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Student Rights and Responsibilities

Academic Rights

The student has a right to take reasoned exception to data and views offered in the classroom and to reserve judgement about matters of opinion without fear of penalty. He/she has a right to a course grade that represents the instructor’s good-faith judgment of his/her performance in the course, and to protection against improper disclosure of information concerning his/her grades, views, beliefs, political associations, health or character which instructors acquire in the course of their professional relationships with the student. The student has

a right to accurately and clearly stated information which should enable him/her to determine:


a. the general requirements for establishing and maintaining an acceptable academic standing;
b. his/her own academic relationship with the University and any special conditions which apply;
c. the graduation requirements for a particular curriculum and major.

If you feel any of your rights have been violated or that you have been treated unfairly, you should follow one of the three procedures outlined below.

Academic Appeals

An academic appeal is a request for review of an administrator’s decision made with respect to an individual student which bears upon his/her student career. The appeals procedure does not apply to issues which have broad application to the university as a whole or to constituent groupings within the university. However, appeals can be made in matters such as admission, transfer of credit, probation,
suspension, dismissal, and other similar matters. A supervisor’s decision in an appeal can itself be appealed, but there is no appeal of the President’s decisions except in cases where it is reasonably alleged that a decision against the student was based on discrimination with respect to race, sex, age, handicap, religion, or national origin.

 

You may file an appeal whenever you can reasonably claim that an administrator’s decision affecting your program of study was not justifi ed by the procedures and/or guidelines established to govern that decision. It is not necessary that you allege discrimination or other wrongdoing on the part of the administrator. You should submit the appeal in writing to the immediate supervisor of the administrator whose decision you question. It is your responsibility to gather the evidence necessary to support your case and to include that evidence when submitting the written appeal. In preparing the appeal, you should keep in mind that the primary issue is whether the administrative decision was justified by the procedures and/or guidelines established to govern that decision.

 

The supervisor to whom the appeal is made may choose to appoint and be advised by a consultative board composed of students and/or faculty and/or administrators of the supervisor’s own choosing, and may also choose to charge such a board with hearing oral arguments and/or with making inquiries into specifi ed matters of fact. However, if you have alleged discrimination on the basis of race, sex, age, handicap, religion, or national origin, a consultative board must be appointed and must include at least one student and at least one faculty member who is not an administrator. In no case will the supervisor be bound by the advice of the board.

Academic Grievances

The following grievance procedure primarily applies to alleged violations of a student’s rights by his/her instructor. However, if your problem is related to admission, transfer of credit, probation, suspension, or dismissal, you may wish to enter an academic appeal, as described in the previous section of this handbook. If your problem is with an administrator’s decision regarding a matter between you and your instructor, you should use the academic appeals process unless you can reasonably claim that the administrator’s decision constitutes a violation of your rights. In the latter case, you may choose to use the academic grievance procedure, adapting it to your case so as to begin with the administrator and his/her supervisor rather than the instructor and his/her chair and dean (as outlined below).

 

The Academic Policies Committee is the final arbiter of whether such a grievance against an administrator should be resolved instead through the appeals process. If your problem is related to a nonacademic issue, you should refer to the Student Conduct Code. If you wish to initiate a grievance, you must follow the student academic grievance procedure as outlined below, keeping in mind the following principles:

 

  1. You must start with a sincere attempt to settle the dispute in an informal manner with the instructor. Administrators can initially hear your concerns and refer you to this document, but they will not discuss any specifi c grievance until the appropriate procedural steps have been taken.
  2. Within the guidelines of the institution, faculty have authority and responsibility for course content, classroom procedure, and grading, except insofar as it can be shown that a decision was arbitrary or capricious, or based on discrimination with respect to race, religion, sex, handicap, age, or national origin.
  3. In order for you to prepare your case, keep in mind that when you present the facts the burden of proof is on you, not on the instructor.
  4. Students who have legitimate grievances which cannot be resolved at the departmental level are encouraged to pursue their cases and follow the procedures outlined below. However, frivolous or mendacious complaints are discouraged. Students and faculty are further advised that adherence to the full truth represents the best service to their cases, and indeed that misstated or overstated claims by the principals or their witnesses about the misdeeds of others may lead to civil penalties.

