Student Conduct & Appeals

Student Appeals in Academic Matters (pdf)

Student Appeals in Academic Matters

I.  SCOPE OF PROCEDURES

These procedures apply to the following decisions that affect the academic standing of a student:

1. those involving an academic judgment on written work (including work submitted electronically) such as an examination paper, assignment, essay or laboratory report, and unwritten course work and activities such as performance in a verbal or artistic presentation, clinical or professional service activity or practicum;
2. those pertaining to academic assessment to the extent that it has been affected by other than substantive academic judgment; and
3. those dealing with the provision of a deferred examination, special examination or other extraordinary method of assessment.

In these procedures, the terms "department" and "college" refer to the administrative unit of the University which offers the course or other academic activity to which a grievance relates, and the terms "department head" and "dean" refer to the department head and dean of such unit. The term "instructor" refers to the person who was responsible for the assessment of student work or performance because she or he prepared and graded or arranged for the grading of written work or who otherwise provided the assessment of the work or performance to which the following procedures apply.

II.  SUBSTANTIVE ACADEMIC JUDGMENT OF STUDENT WORK OR PERFORMANCE

A student who is dissatisfied with the assessment of her or his work or performance in any aspect of course work, including a midterm or final examination, shall follow the procedures set out below.

The University recognises that alternative forms of evaluation to meet specific circumstances may be used by instructors (e.g., oral examinations for students physically unable to write) to evaluate work that would ordinarily be submitted in written format. The following procedures shall apply (as much as possible) to such alternative forms of evaluation.

Students should be informed of the opportunity to receive assistance with appeals. Various offices within Student Affairs and Services including the Aboriginal Student Centre, Disability Services for Students, the International Student Office and the Office of the Associate Vice-President, as well as representatives from the University of Saskatchewan Students' Union and the Graduate Students' Association are available to assist with appeals.

1. Consultation With the Instructor
   1. A student shall be permitted to see her or his examinations or other work, or a copy of it, immediately after the assessment of it has been recorded and released to the student. A copy of an examination paper or other written work which has not been returned to the student will be made available to the student upon request. A photocopy fee may be charged. A department or college is not required to provide a copy where a special form of examination is used. In such cases, students in the course should be informed at the beginning of a course that copies of examinations or other forms of assessment are not available.
   2. A student who has a concern with the evaluation of her or his work or performance shall consult with the instructor as soon as possible, but, in any event, not later than 30 days after the instructor makes the grades available to the students in the class. Application for such consultation shall be made on FORM A. The application shall be delivered to the department head or the dean in a non-departmentalized college.

       A College may specify different time limits than those prescribed above, and may, at its discretion, waive compliance with the time limits.

      If consultation with the instructor is not possible, the student may complete FORM A to request review of an assessment. After receipt of FORM A, the department head or the dean in a non-departmentalized college shall appoint a member of faculty to perform the duties of the instructor as set out in the following procedures.

   3. During consultation with a student about an assessment, the instructor shall first confirm that all work was included, that all material was marked, that no marks were left out and that additions and grade calculations were correctly made. Any errors discovered during this review should result in an appropriate change in the grade awarded the work or performance and in the instructor’s records for the course. If the consultation relates to a final grade in a course, the mark or grade in the course may be changed.
   4. If the student is not satisfied with the academic judgment rendered with respect to the student’s work or performance, he or she may request reconsideration of the assessment of it. The instructor may decide to evaluate the work or performance or request that the student apply for a re-reading of it as set out in these procedures.
   5. The findings of any consultation or re-evaluation shall be reported to the department head or to the dean of a non-departmentalized college using FORM A. A copy of the completed form shall be given to the student within 10 days of its delivery to the department head or dean.
   6. A student who is not satisfied with the results of the consultation with the instructor may apply to have her or his written work re-read. 
2. Re-reading Written Work

   A re-reading involves a re-evaluation of the written work in the context of the expectations for that work. The re-reader should have access to a description of the instructor’s expectations for the work, and, where feasible, to copies of written work submitted by other students in the course. Where possible, the re-reader should assess the work without knowledge of the mark given by the instructor.

   1. To initiate a re-reading of written work, the student shall submit a completed FORM B to the department head or dean in a non-departmentalized college. The request must be made within 15 working days of the delivery of FORM A as provided in II 1(e). A fee specified by the Registrar shall be tendered with the request. The fee will be refunded if the student’s final grade is increased at least 5 percentage points as a result of the re-reading.

