(A) Any student who has reason to believe
that his final grade in any course or seminar was determined as a result of
prejudice or caprice shall consult with the faculty member who determined the
grade. A request for consultation shall be made within two weeks after the
student receives the grade. If such request cannot be made because the student
is unable to contact the faculty member personally or by telephone within that
time, a written request mailed to the faculty member at the law school within
the two week period shall satisfy this requirement.
The faculty member shall consult with the student
promptly after receipt of a request. If the faculty member or the student is
absent from the greater Cincinnati area at the time the request is made, the
consultation shall occur within two weeks after both are in the area.
(B) If after such consultation the student has reason to
believe that his grade was determined as a result of prejudice or caprice he
may file a complaint with the dean of the college of law. The dean shall refer
the complaint to the petitions committee and send a copy to the faculty member
involved.
The complaint shall be filed with the dean within
two weeks after the consultation described in A or within two weeks of the
student's having discovered that consultation is not possible.
(C) The complaint shall contain a statement of facts
indicating the basis for the student's belief that the grade was determined as
a result of prejudice or caprice. Allegations that the grade was so determined
that the grade was so determined or that the grade was low or failing, or both,
will not alone suffice.
The complaint shall also contain an allegation
that the consultation required in A has occurred or a statement of facts
indicating the student's inability to comply therewith.
The committee shall review the complaint and on
the basis of its factual allegations decide whether a hearing should be held. A
hearing shall be held promptly if any two members of the committee so vote.
Unless two members so vote, the complaint shall be dismissed and the matter
deemed concluded.
(D) Hearings shall be before the committee. The committee
shall arrange for the production of all documents considered in determining the
grade. If requested by the committee, the student shall produce his notes for
the course and, if the grade was based in whole or part on a paper or papers,
the research materials assembled by the student preparatory to writing the
paper or papers. Upon request the student shall be provided a copy of the
examination questions and his answers thereto before the hearing.
The student shall appear at the hearing or his
complaint shall be dismissed and the matter deemed concluded.
The faculty member involved may appear at the
hearings. He shall appear if available, if the student so requests. The
hearings should be scheduled so as to try to accommodate the availability of
both the faculty member and the student.
The hearings shall proceed on an informal basis
with a full presentation of all relevant evidence, including an analysis by the
faculty member involved of the questions and answers. Expert witnesses may
appear.
The student shall have the burden of persuading
the committee that the grade was determined as a result of prejudice or
caprice.
(E) If a hearing is held, the committee shall decide if the
grade was determined as a result of prejudice or caprice. A majority vote of
the members of the committee shall be necessary for a decision that the grade
was so determined. It shall report its decision and the vote thereon to the
dean who shall place the question on the agenda for the next scheduled faculty
meeting.
At that faculty meeting the committee shall
reports its decision for review. Thereafter the faculty member involved and the
student member of the committee may make statements. They shall not be present
during the faculty discussion and voting. A majority vote of those present
shall be required to change the committee's decision. The faculty action shall
be final.
If it is decided that the grade was determined as
a result of prejudice or caprice, the committee, after consultation with the
student and the faculty member involved, shall determine the appropriate grade.
The grade may be higher, lower, or the same as the original grade or a grade of
"S" may be given if deemed appropriate.
A reevaluation, when made, shall be final.
(F) If one of the members of the committee is the person
who determined the grade, the dean shall appoint another full-time faculty
member to sit in his place throughout any proceedings herein described. If the
student member of the committee is the student complainant, another student
shall be appointed to take his place in accordance with existing
procedures.
The student member may disqualify himself from a
case for cause at any stage of the proceedings described herein. In that event
another student shall be appointed to take his place, in accordance with
existing procedures, for purposes of the remaining proceedings in that
case.
(G) These procedures shall take affect and apply to the
final grades given for courses and seminars in the spring semester of nineteen
hundred and seventy and thereafter.
