12/20/16, 2/2021 BOT approved
Appeal of a Progressions Committee Disciplinary Action
The disciplinary action of the Progressions Committee may be appealed to the next higher body, the MTSA Appeals Committee. The standard procedure of an appeal is as follows:
- In all cases, the request for an appeal must be submitted in writing to the Program Administrator within four (4) MTSA business days of written notice of the Progressions Committee decision. If the fourth day falls on a legal or School holiday, the time is extended to the next regular MTSA business day. Regular business days for MTSA are Monday through Thursday.
- All written documentation from the appellant must be submitted for the Appeals Committee’s consideration within the same time provided for filing a request for an appeal (4 MTSA business days). Within 12 MTSA business days of the receipt of a written request for an Appeals Committee hearing, the President will designate an Appeals Committee according to administrative policy of MTSA. The Appeals Committee will meet and make a decision within 12 MTSA business days after the designation of the Appeals Committee. This time may be extended by MTSA administration for good cause.
- The Appeals Committee will review the request for appeal together with any written documents and other supporting evidence to determine if the appeal presents a substantial question within the scope of review. The scope of review shall be limited to the following:
- Appropriateness of the Penalty: In cases appealing the appropriateness of the penalty, the Appeals Committee shall uphold the penalty unless the penalty is shown to be “clearly unreasonable” or arbitrary (i.e., “that which has been clearly and fully proven to have no sound basis or justification in reason.”).
- New Evidence: In cases appealed on grounds of new evidence, the student(s) must show that such evidence is material to the decision of the Appeals Committee on issue of the charges and the findings and that said evidence could not have been discovered with due diligence prior to the original hearing.
- Due Process: In cases appealed on grounds of denial of due process, the student(s) must demonstrate that the Progressions Committee’s process at the initial hearing was not conducted in conformity with properly prescribed procedures. The student(s) must also show that the alleged discrepancy was materially averse to the student(s) interest.
- The decision of the Appeals Committee shall be final. Any reconsideration of the decision will be remanded to the Progressions Committee.
- Appeal of a Final Course Grade
MTSA maintains a grade appeal and due process protocol. Students of MTSA have the right to appeal a final course grade they consider to have been assigned unfairly, or the grade was derived in a different manner than was outlined in the course syllabus. The faculty members of MTSA have the responsibility of assigning final course grades according to the course syllabus and grading rubrics. Should a disagreement occur about a grade assignment, it is the intention of MTSA to uphold the integrity of both students and faculty. This appeal process is not intended to weaken the work of the faculty. This grade appeal process does not apply to any dismissal from MTSA related to academic standing.
- Within 5 MTSA business days after posting of final grades: The student must email a request to meet with the course instructor (to the instructor’s MTSA email address), to discuss how the grade was assigned. After this meeting, if the student and faculty member agree the grade was appropriately assigned, the appeal process ends, and the final grade will stand as posted. If the issue is still unresolved, the student may continue to the next step of the grade appeal process.
- Within 5 MTSA business days after receiving decision from Instructor: The student must file the written grade appeal form, (available by electronic request from the Office of Vice President of Academics) supporting documents, and the written decision of the instructor, to the Office of Vice President of Academics. The Office of Vice President of Academics will have five MTSA business days to review the appeal and supporting documents. The Office of Vice President of Academics may also ask to meet with the student and/or the course instructor for clarification of information, or additional information that may be deemed necessary. The decision of the Office of Vice President of Academics will be emailed (via MTSA email addresses) to the student and course instructor.
If student is not satisfied with the resolution of their appeal, they can request to be heard by the next meeting of the Progressions Committee. If the grade the student received causes dismissal from the program, an ad hoc Progressions Committee may be requested.