Ohio Administrative Code › Title 3361:50 - University of Cincinnati › Chapter 3361:50-81 - College of Law › Section 3361:50-81-18 - College of law: procedure for review of a claim that an individual student has been subjected to prejudice or capricious academic evaluation

Current through all regulations passed and filed through July 1, 2024
(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.
(C) 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.
Replaces: 3361:50-81-18