Guidelines for Colleges: Hearings Under the Conflict Resolution Process for Student Academic Complaints: Twin Cities

Colleges provide resolution processes for complaints by students. These guidelines are intended to assist colleges in fulfilling their responsibilities consistently and expeditiously. They do not establish procedural rights or impose obligations. Rather, they are intended to facilitate good faith resolutions of certain conflicts involving students. These guidelines give guidance for the hearing process when a student-initiated complaint reaches that stage under Board of Regents Policy: Conflict Resolution Process for Student Academic Complaints and Administrative Procedure: Conflict Resolution Process for Student Academic Complaints: Twin Cities.

Resolution of Student Academic Complaints

The conflict resolution processes must include two steps: (1) a hearing within the collegiate unit and (2) an option to appeal to the Executive Vice President and Provost or designee.

A fair hearing does not have to be like a traditional, formal judicial proceeding and should not be overly technical. It should provide a fair and reasonable opportunity for the parties to present their respective cases to a panel for recommendation to the Dean. A fair hearing process should be timely. A fair hearing process may include the following:

• Written notice

  The parties to a conflict should have fair written notice of the issues to be heard. The student must provide a written complaint that identifies the University rule, policy, or established practice that is alleged to be violated in the provision of education or academic services to the student, and the respondent must provide a written response.

• Panel 

  The college should appoint a panel, and a Chair of the panel, for the hearing. For professional program students, the appropriate college is the home college of their graduate/professional program. For all other graduate students, the appropriate college is the Graduate School. An official list of all research and professional programs is available here. Undergraduate students submit their appeal to the Dean of the college in which the complaint occurred.

  The panel may be a collegiate standing committee or a panel may be appointed on an "as needed" basis. The panel must have at least three members, at least one of whom is a student member. No panel member should have a direct interest in the conflict. All panel members serve as neutrals and give the matter open-minded, fair consideration. The Chair directs the procedures before the hearing and directs the course of the hearing. The college should determine before the hearing if the Chair will be a voting member of the panel, and this decision should be announced at the prehearing conference or via a written update to all parties involved.

• Hearing 

  A hearing is typically scheduled for one half-day. The parties are responsible for presenting their own information. Each presentation may include the use of documents and/or witnesses. Each party may represent themselves, or be represented by an advocate or advisor (usually not an attorney, but when a student has an attorney, the University will also be represented by an attorney from the Office of the General Counsel). The hearing is closed to those not directly involved in the case. Witnesses are present only during their own questioning.

  A hearing usually proceeds in the following order:

  • Call to order by the Chair. Introductions of all present. Review of ground rules and any agreements reached. Each party gives an opening statement, with the complainant usually going first.
  • The complainant presents information and calls witnesses. The respondent and then panel members follow-up with their questions.
  • The respondent next presents information and calls witnesses. The complainant and then panel members follow-up with their questions.
  • Each party makes a summary closing statement with the complainant usually going first.
  • Chair closes the hearing, and the hearing panel retires to deliberate.
  • The panel may hold follow-up meetings as necessary to finalize their decision and/or recommendations.

• Record 

  A formal record (e.g., tape recording) of the hearing usually should be made and, together with the documents submitted, kept in an appropriate collegiate office in accordance with the University's Record Retention Schedule and maintained in accordance with the University’s IT Security Standards. Parties may submit a written request to obtain a transcript of the record, subject to University policy and any applicable privacy laws. This transcript may be redacted as needed to ensure compliance with FERPA and other applicable privacy laws.

• Panel recommendation 

  A recommendation by the hearing panel is based on the information presented at the hearing. A majority of the panel makes the decision. The panel is not the final decision-maker, but rather makes a recommendation to the Dean of the college. 

  The student has the burden of persuading the panel, through information and argument, that it is more likely than not that the University violated a rule, policy, or established practice in the provision of education or academic services to the student.

  The panel's recommendation must be submitted to the Dean in writing.

• Dean's decision 

  The Dean should notify the parties in writing of the Dean’s decision. The Dean's decision should follow promptly on receipt of the panel’s recommendation, within 10 business days. The Dean may delegate responsibilities under this section to a designee.

• Appeal 

  The student should receive, with a final decision, notification of the appeal process. Appeals from a Dean's decision are reviewed by the Executive Vice President and Provost, or designee. The sole purpose of the appeal is to determine whether the parties have been afforded due process. The college may use the following template language for their notification of the appeal process:

  "You have the right to appeal this decision. For more information on an appeal, go to the Administrative Procedure: Conflict Resolution Process for Student Academic Complaints: Twin Cities. A request for an appeal must be made in writing and filed within ten business days of receipt of this letter to the Executive Vice President and Provost at [email protected].

  Read the procedure referenced above to see what should be included in your request for an appeal.