty member in charge of the course. The Registrar shall notify the chairperson of the department in which the course is given, with a copy to the originating faculty member.   Such a change may be made only if (1) the original grade resulted from an error, or (2) the original letter was I or P. In either case this change of letter shall not include the change to a WP OR WF. For purposes of this provision, a written request includes an electronic request through online processes developed by the Registrar.
             [This section was last updated on 10/15/07; most recent changes are shown in bold font]

2.3.2      In the following exceptional cases a committee of at least three faculty members appointed by the chairperson of the department in which the course is given may review a student's work and assign the course grade:

2.3.2.1 When a faculty member who has been charged with and found guilty of sexual harassment or academic misconduct has assigned a grade to the student who has pressed charges.

2.3.2.2 When a clerical error is suspected in a course grade assigned by a faculty member who has become seriously ill and incapacitated or has died or whom the chairperson of the department in which the course is given cannot locate with due diligence.

2.3.2.3 When a student is found guilty of academic misconduct after the course grade has been assigned by a faculty member who has become seriously ill and incapacitated or has died or whom the chairperson of the department in which the course is given cannot locate with due diligence.

2.3.2.4 When there is procedural irregularity in the assignment of the course grade. However, in such a case, the grade shall be assigned in accordance with section 2.3.5.3 of the University Senate Rules and Regulations.

a) withdraw from all the courses in which he/she was enrolled. In this case a properly constituted committee from the school or College in which he/she was enrolled may assign the letter W in all courses of that semester. The faculty members (s) in charge of the course(s) need not be consulted. Or

b) if the student is asking for selective relief in a course in which he/she was enrolled, a properly constituted committee from the school or College in which the course was taken may assign, after consultation/concurrence with the faculty member in charge of the course, the letter I, incomplete, or W, withdrawal. If the incomplete is assigned, it is to be completed in the next semester in which the student is enrolled at the University in accordance with University Senate Rule 2.2.3.2. The work necessary to complete the course and remove the incomplete is to be determined by the faculty member in charge of the course. If the faculty member in charge of the course is unavailable or otherwise unable to provide a regime of work to complete the course, the department will take responsibility to determine the required work.

Each course is to be considered separately but the same committee may consider more than one course at the discretion of the dean of the school responsible for the course.

2.3.4.     To insure uniform implementation of these procedures a) each school and the College will develop a written policy for the guidance of the committee and b) each school or College will adopt a uniform policy as to whether concurrence or only consultation is required. The policies are to be made available to faculty and student.

2.3.5      A student may initiate a grade appeal of a final course grade if he or she believes that there has been an improper application of the grading procedure announced for the course by the instructor.

2.3.5.1 Each academic unit within the University shall provide its members access to an exclusive procedure for appeal of a final course grade, which shall be the sole procedure available to such members at the unit level.

2.3.5.2 Such an appeal shall be made in accord with the procedures established by the unit under Article V, section 2 of the University Senate Rules and Regulations. To the extent that a grade appeal involves charges of improper application of grading procedures, the dispute shall be resolved under the applicable procedures for disputes involving improper application of grading procedure, and appeal to the Judicial Board shall be available in accordance with those procedures. To the extent that a grade appeal involves charges of academic misconduct, the dispute shall be resolved under the applicable procedures for disputes involving academic misconduct, and appeal to the Judicial Board shall be available in accordance with those procedures.

2.3.5.3 If the Judicial Board sustains the student's appeal, the grade shall be assigned in accordance with Section 2.3.2 of the University Senate Rules and Regulations.

Section 4.         Grade Points and Grade Point Averages

2.4.1      Grade points are numerical weights assigned to completed hours of academic work, according to the following schedule of values:

For each hour of grade A.....4 grade points
For each hour of grade B.....3 grade points
For each hour of grade C.....2 grade points
For each hour of grade D.....1 grade point
For each hour of grade F.....0 grade points

Individual schools or the College may adopt the use of plus or minus to describe intermediate levels of performance between a maximum of A and a minimum of F. Intermediate grades represented by plus or minus shall be calculated as .3 units above or below the corresponding letter grade.

No grade points are assigned for work graded P, I, W, S, or CR.

