REDWOODS COMMUNITY COLLEGE DISTRICT Administrative Procedure AP 4231 GRADE CHANGES 1.0 Course Grade Challenge The instructor of the course shall determine the grade to be awarded to each student. The determination of the student’s grade by the instructor is final in the absence of mistake, fraud, bad faith or incompetence. Any student who believes he or she has a grade grievance shall make a reasonable effort to resolve the matter on an informal basis. If the student’s concern cannot be resolved informally, this procedure outlines the course grade challenge process. The course grade challenge process is not a legal proceeding. An observer may attend meetings as support but may not act as legal counsel. When challenging a grade assigned by an instructor, the burden of proof is on the student to provide evidence of mistake, fraud, bad faith, or incompetence. Mistake: an unintentional act, omission or error by the instructor or the college. Fraud: a deception deliberately practiced in order to secure unfair or unlawful gain. Bad Faith: disregarding or changing the basis of assigning grades after publication in the course syllabus or using a system of grading other than that found in the syllabus without prior notification to the students. Incompetence: a lack of ability, legal qualification, or fitness to discharge a required duty Step 1: Discuss the Issue with the Instructor. Every attempt should be made to discuss the issue with the instructor. However, if the instructor is not available or the student does not wish to meet with the instructor, the student may proceed to Step 2. Step 2: Student Files a Grade Challenge Form. No later than the second week of the academic semester following the award of the grade, a student may file a grade challenge form and supporting evidence with the Dean/Director. The Dean/Director will forward a copy of the completed course grade challenge form and supporting evidence to the instructor. Step 3: Instructor’s Rebuttal to Grade Challenge. The course instructor is required to respond within ten (10) faculty contracted work days of their notification of the challenge. During times when faculty are not under contract to teach, the course instructor is not mandated to respond and students may need to wait until the faculty member resumes contracted work days. The instructor is responsible for providing the criteria used in determining the course grade as part of their written response. The instructor’s written response will be sent to the Dean/Director, who will forward the rebuttal to the student. If needed, additional information may be requested by the Dean/Director from the student and/or instructor. In the event that the instructor is on leave or no longer employed by the District, the Dean/Director may appoint another faculty member as a substitute in these proceedings. Step 4: Meeting with Dean/Director, Student and Instructor. Following the review of these materials, the Dean/Director shall meet with the student and the instructor together to attempt to resolve the dispute. If the student chooses not to attend this meeting the course grade challenge is terminated. The Dean/Director may request additional documentation from either student or instructor to help in the mediation process, which may require a follow-up meeting. If the course grade challenge is not resolved or terminated at this step, the student may then proceed to Step 5. Step 5: Appeal to a Course Grade Challenge Committee. If the course grade challenge is not resolved or terminated at Step 4, the student may file a written request with the Chief Instructional Officer/Chief Student Services Officer (CIO/CSSO) for a review of the evidence by a Course Grade Challenge Committee. The written request for a review must be submitted within fourteen (14) calendar days of the completion of Step 4. Failure to submit this request within fourteen (14) calendar days terminates the course grade challenge. Upon receipt of this request, the CIO/CSSO shall convene a Course Grade Challenge Committee comprised of two faculty members, two students, and the CIO/CSSO who shall serve as the non-voting chair. The CIO/Chair shall advise the student and the instructor of the date, time and location of the appeal hearing. The hearing shall be informal and shall take place before the entire Course Grade Challenge Committee. No formal witnesses representing either party may attend. However, each party may have an advocate that does not act as legal counsel. The format and duration of the hearing shall be left to the discretion of the committee. The burden of proof rests with the student. The student and the instructor shall answer questions related to the materials submitted in Steps 2-4. At the close of the hearing, the decision to affirm or deny the student’s Course Grade Challenge shall be determined by a vote of three out of four of the voting members, and shall be based solely upon substantiation of mistake, fraud, bad faith, or incompetence (Ed. Code 76232). The decision of the committee shall be final. The Committee shall submit a written report of its decision to the CIO/CSSO within three (3) working days of the hearing or review of the written record, as the case may be. The Chief Instructional Officer shall notify the instructor and the student of the outcome within three working days after receiving the Committee’s written report. The Committee’s written report shall be considered Confidential. At the conclusion of this process, all documentation will be secured in the office of the CIO/CSSO. The decision of the Course Grade Challenge Committee will be final. If the student feels they have been denied due process through these proceedings, please refer to BP 5530 Student Complaints and its procedures. 2.0 Late Withdrawal Students who have extenuating circumstances beyond their control (i.e., medical issues or military orders) may petition for a withdrawal after the deadline. Students must complete a petition, include detailed information and attach verifying documentation within one year of the term in question. 