I. Faculty Obligations
A faculty member at UPJ accepts an obligation, in relation to his or her students, to discharge his or her duties in a fair and conscientious manner in accordance with the ethical standards generally recognized within the academic community.
Without limiting the application of the above principle, members of the faculty are also expected (except in cases of illness or other compelling circumstance) to conduct themselves in a professional manner, including the following:
1. To meet their classes when scheduled.
2. To be available at reasonable times for appointments with students, and to keep such appointments.
3. To make appropriate preparation for classes and other meetings.
4. To perform their grading duties, and other academic evaluations in a timely manner.
5. To describe to students, within the period in which a student may add and drop a course, orally, in writing, or by reference to printed course descriptions, the general content and objectives of a course; and announce the methods and standards of evaluation, including the importance to be assigned various factors in academic evaluation and, in advance of any evaluation, the permissible materials or references allowed during evaluation.3
6. To base all academic evaluations upon good-faith professional judgment.
7. Not to consider, in academic evaluation, such factors as race, color, religion, sex, sexual orientation, age, national origin, and political or cultural affiliation, and life style, activities, or behavior outside the classroom unrelated to academic achievement.4
8. To respect the confidentiality of information regarding a student contained in University records; and to refrain from releasing such information, except in connection with intra-University business, or with student consent, or as may be permitted by law.5
9. Not to exploit their professional relationship with students for private advantage; and to refrain from soliciting the assistance of students for private purposes in a manner which infringes upon such students' freedom of choice.
10. To give appropriate recognition to contributions made by students to research, publication, service, or other activities.
11. To refrain from any activity which involves risk to the health and safety of a student, except with the student's informed consent, and, where applicable, in accordance with the University policy relating to the use of human subjects in experimentation.
12. To respect the dignity of students individually and collectively in the classroom and other academic contexts.6
II. Grievance Procedures
Any member of the University community having evidence may bring to the attention of the division chair and/or VPASA a complaint that a faculty member has failed, in one or more respects, to meet faithfully the obligations set forth above. The division chair or VPASA, in his or her discretion, will take such action by way of investigation, counseling, or action—in accordance with applicable University procedures—as may appear to be proper under the circumstances. The faculty member's and student's interest in confidentiality, academic freedom, and professional integrity in such matters will be respected.
III. Individual Grievances
In order to provide a means for students to seek and obtain redress for grievances affecting themselves individually, the following procedures should be followed. These are not intended and shall not be used to provide sanctions against faculty members.
IV. Procedures
Where an individual student alleges with particularity that the actions of a faculty member have resulted in serious academic injury to the student, the matter shall (if requested by the student) be presented to the AIRB for adjudication. Serious academic injury includes, but is not necessarily limited to, the awarding of a lower course grade than that which the student has earned, or suspension from a class. However, this is not intended to address normal grading decisions of faculty in exercising good-faith professional judgment in evaluating student work.
It is the responsibility of the student, before seeking to have a grievance adjudicated, to attempt to resolve the matter by personal conference with the faculty member concerned, and, if such attempts are unavailing, to call the matter to the attention of the division chair and then to the Associate Vice President for Academic Affairs (AVPAA) for consideration and adjustment by informal means. If a matter remains unresolved after such efforts have been made, the following grievance procedures shall be employed:
1. The aggrieved student will file a written statement of charges with the Associate Vice President for Academic Affairs (AVPAA), who serves as the Academic Integrity Administrative Officer at UPJ.
2. If the AVPAA determines that the charges are subject to adjudication under the terms of the Academic Integrity Guidelines, he or she will transmit the charges to the faculty member, together with a copy of these regulations. A decision that the charges are not subject to adjudication under Academic Integrity Guidelines may be appealed to the VPASA.
3. The letter of transmittal to the faculty member, a copy of which shall also be sent to the student, will state the composition of an ad hoc committee that has been named to meet with the involved parties to make an informal inquiry into the charge. The purpose of this committee is to provide a last effort at informal resolution of the matter between the student and the faculty member.
4. The committee shall meet with the faculty member, the student, and others as appropriate, to review the nature of the problem in an attempt to reach a settlement of the differences. This is not a formal hearing and formal procedural rules do not apply. On completion of these meetings, if no mutually agreeable resolution results, the committee may produce its own recommendation for a solution to the conflict.