      The request shall state briefly the student’s concern with the assessment of the work.

   2. The department head or dean in a non-departmentalized college shall arrange for a re-reading of the written work by someone, other than the instructor, who the department head or dean decides is qualified to do so. The re-reading may be done by the original examiner when no such person is available.

      Where possible, the marking or grading structure used by the instructor shall be used by the re-reader. The mark or grade given by the re-reader may be higher or lower than the mark given by the instructor. The result of the re-read shall be recorded on FORM B.

   3. The original mark or grade shall not be changed until after the instructor has been consulted by the department head or dean. This requirement may be waived by the department head or dean when consultation is not practicable. A third reader may be appointed to resolve any disagreement between the instructor and the re-reader as to the mark or grade to be allocated to the work. Otherwise, the department head, dean or a committee appointed for such purpose shall determine the mark or grade following the report of the results of the re-reading.
   4. The student shall be notified in writing by the department head or dean of the determination of the mark or grade not later than 30 days after the results of the re-reading are determined as provided in (c).
   5. There is no appeal of the result of the re-reading procedure except as hereinafter provided.

III.  SUBSTANTIVE ACADEMIC JUDGMENT OF NONWRITTEN COURSE WORK

Grievances under this heading refer to the assessment of work or performance not submitted in a written format. Examples of student work or performance falling into this category are performance in oral or artistic presentations, clinical or professional service activities and practicum activities. Since this form of work or performance often involves assessment based on observation of the student’s performance by the instructor or, in the case of a practicum, by someone else, it is not always possible to apply with precision the re-reading procedures set out above. However, the procedures set out in Rules II 1 above and the following procedures shall apply (as much as possible) to such assessments.

1. To initiate a re-assessment of non-written work or performance, the student shall submit a completed FORM B to the department head or dean in a non-departmentalized college. The request must be made within 15 working days of the delivery of FORM A as provided in II 1(e). A fee specified by the Registrar shall be tendered with the request. The fee will be refunded if the student’s final grade is increased at least 5 percentage points as a result of the re-reading or if the student’s grade is increased from a Fail to a Pass in a course where the grades are Pass/Fail.

   The request shall state briefly the student’s concern with the assessment of the work or performance.

2. To determine whether it is feasible to arrange to have some or all of the student’s work or performance re-assessed by someone other than the instructor who is qualified to do so, the department head or dean in a non-departmentalized college shall ask the instructor or other person who made the assessment being questioned to review all notes and other sources of information on which the assessment was based. If the department head or dean determines that this is not feasible, the re-assessment shall be carried out by the instructor. Where the department head or dean concludes that some or all of the performance or work can be re-assessed by someone other than the instructor who is qualified to do so, he or she shall appoint such person or persons for this purpose.
3. When the re-assessment is made by someone other than the instructor, the marking or grading structure used by the instructor shall be used. The mark or grade given by the re-assessor may be higher or lower than the mark given by the instructor. The result of the re-assessment should be recorded on FORM B.
4. The original mark or grade shall not be changed until after the instructor has been consulted by the department head or dean. This requirement may be waived by the department or dean when consultation is not practicable. The department head, dean or a committee appointed for such purpose shall determine the mark or grade following the report of the results of the re-reading.
5. The student shall be notified in writing by the department head or dean of the determination of the mark or grade not later than 30 days after the results of the re-assessment are determined as provide in (c).
6. There is no appeal of the result of the re-assessment procedure except as hereinafter provided.

IV.  GRADUATE STUDENTS

A graduate student who has a concern or question about the evaluation of her or his work or performance should consult with the chairperson of her or his advisory committee (or the department or college graduate advisor where no committee exists), the head of the department or the Dean of a non-departmentalized college or the Dean of Graduate Studies and Research before invoking formal procedures. If, after these consultations, the student is unsatisfied, he or she may petition the Ph.D. Committee (Ph.D. students) or the Academic Committee (all other students) of the College of Graduate Studies and Research for a formal ruling on the matter. If the concern relates to a written examination, essay or research paper, the student may request, or the Committee may institute a re-read procedure similar to that described above for undergraduate students. If the concern involves any other form of assessment, the Committee shall consider and rule on it.