Administrators shall not discuss the details of a specifi c grievance with a student who has not followed the procedure outlined herein, and any representative of a student must follow the same procedure. Public statements about a case shall be withheld by the parties involved, by the board of review, and by all participants in the hearings until the final decision has been communicated to the parties to the grievance. If and when an official statement is made of the result of the procedures outlined below, it shall be made through the office of the appropriate dean. Access to the written record of the hearing, and to all other records, findings, and recommendations of the board of review and any administrators involved in appeals shall be limited to authorized personnel. In the following document, the term “faculty” shall be construed to mean those persons defi ned as “faculty” by the Bylaws and Policies of the Board of Regents, the Statutes of the University and those persons appointed by the President to administrative positions at the institution. Further, the term “days” denotes normal working days on which university classes meet. Weekends, holidays, fi nal exam periods, and breaks between and within semesters are not to be counted in calculating these time lines. It should be understood that, at each level in the academic chain of command above the instructor, e.g. the department chair, dean of the college, vice president for academic affairs, and president of the institution, the administrator may designate an appropriate representative. Once a student has initiated a written grievance procedure, all responses along this chain of command must be in writing.

I. Stage One: The Informal Procedure

The student should fi rst make a sincere attempt to settle a dispute in an informal manner with the instructor. If the student is still not satisfi ed with the instructor’s decision, he/she may then discuss the matter with the instructor’s department chair. If the problem remains unresolved, the student may then discuss the matter with the instructor’s dean.

II. Stage Two: The Written Grievance

If the student has exhausted the procedures outlined in section I above, he/she may continue as follows:

III. Stage Three: The Formal Hearing

If agreement is not reached within fi ve (5) days of the submission of the written grievance to the dean, then the dean or either party may ask the Academic Policies Committee to arrange a hearing before a formal board of review.

IV. Stage Four: Deliberations of the Board and Its Report

V. Stage Five: The Dean’s Decision

VI. Stage Six: The Appeals Process

ADA Grievance Policy

Augusta State University has adopted an internal grievance procedure providing for prompt and equitable resolution of student complaints alleging any action prohibited by the U.S. Department of Justice regulations implementing Title II of the Americans with Disabilities Act (ADA). Title II states, in part, that “no otherwise qualifi ed disabled individual shall, solely by reason of such disability, be excluded from the participation in, be denied the benefi ts of, or be subjected to discrimination” under any programs or activities sponsored by a public entity.

 

The student should make every good faith effort to address their specifi c complaint directly with the faculty member who is involved with the initial problem before fi ling a formal grievance. If this is unsuccessful, the student may issue a written complaint to the faculty/staff member and their immediate supervisor. The complaint should contain a specifically alleged ADA violation and should, in detail, explain how the student feels that his/her ADA rights have been violated.

 

The faculty/staff members and the corresponding department heads who receive an ADA complaint should make every attempt to resolve the matter, if possible, and issue a written response to the student complainant within ten (10) working days. This written response should be undersigned by the head of the department under which the faculty/staff member is employed. ADA complaints should be filed with the appropriate parties in the following manner:

 

The Office of Disability Services Complaints relating to direct services received through the Offi ce of Disability Services should be submitted to the Director of Testing and Disability Services in the Offi ce of Disability Services within ten (10) days of the alleged violation. Students must be formally registered with the Offi ce of Disability Services before a complaint can be fi led with this offi ce. All students with a documented disability may register for services by completing the initial intake session.

 

Admissions

Student ADA complaints relating to the Offi ce of Admissions should be submitted to the Director of Admissions within ten (10) days of the alleged act. If a prospective student believes that a requirement for admission has a disproportionately adverse effect upon him/her, based on their disability, the prospective student may submit a written request for reconsideration to the Director of Admissions.

Faculty/Staff

ADA complaints directly related to teaching faculty members should be submitted to the faculty member within ten (10) days of the alleged violation. Each department has a department head who supervises faculty members. The name of the current department head can be discovered by simply contacting the department.

Physical Campus Accessibility

If a student has a complaint relating to the physical accessability of the campus, this complaint needs to be directed to the Director of Campus Facilities Planning within ten (10) days after the accessability issue is noticed. The Director of the Physical Plant supervises the Facilities Planning Director.

Student Employment

Employment related student ADA complaints need to be fi led with the Student Employment Manager immediately after the occurrence of the alleged violation. The Director of Financial Aid supervises the Student Employment Manager.

