Procedures for Grade Appeals Based on the Alleged Use of Non-Academic Criteria
Committee on Courses of Instruction, Berkeley Division of the Academic Senate

Approved: October 26, 2001
Last Revised: November 4, 2005

1. General Comments

   Initial jurisdiction over grade grievances lies within academic departments, which make recommendations to the Committee on Course of Instruction (COCI), which determines the final resolution. COCI considers grades to be a matter of academic judgment and subject to challenge only on the basis of Berkeley Division Regulation A207.A. (Grade Appeals: Appeal Process), which states that the grounds for grievance are:

   • application of non-academic criteria, such as: considerations of race, politics, religion, sex, or other criteria not directly reflective of performance related to course requirements;
   • sexual harassment;
   • improper academic procedures that unfairly affect a student’s grade.[1]



2. Informal Resolution of Contested Grades

Students must first attempt to settle the matter informally. This should be done by discussing the issue with the instructor. Students may also contact the department chair and Ombudsperson, or another mutually acceptable third party who is uninvolved in the grade grievance process and can attempt to mediate the dispute informally.

If the grade grievance is resolved between a student and instructor, and results in a grade change, the department chair (or equivalent) shall expeditiously transmit the case in writing to COCI. The department chair must provide a brief description of the circumstances involved in the case, and state and explain any assent or objection to the proposed grade change. COCI will treat proposals transmitted without explicit assent or objection as being uncontested by the department chair. In addition, COCI requires a written statement from the student consenting to the proposed change (e-mail is acceptable).

If COCI approves the proposed change, it will then instruct the Office of the Registrar to make the change in the student’s record. Once COCI has acted upon a proposed grade change, the Committee’s decision shall be communicated in writing to the student, instructor, and department chair.

If, and only if, these informal procedures have failed to settle the matter, and the one-year time limit (outlined below) has not expired, the student may initiate the following grievance process.

3. Formal Grievance Process.
   
   
   1. Ad Hoc Grievance Committee
      Each department (or other instructional unit) shall, through its normal procedures for appointing departmental officers, annually establish a standing grievance committee chair who is not the chair of the department. For each case, the grievance committee chair will appoint an ad hoc grievance committee composed of three faculty members [2] including the grievance committee chair, one other faculty member from the same unit [3], one faculty member from a different unit; and two students in good standing who will be appointed by the student association(s) of the unit(s) [4]. The original instructor cannot be a member of this committee; if the original instructor is the standing grievance committee chair, the department chair will appoint another faculty member to chair the ad hoc grievance committee. The grievance committee chair is a regular voting member of this committee.
      
      In cases where multiple grievances are presented (e.g., more than one student grieving grades from the same course, or one student grieving grades from more than one course), a single ad hoc grievance committee may review the cases with the student’s (or students’) written consent (e-mail is acceptable). Otherwise, each grievance must be reviewed by a separate ad hoc grievance committee.
      
      
   2. Process
      The student must initiate the formal grievance process within one calendar year of the last day of the semester in which the course in question was taken [5]. The formal process is initiated when the student submits the casein writing to the grievance committee chair. As stipulated by Regulation A207, the formal grievance process at the departmental level must be completed within twenty (20) working days of receipt of the student's formal grievance (if both parties are in residence and the University is in regular session,[6] , excluding summer session). [7] The case must include the following:
      
      
   • a description of the basis for the grievance and, if it exists, the original work in question;
   • a written response from the instructor;
   • a written rebuttal by both the student and instructor to the other's position; if no rebuttal is presented, there must be documentation, either from the student and instructor or the ad hoc grievance committee, that ample opportunity for submitting one was provided.

   The grievance committee chair will present all these materials to the ad hoc grievance committee at its first meeting. The student and instructor may present additional information in writing to the ad hoc grievance committee prior to the meeting or, at the option of the ad hoc grievance committee chair, in person to the ad hoc grievance committee, but neither party may be present while the other is appearing before the committee or while the committee is deliberating.
   
   Upon the conclusion of its deliberations, the grievance committee chair will report its decision in writing, signed by the committee chair, along with any minority views, to the department chair, the student, and the instructor. The department chair will forward all relevant documents and notify COCI in writing of the recommendation within two weeks of receiving the report from the ad hoc grievance committee.

   3. Ad Hoc Grievance Committee Remedies
      The ad hoc grievance committee’s recommendations may include a change of letter grade or grading option (i.e., P/NP, S/U). Four of the committee's five members must consent to the letter grade that is recommended (including the change of grade of D+ and below to a grade of P or the change of a grade of C+ or below to a grade of S).

   4. COCI Review
      COCI requires the following items for its review of the appeal:

   • A written report from the ad hoc grievance committee presenting its recommendation and the rationale behind the recommendation; any minority view(s) must also be given in writing as part of the report. All members of the ad hoc grievance committee must be identified, and the report must be signed by the committee chair.
   • The materials outlined in section B, “Process,” which the grievance committee chair presents to the ad hoc grievance committee at its first meeting.
   • Any additional documentation which the student and instructor judge supportive of their case (e.g., exams, statements by other students, GSIs, chair, etc.).
     
     
   5. COCI Remedies
      In accordance with Regulation A207, if COCI finds for the student, it may:
      • change a failing grade to a P or S;
      • drop a course retroactively;
      • retain the course but eliminate the grade from the student’s GPA;
      • adopt the letter grade, if any, that was recommended by four of the five members of the unit’s ad hoc grievance committee.