The ruling by the Ph.D. or Academic Committee of the College of Graduate Studies and Research on a matter of substantive academic judgment will be final. This includes decisions on the acceptability of the thesis and the results of oral examinations.

A ruling on a concern that assessment of a graduate student’s academic work or performance has been negatively affected by a factor not involving academic judgment of the substance of the work or performance may be appealed as hereinafter provided.

V.  FACTORS OTHER THAN SUBSTANTIVE ACADEMIC JUDGMENT

This section deals with matters not directly involving substantive academic judgment which, however, may affect a student’s academic standing or status.

1. A student who alleges that assessment of her or his academic work or performance has been negatively affected by a factor not involving academic judgment of the substance of the work or performance shall deliver to the dean, not later than 30 days from the date the student is informed of the assessment, a written statement of the allegation and a request for a review of the matter. The department head or dean may extend the period of time to submit the written statement.
2. The dean shall instruct the department head to arrange for an informal investigation of the allegation. In a non-departmentalized college the dean shall arrange for such an investigation. The investigation shall be carried out as expeditiously as possible. 
3. The dean shall inform the student in writing as to the outcome of the investigation. If the student is not satisfied with the outcome, he or she may initiate an appeal as provided in VI below.

VI.  APPEALS DEALING WITH MATTERS OTHER THAN SUBSTANTIVE ACADEMIC JUDGMENT

Note: Questions concerning procedural matters relating to appeals under the following rules should be directed to the University Secretary.

1. Grounds for an Appeal

   1. A student may appeal as hereinafter provided a decision affecting her or his academic standing on the following grounds only:
      1. alleged failure to follow procedural regulations of the relevant college or the University dealing with assessment of students’ academic work or performance or administrative decisions or alleged misapplication of regulations governing program or degree requirements;
      2. alleged discriminatory treatment of the student as compared to the treatment of other students in the course where the alleged discrimination affected assessment of the student’s academic work or performance;
      3. alleged violation of the University Discrimination and Harassment Prevention Policy where the alleged violation affected assessment of the student’s academic work or performance; 
      4. alleged violation of the Saskatchewan Human Rights Code where the alleged violation affected assessment of the student’s academic work or performance; or
      5. alleged failure to implement rules of the University dealing with accommodation of students with disabilities when the alleged failure affected assessment of the student’s academic work or performance.
   2. A student has no right of appeal under these rules with respect to an academic judgment of the written or non-written work, performance or activities or with respect to a decision relating to the provision of deferred or special examinations or other extraordinary methods of assessment unless that judgment or decision is alleged to involve or be affected by a factor mentioned in clause 1 (a).
   3. A student has no right of appeal as hereinafter provided until all applicable steps set out in preceding rules have been taken and a final decision in relation to the matter has been made as provided in those rules.
   4. The determination as to whether or not an appeal falls within paragraph (a) shall be made by the Bylaw Committee of Council. For the purpose of that determination only, the Vice-President (Academic Affairs) of the University of Saskatchewan Students' Union or in the case of a graduate student, the Vice President (Student Affairs) of the Graduate Students' Association, shall be invited to participate (with vote) in the deliberations of the Committee. The Committee shall make its determination on the basis of:
      1. information set out on Form C and any supplementary written information provided by the student initiating the appeal; and
      2. written information provided to the Committee by the dean and the faculty member responsible for the course to which the allegation relates; and
      3. any additional information presented to the Committee as provided in the following paragraphs.
   5. Upon written request, the student initiating the appeal, the dean or the faculty member responsible for the course to which the allegation relates shall have an opportunity to appear before the Committee to present information relevant to the appeal and, with the permission of the Committee, may arrange for the appearance before the Committee of any other person who can provide information relevant to the appeal.
   6. When information not referred to in paragraph (d)(i) and (d)(ii) is presented to the Committee, the other person or persons involved shall be entitled to attend the meeting at which the information is given and, if the information is in writing, to receive a copy of the writing, not later than 10 days prior to the date of the Committee meeting at which the information is considered. The person tendering information other than information referred to in paragraph (d)(i) and (ii) is responsible for delivery of written information to the other person or persons involved.
   7. A person or persons involved shall be entitled to respond to the information referred to in paragraph (e) either orally or in writing. 
   8. Proceedings of the Committee shall be informal. A person presenting information pursuant to paragraph (e) may be questioned by the members of the Committee but may not be subjected to cross-examination by another person.