2.0 Security of Grade Records The District shall implement security measures for student records that assure no person may obtain access to student grade records without proper authorization. These measures shall be installed as part of any computerized grade data storage system. The measures implemented by the District shall include appropriate security for database access and locking mechanisms for computer stations from which student grade databases can be viewed, and strict limits on who is authorized to change student grades. Anyone authorized to change grades shall be designated by the CIO/CSSO or his/her designee. No more than five District employees may be authorized to change student grades. Only regular full-time employees of the District may be authorized to change grades. Student workers may not change grades at any time. Anyone who discovers unauthorized activity in grade databases shall notify the CIO/CSSO or his/her designee who shall immediately take steps to lock the grade storage system entirely while an investigation is conducted. If any student’s grade record is found to have been changed without proper authorization, the District will notify 1) the student; 2) the instructor who originally awarded the grade; 3) any educational institution to which the student has transferred; 4) the accreditation agency; and 5) appropriate local law enforcement authorities. Whenever a grade is changed for any reason, corrected transcripts will be sent to any educational institution to which a student has transferred. Any student or employee who is found to have gained access to grade recording systems without proper authorization, or who is found to have changed any grade without proper authority to do so, shall be subject to discipline in accordance with District policies and procedures. Any person who is found to have gained access to grade recording systems without proper authorization, or who is found to have changed any grade without proper authority to do so, shall be reported to the appropriate law enforcement agency having jurisdiction over the college where the incident occurred. References: Education Code Sections 76224 and 76232; Title 5 Section 55025 Approved: 10/03/2011 Former Administrative Procedure #528.01 “Regulations Regarding Academic Complaints,” Adopted by Board of Trustees: June 6, 1994 Revised by ASPC June 17, 2015; forward for Senate approval process Sept. 4, 2015 Grade Challenge Form Student Name: ________________________________ Student Phone: ________________________________ Term: Date: _____________________ Student ID#: _____________________ _______________________________ Course Number: ________________________________ Instructor: _____________________ Policy: The course grade given to each student shall be determined by the instructor(s) of the course and, in the absence of mistake, fraud, bad faith or incompetence, shall be final. A student who believes he or she has a grade grievance shall make a reasonable effort to resolve the matter on an informal basis. Student Request for Grade Change due to: Mistake Fraud Bad Faith Incompetence Instructions: This form should accompany all original documentation submitted by the student. Step 1: Student and instructor meet informally and if the dispute is resolved, no further action is required. If student is not satisfied with instructor explanation, or student does not wish to meet with the instructor, the student must initiate a formal course grade challenge. Date of informal meeting between Instructor and Student: ____________________ Appeal Denied Step 2: Student declined to meet informally No response from instructor A student who wishes to file a formal course grade challenge must do this no later than the second week of the academic semester following the award of the course grade. The student must submit a written appeal (including syllabus, student statement and supporting evidence) using the course grade challenge form and must make an appointment with the immediate supervisor of the instructor. Date Supervisor was notified by Student: _______________ Date Instructor was notified by Dean/Director: ________________ Step 3: The course instructor shall respond to the Dean/Director regarding the course grade challenge within ten (10) faculty contract days of being notified of the student’s grade challenge. The instructor’s written response will be forwarded to the student. Date Instructor Response Due: ______________ Date Instructor Response forwarded to Student: ______________________ Instructor’s response: Grade change: Instructor submits grade change No Grade Change: The student may proceed to Step 4 No Grade Change: Course grade challenge terminated Step 4: The Dean/Director shall meet with both the student and instructor together to attempt to resolve the dispute regarding the contested grade. Date of Meeting: _________________ Who Attended: ___________________________________________ Additional Information requested by Dean/Director from student &/or instructor: Instructor’s response: Grade change: Instructor submits grade change No Grade Change: The student may proceed to Step 4 No Grade Change: Course grade challenge terminated* * If the student chooses not to attend this meeting the course grade challenge is terminated. Step 5: If the course grade challenge is not resolved or terminated at step 4, the student may file a written request with the Chief Instructional Officer (CIO) for a review of the evidence with the Course Grade Challenge Committee. The written request for a review must be submitted within fourteen (14) calendar days of the completion of Step 4. Date request submitted to Chief Instructional Officer for Committee review of grade: _____________________ The Course Grade Challenge Committee Chair will arrange a date, time and location for the hearing. Date/Time/Location: ____________________ Student and Instructor notified The hearing shall be informal. During the hearing, student and instructor shall answer questions related to the materials submitted in steps 2 through 4. The burden of proof rests with the student. The decision to sustain the course grade shall be determined by a vote of three out of four of the voting members. The decision to change a grade shall be based solely upon substantiation of mistake, fraud, bad