2.4.2 A grade point average is the quotient obtained by dividing the number of grade points earned by the number of hours attempted (i.e., those for which grades of A, B, C, D, or F are recorded).

2.4.2.1 In computing grade point averages all hours attempted (i.e., grade A, B, C, D, or F) shall be included, except for cases in which a student chooses to repeat a class that resulted in a D or F and followed the procedure in 2.2.9.1. In this instance, the second grade earned shall be included, replacing the original grade earned, for up to five (5) courses.

2.4.2.2 A grade point average may be computed for the entire record of a student or for any segment thereof.

2.4.2.3 The grade point average of a group of students is the quotient obtained by dividing the sum of the grade points earned by the group by the sum of the hours attempted by the group (i.e., those for which grades of A, B, C, D, or F are recorded).

2.4.2.4 In the computation of grade point averages, the number of grade points earned in a course shall be defined in terms of the grade point system (See 2.4.1) in use in the College or school in which the course is given.

Section 5.         Retention, Probation, Dismissal and Reinstatement

Section 6.         Academic Misconduct

2.6.2 After consultation with the department chairperson, an instructor may, with due notice to the student, treat as unsatisfactory (1)any student work that is a product of academic misconduct, or (2) a student's performance for a course when there are severe or repeated instances of academic misconduct as defined in Section 2.6.1. If an instructor deems other sanctions for academic misconduct by a student to be advisable, or if a student wishes to protest a grade based upon work judged by an instructor to be a product of academic misconduct, or if a faculty member is charged with academic misconduct in connection with the assignment of a grade or otherwise, the case shall be reported to the Dean of the College or School in which the course is offered and processed in accord with applicable procedures.

2.6.3 If either party to a charge of academic misconduct or to a grade appeal involving a charge of academic misconduct is dissatisfied with the unit level resolution of the charge, he or she may seek review by the Judicial Board in accordance with applicable procedures.

2.6.4 Every instructor shall make clear, at the beginning of each course, his or her rules for the preparation of classroom assignments, collateral reading, notebooks, or other outside work, in order that his or her students may not, through ignorance, subject themselves to the charge of academic misconduct. An instructor has the authority to set reasonable rules for classroom conduct. When an instructor judges that a student's behavior is disruptive or obstructive to learning, the instructor can request that the student leave the classroom. Refusal to comply with a request to leave a classroom can itself be grounds for a charge of academic misconduct.

2.6.5 The following sanctions may be imposed upon a student or an instructor for academic misconduct:

(1) Admonition: An oral statement that his or her present actions constitute academic misconduct.

(2) Warning: An oral or written statement that continuation or repetition, within a stated period, of actions that constitute academic misconduct may be the cause for a more severe disciplinary sanction.

(3) Censure: A written reprimand for actions that constitute academic misconduct. Censure may include a written warning.

Other sanctions that may be imposed upon a student for academic misconduct are:

(4) Reduction of Grade for specific work: Treating as unsatisfactory any work that is a product of academic misconduct. Reduction of grade may include the assignment of an F for that specific work.

(5) Reduction of grade for the Course:
Reduction of grade may include the assignment of an F in the course.

(6) Exclusion from Activities: Exclusion from participation in specified privileged or extracurricular activities for a period not exceeding one school year.

(7) Transcript Citation for Academic Misconduct:  The student’s transcript will state that the student has been cited for academic misconduct.  This sanction will include a determination of the final grade in the course.  This grade may be an “F.”  The statement will be permanent unless the student applies to the University Provost for removal of the statement and the application is granted.

(8) Suspension from a specific course: An instructor may suspend a student from the instructor's section of a course for academic misconduct. In cases involving physical violence or disruptive behavior, the suspension should occur immediately. In cases where a physical threat is made, the suspension should be reported to the KU Police Department. During suspension, a student is not permitted to withdraw, pending decision by the hearing committee. A suspended student may complete work for the course only if reinstated. Conditions for re-instatement to the course shall be stated by the instructor at the time of the suspension. These initial conditions are subject to review by the hearing committee. When suspending a student, the instructor shall, before the next meeting of the course, inform the chairperson of the department in which this course is offered. The department chairperson shall notify the student in person or by certified mail (postmarked on or before the day of the next class meeting) of the opportunity to be heard on the suspension. The department chairperson shall also inform the Vice Provost for Student Success and other appropriate offices according to guidelines of the academic unit involved. If the student requests a hearing, the appropriate procedures (See Section 2.6.2) of the School or College, or at the department level where feasible, shall be initiated within five working days. The suspension will remain in effect pending review. Because this sanction places an immediate burden upon the suspended student, the department is obligated to act promptly. Options in such review include: reassignment of the student to another section of the course; reinstatement of the student into the course; upholding the suspension. In case of suspension through the end of the semester, a grade will be assigned by the instructor, subject to review by the hearing committee.

