Student
Administrative Appeal Policy
Introduction:
Any UMaine student may appeal an action or
decision made by a University administrator. The procedure
outlined below is intended to assure a fair and equal
adjudication of student grievances.
NOTE: The Administrative Appeal Policy cannot be
used for appeals which are covered under other policies and
procedures, such as appeals of parking tickets, student conduct
cases, or faculty actions/decisions, i.e., grading policy or
attendance policy. Also, student employees in Residence Life
and Programs should follow the appeal process outlined in the
Residence Life and Programs’ Staff Guide.
Students should take the following steps to
appeal an administrative action.
Process:
Students must initiate an appeal of an
administrative action within ten working days of notification of
the action. An extension to make an appeal may be granted of up
to ten additional working days with a written request to the
Dean of Students.
An appeal is made directly in writing to the
administrator or staff person involved. If the appeal is not
resolved to the student's satisfaction, the student may continue
the process by appealing in writing in the following order:
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to the department supervisor (within five
days),
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to the department head or division director
(within five
days), and
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to the vice
president of the area involved (within five days).
The student must receive a written response to
the appeal within five working days of the date of receipt of
the appeal at each level.
Appeal
Board:
A student who continues to feel a grievance has
not been satisfactorily resolved may ask to be heard by the
Student Administrative Appeals Board. Within five working days
from the date of the denial by the vice president involved the
student must request in writing that the Dean of Students convene the Appeals Board. If the
Dean is involved in the grievance, then the
student should request in writing that the
Executive Assistant to the President convene the Board. This
Board will meet to hear the appeal and render its recommendation
to the President within five working days of the date of the
hearing.
The Board shall consist of seven members; five
members shall constitute a quorum:
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two students appointed by the Student
Government for a one-year term;
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one student
appointed by the Association of Graduate Students for a
one-year term;
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two student services professionals appointed by
Professional Employees Advisory Council (PEAC) for a
three-year term;
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one non-student services professional appointed
by PEAC for a three-year term; and
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one teaching faculty member appointed by the
Faculty Senate for a three-year term.
The President,
upon recommendation of the Dean of Students or
the Executive Assistant to the President, will name the chair
from the members selected above who will preside over the
hearing unless removed for cause (See below.). In such case the
President will appoint another member of the hearing Board as
chair.
Procedure:
The following guidelines shall govern the
workings of the Student Administrative Appeal Board, except
where the Board chairperson determines otherwise for cause:
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the time and place of the hearing.
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the names of Board members. Both parties have the right to
challenge for cause any member of the Board by submitting a
written memorandum to the Board chair stating the grounds
for this challenge at least two days prior to the scheduled
meeting. Removal of a member for cause shall be within the
authority and at the discretion of the Chair of the Board or
by a majority of the Board if the Chair is unable to
exercise that function or is challenged for cause. If
removing a member for cause from a specific hearing results
in a lack of quorum, the Dean of Students
(or in his/her absence the Executive Assistant to the
President) will appoint a replacement to hear that specific
case.
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each party’s right to call witnesses, to bring an advisor to the
hearing, and to present documents or other information. No
party shall be accompanied by legal counsel, except when the
grievant also faces criminal charges for the same incident.
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the order each party will follow to present his/her interest.
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The grievant presents the appeal:
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The Board may ask questions of the grievant.
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The administrator presents the background for the decision.
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The Board may ask questions of the administrator.
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Both parties are dismissed.
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The Board discusses the circumstances of the appeal and decides
on a recommendation. A majority vote by the committee
members present shall prevail.
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The Chair submits a written recommendation to the President
within five working days of the hearing of the appeal. In
its recommendation to the President, the Board shall specify
the basis for its recommendation, including which one or
more of the specified grounds (below) were found to be
sufficiently credible and compelling if its recommendation
is to overturn any part of the administrator(s)’ decision(s).
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demonstrated bias on the part of the decision maker(s); or,
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new and significant information not reasonably available to the
decision maker(s); or,
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substantial and material departure from printed procedures; or,
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judgments shown to be arbitrary or capricious; or,
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a remedy or sanction not in due proportion to the nature and
seriousness of the situation or offense.
Other than for these reasons, the Board may not substitute its
judgment on the substance of the decision for that of the
original decision maker.
Final
Decision:
The final decision on any student administrative
appeal rests with the President or the President’s designee and
shall be made after receipt of a recommendation from the Student
Administrative Appeals Board. The President's decision shall be
presented to the student within five working days of
receiving the Board's recommendation. The President, if he or
she accepts the recommendation, shall also forward the Board's
statement of the grounds for its recommendation to the President
to all those who have rendered decisions on the matter at all
previous levels.
NOTE: The Dean of Students shall be
responsible for widespread distribution of and publicity for
this policy and for periodic review of this policy and
procedures.
Last Revised/Approved:
06/01/2007
Information Contact:
Student Affairs
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