General Complaint Appeals Procedures

If the student is still dissatisfi ed with the previous attempts to mediate their complaint, they have a right to issue a formal complaint to the presiding Dean of Students, who has been designated to coordinate ADA compliance efforts. A complaint should be fi led in writing and must contain the name and address and telephone number (if available) of the person fi ling it. A brief description of the specifi c alleged ADA violation of the regulations must be contained in the complaint.

 

A formal appeal to the Dean of Students may be fi led immediately after the complainant receives the decision from the appropriate department. Appeals to the Dean of Students must be fi led and received at least within fi ve (5) days of the students receipt of the response letter from the appropriate department. A formal letter of appeal must be written and fi led with the Dean of Students. An investigation, as may be appropriate, shall follow a fi ling of a complaint. The investigation shall be conducted by the Dean of Students, except in cases where the complaint is against the Dean of Students. In this instance, the investigation shall be conducted by the ADA Grievance Committee. These rules contemplate informal but thorough investigations, affording all interested persons an opportunity to submit evidence relevavant
to a complaint.

 

A third appeal may then be fi led with the ADA Grievance Committee within fi ve (5) days of the receipt of a decision from the Dean of Students. The ADA Grievance Committee shall consist of two faculty members who are not involved with the present complaint, and two students. At least one member of the ADA Grievance Committee should be an individual with a disability receipt of a decision from the Dean of Students.

 

The ADA Grievance Committee shall consist of two faculty members who are not involved with the present complaint, and two students. At least one member of the ADA Grievance Committee should be an individual with a disability. A written determination as to the validity of the complaint and a description of the resolution, if any, should be issued by the Dean of Students and a copy forwarded to the complainant within ten (10) working days after its fi ling (unless both the complainant and the Dean agree to extend the deadline for an additional time which is not to exceed fi ve (5) additional working days). The Dean of Students shall maintain the fi les and records of Augusta StateUniversity relating to the complaints filed.

 

A written appeal of the decision of the ADA Grievance Committee may be made to the President of the University within fi ve (5) days. The appeal to the President must include (a) the specifi c alleged ADA violation (b) a specifi c statement of how the complainants rights have been violated by the actions of the university in dealing with the grievance and (c) a specifi c statement of what the complainant is seeking that they did not receive. Should the President agree to hear the appeal, his decision will be fi nal. If the President concurs with the previous decision or does not choose to hear the matter, then the decision of the ADA Grievance Committee will be fi nal. The complainant will be sent a written decision from the president or their appointed representative within ten (10) working days.

 

Specific Appeals Procedures Related to Course, Academic or Degree Requirement Waivers Decisions related to general academic or degree requirements waivers or substitutions are made in accordance to standards established by the Board of Regents of the University System of Georgia. Academic and degree requirement waivers are initially reviewed by the Director of Testing and Disability Services. In order to request a waiver, the student should submit a written request for a course, academic or degree requirement to the Disability Services Director. The Director of Testing and Disability Services should submit a written response within ten (10) days after receiving a written request for review from the student.

 

If the student is still dissatisfied a more formal appeal can be made to the Vice President of Academic Affairs within fi ve (5) days of the denial from the Director of Testing and Disability Services. Because of the nature of academic and degree requirement waivers, appeals related to degree or academic substitutions should be made in writing and directed to the Vice President for Academic Affairs. All appeals to the Vice President for Academic Affairs should be submitted in writing. A formal written opinion from the Vice President for Academic Affairs should be submitted within ten (10) days after receiving a written complaint from a student. In these cases a fi nal appeal can be made to the President of the University. The President of the University may concur with the decision of the Vice President of Academic Affairs, or make an independent decision relating to the complaint. Remedies for resolution may be included in the President’s decision.

 

The President of the University should issue a final written decision of this appeal within ten (10) days. The President’s decision on ADA matters relating to academic degree requirements of waivers shall be final.

The Appeals Process in General

The rights of a person to a prompt and equitable solution of the complaint fi led hereunder shall not be impaired by the person’s pursuit of other remedies such as the fi ling of an ADA complaint with the responsible federal department or agency. Use of this grievance procedure is not a prerequisite to the pursuit of other remedies. These rules shall be construed to protect the substantive rights of interested persons, to meet appropriate due process standards and to assure that Augusta State University complies with the ADA and implementing regulations.

Code of Conduct

I. Definitions:

A. “Institution” refers to Augusta State University and, collectively, to those responsible for its control and operation.