faith, or incompetence. The committee shall submit a written report within three (3) working days of the hearing date. The Chief Instructional Officer shall notify the student and instructor within three (3) working days after receiving the committee’s report. Grade change: Correction of Grade Change Form completed by Committee Chair/Chief Instructional Officer No Grade Change: The decision of the Course Grade Challenge Committee is Final. Student notified date: ______ Instructor notified date: _________ Signature of CIO: _________________________________________________________ Course Grade Challenge – Letter Template [Part of Step Two of the Formal Course Grade Challenge] To the student: If you have decided to pursue a grade challenge, you may use the following template to communicate your challenge in a business letter format. This is not the only acceptable format you can use, but it can help you express your concerns and reason(s) for your challenge in a clear manner. Be sure to address the specific circumstances of your situation and your grade. Limit your letter (or statement) to three pages. This letter is required as part of the documents you will submit to the instructor and the instructor’s immediate supervisor for the formal challenge. If you feel that the matter was not resolved through the discussions with the instructor and Dean/Director (steps 1 through 4), this letter will become part of the documents that you present to the Course Grade Challenge Committee. The Chair of the Course Grade Challenge Committee can assist you in determining what materials or documents you should provide for the committee. If necessary, the chair can help you clarify or articulate your concerns. Date Course Grade Challenge Committee Office of Instruction College of the Redwoods Eureka, CA 95501 To Whom It May Concern: The first paragraph should briefly state the purpose of the letter (i.e. to challenge your grade). You should mention the course name, number, and section. The middle paragraphs should present the reason(s) why the assigned grade was, in your opinion, unjustified or unfair, as outlined by the syllabus for the course and the course work you completed. You should include evidence for supporting your reasons, including references to specific assignments, exams, or other materials that might pertain to and support your case. You should not include unsubstantiated claims or malicious comments about the class, other classmates or the instructor as personal attacks. In the last paragraph, you should thank the chairperson and/or the committee for reviewing your materials and assisting you during the process. Sincerely, Signature Typed name Student ID number Enclosures: Course syllabus Documentation you deem relevant to your challenge (e.g. written assignments with feedback, tests, etc.) REDWOODS COMMUNITY COLLEGE DISTRICT Administrative Procedure AP 4231 GRADE CHANGES Course Grade Challenge The course grade given to each student shall be determined by the instructor(s) of the course. The determination of the student’s grade by the instructor(s), in the absence of mistake, fraud, bad faith, or incompetence, shall be final (Ed. Code 76232). A student who has evidence that the course grade awarded to him/her by the instructor(s) of the course is based upon mistake, fraud, bad faith, or incompetence may appeal the grade by following the steps below. The course grade challenge process is not a legal proceeding. Advocates may attend but cannot act as legal counsel. Grades will be reviewed within the following context: 1. Mistake – an error in calculation, or an error in marking the roll book relevant to grades, or attendance. Additionally, mistakes may occur when physically assigning grades or when grades are scanned into the computer system. 2. Bad Faith – disregarding or changing the basis of assigning grades after publication in the course syllabus or using a system of grading other than that found in the syllabus without prior notification to the students. 3. Fraud – selling grades or asking students to perform non-relevant activity in exchange for grades. 4. Incompetence – impaired ability (due to accident or illness) to adequately judge the student’s performance. Step 1: Consultation with the Instructor(s). No later than the second week of the academic semester following the award of the grade, a student must attempt to resolve the course grade dispute through consultation with the instructor of the course. In the event the course instructor is no longer at the college, is on leave of absence, or refuses to consult with the student, the student may proceed to the next step. However, during times when faculty are not under contract to teach, the course instructor is not required to respond to requests for course grade consultation or to meet with students. Students may need to wait until the beginning of the semester following the award of the disputed course grade for a response to their request for a consultation. Upon resuming their contract to teach, the course instructor shall respond to a course grade challenge within fourteen (14) calendar days of the first instructional day of the term or within fourteen (14) calendar days of the student’s grade challenge request. Step 2: Appeal to the Instructor’s(s’) Immediate Supervisor. If the student is not satisfied with the result of Step 1, the student may appeal the matter to the instructor’s immediate supervisor using the Course Grade Challenge form. The Course Grade Challenge form may be obtained from Enrollment Services or center campus office. The student must complete the form and supply all supporting evidence in writing to the instructor’s immediate supervisor within fourteen (14) calendar days of completion of Step 1. Failure to submit these materials within fourteen (14) calendar days terminates the course grade challenge. The immediate supervisor will inform the instructor that the student has completed a course grade challenge form. The instructor is responsible for providing the criteria used in determining the course grade. Following the review of these materials, the instructor’s immediate supervisor shall meet, when possible, with the student and the