Academic Grievance Policy

Students of Bellarmine University who believe they have been treated unfairly with respect to academic matters or discriminated against in the classroom may pursue the grievance process in accordance with this policy. Students who are unsure whether the grievance is related to academic matters or discrimination should consult Dean of Students (or her or his designee) and the Associate Provost (or her or his designee) for guidance.

Academic matters are those concerned with instructional activities, research activities, student assessments, or decisions involving instruction or affecting academic freedom. Student grievances regarding academic matters are addressed according to the procedure outlined below. This policy is separate from the University’s grade appeal process and all formal grade appeals must follow the specific timelines articulated in the Grade Appeal Policy.

Discrimination is any distinction, preference, advantage for or detriment to an individual compared to others that is based upon an individual’s actual or perceived gender, gender identity, gender expression, race, color, age (40 or over), creed, national or ethnic origin, physical or mental disability, veteran status, pregnancy status, religion or sexual orientation that unreasonably interferes with or limits the ability to participate in or benefit from the University’s educational program. Students who believe they have been discriminated against in academic matters or classroom settings may initiate and pursue the grievance procedure in accordance with the provisions of this policy or the:

a. Bias Incident and Reporting Policy (https://www.bellarmine.edu/studentaffairs/bias-ireporting/);
b. Disability Services Grievance Policy (https://www.bellarmine.edu/studentaffairs/disabilityservices/grievance/); or.
c. University Sexual Discrimination and Misconduct Policy
(https://www.bellarmine.edu/studentaffairs/dean/SexualDiscriminationMisco...)

The terms “bias” and “bias-related” refer to language, behaviors and acts that demonstrate discrimination or hate against persons or groups because of any of the following identity categories (perceived or otherwise): ability, age, faith tradition, gender, gender identity, race, sexual orientation, or national or ethnic origin. These categories are examples and are not an exhaustive list of attributes or characteristics protected under this policy. Incidences of discrimination related to student disability should be reported to the University Director of Disability Services. Incidences of sexual misconduct or discrimination should be reported to the University Title IX Coordinator or one of the Title IX Deputy Coordinators and should not be adjudicated through the Academic Grievance Policy.

All grievances of a non-academic nature are addressed as outlined in the Student Non-Academic Grievance Policy, found in the Student Handbook. Non-academic matters are those concerned with all campus life, athletics and intramural sports, access to facilities, services, and events. All grievances of a non-academic nature are addressed through the Vice President for Student Affairs (VPSA) office, as outlined in the Student Non-Academic Grievance Policy.

If it is unclear whether a grievance is academic or non-academic, the Associate Provost or his/her designee and the Vice President for Student Affairs (VPSA) or his/her designee will determine the appropriate grievance procedure. If the grievance is related to both an academic matter and discrimination, the student should follow the steps described in Section 1.B on Discrimination in Academic Matters or the Classroom Setting Grievance.

A student may not file two separate grievances based on both academic matters and discrimination.

1. Preliminary Steps

A. Academic Grievance:
To initiate or pursue an academic grievance related to academic matters, the following steps must be observed before the third week of the semester following the term in which the alleged grievance occurred:

1. The grievant should first discuss the matter with the person or persons directly involved in an attempt to resolve the grievance through informal discussion.
2. If there is no resolution, the grievant should discuss the matter with the department chairperson to whom those directly involved report (or if the department chairperson is directly involved, with the school dean; if the school dean is directly involved, with the Associate Provost), who shall attempt to reach an informal resolution.
3. If there is no resolution through the department chairperson, the grievant should discuss the matter with the dean of the school in which the involved faculty member teaches (unless the school dean is directly involved), who shall attempt to reach an informal resolution.
4. If reconciliation has still not been achieved, the grievant shall submit to the Academic Grievance Committee, through the Associate Provost, a written statement of the grievance. The statement shall contain:

a. a brief narrative of the condition giving rise to the grievance, including a summary of any attempts at reaching an informal resolution to the matter;
b. a designation of the parties involved; and
c. a concise statement of the remedy requested.

If the grievance involves a dispute over student assessments or procedures, then the student must include with the statement a copy of the course syllabus, as well as any other support materials (e.g., graded papers, exams, or assignments) that might support the grievant’s case.