B. “Students” includes all persons taking courses at the institution: full-time and part-time, undergraduate and graduate.

C. “President” refers to the president of the institution unless otherwise stipulated.

D. “Institutional Government”: All constituents of the institution community are free, individually and collectively, to express their views on issues of institutional policy and on matters of interest to the student body. The role of student government and its responsibilities shall be made explicit in a constitution approved by the student body and faculty. Students are entitled to participate in all discussions of educational policy.

II. The following rules shall be known as the Augusta State University Student Code of Conduct:

A. Bill of Rights: The following enumeration of rights shall not be construed to deny or disparage other rights retained by students as members of the student body or as citizens of the university community at large.

  1. Free inquiry, expression, and assembly are guaranteed to all students.
  2. The right of students to be secure in their persons, papers, and effects against unreasonable searches and seizures is guaranteed.
  3. No administrative disciplinary sanctions may be imposed upon any student without notice to the accused of the nature and cause of the charges and without an opportunity for a fair hearing. This shall include the student’s confrontation with witnesses and the assistance of a person of the student’s choosing.

III. Classroom Expression & Course Related Behavior Discussion and expression of all views relevant to the subject matter are permitted in the classroom, subject only to the responsibility of the instructor to maintain order.

 

IV. Prohibited Conduct Generally, institutional discipline shall be limited to conduct which adversely affects the institutional community’s pursuit of its educational objectives. The following misconduct is subject to disciplinary action:

V. Fire Safety

VI. Unauthorized Entry or Use of Institutional Facilities

VII. Procedural Standards in Disciplinary Proceedings

VIII. Rights of Student Defendants Before the Judicial Cabinet

Hearings shall be conducted in a manner consonant with accepted procedures of justice. Hearings shall be public and open. The date, time and place of the hearing shall be posted by the Offi ce of the Dean of Students 24 hours in advance of the hearing. In hearings involving more than one student defendant, separate hearings shall be allowed upon request. At hearings of the Judicial Cabinet, the student defendant shall be afforded all rights required by due process including:

IX Sanctions The following sanctions may be imposed upon students:

 

X.Appellate Procedure An appeal from a decision by the initial hearing board may be made by any party to the chairperson of the Faculty-Student Judiciary in writing within 5 days of the decision. By a simple majority vote the Faculty-Student Judiciary may:

  1. 1. uphold the original decision and penalty,
  2. 2. uphold the decision but lessen the penalty (but no less than an institutional minimum penalty) or 3. overrule the original decision and penalty.
    • A. A student may appeal on grounds that the evidence was not suffi cient to fi nd him guilty or other specifi ed relevant grounds.
    • B. An appeal shall be limited to a review of the full report of the hearing board for the purpose of determining whether it acted fairly in the light of the charge and evidence presented.
    • C. An appeal may not result in a more severe sanction for the accused student. An appeal of the decision of the Faculty-Student Judiciary may be made to the President of the University in writing within fi ve school days.
    • D. The student has the right to apply to the Board of Regents for review of the president’s fi nal decision. The application for review must be submitted in writing to the Executive Secretary of the Board within twenty days following the president’s decision. The application must set forth the president’s decision and state the redress desired.

XI. Judicial Bodies

XII. Campus Organizations

XIII. Freedom of Expression on Campus

The freedoms of speech and assembly guaranteed by the fi rst and fourteenth amendments to the United States Constitution shall be enjoyed by the students and faculty of Augusta State University in regard to the opportunity to hear off-campus, or outside, speakers. Free discussion of subjects of either controversial or noncontroversial nature shall not be curtailed. However, as there is not absolute right to assemble or to make or hear a speech or at any time or place regardless of the circumstances, content of speech, purpose of assembly, or probable consequences of such meeting or speech, the issuance of invitations to outside speakers shall be limited in the following particulars, but only in the manner set forth herein:

 

XV. Violation of Law and Institution Discipline

Repeated violations of published rules or regulations of the institution, which cumulatively indicate an unwillingness or inability to conform to the standards of student life of the institution, are prohibited. Violation of Outside Law: Violation of local, state or federal law, on or off the campus, which constitutes a clear and present danger of material interference with the normal, orderly operation and processes of the institution, or with the requirements of appropriate discipline, is prohibited.

 

Last Modified: July 31, 2008
Text-Only Version
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