(9) Suspension: Immediate exclusion from all courses and other specified privileges or activities for a definite period not to exceed two years, subject to review by the hearing committee. The student's transcript will state that the student is suspended for academic misconduct. The statement will be permanent unless the student applies to the University Provost for removal of the statement and the application is granted.

(10) Expulsion: Termination of student status for an indefinite period. The conditions of readmission, if any, shall be stated in the order of expulsion. The student's transcript will state that the student is expelled for academic misconduct. The statement will be permanent unless the student applies to the University Provost for removal of the statement and the application is granted.

Other sanctions that may be imposed upon an instructor for academic misconduct are:

Recommendation of Suspension: Recommendation to the Chancellor that an instructor be excluded from teaching and other specified privileges or activities for a definite period not to exceed two years.

Recommendation of Dismissal: Recommendation to the Chancellor that an instructor be dismissed from the University staff for an indefinite period.

More than one sanction may be imposed upon a student or an instructor for the same offense or offenses.

2.6.6 All sanctions of Reduction of Grade for Specific Work, Reduction of Grade for the Course, Exclusion from Activities, Transcript Citation for Academic Misconduct, Suspension from a Specific Course, Suspension, and Expulsion that are applied by the College and the Schools or their designated departments will be communicated to the Office of the Provost.

2.6.7 Students who receive a D or F in a course due to a finding of academic misconduct by a unit, school, or Judicial Board hearing body may repeat the course but are not eligible for the grade-replacement provisions of USRR 2.2.9 .

[This section was last updated on 10/15/07; most recent changes are shown in bold font]

Section 7.         Enrollment

2.7.1 No student may enroll for more than twenty hours per semester except by permission of the dean of the College or the school in which the student is enrolled. The College and the schools may adopt more restrictive policies.

Section 8.         Academic Forgiveness

2.8.1 An undergraduate student may request the Office of the University Registrar, with the approval of the Dean, to invoke academic forgiveness in cases where the following conditions are met. (The term "academic forgiveness" shall mean the suspension of University Senate Rules and Regulations, Article 2.4.2.1, in order to discount the coursework of past academic semester(s).)

2.8.2 Academic forgiveness shall be available once to those students who meet these requirements.

1.  Have had a break of at least four (4) years in their attendance at the University of Kansas. A student will be considered in "attendance" during a semester or term if the student is enrolled in a least one KU course, earning a grade of A-F, S, U, CR, or NC. Enrollment in correspondence courses does not constitute "attendance" at the University of Kansas.
2.Had earned an overall University of Kansas G.P.A. of less than 2.0 prior to leaving K.U.
3.At the time of petition, have earned a G.P.A. of at least 2.5 in at least 12 credit hours earned after returning to K.U. All grades earned at K.U. since returning will be used to make this G.P.A. calculation.

2.8.3 When invoking academic forgiveness, a student may designate not more than three (3) academic terms to be discounted in his/her academic record. Only terms completed prior to returning to the University of Kansas may be designated.

2.8.4 Academic terms discounted for a student using the academic forgiveness policy shall not be computed into the student's current G.P.A., nor shall any hour completed or degree requirements satisfied in these discounted terms be counted toward a degree granted from the University of Kansas.

2.8.5 When invoking academic forgiveness, a student must obtain the approval of the Dean in his/her academic unit. The student then submits the request for academic forgiveness to the University Registrar, who will return a confirmation to the Dean's Office.