B. Discrimination in Academic Matters or the Classroom Setting Grievance:
To initiate or pursue an academic grievance related to discrimination, the following steps must be observed:

1. The grievant must complete the appropriate student concern report form.
2. The recipient of the reporting form will follow up with the grievant and contact the department chairperson and/or dean (or Associate Provost if the grievance is with the dean) of the faculty member’s primary appointment.
3. The department chairperson and/or dean will discuss the matter with the grievant and the faculty member individually and attempt to reach an informal resolution. The grievant and the faculty member may request to have an adviser (see Section 3.d in this policy) during the informal resolution process.
4. If reconciliation is not achieved, the grievant shall submit to the Academic Grievance Committee, through the Associate Provost, a written statement of the grievance. The statement shall contain:

a. a brief narrative of the condition giving rise to the grievance, including a summary of any attempts at reaching an informal resolution to the matter;
b. a designation of the parties involved; and
c. a concise statement of the remedy requested.

5. The bias incident report and/or the disability services grievance report should be submitted to the Associate Provost by the dean.

2. Formation of the Committee

a. At the beginning of each academic year, the Faculty Council shall appoint ten full-time faculty members to serve in a pool from which are drawn members of the Academic Grievance Committee and the Academic Honesty Appeal Board (see the Academic Honesty policy) as the need arises. Every effort shall be made to ensure that at least one faculty member from each school is represented within the pool.
b. At the beginning of each academic year, the Student Government Association shall appoint five undergraduate students to serve in a pool from which are drawn members of the Academic Grievance Committee and Academic Honesty Appeal Board as the need arises. Three graduate students will also be appointed by the Associate Provost in consultation with the graduate program directors and/or school deans.
c. The Academic Grievance Committee is comprised of a faculty chair, two faculty members, and two students. The Associate Provost will appoint the committee chair, who will not belong to the same department involved in the grievance and the remaining members of the committee.
d. The student members shall be from the same academic level (graduate or undergraduate) as the grievant, but none of the student members shall be enrolled in the same major as the grievant, and none may be or have been enrolled in the same section, during the same semester, of the course in which the grievance allegedly occurred.
e. Remaining faculty and students of the Academic Grievance Committee and the Academic Honesty Appeal Board may be called upon to serve as participant advisers during the hearing process.

Upon receipt of the written statement of an academic grievance and the accompanying statement of response from the faculty member named in the grievance, the Associate Provost shall:

a. Determine prior to considering the grievance whether discussions between the student, persons directly involved, department chairperson, and school dean have been exhausted in attempting to resolve the grievance informally. Such discussions must be completed prior to the third week of the semester following the term in which the alleged grievance occurred, as outlined in Section 1.
b. Notify the parties named in the statement of the receipt of a grievance naming them; send a copy of the statement to the named parties and to all Committee members; and request a written statement of response from the faculty member (respondent) named in the student’s grievance within five university working days. The respondent’s statement of response shall be received within five university working days of its request and shall contain the following:

i. a brief narrative of any attempts made between the grievant and respondent to resolve the matter informally, including the names of any mediators (department chair, dean, and/or Provost) involved; and
ii. a response to the allegations made in the student’s statement of grievance.

If the grievance involves a dispute over a grade or grading procedures, then the faculty member shall also be asked to include with his/her response a copy of the syllabus for the course named in the grievance, as well as a copy of the student’s grade record for said course.
c. Notify the grievant and respondent of their rights to challenge Committee members for cause and request early notification of challenge(s) to expedite the grievance procedures. Included in this notification will be a list of the names of Committee members. Any Committee members removed for cause shall be replaced by alternate members selected as in Section 2, and the newly formed committee shall meet again to render a decision as to whether sufficient grounds are present to warrant a hearing.

3. Committee Action

Upon receipt of the written statement of an academic grievance and the accompanying statement of response from the faculty member named in the grievance from the Associate Provost, the Committee shall:

a. Meet within ten university working days after receiving from the Associate Provost the written statements of grievance and response to review the written statements and render a decision as to whether sufficient grounds are present to warrant a hearing.
b. Notify the Associate Provost, grievant and the named parties of its decision in writing. In the event that the Committee determines that a hearing is not necessary, this decision is not appealable.
c. If a hearing will be held, notify in writing all parties involved, including any witnesses, of the date, time, and place of the hearing at least ten university working days prior to the hearing date set. The hearing date shall be within twenty (20) university working days of the decision to hold a hearing reached pursuant to paragraph 3 (d).
d. Inform the parties that the burden of proof rests with the grievant, and that each party may be accompanied to the hearing by an adviser. The adviser is a Bellarmine University faculty member, staff member, or student who may not participate in the hearing unless specifically addressed by the Committee. The adviser cannot be involved in or related to any person involved in the case. The adviser may not address the panel. The standard of proof will be the preponderance of the evidence, which means that the information presented as a whole demonstrates that the occurrence of the alleged behavior was more probable than not.
e. Request in writing from all parties involved any additional material deemed necessary for review by the Committee prior to the hearing, as well as the names of any witnesses requested to appear at the hearing. Witnesses will not be allowed both to submit a statement and appear at the hearing unless the committee so requests. These materials, plus any additional materials either party chooses to submit, must be submitted to the Committee no later than two university working days prior to the hearing.
f. All communications among the Committee, the grievant(s), and person(s) named in the statement of grievance will be confidential. Every effort will be made by Committee members to maintain confidentiality throughout the grievance process.
g. The student has the right to review official documents in his/her grievance file. Official documents consist of materials that would be considered “educational records” under the Family Educational Rights and Privacy Act of 1974.

4. Hearing Process

All hearings conducted by the Academic Grievance Committee shall be conducted confidentially in the following manner:

a. The hearing shall be closed to everyone except the hearing officials (Committee members, recorder, and chief hearing officer), the grievant(s), respondent(s), adviser[s] and witnesses during the actual time of their testimony. Private attorneys and parents may not be present at the hearing.
b. The grievant and the faculty member will be afforded the right to have access to an adviser to assure fundamental fairness in the academic grievance process. The grievant’s adviser must sign a FERPA release. The adviser for each party can be a Bellarmine University faculty member, staff member or student, and can be present at the hearing. The adviser cannot be one who is involved in the case or is related to either party. The role of the adviser is to lend emotional and personal support to the parties involved in the Academic Grievance Process. Parties must notify the Associate Provost at least twenty-four (24) hours prior to the hearing regarding the name of their adviser.
c. The hearing shall be a private, internal review process that is informal but thorough.
d. The grievant(s) and respondent(s) must be present during the information gathering portion of the hearing. Witnesses will be available and called when needed. The Committee reserves the right to allow the presence of a secretary or technical assistant. If a respondent refuses to appear at the hearing, the hearing will be held in his or her absence.
e. Any Committee member may question any of the participants at the hearing at any time during the proceedings.
f. The grievant will present his/her statements and/or witnesses to the Committee.
g. The respondent will present his/her statement and/or witnesses to the Committee.
h. The grievant and the respondent will have the opportunity to question the grievant(s) and respondent (s) and witnesses about their statements.
i. After all information is exchanged, all persons, other than the Committee members and the recording secretary, will leave the room. The grievant(s), respondent(s), and witnesses will continue to be available to the Committee should further information be requested.
j. The Committee will meet in closed session to decide upon its recommendation(s) to the Associate Provost or his/her designee. The recommendation will be based on a preponderance of evidence standard.
k. The Committee shall submit its report with recommendation(s) to the Associate Provost. If the grievance directly involves the Associate Provost, the report and recommendation(s) of the Academic Grievance Committee shall be referred to the Provost or his/her designee.
l. The student’s grievance will not be included as part of the student’s record, unless it results in a change in student status or the student voluntarily inserts the information.

5. Decision

In the event a hearing is held and an appeal taken, the Associate Provost or his/her designee shall approve or reject the Committee’s recommendation(s) within ten (10) working days after it is received, unless he or she feels that more information is necessary, in which case the Associate Provost may resubmit the case to the Committee for further findings prior to the decision. If the decision of the Associate Provost is not in accord with the Committee’s recommendation(s), he/she shall state the reasons for that decision, in writing, to all persons directly involved in the grievance and to the Committee Chairperson (or Vice-Chairperson, as appropriate). The Associate Provost shall then take appropriate action to implement his/her decision.

6. Appeal

The Provost or his/her designee, within twenty-one (21) days after the Associate Provost’s decision, may be petitioned by the grievant(s) or respondent(s) to reconsider the decision based only upon evidence clearly not available at the original hearing. Such an appeal is discretionary.

Students enrolled in specific programs authorized and offered in the state of Tennessee who have exhausted Bellarmine’s academic grievance process, may file a Complaint Review with the Tennessee Higher Education Commission (THEC). Questions regarding the complaint process can be directed to Julie Woodruff at Julie.Woodruff@tn.gov or (615) 253-8857.

Undergraduate Academic Policies

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