Graduate Student Appeals Process

I. Rationale

The purpose of this document is to outline procedures for an appeal and to specify recourse available to graduate students who believe that decisions have adversely influenced their progress in graduate school. It is the intent of Ball State University to address and resolve fairly and expeditiously appeals of graduate students. Students should refer to the Code of Student Rights and Responsibilities for more information.

II. Parties in the Appeal

The two parties in the appeal process shall include the appellant and the decision makers representing the unit having made the original adverse decision to be appealed, hereafter referred to as the “decision makers.”

III. Basis for an Appeal

Graduate students may appeal adverse decisions impacting their progress toward a graduate degree. There are three permissible reasons to request an appeal:

•  Allegation of violation of approved departmental, collegiate, and/or university policies, including those set forth in the Graduate Catalog. 

•  Allegation of unfair treatment on the part of the decision makers.

•  Allegation of discriminatory treatment on the part of the decision makers.

Grade appeals should be conducted according to the process outlined in Section 6.5 of the Code of Student Rights and Responsibilities.

When an appellant alleges violation of approved departmental, collegiate, or university policies, including those set forth in the Graduate Catalog, then he or she must cite the specific policies that the decision makers failed to follow. When filing an appeal, the appellant must also provide a summary of the way(s) in which the policies were violated and how such violation(s) adversely affected the appellant. 

Unfair treatment is defined as decisions that are arbitrary or capricious or are clearly not supported by the evidence. When an appellant alleges unfair treatment on the part of the decision makers, then he or she must cite the specific treatment engaged in by the decision maker. When filing an appeal, the appellant must also provide a summary of the reasons why the decision in question was clearly not merited by the evidence available to the decision makers and must also attach to the summary specific and detailed evidence in support of the reasons listed in the summary.

Discriminatory treatment is defined as decisions based upon constitutionally or statutorily prohibited reasons, including unlawful discrimination. When an appellant alleges discriminatory treatment on the part of the decision maker(s), then he or she must cite the specific treatment engaged in by the decision maker(s). When requesting an appeal, the appellant must also provide a summary of the prohibited reasons upon which he or she believes the decision was based. These prohibited reasons are contained within the Ball State University anti-discrimination policy. The appellant must provide a detailed summary of the evidence that supports the appellant’s allegation.

When a request for reconsideration or appeal is filed that alleges discriminatory treatment on the part of the decision makers, a representative from the Office of University Compliance shall serve in an advisory capacity to the committee or hearing panel at each level of appeal.

IV. Actions of the Appellant

Appeals must be considered first at the departmental (if no appropriate department, appeal goes directly to the college) and college level before being forwarded to the Graduate Education Committee (GEC). Graduate students must initiate an appeal by submitting a formal written request for the adverse decision to be reviewed to the department chairperson (or college dean, if appropriate) within 10 working days of the date of the adverse decision.

V. Actions of the Department

If a request for an appeal is determined to have an appropriate claim by the department chairperson in consultation with the graduate program director or designate, then the appellant’s decision maker(s) will reconsider the adverse decision. The appellant’s decision maker(s) will render a decision within 15 working days of the department’s receipt of the request for an appeal. Within five working days of the decision, the outcome will be communicated in writing to the student, the department chairperson, and the program director or designate.

VI. Appeal of Adverse Decisions

A graduate student may appeal an adverse departmental decision to the appropriate college dean’s office. The appellant must submit a formal written request for a college appeal within 10 working days of the date of the adverse department decision. Within 15 working days of the receipt of the appeal in the college dean’s office, the decision of the college dean must be communicated in writing to the appellant, the department chairperson, and the program director or designate.

Following adverse decision at the college level, a graduate student may appeal said decision by submitting a formal written request to the dean of the Graduate School within 10 working days of the notification of the adverse decision. The dean of the Graduate School will forward the appeal to the Graduate Education Committee (GEC) for resolution.

VII. Actions of the Graduate Education Committee

Upon receipt of a formal appeal, the Executive Committee of the GEC will review the request (See III for required materials). At the discretion of the Executive Committee, a determination will be made regarding the disposition of the request for appeal based only on the permissible reasons outlined in III above. Under all circumstances the Executive Committee will make the final determination of the status of the appeal within 10 working days of its receipt. There are no appeal procedures beyond the appeal to the Executive Committee of GEC.

Before an appeal can be considered, the appellant must show that alleged violations of the department, college, university, or Graduate School are a substantial failure to follow stated policies which negatively impacted academic progress.

If the Executive Committee of GEC determines that the appeal should go forward, it will appoint a Graduate Appeals Panel and establish an appeals file. The stakeholders, including the appellant, at least one department and one college representative, and the members of the Graduate Appeals Panel, must be given at least 10 working days notice of the hearing date, time, and place. The burden of proof is upon the appellant.