Section 9.  Exceptions to University Wide Academic Policies
2.9    Under exceptional circumstances, a student or individual or, if a physical or mental incapacity prevents the student from filing his or her own appeal, another individual may petition for an exception to a University-wide academic policy.  The petitioner must first contact the chair of the department or program involved.  If the department Chair believes there may be exceptional circumstances, the petition shall be forwarded with a recommendation to the Dean of the College or School.  If the Dean (or his/her designee) believes there may be exceptional circumstances, the petition shall be forwarded with a recommendation to the chair of the Faculty Senate Executive committee (FacEx).  For purposes of this provision, lack of knowledge of the appropriate policy is not an exceptional circumstance.  The decision of FacEx in regard to the petition request is final.  
[This section was last updated on 10/15/07; most recent changes are shown in bold font]

University Senate Rules and Regulations
Article III
Last Revised October 2007

ARTICLE III. GRADUATION AND DEGREES

Section 1.         Requirements for Graduation with the Bachelor's Degree

3.1.2 No baccalaureate degree shall be granted to a student who has not completed at least 30 semester hours of residence courses at the University of Kansas (as defined in Article IV of the Rules and Regulations of the Faculty Senate) except as provided in Section 3.1.3.

3.1.3 The faculty of the College or an undergraduate school may adopt regulations which permit a student to complete his or her undergraduate study at another institution of higher learning, provided he or she (a) has completed at least three-fourths of the course work required for the degree, and (b) has earned a grade point average of at least 2.5.

3.1.4 It shall be the responsibility of the Senior Vice Provost for Academic Affairs to enforce the University requirements for graduation listed in Sections 3.1.1 and 3.1.2 by removing the names of those students who do not meet these requirements from graduation lists submitted by the College and the several schools of the University. In extraordinary circumstances, the Committee on Academic Policies and Procedures of the Faculty Executive Committee may grant exceptions to these requirements.

Section 2.         Granting of Degrees

3.2.1 Degrees shall be granted by the authority of the Board of Regents upon the recommendation of the faculties of the College and the several schools.

Section 3.         Graduation with Scholastic Honors

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University Senate Rules and Regulations
Article IV
Last Revised October 2007

ARTICLE IV.      PUBLICATIONS

Section 1.         Publication responsibility

4.1.1 Any publication funded through or produced by a University agency is the responsibility of the editor of the publication. Such editor bears full civil and criminal responsibility for the form and content of the publication. Each such publication must identify the responsible editor.

In this regulation, the term "editor" means the person, board, or other agency that determines the form and content of the publication.

University Senate Rules and Regulations
Article V
Last Revised October 2007

ARTICLE V.       ORGANIZATION FOR CONFLICT RESOLUTION

Section l.          University Ombudsman

Section 2.         Unit Level Grievance Procedures

5.2.1.1 Larger Organizational Units. The following organizational units shall be required to establish and maintain grievance procedures for utilization by directly subordinate units:

(a)        The Office of the Chancellor
(b)        The Office of the Provost and Executive Vice Chancellor
(c)        The Office of the Vice Chancellor and Dean of the Edwards Campus
(d)        The offices of the Vice Provost for Student Success, Research, and Information Services
(e)        The several schools and the College of Liberal Arts and Sciences

5.2.1.2 Subordinate Units. Subordinate units may choose to establish, create, adopt or maintain their own grievance procedures or they may elect to have grievance procedures implemented by the larger organizational entity within which the unit is contained.

5.2.1.3 Review and Approval. Any organizational unit that has developed a grievance procedure shall submit it to the General Counsel of the University. Unless the General Counsel determines that the procedure as submitted is in conflict with existing law, rules of the Board of Regents, or rules or regulations of the University, it shall become effective thirty calendar days after such submission.

5.2.1.4 Election of Larger Unit Procedure. Any unit which has elected to place itself under the grievance procedure of the respective larger entity shall report this election in writing to the Judicial Board Chair, with information copies to the General Counsel of the University, the Equal Opportunity Office, and the University Ombudsman. 

(a) a time limit, not to exceed thirty calendar days from the written submission of a complaint to its hearing, with provisions for extensions for good cause;
(b) the opportunity for each side to submit supporting materials and introduce supporting witnesses;
(c) the opportunity for each side to be informed of material supporting the action or position of the other side;
(d) the exclusion of any party involved in the complaint from the rendering of any decision;
(e) the creation of a record of the proceeding, including audio tape recording of the hearing and a written decision of the hearing body.