2. Initiation of the Appeal

   1. A student initiates an appeal under these rules by delivering a notice of appeal in Form C to the following persons:
      1. the University Secretary;
      2. the dean of the college or division offering the course to which the allegation relates;
      3. the faculty member responsible for the course to which the allegation relates; and
      4. the dean of the college or division in which the student is registered.
   2. The notice of appeal shall be delivered not later than 60 days from the date a final decision being appealed has been communicated in writing to the student. Thereafter no appeal may be brought.

3. Appointment of an Appeal Board

   1. Upon receipt of a notice of appeal, the University Secretary shall send a copy of it to Chairperson of the Bylaws Committee. If the Bylaws Committee concludes that the appeal involves a permissible ground for appeal as set out herein, the Bylaws Committee shall constitute an appeal board to be composed of three members of Council, one of whom is a student. One faculty member of the appeal board shall be named chairperson. The members of the board shall be chosen from a roster nominated by the Nominations Committee.

4. Appeal Procedure

   1. The appeal board shall convene to hear the appeal as soon as is practicable, but not later than 30 days after it is constituted or such later date as is acceptable to the student and the dean.
   2. The appeal board shall determine its procedures subject to the following:
      1. all parties involved shall be given adequate notice and full opportunity to participate;
      2. the allegation shall be presented by the person who made the allegation or a person appointed by such person;
      3. the student shall be entitled to be represented by one other person, including legal counsel;
      4. the dean or the faculty member responsible for the course to which the allegation relates shall respond to the allegation and may be represented by one other person, including legal counsel;
      5. evidence supporting or rebutting the allegation may be given by witnesses;
      6. witnesses may be questioned by a person mentioned in clauses (ii) to (iv) or by the board
   3. The hearing shall be in camera unless the student requests that it be open, in which case the number of observers may be limited by the chairperson. The student is entitled to at least five observers.
   4. The University Secretary or a designate of the University Secretary shall record the proceedings.

5. Disposition by the Appeal Board

   1. The appeal board may, by majority:
      1. conclude that the allegation was unfounded and dismiss the appeal; or
      2. conclude that the allegation was justified and specify measures to be taken by the college, division or faculty member involved to correct the injustice including, but not limited to, the following:
         1. re-evaluation of the student’s work or performance in accordance with the applicable rules of the college or the University; or
         2. assessment of the student’s work or performance by an independent third party capable of doing so.
      3. The Chairperson of the appeal board shall prepare a report of the board’s deliberations and its conclusions. The report shall be delivered to the University Secretary.

6. Copy of a Report

   1. Within 15 days from the date the appeal board has compiled its deliberations, the University Secretary shall deliver a copy of the chairperson's report to the student who initiated the appeal and to the persons mentioned in Rule VI 2(a) (ii) - (iv).
   2. Where the appeal board has determined that a College or Division is to address or act upon a particular matter, the College or Division shall within thirty (30) days of the receipt of the Chairperson's report, advise the University Secretary of its compliance, or timetable for compliance, with the decision. If the College or Division fails without cause to confirm its compliance, the Bylaws Committee will review the matter and, if appropriate, require the Provost and Vice President Academic to instruct the College to comply.

7. No Further Appeal

   The findings and ruling of the appeal board shall be final with no further appeal and shall be deemed to be findings and a ruling of Council

8. Student Records

1. Upon receipt of a notice of appeal, the Registrar shall endorse on the student’s record as it relates to the academic work or performance alleged to have been affected the following statement: "This record is currently under appeal and may be affected by the decision of an appeal board." This endorsement shall be removed from the student’s record upon receipt by the Registrar of a copy of the decision of the appeal board.
2. Upon receipt of notice of a re-evaluation or reassessment pursuant to the order of an appeal board, the Registrar shall amend the student’s record accordingly and shall expunge all indication of the record that has been replaced.

Approved by University Council on November 18, 1999 with revisions noted December 3, 1999.
Revisions approved by University Council on September 21, 2000. Minor revision approved by University Council on January 25, 2001; March 21, 2002, September 19, 2002Web numbering pf section VI corrected October 27, 2008

Office of the University Secretary
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University of Saskatchewan
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