West Virginia
University at Parkersburg Board of Governors
POLICY
D-47
STUDENT
ACADEMIC RIGHTS AND RESPONSIBILITIES
Section
1.
General.
1.1.
Scope. Policy regarding academic rights and responsibilities
of students at West Virginia University at
Parkersburg.
1.2.
Authority. W. Va. Code §18B-1-6; §18B-2A-4
1.3.
Effective Date. December 15,
2006
(Transferred from WVU Board of Governors
on July 1, 2008)
1.4
Purpose: The purpose of this policy is to
identify and define certain academic rights and responsibilities of students at
West Virginia University at Parkersburg, as well as certain processes and
procedures related thereto. For
information relating to student disciplinary or behavioral matters, see WVU at Parkersburg Board of Governors Policy No.
D-46, "Code of Student Conduct." For information relating to
failure to withdraw from a class, failure to meet deadline for payment of fees,
registration procedures, or failure to meet deadline for application to
graduate, contact the Vice President for Student Services’ office.
Section
2. Definitions
2.1 “Student” means any person who has been admitted
to West Virginia University at Parkersburg to pursue a course of study, who is
currently engaged in an institutionally sponsored activity, and who has some
right or privilege to be on the campus or in the facilities of the institution,
or to use the same, in connection with study, or who yet has some right or
privilege to receive some benefit or recognition or certification from the
institution, under rules, regulations, or policies of the West Virginia
University at Parkersburg Board of Governors or the
institution.
2.2 “Cheating” includes, but is not limited
to: (1) giving or receiving of any unauthorized assistance in taking quizzes,
tests, or examinations; (2) dependence upon the aid of sources beyond those
authorized by the instructor in writing papers, preparing reports, solving
problems, or carrying out other assignments; (3) the acquisition or use, without
permission, of tests or other academic material belonging to a member of the
Institution’s faculty or staff; or (4) engaging in any behavior specifically
prohibited by a faculty member in the course syllabus or class
discussion.
2.3 “Plagiarism”
includes, but is not limited to, the use, by paraphrase or direct quotation, of
the published or unpublished work of another person without full and clear
acknowledgment. It also includes
the unacknowledged use of materials prepared by another person or agency engaged
in the selling of term papers or other academic materials.
Section
3. Academic
Rights
3.1
Each student shall be graded or have
his/her performance evaluated solely upon performance in the course work as
measured against academic standards. The student shall not be evaluated
prejudicially, capriciously, or arbitrarily. The student shall not be graded nor
shall his/her performance be evaluated on the basis of his/her race, sex, age,
disability, veteran status, religion, sexual orientation, color, or national
origin.
3.1.1
Each
student shall have the right to have any academic penalty imposed upon him/her
in accordance with this policy, reviewed as further described
herein.
3.1.2 Each
student shall have access to a copy (available online or in print) of the
college catalog or program brochure in which current academic program
requirements are described (e.g., required courses, total credit requirements,
time in residence requirements, special program requirements, minimum grade
point average, probation standards, professional standards, etc).
3.1.3 Each
student has the right to receive from the instructor written descriptions of
content and requirements for any course in which he/she is enrolled (e.g.,
attendance expectations, special requirements, laboratory requirements including
time, field trips and costs, grading standards and procedures, professional
standards, etc.).
Section
4. Academic
Responsibilities
4.1 A
student, by voluntarily accepting admission to the institution or enrolling in a
class or course of study offered by the institution, accepts the academic
requirements and criteria of the institution. It is the student's responsibility
to fulfill course work and degree or certificate requirements and to know and
meet criteria for satisfactory academic progress and completion of the
program.
4.2 A
student shall be subject to any applicable penalties for failure to comply with
the academic requirements and standards promulgated by the institution and/or
its constituent academic units. Students are expected to adhere to these
academic standards in all academic settings, classrooms, laboratories, clinics
and any other activities which are part of academic
requirements.
Section
5. Academic
Penalties
5.1 A student who fails to meet the
academic requirements or standards referenced above, including, but not limited
to, course, program or graduation criteria, and the prohibition against academic
dishonesty (such as, cheating and plagiarism), may be subject to one or more of
the following academic penalties:
5.1.1 A lower
grade or failure of the course, or exclusion from further participation in the
class, all of which may be imposed by the instructor.
5.1.2
Denial
of admission into a program within the institution.
5.1.3
Academic
probation, which consists of a written reprimand for failure to meet specified
requirements or standards. Academic probation is for a designated period of time
and includes the probability of more severe penalties if the student fails to
meet any requirements or standards during the probationary
period.
5.1.4
Academic
suspension, which consists of the separation of the student from the program or
college for a definite period of time not to exceed one year, after which the
student is eligible to return. Conditions for readmission may be
specified.
5.1.5
Academic
dismissal or expulsion, which is defined as termination of student status,
including any right or privilege to receive some benefit or recognition or
certification. A student may be dismissed or expelled from a limited enrollment
program and remain eligible to enroll in courses in other programs at the
institution, or a student may be dismissed or expelled from the institution and
not remain eligible to enroll in other courses or programs at the
institution.
Section
6. Academic Hearing
Procedures
6.1 The
instructor, Division chair, or the Institution, as the case may be, shall give
written notice to the student (1) of his/her failure to meet or maintain an
academic standard, (2) of the methods, if any, by which the student may correct
the failure, and (3) of the penalty which may be imposed therefor.
6.2 If
a penalty is imposed, the student must likewise be informed thereof by written
notice. Within thirty (30) days of
receipt of such notice, the student may request, in a writing submitted to the
Senior Vice President for Academic Affairs, a meeting with the instructor,
Division chair, or other individual responsible for the imposition of penalty
(the “Responsible Party”), to discuss the information forming the basis therefor.