VIII. Graduate Appeals Panel

The Graduate Appeals Panel shall consist of three graduate faculty members and two graduate students. A designee of the dean of the Graduate School shall serve as a nonvoting ex officio member.

The members of the panel shall elect one of the three graduate faculty members as the panel chair. The graduate faculty members and graduate students serving on the panel shall not be members of the departments or colleges from which the appeal originates, nor shall they have a demonstrated conflict of interest in regards to the appeal.

IX. Graduate Appeals Hearing

Within 15 working days of receipt of a written appeal by the Graduate Appeals Panel, a hearing will be conducted with the Graduate Appeals Panel, the appellant, witnesses for the appellant, representative(s) of the decision makers, and other witnesses with direct information about the appeal (unless an extension is granted by the Executive Committee of the GEC).

The chairperson of the Graduate Appeals Panel shall conduct the hearing with a view for generating a complete understanding of the circumstances surrounding the appeal. As such, each party shall be granted up to 30 minutes of testimony to present relevant information to the panel. Parties may not question each other directly but may pose questions in writing to the panel chairperson, who may disallow the questions. The chairperson may also disallow documentation or witnesses. A testifying witness may only be in the hearing room when he or she is testifying or when the testifying witness is being questioned following rebuttal. The student shall be given the option of presenting first or second. Following the presentations, each party may request an additional five-minute rebuttal. Following the rebuttal, members of the panel may question the parties and witnesses to clarify relevant details. The hearing may not be audiotaped or videotaped. The chairperson of the Graduate Appeals Panel will designate a secretary from the panel to keep minutes of the proceedings.

Immediately following the hearing, the Graduate Appeals Panel will consider the evidence and judge whether additional information is needed to inform its recommendation. Within five working days of the hearing, the panel must offer a written recommendation to the dean of the Graduate School whether to grant or deny the appeal. Copies of the recommendation must also be provided to the appellant, the decision makers, the dean of the college, and the chairperson of the Graduate Education Committee. The dean of the Graduate School must specify a recommended course of action to the appropriate parties.

X. Attendance at Hearing

In addition to the appealing party, the decision makers, and the members of the Graduate Appeals Panel, the following persons and no others will be permitted to attend the hearing: one current student or one full-time university employee invited by the appellant and one full-time university employee invited by the decision makers to assist the respective parties. Both parties may invite non-testifying witnesses, but said witnesses must be approved in advance by the Graduate Appeals Panel. Other university-affiliated person(s) whose presence is required for the hearing may also be approved by the Graduate Appeals Panel.

XI. Use of Witnesses for the Hearing

The appealing party or the decision makers may call witnesses as necessary. Witnesses must be affiliated with the university. The time used by the witness in her/his initial testimony shall be counted as part of the allotted time of the person who calls that witness. Time spent answering any questions by the other party or the Graduate Appeals Panel shall not be counted as part of the time allotted to the person who calls the witness.

The Graduate Appeals Panel may call or recall persons to give additional testimony concerning the issues involved in the case.

XII. Materials Used in Hearing

The appellant must provide copies of any previous departmental and college rulings. The student must also provide a written statement outlining the basis of the appeal and provide any supporting documentation, not to exceed a total of 20 pages.

The decision makers may present materials, not to exceed a total of 20 pages, no less than five days prior to the hearing. All records and decisions generated by the appeal shall be retained in the appeals file which shall reside in the office of the dean of the Graduate School for a period of 10 years, after which they shall be shredded.

XIII. Confidentiality of Appeal Hearing

The Graduate Student Appeals Panel members shall not retain in their possession any personal files, materials received during the appeal procedure, or notes taken during the meetings of the Graduate Student Appeals Panel. All copies of said materials shall be returned to the Graduate School by the Appeals Panel chairperson and shredded.

No party, Graduate Student Appeals Panel member, or other participant or observer in the appeal procedure shall reveal any facts, documents, or testimony gained through participating in or observing the hearing to any other person, unless required by a court of law to do so or upon the advice of the university’s legal counsel.

XIV. Additional Procedures

The chairperson of the Graduate Student Appeals Panel, in consultation with the chairperson of the Graduate Education Committee or his/her designee and under specific, compelling facts, may modify procedures or establish additional procedures for the conduct of hearings in order to ensure that they are conducted in a fair and orderly manner, provided that such procedures shall not be inconsistent with the procedures stated herein. Whenever possible, all parties must be notified of any modifications and additions to procedures in advance of the hearing.

XV. Withdrawal of an Appeal

The appellant may submit a written request to withdraw the appeal at any time. The appeal file will be disposed in accordance to Section XII of this document.

XVI. Finality

The decision of the appeal by the dean of the Graduate School will be final. There are no appeals procedures at the university beyond the dean of the Graduate School.