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Graduate Handbook

APPENDIX A. GRADUATE STUDENT RIGHTS AND GRIEVANCE PROCEDURE

A. GRADUATE STUDENT RIGHTS AND RESPONSIBILITIES

  1. Every graduate student has:

    1. Freedom of inquiry, conscience, expression, and association and the right to petition for the redress of grievances.

    2. The right, to the extent permitted by law, to have any information about his or her opinions and associations unrelated to academic performance or assigned responsibilities that has been acquired by professors or administrators in the course of their work as instructors, advisors, or counselors held confidential at his or her request and not disclosed to others without his or her consent.

    3. Freedom from unfair treatment by faculty or administration in the assignment and evaluation of academic work toward the completion of requirements for a particular course.

    4. The right to due process in the conduct of proceedings pursuant to the provisions of this document or of any proceedings conducted under any other provisions of any other rule or regulation governing Kansas State University.

    5. The right to immunity from reprisal in the form of University disciplinary action or proceedings for seeking redress pursuant to the provisions of this document.

  2. Every graduate student is responsible for:

    1. The exercise of applicable rights and freedoms, as enumerated above, in a manner that does not materially and substantially interfere with the requirements of appropriate discipline in the operation of the institution nor infringe upon the rights of other students, faculty, or staff.

    2. Completing the requirements and meeting the standards of any course in which he or she is enrolled.

    3. Understanding the legal and ethical standards applicable to scholarship in general and to the student's discipline, and understanding the policies and procedures that the University has in place to ensure compliance with these standards.

B. GRADUATE STUDENT ACADEMIC GRIEVANCE PROCEDURES

The Graduate Handbook contains general rules and procedures governing graduate education developed by the Graduate Council. In addition, each graduate program may have more detailed departmental or program guidelines that specify how that degree program operates within general Graduate School policies, and what graduate students can expect during their graduate career. If departmental or program policies are inconsistent with Graduate School policy, the Graduate School policy is the overriding policy.

  1. Scope of Authority

    This policy is designed to resolve concerns and grievances brought by graduate students related to their graduate level academic program as more fully defined below. The formal grievance must be initiated within 6 months of the time that the graduate student knows of the matter prompting the grievance, or the graduate student relinquishes any opportunity to pursue the grievance. Under these procedures, a graduate student is any person who has been formally admitted as a graduate student at the time the alleged events leading to the grievance occurred. A grievance means a dispute concerning some aspect of academic involvement arising from an administrative or faculty decision which the graduate student claims is unjust or is in violation of his or her rights established through formal prior agreement. "Grievances" under this procedure shall include disputes over grades, course requirements, graduation/degree program requirements, and thesis and dissertation committee and/or advisor decisions.

    Non-academic conduct of graduate students is governed by the KSU Student Code of Conduct in the Student Life Handbook and the hearing procedures therein. The undergraduate grievance procedure, as described in Appendix A of the Student Life Handbook, applies to any academic matter involving an undergraduate student taking graduate courses. The Veterinary Medicine academic grievance procedures, as described in Appendix A of the Student Life Handbook, govern academic matters involving courses within the DVM degree. The K-State Honor & Integrity System, as described in the Student Life Handbook, governs issues of academic integrity. Allegations of misconduct believed to constitute discrimination, including sexual harassment as described and defined in the “Policy and Procedure for Discrimination and Harassment Complaints” in the University Handbook should be referred to the Affirmative Action Office or the Office of Student Life. Allegations of assault covered under the “Policy Prohibiting Sexual Violence” should be referred to the Office of Student Life.

  2. Definition of Terms

    1. Graduate Student - Under these procedures, a graduate student is any person who has been formally admitted into the Graduate School of Kansas State University and was enrolled as a graduate student at the time the alleged events leading to the grievance occurred.

    2. Grievance - A grievance means a dispute concerning some aspect of academic involvement arising from an administrative or faculty decision that the graduate student claims is unjust or is in violation of his or her rights established through formal prior agreement. "Grievances" under this procedure shall include disputes over grades, course requirements, graduation/degree program requirements, and thesis and dissertation committee and/or advisor decisions.

    3. Respondent - The person(s) against whom a grievance is being made.

    4. Working Days - For the purpose of this section a "working day" is defined as any weekday that is part of the regular nine-month academic calendar, including all days that classes are conducted and the period of final examinations. Legal holidays and the time when summer school is in session are excluded from the definition of "working day." However, if it is agreed to by all of the parties, a hearing can be conducted and/or the process completed during a vacation period.

