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Statements of Policy - UMUC Europe

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the student’s appeal, the appeal administrator will<br />

appoint a three-member ad hoc Arbitrary and Capricious<br />

Grade Appeal Committee (known as “Appeal<br />

Committee”). The Appeal Committee may be<br />

advised by legal counsel during this process. The<br />

appeal administrator or designee(s) will instruct this<br />

Appeal Committee to review the materials obtained<br />

during the inquiry conducted by the appeal administrator<br />

or designee(s).<br />

H. The Appeal Committee will conduct an investigation,<br />

which may include a fact-finding meeting, to<br />

obtain additional information. The appeal administrator<br />

or designee(s) will communicate with the student<br />

and faculty member and give them the<br />

opportunity to present any relevant evidence.<br />

I. If a fact-finding conference is held, the student and<br />

the faculty member will be entitled to participate. If<br />

the student is unable to participate, the student may<br />

submit questions in writing for the faculty member<br />

regarding how the grade was determined and the<br />

grading process. The student and faculty member<br />

may be accompanied by a representative, who may<br />

be an attorney, at the student’s or faculty’s own expense.<br />

Representatives may advise during the course<br />

<strong>of</strong> a fact-finding conference, but shall not personally<br />

participate. Parties who wish to be accompanied by<br />

an attorney must inform the appeal administrator in<br />

writing at least 5 calendar days before the scheduled<br />

date <strong>of</strong> the proceeding. Representatives may not appear<br />

in lieu <strong>of</strong> persons accused.<br />

J. After the investigation is complete, the Appeal Committee<br />

will deliberate and render a recommendation<br />

to the appeal administrator. If the Appeal Committee<br />

finds the allegation <strong>of</strong> arbitrary and capricious<br />

grading to be supported by clear and convincing<br />

evidence, the Appeal Committee will recommend<br />

an appropriate remedy to the appeal administrator.<br />

The appeal administrator will review the recommendations<br />

and render a decision. Appropriate remedies<br />

include:<br />

1. directing the faculty member to grade the student’s<br />

work anew;<br />

2. directing, if the student agrees to the action<br />

and the student has been made aware <strong>of</strong> the<br />

implications, that the course registration status<br />

be changed such that the grade does not affect<br />

the student’s grade point average;<br />

3. directing the cancellation <strong>of</strong> the student’s registration<br />

in the course with full tuition refund<br />

if no reasonable alternative is available; or<br />

4. directing that other action be taken.<br />

K. If the appeal administrator determines that arbitrary<br />

and capricious grading has not taken place, the student’s<br />

appeal will be dismissed. This constitutes the<br />

final <strong>UMUC</strong> action and is not itself appealable.<br />

L. Within 75 days <strong>of</strong> the student’s appeal, the appeal<br />

administrator or designee will notify the student and<br />

Appendices<br />

faculty member <strong>of</strong> the decision in writing. A copy <strong>of</strong><br />

the final decision will be filed in the student’s academic<br />

records and in the faculty member’s portfolio.<br />

Appendix G<br />

Code <strong>of</strong> Student Conduct<br />

I. Introduction<br />

A. In accordance with the Board <strong>of</strong> Regents <strong>Policy</strong> V-<br />

1.00 <strong>Policy</strong> on Student Affairs, approved on January<br />

11, 1990, disciplinary regulations are set forth in<br />

writing to give students general notice <strong>of</strong> prohibited<br />

conduct. <strong>UMUC</strong> reserves the right to take appropriate<br />

action to protect the safety and well-being <strong>of</strong> the<br />

<strong>UMUC</strong> community.<br />

B. Students may be accountable to both civil authorities<br />

and to <strong>UMUC</strong> for acts that constitute violations<br />

<strong>of</strong> law and <strong>of</strong> this Code. Disciplinary action at<br />

<strong>UMUC</strong> will normally go forward pending criminal<br />

proceedings and will not be subject to challenge on<br />

the ground that criminal charges involving the same<br />

incident have been dismissed or reduced.<br />

C. To encourage the development and growth <strong>of</strong> a supportive<br />

and respectful academic environment for all<br />

students, faculty, and staff, <strong>UMUC</strong> has created the<br />

Code <strong>of</strong> Civility, which is available at www.umuc.edu<br />

and in <strong>UMUC</strong> publications.<br />

D. In every case <strong>of</strong> alleged Code <strong>of</strong> Conduct violation,<br />

the burden <strong>of</strong> pro<strong>of</strong> rests with the complainant who<br />

must establish the guilt <strong>of</strong> the person accused by<br />

clear and convincing evidence. In cases where the<br />

complainant wishes to remain anonymous, the burden<br />

<strong>of</strong> pro<strong>of</strong> rests with the administrator. See Section<br />

VI. Standards <strong>of</strong> Due Process.<br />

II. Definitions<br />

When used in this code:<br />

A. The term “aggravated violation” means a violation<br />

that resulted, or foreseeably could have resulted, in<br />

significant damage to persons or property or that<br />

otherwise posed a substantial threat to the stability<br />

and continuance <strong>of</strong> normal <strong>UMUC</strong>- or University<br />

System <strong>of</strong> Maryland (USM)-sponsored activities.<br />

B. The term “cheating” means using or attempting to<br />

use unauthorized materials, information, or study<br />

aids in any academic exercise.<br />

C. The term “distribution” means sale or exchange for<br />

personal pr<strong>of</strong>it.<br />

D. The term “fabrication” means falsification or invention<br />

<strong>of</strong> any information or citation in an academic<br />

exercise.<br />

E. The term “plagiarism” means the presentation <strong>of</strong> another<br />

person’s idea or product as one’s own. Plagiarism<br />

includes but is not limited to the following:<br />

copying verbatim all or part <strong>of</strong> another’s written<br />

work; using phrases, charts, figures, illustrations, or<br />

mathematical or scientific solutions without citing<br />

the source; paraphrasing ideas, conclusions, or research<br />

without citing the source; or using all or part<br />

2004-2005 Undergraduate Catalog 131

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