5.2.4 Change and Amendments. Any change of or amendment to a grievance procedure shall be subject to review and approval as provided in 5.2.1.3, above, and updated copies disseminated as provided in 5.2.3, above.

Section 3.         The Judicial Board

5.3.2 Effective Date of Membership. The terms of service on the Judicial Board shall commence on the l6th day of August, except that in the filling of a vacancy the appointment shall become effective on the day on which the appointee's acceptance is made known to the Judicial Board Chair.

5.3.3 Hearing Panels. All members of the Judicial Board shall be available for service on hearing panels, except that any member who has participated in grievance procedures on the same case or who in any other manner has been involved in the case shall not be asked to serve. Members of a hearing panel, five in number, shall be designated by the Judicial Board Chair as follows:

(a) The Hearing Panel shall be chaired by a law member.
(b) At least one member shall belong to the same appointment group (Article XIII, Section 6 (a)(ii) to (vi) of the Senate Code) as the claimant or complainant, and one to the same group to which the respondent belongs.
(c) If possible, at least one member should be of the same race as the complainant.
(d) If possible, at least one member should be of the same sex as the complainant.

To ascertain the prior involvement of selected individuals, the Judicial Board Chair shall advise these five members of the Board by confidential communication of the nature of complaint, including the names of the parties involved, and call for members who have had any prior connection with the case to inform him or her of that fact without delay. In the case of the prior involvement of a selected Board member, a replacement shall be similarly chosen.

5.3.4 Appeals Panel. Appeals panels shall consist of at least one law member who did not serve on the hearing panel, if any, in the particular case. This law member shall chair the appeals panel. The Judicial Board Chair and the chair of the appeals panel shall designate two additional members of the Judicial Board who did not participate in the procedures in the same case at any other level.

Section 4.         The Court of Parking Appeals.

5.4.2 Administrator. The Chief Justice shall be the administrative officer of the Court of Parking Appeals. He or she may call upon the associate Chief Justice to assist with the administrative tasks of the Court.

5.4.3 Court members shall be selected to participate in Court proceedings in accordance with selection procedures established by the Court. The Chief Justice shall designate one member of each panel to chair that panel.

5.4.3.1 Challenges. Parties to a Court proceeding may challenge a member of the Court for grounds constituting prejudice or bias on the part of the member, which challenge shall be sustained only by the concurrence of a majority of the Court. A member may disqualify himself or herself for cause from participating in a particular proceeding, subject to concurrence in his or her disqualification by a majority of the Court.

University Senate Rules and Regulations
Article VI
Last Revised October 2007

ARTICLE VI.      PROCEDURES FOR CONFLICT RESOLUTION

Section 1.         General Provisions

6.1.3 Prohibition of Retaliation. No person shall be subjected to discharge, suspension, discipline, harassment, or any form of discrimination for having utilized or having assisted others in the utilization of grievance procedures. Provided, however, that sanctions for a pattern of frivolous and abusive grievances may be imposed under U.S.R.R. 6.5.4.

6.1.4 Absolute Judicial Immunity. Absolute judicial immunity shall exist for all members of unit level hearing bodies, mediators selected pursuant to U.S.R.R. 6.2.3.3, the University Ombudsman, the Judicial Board and any of its panels, the Faculty RIghts Board , the Senate Executive Committee, and the Faculty Executive Committee with respect to their services as members of those units in any case, controversy, original proceeding, appeal, or any other matter in which they have served in a judicial, quasi-judicial, or other conflict-resolving role, including mediation, involving any matter over which the unit has jurisdiction.

6.1.5 Computation of Time. Unless otherwise expressly provided, in applying the time limitations set forth in this Article, the computation of elapsed time shall be in accordance with calendar days, including Saturdays, Sundays, and days on which, in accordance with University Calendar, classes do not meet. Because parties, members of decision making bodies, and other individuals relevant to a particular dispute may not be available during the Summer months, the Judicial Board and other tribunals shall accept complaints from May 15 to August 15, but need not take action on them during that period. This provision does not prevent the Judicial Board or other tribunals from scheduling a hearing or taking other action during the summer months if the Board or other tribunal determines that such action is appropriate and consistent with the rights of the parties.

6.1.6 Contrary Law. The provisions of these procedures shall be superseded by any contrary provision of state or federal law.