  3. Guidelines for Administrative Review and Conflict Resolution

    1. The graduate student should attempt to resolve any grievance first with the faculty member, supervisory committee, or administrator involved.

    2. If, after earnest inquiry, the conflict remains unresolved, the graduate student should discuss the grievance with the department head/chairperson , or other immediate administrative superior of the respondent, the Academic Dean or his/her designee and , if pertinent, with any relevant departmental faculty member or committee. If the outcome of this conflict resolution process is successful, then the resolution shall be reduced to writing. The resolution should be signed by all participating parties to confirm their receipt of document. Copies of the signed resolution will be provided to the graduate student, respondent, administrative superior, and Academic Dean involved in the conflict resolution session. The official copy shall be sent to the Graduate School to be retained in the student's file.

    3. If the conflict resolution process is not successful, the Academic Dean and the Associate Dean of the Graduate School will confer within 10 working days to determine if further conflict resolution steps should be pursued. The outcome of this conferral will be shared in writing with all parties participating in 3b.

  4. Formal Grievance Procedure

    1. If the grievance is not resolved by the above discussions and the graduate student then chooses to pursue the matter further, the issue must be reduced to writing by the graduate student within 10 working days after the receipt of the outcome of 3c and sent immediately to the Associate Dean of the Graduate School. A Notice of Grievance form, available in the Graduate School or on the Graduate School website ( Word PDF) , must be submitted with the written statement. The written grievance shall include a clear, concise statement of the policy or policies/procedures violated, and the redress requested. The Associate Dean of the Graduate School shall forward a copy of the grievance to the respondent. Within 10 working days after receipt of the grievance, the respondent shall provide the Associate Dean of the Graduate School with a copy of his or her written response.

    2. Upon receipt of the written response, the Associate Dean of the Graduate School shall, within 10 working days, appoint an ad hoc grievance committee to hear and make a recommendation regarding the grievance. The Associate Dean of the Graduate School shall appoint, from the membership of the Graduate Council, a committee chair (without vote), and 3 committee members. A member of the Graduate School staff will be selected as secretary (without vote). Two graduate students will be appointed as committee members from a slate of nominees selected by the Graduate Student Council.

    3. The hearing shall be scheduled within 30 working days after the appointment of the ad hoc grievance committee barring extenuating circumstances.

    4. Guidelines for ad hoc grievance committee hearings

      1. Pre-hearing procedures

        1. Notice of the time and place of the hearing shall be given by the chair to the graduate student and the respondent not less than 10 working days prior to the hearing.

        2. The notice shall include the written grievance and the written response of the respondent.

        3. A copy of the procedures guiding the hearings as outlined in Step 2 Hearing (4 d2) shall accompany the notice.

        4. The following must be submitted by each party to the chair at least five working days prior to the hearing:

          1. A copy of all written supporting documentation that the party will present at the hearing,

          2. A list of witnesses to be called by the party (each party is responsible for ensuring that his/her witnesses are at the hearing), and

          3. The name of any advisor who will accompany the party to the hearing and whether the advisor is an attorney.

      2. Hearing

        1. The hearing will be conducted informally and the committee will have complete discretion in deciding any procedural questions that arise during the hearing.

        2. At the hearing, each party may be accompanied by an advisor, who may advise the party but not participate in the hearing.

        3. All hearings shall be closed except for parties to the grievance and their advisors unless the graduate student requests that the hearing be open. All parties are advised that the Committee routinely records the hearing for its own use.

        4. The committee will permit each party to present a brief opening statement of no more than 10 minutes.

        5. The evidence shall be presented by the graduate student and then by the respondent at the hearing.

        6. The parties and the committee shall have the opportunity to question all witnesses.

        7. The committee will accept any evidence, information, or testimony, which it feels is pertinent to the grievance and will help the committee understand and evaluate the issue(s) before it. The committee chair will determine the relevance and materiality of the evidence offered. Legal rules of evidence shall not apply.

        8. Following the presentation of evidence, the committee will permit each party to present a brief closing statement of no more than 10 minutes.

        9. The committee will meet in closed session to deliberate and recommend action to the Dean of the Graduate School on the grievance.

        10. Within ten (10) working days from the conclusion of the hearing, the committee will prepare a report that will serve as its recommendation to the Dean of the Graduate School. The report will contain the factual findings of the committee and the reasons for the recommendation. The Dean of the Graduate School will consider the committee’s recommendation and transmit a final decision to both parties within ten (10) working days of receiving the Committee’s recommendation.

  5. Enforcement of the Graduate School’s Decision

    The Graduate School has the authority to enforce the decision.