Academic Grievances

Course Grades

The grade duly recorded by a faculty member in a course is final unless changed by the Faculty of Law at a meeting in which a majority of the full-time members of the Faculty* present approve by vote, and only pursuant to the procedures and standards set forth below.

Grievance Procedures

The grievance procedure is applicable only to final grades. The grievance of a final grade may include grievance of any component of the final grade (e.g., final examination, graded assignments, interim tests, quizzes, class participation). In general, the student may discuss the final grade with the pertinent faculty member, and has a right to review, under the supervision of the faculty member, any component, on which the final grade was based. If there is a dispute or grievance about the grade duly recorded in any course, the following procedures shall be followed:

• Where there is an allegation that a grade has been affected by fundamental unfairness of a faculty member (whether in good or bad faith) and there is a grievance on that grade, the student shall, before the expiration of the 60th day in the next semester (excluding summer sessions), or within 30 days after receipt of that grade, whichever period is longer, notify the faculty member, in writing, of the nature and content of the grievance. The purpose of this stage is to permit a consensual resolution of the grievance.
  • If the faculty member at this stage acknowledges fundamental unfairness and the faculty member and student arrive at a mutually acceptable remedy, the following procedures shall apply:
    • The faculty member, in writing, shall refer the matter (including the examination and all supporting evidence) to the Administrative Committee for an advisory opinion to be submitted to the Faculty of Law;
    • the full-time members of the Faculty present at the meeting may approve, modify or reject the advisory opinion of the Administrative Committee;
    • the vote of the majority of full-time members of the Faculty at the meeting shall be final;
    • the Director of Academic Records shall record any grade change voted by the Faculty of Law.
  • If the discussion at this stage does not result in an agreement between the faculty member and the student, then the grievance shall proceed to the Dean:
    • The Dean shall have an opportunity to evaluate the grievance after input from both parties affected. There shall be no appeal from the Dean’s decision to dismiss the grievance;
    • in the event that the Dean decides to continue the matter, the Dean shall appoint a panel consisting of three faculty members who are tenured full professors. The members of this panel shall be drawn by lot;
    • the panel shall appoint its own chair and shall resolve the matter promptly. Procedures consistent with due process shall be conducted. The panel’s decision shall include:
      • findings of fact; and
      • recommendations for disposition of the grievance (i.e., the grade);
    • the panel’s decision shall then be submitted to the Faculty of Law;
    • the full-time members of the Faculty present at the meeting may approve, modify or reject the recommendation of the panel;
    • the vote of the majority of full-time members of the Faculty at the meeting shall be final;
    • the Director of Academic Records shall record any grade change voted by the Faculty of Law.
  • Explanatory Notes:
    • To establish fundamental unfairness, a student must allege more than mere dissatisfaction with the grade that was awarded. In order to be the basis for relief, fundamental unfairness requires a finding that impermissible criteria affected the evaluative process. By way of illustration and not limitation, the following do not constitute fundamental unfairness:
      • Failure of the professor to explain the grade to the satisfaction of the recipient;
      • Failure of the professor to have warned the student either orally or in writing (particularly in non-anonymously graded courses) that the student’s performance was deficient;
      • Failure of the professor to credit a student’s misinterpretation of the facts on an examination;
      • Failure of an examination to reflect proportionately the course content.
    • In itself, it is not fundamental unfairness that the professor, upon reviewing any component of a student’s final grade following entry of the final grade, concludes that a different evaluation of that component could have been made.
• Clerical or mathematical error by faculty member where the faculty member acknowledges that the grade is incorrect due to a mathematical error (e.g., incorrectly determining the sum of the points awarded to the examination answers) or clerical error(e.g., entering a final grade that is different from the grade calculated by the faculty member), the following procedures shall apply:
  • The faculty member, in writing, shall request the change and, shall specify the exact circumstances which resulted in the clerical or mathematical error;
  • the faculty member shall refer this written request and the exam, the grading sheet and any other evidence of error to the Administrative Committee for an advisory opinion to be submitted to the Faculty of Law;
  • the full-time members of the Faculty present at the meeting may approve, modify or reject the advisory opinion of the Administrative Committee;
  • the vote of the majority of full-time members of the Faculty at the meeting shall be final;
  • the Director of Academic Records shall record any grade change voted by the Faculty of Law.
• Alleged administrative error or other circumstances affecting the examination process not caused by or within the control of a faculty member shall be initially taken to the Associate Dean for Students who may refer the matter to the Administrative Committee. The Administrative Committee may conduct an evidentiary hearing (pursuant to its established procedures) and file a report with the Faculty of Law which may then take appropriate action. The Director of Academic Records shall record any grade change voted by the Faculty of Law.
• A missing examination paper shall proceed initially pursuant to the provisions as set forth above for “administrative errors or other circumstances affecting the examination process not caused by or within the control of a faculty member.”

*As defined in the Law School’s Bylaws [hereinafter “full-time members of the Faculty].