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         Last Revised on 03/28/08

Probation and Grievance Committee Rules
Office of the Registrar / Bursar

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"Probation and Grievance Committee Rules."
  

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Part I

1.1

Jurisdiction 

 

(a) The Probation and Grievance Committee has jurisdiction: 

      1. to hear allegations regarding alleged offenses committed by a faculty member, the dean or Associate Dean, not otherwise covered by the Code of Student Conduct, asserted by any administrator, student, faculty member, the Dean or Associate Dean of 

          (i) arbitrary, capricious or substantially unfair application of any rule or regulation of the law school;
          (ii) discrimination, including harassment, on account of the person's age, race, color, ethnicity, gender, national origin, religion, creed, sexual orientation, or disability

       2. to hear student allegations of arbitrary, capricious or bad-faith grading procedures, such as a breach of anonymity, a professor's failure to read the examination, materially misleading examination terms, an examination wholly unrelated to course content, or other procedure that is egregiously unfair.

           The Probation and Grievance Committee shall have no jurisdiction to review the substantive grade decision of another faculty member, only to hear allegations challenging a faculty member's grading procedures. Prior to the filing of complaint with the Probation and Grievance Committee under this subdivision, a student shall make an appointment with the professor to review the examination. If after meeting with the professor, the student believes that jurisdiction may exist under this subdivision, the student shall make an appointment with the Associate Dean to review the matter. After meeting with the Associate Dean, the student may then file a complaint with the Probation and Grievance Committee under this subdivision. 

            An arbitrary grading procedure is not established by the absence of a model answer, the fact that the professor has not provided a written explanation of the grade provided, or by comparison of the grades with the grades for other papers. The Probation and Grievance Committee shall have no jurisdiction to re-evaluate, regrade, or rescore a student's examination. The Committee shall have jurisdiction to recommend relief under this subdivision only if the Committee finds that a faculty member's grading procedure was arbitrary, capricious, or in bad faith.

(b) Except as stated above, the Probation and Grievance Committee has no jurisdiction over grading or of the administration of rules and regulations of the law school.

(c) No decision of the Committee shall be made nor any hearing held unless there is a quorum present, which shall consist of a majority of the Committee membership. A majority of such quorum shall consist of full time tenured or tenure track faculty.

 

Part II

2.1

Complaints  (view)

2.2

Answer

After receipt of the complaint, any person against whom relief is sought, shall have 15 days in which to respond to the allegations in the complaint. In cases of hardship, the time to answer may be extended an additional 10 days. The response shall be in writing, filed with the Chair, and served upon the complainant.

2.3

Actions Upon Receipt of the Complaint  (view)

 

Part III

3.1

Conduct of Formal Hearings  (view)

3.2

Rights and Duties of the Complaint and Respondent At Formal Hearing  (view)

   

Part IV

4.1

Committee Decisions (view)

4.2

Reconsideration of Decisions  (view)

4.3

Appeal to the Faculty  (view)

4.4

Service

Service of all papers upon student parties shall be in ordinary mail and shall be effective upon mailing.

4.5

Confidentiality

(a) All members of the Probation and Grievance Committee shall keep in confidence all aspects of each case.

(b) All records of Committee proceedings shall be kept confidential, unless the Dean or the full faculty authorizes otherwise.

(c) Findings of discrimination shall be reported by the Associate Dean to the Office of Compliance of the University. 

 
 

Seton Hall University School of Law One Newark Center Newark, NJ 07102 888-415-7271 lawwebmaster@shu.edu

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