University Appeals Board Questions & Answers

The President of the University appoints the members, with the student members being recommended by the legislative branch of the Student Government Association. 

The President of the University appoints the Hearing Officer.  This appoinment is for a three-year term and the Hearing Officer may be reappointed.  The term of appointment begins on September 1, and ends on August 31.  The Hearing Officer shall be a person with training in the law.

The jurisdiction of the Appeals Board is based on authority conferred by the University Senate Rules and the UK Code of Student Conduct. 

A quorum is eight members, excluding the University Hearing Officer, and not less than five shall be faculty members.

The Hearing Officer has no authority to cast a tie breaking vote.

A simple majority vote is required to decide a case.

Allegations of violations of student's rights are the most common basis for appeals. Allegations of cheating or plagiarism may also be appealed. 

Upon receiving an appeal packet from the Academic Ombud, the Chair of the Appeals Board circulates a number of possible time slots for conducting the hearing to the pool of members of the Appeals Board in an attempt to ascertain which would yield a quorum. When a suitable time slot has been identified, the appealing student and the other parties to the appeal, e.g., involved faculty, department chair, etc., are notified of the date, time, and location. 

The appealing student is asked to describe what he or she is appealing and the basis for the appeal. An attempt is made to allow the student to complete this opening statement without interruption other than for clarifying questions. At the conclusion of the student’s statement, members of the Appeals Board are given an opportunity to direct questions to the student. Upon the conclusion of this phase of the hearing, the faculty member is asked to provide his or her perspective on the matter.  Members of the Appeals Board may then direct questions to the faculty member. Once that is completed, the Appeals Board members may then direct additional questions to the student, and the student is offered the opportunity to present further evidence.  Customarily, the student is asked to answer the question, “What is your preferred outcome or result from this process?”  The hearing is adjourned and the Appeals Board deliberates the case with a decision reached before calling the next case.

The appeal can be denied and the grade originally awarded stands. The appeal can be upheld and the grade can be changed to another letter grade (A, B, C, D, E or F) or a grade of P as well as a W can be assigned.

It has no affect one way or the other on a student’s GPA. 

The general rule at UK is that a course required for one’s degree curriculum cannot be taken on a pass/fail basis; only electives may be taken on a pass/fail basis. However, if the grade of P was assigned by the University Appeals Board for a required course, that course will count toward graduation requirements, including core and major requirements.

The Chair attempts to notify the student the same day via email. Shortly thereafter, an official decision letter will be mailed to the student with a copy to the faculty member.

Yes, the student may be accompanied by a relative, representative, friend, or witnesses.  The Hearing Officer should be informed at least five calendar days in advance if the student is bringing a relative or friend, representative or witness(es).

Yes, and the Hearing Officer must be informed at least five calendar days in advance of the hearing. 

They will receive copies of the appeal packet assembled and forwarded by the Academic Ombud. The student and faculty member will also receive a copy of this same information from Academic Ombud Services.

The student has the burden of proof in an appeal challenging a grade. The faculty member has the burden of proof in a case alleging cheating or plagiarism. 

Yes, if the case is an allegation of an academic offense.  No, if it is a case based on other factual situations.  If the Academic Ombud concludes that the case lacks merit, the student will be notified of that decision and given instructions on how to appeal the Ombud's decision directly to the University Appeals Board. In such circumstances, the student has 30 days to appeal the Ombud's no-merit determination.  The University Appeals Board will then address the issue of whether the case should be heard. 

The goal is to have the case documents in the hands of the Appeals Board members at least one week in advance of the hearing with at least one weekend available for reviewing the materials.

The appeal documents are sent only to the members of the Appeals Board who will actually be hearing the case.

The Hearing Officer retains one set for the University’s official records; Academic Ombud Services retains one copy for five years.  All other copies remain in the hearing room and are destroyed immediately after the hearing.

Yes, members are recommended by the University Senate Council and are to be “broadly representative of the University community.”

No, the hearings are conducted in an informal fashion designed to facilitate revealing the facts of the matter without becoming unduly burdened by constraining rules.

Yes, an audio tape recording is made of the testimonial phase of all hearings. The recorder is not turned on for the Appeals Board’s deliberations.

No, only the Chair and members of the Appeals Board may ask questions of the student or faculty member.  If a student or faculty member wishes to recommend a question to be asked of the other, the suggestion can be written down and relayed to the Chair.

The Chair sends a copy of the decision letter to the University Registrar with a request that the student’s transcript be modified in accordance with the decision of the Appeals Board.

Senate Rules require the student, complainants (instructor, chair, responsible deans),  and the Academic Ombud are notified.  If the decision requires a change to the student's transcript, the Registrar is notified.  If a penalty of suspension or harsher was recommended initially, the Chair will also notify the Provost.

Yes, and that is encouraged so the flow of the proceedings can be reviewed and the hearing location identified.

The Chair of the University Appeals Board.

It is impossible to anticipate the length of a particular hearing.

A very inaccurate estimate is one hour.

Yes, that is permitted.

The hearings are not adversarial; rather, they are intentionally informal to facilitate fact-finding by the Appeals Board.

No, the decision of the University Appeals Board is final.

There is a provision in the Code of Student Conduct that gives the University Appeals Board authority to hear appeals of certain grievances. In those cases, the opening statement is made by a representative of the University to explain the matter as well as prior administrative decisions and actions.

A hearing is closed unless the appealing student requests that it be open. Often, the hearings involve matters of academic record or issues related to one’s health that individuals would prefer not to be aired in a public forum.

Yes.

Appeals Board members hear the case, discuss it, make a motion, and then vote on the motion. A simple majority is required to adopt the motion. 

Yes.

The student and faculty member should bring any and all documents related to the issues, e.g., syllabi, copies of tests, quizzes, papers, email chains, etc.  In short, anything and everything one thinks might have bearing on the issue at hand.

No, it is not necessary to get ‘dressed up.'  Casual office attire is appropriate.

No, it does not. All activities are conducted from the faculty office of the Hearing Officer who is Chair of the Appeals Board.

Yes, the rules specifically authorize that, with exceptions when patient/client contact or outside agencies are involved in the student's educational experience.

Yes.