6.3 If
the matter cannot be mutually resolved at the above-referenced meeting, the
student may request, in a writing submitted to the Senior Vice President for
Academic Affairs within thirty (30) days of the meeting, a formal hearing on the
matter before a Hearing Panel, as further described herein. A time for such hearing shall be set by
the Senior Vice President for Academic Affairs, not fewer than five (5) nor more than fifteen (15) calendar days after receipt of the
student’s written request for a hearing. Maximum time limits for scheduling of
hearings may be extended at the discretion of the Senior Vice President for
Academic Affairs, where adherence to such limits would be
impracticable.
6.4 Hearings
shall be conducted in private except as otherwise authorized by the Senior Vice
President for Academic Affairs. The
Responsible Party, the student and their respective advisors, if any, shall be
allowed to attend the entire portion of the hearing at which information is
received (excluding deliberation). Admission of any other person to the hearing
shall be at the discretion of the Hearing Panel and/or the Senior Vice President
for Academic Affairs.
6.5 The
Responsible Party and the student shall each have the right to bring, at his or
her own expense, an advisor to the hearing. Except as otherwise expressly set forth
herein, the advisor must be a member of the college community. Each of the
Responsible Party and the student is responsible for presenting his or her own
case and, except as otherwise expressly set forth herein, advisors are not
permitted to speak or to participate directly in any hearing before a Hearing
Panel. In cases where academic dismissal or expulsion is likely to be sought in
connection with charges of academic dishonesty, the advisor may be an attorney
who may directly participate in the hearing, provided the Senior Vice President
for Academic Affairs is notified of such at least two weekdays in advance of the
hearing.
6.6 The
Responsible Party, the student and the Hearing Panel may arrange for witnesses
to present pertinent information to the Hearing Panel. The Responsible Party,
the student and the Hearing Panel may ask relevant questions to a witness, or a
party to the hearing. This will be
conducted in a format identified by the chairperson of the Hearing Panel. The chairperson of the Hearing Panel
shall have the authority to decide any questions regarding relevancy or
admissibility that may arise during the hearing.
6.7 After
the hearing, the Hearing Panel shall determine, by majority vote, whether the
student has failed to meet the requirements or standards at issue, and whether
the penalty or penalties imposed are warranted as a consequence
thereof.
6.8 There
shall be a single record, such as a tape recording or summary notes, of all
hearings before a Hearing Panel (not including deliberations). Deliberations
shall not be recorded. The record shall be the property of the college. Access
thereto shall be provided only in compliance with the Family Educational Rights
and Privacy Act (20 U.S.C. 1232g), and in accordance with any other applicable
terms set forth by the Senior Vice President for Academic Affairs.
Section
7. Academic Hearing Committee and
Panels
7.1 All
academic hearings are to be heard by a Hearing Panel, composed of two (2)
faculty members and one (1) student, selected from the membership of the
Academic Committee, as further described below.
7.1.1
The
Academic Committee, consisting of five (5) faculty members and five (5)
students, is named each year, as follows:
a.
The
Faculty Senate shall nominate ten (10) faculty members to serve on the Academic
Committee and forward those nominations to the Senior Vice President for
Academic Affairs at the start of each Fall Semester.
b.
Student
Government shall nominate ten (10) students to serve on the Academic Committee
and forward those nominations to the Senior Vice President for Academic Affairs
not later than September 15 of each year.
c.
The
Senior Vice President for Academic Affairs shall select five (5) persons from
each list, for a total of ten (10) members.
7.2 Each
student nominated for membership on the Academic Committee must meet the
following conditions:
7.2.1
He/she
must have earned thirty (30) or more hours of academic credit at the time of
appointment.
7.2.2
He/she
must have maintained a minimum 3.0 cumulative grade point average or
higher.
7.2.3
He/she
must be available to serve on the Academic Committee at any time in the ensuing
year, including all times when classes are not scheduled.
7.3
In connection with the assignment of a Hearing Panel, the two parties to
the hearing shall have the opportunity to strike names from the Academic
Committee, alternating choices with the student striking first. Each remaining member of the Academic
Committee shall recuse him/herself if, for any reason,
his/her ability to render an unbiased decision is compromised.
Section
8. Academic
Appeals
8.1 A
decision reached by a Hearing Panel may be appealed by the Responsible Party or
the student to the President or his/her designee within thirty (30) calendar
days of the decision. Such appeals
shall be in writing and shall be delivered to the Senior Vice President for
Academic Affairs or his/her designee, who will deliver the notice of appeal and
the hearing records to the President for review.
8.2 Except
as required to explain the basis of new evidence, an appeal shall be limited to
review of the record of the initial hearing and supporting documents for one or
more of the following purposes:
8.2.1
To
determine whether the original hearing was conducted fairly in light of the
charges and evidence presented, and in conformity with prescribed
procedures.
8.2.2
To
determine whether the decision reached regarding the student was based on
substantial evidence.
8.2.3
To
determine whether the sanction(s) imposed were appropriate for the violation
which the student was found to have committed.
8.2.4
To
consider new evidence, sufficient to alter a decision or other relevant facts
not brought out in the original hearing, because such evidence and/or facts were
not known to the person appealing at the time of the original
hearing.
8.3 The
President or his /her designee shall respond to the appeal, and deliver his/her
decision thereon, within thirty (30) days of his/her receipt of such appeal,
except where adherence to such time period would be impracticable, in which case
such time period shall be extended as warranted by the particular
circumstances.
8.4 If
an appeal is upheld by the President or his/her designee, the matter shall be
remanded to the original Hearing Panel for re-opening of the hearing to allow
reconsideration of the original determination and/or sanction(s). If an appeal
is not upheld by the President or his/her designee, the matter shall be
considered final and binding upon all involved.