5. Should the committee recommend that the faculty member take some corrective action on behalf of the student, its recommendations shall be provided to the faculty member. As promptly as reasonable and at least within five working days after the faculty member receives the recommendations of the committee, the faculty member shall privately take that action which he or she elects, and so advise the student and the committee of that action.
6. Should the committee conclude that the faculty member need take no corrective action on behalf of the student, this finding shall be forwarded to both the faculty member and the student.
7. If the student elects to pursue the matter further, either because he or she is dissatisfied with the resulting action of the faculty member or the conclusion of the committee, he or she should discuss this intent with the AVPAA who should review the procedures to be followed with the student. If the student wishes to proceed with a formal hearing, the AVPAA shall advise the AIRB Chair that the case appears to involve a student's claim of serious academic injury, and that the formal hearing procedure must be initiated.
8. The formal hearing should provide a fair inquiry into the truth or falsity of the charges, with the faculty member and the student afforded the right to cross-examine. At the AIRB level, legal counsel shall not be permitted, but a representative from within the University community shall be permitted for both faculty and students.
9. A suitable record (audio recording) shall be made of the proceedings, exclusive of deliberations to arrive at a decision.
10. The proposed decision, which shall be written, shall include a determination whether charges have been proved by clear and convincing evidence, together with findings with respect to the material facts. If any charges are established, the proposed decision shall state the particular remedial action to be taken.
11. The proposed decision shall be submitted to the Vice President for Academic and Student Affairs (VPASA), who will make an independent review of the hearing proceedings. The VPASA may require that the charges be dismissed, or that the case be remanded for further proceedings whenever he or she deems this to be necessary. The VPASA may limit the scope of any further proceedings or require that part or all of the original proceedings be reconvened. Upon completion of such additional proceedings, if any, the VPASA shall issue a final decision. The VPASA may reject any findings made by the AIRB, dismiss the charges, or reduce the extent of the remedial action to be taken. If the VPASA believes remedial action to be taken may infringe upon the exercise of academic freedom, he or she will seek an advisory opinion from the UPJ Faculty Senate Council before issuing his or her own decision. The decision of the VPASA shall be in writing, shall set forth with particularity any new findings of fact or remedies, and shall include a statement of the reasons underlying such action.
12. The VPASA shall then transmit to the faculty member and to the student copies of all actions affecting them taken by the hearing authority and the VPASA. Suitable records shall be maintained as confidential and retained in the office of the VPASA.
V. Remedial Action
Remedies in a student's behalf should usually be those agreed to willingly by the faculty member. Other remedial action to benefit a student may be authorized by the VPASA only upon recommendation of the AIRB and limited to: Allowing a student to repeat an examination; allowing a student to be evaluated for work that would otherwise be too late to be considered, directing that additional opportunities be afforded for consultation or instruction; elimination of a grade that had been assigned by a faculty member from the transcript; changing of a failing letter or numerical grade to a "pass" or "satisfactory" grade, so as to not adversely affect a student's grade average; allowing a student to repeat a course without paying tuition or any other penalty, schedule and program permitting.
If some action is contemplated that might be deemed to infringe upon the academic freedom of the faculty member, the VPASA will seek an advisory opinion from the UPJ Faculty Senate Council. In such cases, the Faculty Council may identify other acceptable remedies or render such advice as may be appropriate in the particular situation.
No action detrimental to the faculty member will be taken, except as in strict accordance with established University procedures. An adjustment hereunder in the student's behalf shall not be deemed a determination that the faculty member was in any way negligent or derelict.
VI. Review and Appeal
A student or faculty member may seek to have a VPASA's final decision (or a determination that the charges are not subject to adjudication) reviewed by the UPJ President, who may choose to convene a review board whose recommendations may be made to the President. The action taken with or without the advice of a review board shall constitute an exhaustion of all required institutional remedies.
If any such determination may be deemed to have a possible adverse effect upon the faculty member's professional situation, the faculty member may seek the assistance of the Faculty Council.
VII. Timeliness
It is the responsibility of all parties, including administrative officers, to take prompt action in order that grievances may be resolved quickly and fairly. While no explicit time limit could apply to all cases, failure to use diligence in seeking redress may constitute grounds for denial of a hearing or other relief, especially if prejudice results. Parties have the right to seek review by the UPJ President within five (5) working days of the date of the decision letter.