Section 2.         Informal Means of Dispute Resolution

6.2.1 Generally. The collegial atmosphere of the University community is best served through informal compromise resolution of disputes. Thus, before pursuing formal grievance procedures, a grievant should ordinarily attempt to resolve the matter informally through direct or indirect consultation with the other party or through discussions with supervisory personnel.

6.2.2 Ombudsman. The Ombudsman shall be available (a) to receive and attempt to resolve individual grievances of members of the University community; and (b) to recommend procedural changes within the University in response to experience acquired in investigating individual cases.

6.2.2.1 Powers. The Ombudsman shall have access to all administrative officials of the University and, in accordance with law, to all University records, including those of faculty members. He or she shall not have authority to take disciplinary action, reverse decisions, or circumvent existing University rules and procedures. He or she shall supplement, not replace, other means, where they exist, for redress of grievances. All proceedings in individual cases shall be held confidential by the Ombudsman unless otherwise authorized by the complainant.

6.2.2.2 Reports. The Ombudsman shall at least annually make reports to the University community at large.

6.2.3 Mediation.

6.2.3.1 Generally. Informal mediation shall be available to resolve disputes within the University community. Unless either party to a dispute waives mediation, mediation shall occur prior to a hearing on the dispute. Mediation must occur, however, in cases under FSRR 6.4.5 involving inadequate consideration of established criteria. (Handbook for Faculty and Unclassified Staff, C.2.f.1, item 1C)

6.2.3.2 List of Mediators. A list of individuals willing to serve as mediators and with training and/or experience in dispute resolution shall be maintained by the Ombudsman and the Judicial Board Chair, in consultation with others throughout the university community.

6.2.3.3 Selection of a Mediator. A mediator shall be selected by the parties from the list of mediators maintained by the Ombudsman and the Judicial Board Chair, or the parties may agree on another individual to serve as mediator. If the parties cannot agree on a mediator, they may request that the Ombudsman and/or the Judicial Board Chair select a mediator.

6.2.3.4 Mediation Procedures. The procedures to follow in mediation shall be determined by the mediator in consultation with the parties.

6.2.3.5 Suspension of Time Limits. The running of any time limits in the procedures for dispute resolution, Article VI of the University Senate Rules and Regulations, shall be suspended during the mediation process; that is, the time from the initiation of the mediation process until it is terminated by the mediator or either party shall not count against any time limit contained in those procedures.

Section 3.        Complaint and Response

6.3.1 Complaint. Dispute resolution procedures shall be initiated through the submission of a written complaint to the hearing body with jurisdiction of the matter pursuant to section 6.4 of the University Senate Rules and Regulations.

6.3.1.1 Contents. The complaint shall contain a statement of the facts underlying the complaint and specify the provision(s) of the Faculty Code of Conduct, University Senate Code, The University Senate Rules and Regulations, the Code of Student Rights and Responsibilities, or other applicable rule, regulation, or law allegedly violated. The complaint shall also indicate the witnesses or other evidence relied on by the complaining party, and copies of any documents relevant to the complaint shall be attached to the complaint.

6.3.1.2 Copies to Respondents. The complaining party shall provide a copy of the complaint, with accompanying documents, to the respondent(s); i.e., the party or parties charged in the complaint The chair of the hearing body shall, upon receipt of a complaint, contact the respondent(s) to verify that a copy has been provided in accordance with this provision.

6.3.1.3  Time Limit on Complaints. Unless otherwise provided by law with respect to a specific category of complaint, no complaint shall be entertained in the hearing phase if more than six months have elapsed between the action or event complained of and the filing of the complaint. The period from May 15 to August 15 shall be counted for purposes of determining whether a complaint has been filed within the six-month limit. In exceptional circumstances, a majority of the relevant hearing body, upon written request of the complainant, may grant an extension to this time limitation. However, the six-month time limit shall not apply to complaints brought by the Chancellor to the Faculty Senate Faculty Rights Board.

6.3.2 Response. A respondent shall submit a written response to the hearing body within two weeks of receiving the complaint, except that responses to complaints filed before the Faculty Rights Board shall be filed in accordance with the time frames set forth in C.2.f of the Handbook for Faculty and Other Unclassified Staff.