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Academic Policies
 
 
 

Grievance Procedure

The policies and procedures indicated below apply to grievance situations unique to graduate students, such as grievances involving:

  • specific graduate program requirements (including adequate academic progress and professional competence),
  • qualifying and comprehensive exams,
  • formation and composition of the thesis or dissertation committee,
  • final defense of the thesis or dissertation,
  • infringement of intellectual property.


Student Responsibilities

Before filing a formal grievance against a faculty who has failed to fulfill faculty responsibilities, a graduate student must have fulfilled the student responsibilities listed below:


Faculty Responsibility
Within 14 days of meeting with the student for an informal conflict resolution, the faculty shall propose a solution, preferaby in writing, to resolve the conflict.

Filing Deadline
If dissatisfied with the outcome of the informal conflict resolution, the student may file a formal grievance against the faculty by following the procedure below. A grievance must be filed no later than the end of the semester following the semester in which the conflict occurred. Since the Graduate Academic Grievance Committee does not convene during the summer, any grievance deriving from the spring semester or either summer session will be heard during the subsequent fall semester. Under extenuating circumstances, the Graduate Dean retains the authority to extend any deadline.


Filing Procedure

Step 1 — Filing of Grievance with Graduate Chair
If dissatisfied with the outcome from informal conflict resolution, the student may file a grievance with the graduate chair and provide a copy for the department chair, within 14 working days after receiving the response of the faculty. The student shall submit a written grievance that provides the info listed below:

  1. the facts from the student's perspective, citing specific date, time, place and violation where possible;
  2. the remedy sought;
  3. evidence and witness(es), if any;
  4. the solution proposed by the faculty.

The graduate chair (or designee) shall meet with the parties separately or jointly (if both parties agree) to discuss the grievance. Within 14 working days of receipt of the grievance, the graduate chair (or designee) shall complete all investigations and provide a written decision to the parties involved.

Step 2 — Appeal with Dean
If dissatisfied with the outcome in Step 1, the student may file an appeal in writing with the dean, within 14 working days after receiving the decision of the graduate chair. The dean (or designee) will review all written testimonies supplied by the parties involved and the graduate chair. Within 14 working days of receipt of the appeal, the dean (or designee) shall complete all investigations and provide a written decision to the parties and the graduate chair.

Step 3 — Appeal with Graduate Dean
If dissatisfied with the outcome in Step 2, the student may file an appeal in writing with the Graduate Dean, within 14 working days after receiving the decision of the dean. The Graduate Dean (or designee) will review all documents relevant to the appeal. Within 14 working days of receipt of the appeal, the Graduate Dean (or designee) shall complete all investigations and provide a written decision to the parties involved. If a satisfactory resolution is not reached, the grievance will be forwarded to the Graduate Academic Grievance Committee.


Graduate Academic Grievance Committee (GAGC)
The findings and decisions of the GAGC shall be final within the university. The GAGC has the authority to direct the execution of remedies.

Chaired by the Graduate Dean, the Graduate Academic Grievance Committee (GAGC) is a committee of the Graduate Council. For any given appeal, a sub-committee is formed, consisting of three council members who clearly have no conflict of interest and three graduate students, selected from a list of nominees submitted by the Graduate Student Organization.

Upon receipt of an appeal, the chair of the GAGC shall:

  1. transmit the appeal to the GAGC for discretionary review and recommendation; (Note: The presentation of an appeal is a request by the grievant for a hearing. However, should the GAGC decide that no reasonable case exists, on the basis of all records available to the committee, it reserves the right to refuse hearing the appeal.)
  2. notify all parties of the committee's action on the appeal;
  3. upon acceptance of the appeal, convene a hearing within 15 working days;
  4. waive any and all specific time deadlines for a specific period, when there is evidence that a good-faith effort to meet the deadlines has been made.

Upon scheduling a hearing, the chair of the GAGC shall:

  1. notify all parties in writing of the place, date and time of the hearing, at least 10 working days prior to the hearing;
  2. distribute to all parties a copy of the guidelines for conducting the hearing.


GAGC Hearing Guidelines
The GAGC shall adopt guidelines for the conduct of the hearing that shall include but are not limited to the following:

  1. The hearing shall be closed unless both parties agree in writing to an open hearing. Such an agreement must be reached at least one week prior to the hearing.
  2. In the event of a closed hearing, the chair of the GAGC shall determine which individuals shall be allowed entry and shall take all measures necessary to assure security.
  3. The chair of the GAGC shall be responsible for recording the hearing and maintaining order, and have the authority to rule on points of order.
  4. The grievant may have an adviser present, provided that notice of such intent and the name of the adviser are provided to the chair of the GAGC at least seven working days prior to the hearing. The other parties to the appeal shall be notified of such intent, and may, without notice, have an adviser present.
  5. The chair of the GAGC shall give notice that the burden of proof rests upon the grievant.
  6. Oral testimony and written evidence may be introduced. The chair of the GACC shall have the authority to exclude immaterial and/or unduly repetitious evidence.
  7. All parties shall have the right to present evidence and arguments on all issues involved and to present rebuttal testimony.
  8. All parties to the grievance and all members of the GAGC have the right to question witnesses.
  9. The GAGC is not constrained to information presented by parties to the grievance. The committee may secure information and documents relevant to any part of the grievance procedure. Confidential information, however, may be secured only with consent of the appropriate parties.
  10. Should the grievant fail to attend the hearing except for good and sufficient cause, the grievance shall be dismissed with prejudice.
  11. The deliberations of the GAGC after the receipt of all testimony shall be closed.
  12. After the GAGC has reached a decision, the chair shall provide all parties written notice of the committee's finding and decision. The Graduate Division and the Graduate Council shall receive copies of the notice.


GAGC Record Keeping
The chair of the GAGC shall keep a log of the hearing. The log shall include a brief notation as to the subject matter of the dispute but exclude personally identifiable information. This log shall be available in the Graduate Division. Other records to be maintained shall include but not be limited to: all pleadings, notices, rulings, evidence (including recordings of oral testimony), the report of the GAGC, and recordings of the hearing. All records shall be kept in the Graduate Division and will be available only to the parties to the grievance. Copies of any records will not be made unless requested and paid for by one of the parties.


Redress Beyond the University

Any party to the grievance may seek redress through a court of competent jurisdiction or an outside enforcement agency. Nothing in the university's Statement of Responsibilities of Faculty and Students and Graduate Academic Grievance Procedures for Graduate Students shall preclude any party from redress beyond the university.

 


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©University of Hawai'i at Mānoa • Graduate Division     2008-06-02
 

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