APPENDIX III
Procedures for Termination of the Degree Program of a Graduate Student for Unsatisfactory Scholarship
When a program chair or program committee determines that the program of a graduate student must be terminated for unsatisfactory scholarship, the student must be given advance notice, in writing, which in general terms shall advise the student of the academic reasons for the termination. Examples of unsatisfactory scholarship may include, but are not limited to, inadequate GPA, failure to obtain satisfactory grades in required courses for the program, or failing the candidacy, comprehensive, or final oral examination.
Upon receipt of this notice the student has the opportunity to seek a review of the decision. If the student desires such a review, the student must, within ten days of receipt of the notice, submit a written appeal to the program chair. If the student alleges that discrimination including, for example, sexual harassment either was the reason for the termination or caused the unsatisfactory scholarship, and the discrimination or harassment was committed by an individual in a role of authority, such as an administrator, faculty member, instructor, teaching assistant or research assistant, the matter shall be referred to the Affirmative Action Office of the University, 328 Boucke Building, established to review such claims. If the Affirmative Action Office determines that the student’s allegation has merit, the Affirmative Action Office will manage the investigation and report back to the program chair and any other University office as appropriate. If the Affirmative Action Office determines that the student’s allegation is unfounded, the program chair then provides an opportunity for the student to meet with him/her and, if applicable, the program committee or other faculty involved in the decision to terminate the student's program.
If there is no allegation of discrimination within the written appeal, then the department head or program chair provides an opportunity for the student to meet with the faculty member(s) who made the decision to terminate the student’s program. This meeting must be held within 30 days of receipt of the student’s written appeal. (Under extraordinary circumstances, either party may request a stay to the 30-day time limit. A request for such a stay must include a justification and indicate the desired duration of the stay, and be directed to the Dean of the Graduate School, whose decision on the stay will be final.) Formal rules of evidence are not applicable to the meeting, and attorneys are not permitted to represent any person attending the meeting. If the student's faculty adviser would not otherwise be present (i.e., was not involved in the decision to terminate), the adviser should be permitted to attend this meeting if requested by the student or program chair, or if the adviser wishes to do so. The program chair is responsible for ensuring that minutes of the meeting are taken and copies distributed to all those in attendance.
Following this meeting, the program chair must notify the student within five (5) days, in writing, whether the termination decision has been sustained or reversed. If it is sustained, the program chair shall notify the Dean of the Graduate School.
Within five days of receiving this notice of termination for unsatisfactory scholarship, the student may make a written request to the Dean of the Graduate School for a further review of the decision. The standard of review by the Graduate School is whether the decision to terminate for unsatisfactory scholarship was arbitrary and capricious. The terms "arbitrary and capricious" mean that the decision to terminate is not supportable on any rational basis, or that there is no evidence upon which the decision may be based. The Graduate School does not review faculty judgments as to the quality of a student's academic performance, but only whether a program's decision was arbitrary and capricious.
Although not required to do so, the Dean of the Graduate School may meet with the student and/or program chair, or request additional information from the student and/or the program chair. If a meeting is held, the student may not be represented by an attorney but may have present a faculty adviser of his or her choice. The student is permitted to submit additional information or statements in writing.
After this review, the Dean of the Graduate School either sustains the termination and, at the discretion of the program, directs that it be entered on the student's transcript or requests additional information from the student and/or program chair or, only if he or she determines that the decision was arbitrary and capricious, reverses the decision and permits the student to continue in the program. The Dean of the Graduate School gives written notice of the decision to the program chair and to the student within three (3) weeks of receipt of the student's written request to the Dean. In the event of a reversal, such written notice shall contain a statement of the basis on which the decision was made.
A registration hold may be placed on the student's records while action is pending under these procedures.
Note: Nothing within this Appendix, nor within any portion of the Graduate Degree Programs Bulletin, is intended to constitute a contract nor contractual terms. No provisions of this Appendix, nor any portion of the Graduate Degree Programs Bulletin, shall confer contractual rights upon any parties. To the extent that the terms of this Appendix may be applicable to faculty or staff, the terms outlined herein do not constitute terms, benefits or conditions of employment. The terms set forth herein are subject to change unilaterally and without notice by University administration.
Approved by the Graduate Council, May 8, 2002.
Revised by special Ad Hoc Committee on Student-Related Policies, August 2005.
Revised by special Ad Hoc Committee on Student-Related Policies, April 2007.
Revisions by the Graduate Council Committee on Academic Standards, January 2008.