instructor together to attempt to resolve the dispute regarding the contested grade. If the course grade challenge is not resolved or terminated at this step, the student may then proceed to Step 3. Step 3: Appeal to the Course Grade Challenge Committee. If the course grade challenge is not resolved or terminated at Step 2, the student may file a written request with the Chief Instructional Officer for a review of the evidence with the Course Grade Challenge Committee. The written request for a review must be submitted within fourteen (14) calendar days of the completion of Step 2. Failure to submit this request within fourteen (14) calendar days terminates the course grade challenge. Upon receipt of this request, the Chief Instructional Officer shall take the steps necessary to acquire the materials and convene a Course Grade Challenge Committee comprised of two faculty members, two students, and the Chief Instructional Officer who shall serve as the non-voting chair. It is at the committee’s discretion to determine if sufficient evidence exists to make a determination on the basis of the written record or to go to a hearing. If the committee decides to go to a hearing, the chair shall advise the student and the instructor of the date, time and location of the appeal hearing. The hearing shall be informal and shall take place before the entire Course Grade Challenge Committee. No formal witnesses representing either party may attend. However, each party may have an advocate that does not act as legal counsel. The format and duration of the hearing shall be left to the discretion of the committee. The burden of proof rests with the student. The student and the instructor shall answer questions related to the materials submitted in Step 2. At the close of the review of the written record or hearing, as the case may be, approval to sustain the course grade challenge shall be determined by a vote of three out of four of the voting members. The decision to change a grade shall be based solely upon substantiation of mistake, fraud, bad faith, or incompetence (Ed. Code 76232). The decision of the committee shall be final. The committee shall submit a written report of its decision to the Chief Instructional Officer within three (3) working days of the hearing or review of the written record, as the case may be. The Chief Instructional Officer shall notify the instructor and the student within three working days after receiving the committee’s written report. Step 4: Notification to the Board of Trustees. A student may appeal the committee’s decision to the Board of Trustees only if evidence exists that the Course Grade Challenge policy and procedures were not followed. Within 14 calendar days, the student shall notify the Chief Instructional Officer in writing identifying specifically where the process was not followed. Failure to submit this written appeal within 14 calendar days shall terminate the course grade challenge. The Chief Instructional Officer will forward the written appeal to the Board of Trustees. The Board of Trustees will review the written appeal to verify whether or not the process was followed. The Board of Trustees shall refer the matter back to the committee if it finds that the course grade challenge policy and procedures were not followed. Otherwise, the decision of the committee shall stand. Late Withdrawal Students who have extenuating circumstances beyond their control (i.e., medical issues or military orders) may petition for a withdrawal after the deadline. Students must complete a petition, include detailed information and attach verifying documentation within one year of the term in question. Security of Grade Records The District shall implement security measures for student records that assure no person may obtain access to student grade records without proper authorization. These measures shall be installed as part of any computerized grade data storage system. The measures implemented by the District shall include, but not necessarily be limited to, password protection for all student grade data bases, locking mechanisms for computer stations from which student grade data bases can be viewed, and strict limits on the number of persons who are authorized to change student grades. Persons authorized to change grades shall be designated by the Vice President of Student Development or his/her designee. No more than five District employees may be authorized to change student grades. Only regular full-time employees of the District may be authorized to change grades. Student workers may not change grades at any time. Any person who discovers that grades have been changed by someone other than the persons authorized to do so shall notify the Vice President of Student Development or his/her designee immediately. The designee shall immediately take steps to lock the grade storage system entirely while an investigation is conducted. If any student’s grade record is found to have been changed without proper authorization, the District will notify 1) the student; 2) the instructor who originally awarded the grade; 3) any educational institution to which the student has transferred; 4) the accreditation agency; and 5) appropriate local law enforcement authorities. Whenever a grade is changed for any reason, corrected transcripts will be sent to any educational institution to which a student has transferred. Any student or employee who is found to have gained access to grade recording systems without proper authorization, or who is found to have changed any grade without proper authority to do so, shall be subject to discipline in accordance with District policies and procedures. Any person who is found to have gained access to grade recording systems without proper authorization, or who is found to have changed any grade without proper authority to do so, shall be reported to the appropriate law enforcement agency having jurisdiction over the college where the incident occurred. References: Education Code Sections 76224 and 76232; Title 5 Section 55025 Approved: 10/03/2011 Former Administrative Procedure #528.01 “Regulations Regarding Academic Complaints,” Adopted by Board of Trustees: June 6, 1994