Capricious
Grading
The
Capricious Grading Policy will be used by students appealing an
allegedly capricious grade. Any student who wishes to appeal a
final course grade which the student feels was capriciously given,
may appeal the grade no later than the beginning of the second
week of the following academic term. A capricious grading proceeding
is an internal hearing process, not a legal process, and no external
representation is allowed. Throughout the process, the Dean/Chief
Administrative and Academic Officer shall be available as resource
and all matters, written and oral, will be considered confidential.
Use of the Capricious Grading Policy is limited to the
following conditions:
| a. |
The
assignment of a grade to a particular student on some basis
other than performance in the course. |
| b. |
The
assignment of a grade to a particular student by more exacting
or demanding standards than were applied to other students
in that section. |
| c. |
The
assignment of a final course grade to a particular student
by a substantial departure from the instructor's standards
announced during the term which are not uniformly applied
to others in the class. |
PROCESS
| 1. |
The
student will meet with the instructor no later than the beginning
of the second week of the following term. The goal of the
meeting is to reach a mutual understanding of the assigned
grade. |
| 2. |
If,
after consulting the instructor, the student maintains that
a grade is capricious, within five (5) business days, the
student shall confer with the Associate Dean. The Associate
Dean shall attempt to resolve the conflict to the satisfaction
of all parties after consultation with the student and instructor,
either together or separately. |
| 3. |
If after
step 1 & 2 the matter is not resolved, then the student
may proceed with a written appeal of the alleged capricious
grade. |
| 4. |
The
student shall present a written appeal to the Associate Dean
no later than five (5) business days after the meeting with
the Associate Dean as stated in item 2. |
| 5. |
Upon
receipt of the student's written appeal, the Associate Dean
will notify the faculty member and the Dean/Chief Administrative
and Academic Officer of the written appeal and request a written
statement from the faculty member within five (5) business
days. |
| 6. |
Thereafter,
the Associate Dean adjudicates the matter and notifies both
parties of the decision within (5) business days. |
| 7. |
If resolution
is not reached to the satisfaction of both parties, the student
and faculty member may, within five (5) business days, appeal
the decision of the Associate Dean to the Judicial Board and
initiate the appeal process. |
The
Judicial Board consists of three faculty members elected at large
by the Faculty Organization annually in May for the next academic
year, and two students elected annually in August by the Student
Organization. A faculty and student alternate member are elected
by their respective organization to serve if needed. The
committee will meet annually in August to elect one faculty committee
member to serve as chair and one to serve as secretary and to
review the capricious grading process and judicial committee appeal
process. The Dean/Chief Administrative and Academic Officer
will serve as resource, except in the case where the grievance
is against the Dean/Chief Administrative and Academic Officer
. In that case, a member of the College Board Academic Affairs
Committee will be appointed by the chair of the College Board
to serve as resource. All members of the Judicial Board,
including the resource, are to be present thoughout each meeting.
APPEAL
PROCESS
| 1. |
The
Chair of the Judicial Board will convene a meeting of the
Judicial Board including the Dean/Chief Administrative and
Academic Officer within seven (7) days of the appeal unless
extraordinary circumstances dictate otherwise. The Chair
of the Judicial Board will notify each committee member and
the Dean/Chief Administrative and Academic Officer in writing
of the time, date, place and purpose of meeting. The
purpose of this meeting is to review the letter defining the
issue alleged to be a capricious grade. If agreed that
the issue meets the conditions necessary to be heard as a
capricious grade allegation, the committee will identify anticipated
parties and information needed and will agree on the date
and time of the hearing and procedures to be followed. |
| 2. |
The
Chair will ask each involved party to submit a written account
of th alleged capricious grade, as well as all information
directly pertaining to the case, to the Chair of the Judicial
Board. |
| 3. |
The
Chair will notify all named parties as well as each committee
member and the Dean/Chief Administrative and Academic Officer
in writing of the time, date, and place of the hearing, allowing
at least five (5) business days for adequate preparation including
review of all submitted documents. |
| 4. |
The
Chair will ensure that submitted materials will be available
for review by all committee members. |
| 5. |
The
Chair of the Judicial Board will inform all parties that an
opportunity for oral testimony by all involved parties will
be given during the hearing. |
| 6. |
The
Judicial Board will call on other faculty and students when
necessary in order to assure fairness. |
| 7. |
The
Judicial Board will deliberate on the information presented,
written and oral. |
| 8. |
The
secretary of the Judicial Board will prepare minutes of each
alleged capricious grade meeting and hearing to be filed in
the office of the Dean/Chief Administrative and Academic Officer. |
| 9. |
Within
seven (7) days the Chair of the Judicial Board will submit
a final written report to all named parties and the Dean/Chief
Administrative and Academic Officer based on a majority decision.
The report will state each issue, resolutions and recommendations. |
| 10. |
Recommendations
will be subject to final review by the Dean/Chief Administrative
and Academic Officer and actions will be implemented upon
approval of the Dean/Chief Administrative and Academic Officer. |
THE
FINAL APPEAL
All decisions of the Judicial Board and actions as approved by
the Dean/Chief Administrative and Academic Officer may be appealed
to the College Board whose decisions are final.
Sexual
Harassment
Saint
Anthony College of Nursing is committed to creating and maintaining
an atmosphere at the College in which the administration, faculty,
students, and staff can work and learn free of all forms of harassment,
exploitation, or intimidation. Sexual harassment, like harassment
on the basis of race, age, disability, or religion, is a form
of discrimination expressly prohibited by law. Sexual harassment
is a violation of Title VII of the Civil Rights Act of 1964, of
Title IX of the Education Act Amendments of 1972, and of the Illinois
Human Rights Act. Saint Anthony College of Nursing will not tolerate,
condone, or subject anyone to sexual harassment. In addition to
being illegal, sexual harassment violates the dignity of the individual
and the integrity of the College as an institution of learning.
Academic freedom can exist only when each person is free to pursue
ideas in a non-threatening, non-coercive atmosphere of mutual
respect. Accordingly, Saint Anthony College of Nursing has adopted
the following policy which applies to everyone.
It
is against the policies of Saint Anthony College of Nursing for
any employee, in any employment capacity or role, or student,
whether male or female, to sexually harass another by:
| a. |
making
unwelcome sexual advances, requests for sexual favors or any
other verbal or physical conduct of a sexual nature a condition
of an employee's continued employment; or |
| b. |
making
submission to or rejection of such unwelcome conduct the basis
for any employment or academic decision; or |
| c. |
creating
an intimidating, hostile or offensive working environment
by such unwelcome conduct. |
Sexual
harassment includes behavior which is personally offensive and
which interferes with the working or learning effectiveness of
its victims and their co-workers or classmates. Such behavior
may include:
| a. |
sexually-oriented
verbal kidding or abuse. |
| b. |
subtle
pressure for sexual activity. |
| c. |
unwelcome
physical contact. |
| d. |
demands
for sexual favors, which may be accompanied by implied or
overt promises of preferential treatment or by threats concerning
an individual's employment or academic status. |
Further,
Saint Anthony College of Nursing prohibits “Sexual Harassment
in Higher Education” as is set forth in the Illinois Human
Rights Act.
The
Human Rights Act defines “higher education representative”
to include:
The
president, chancellor, or other holder of any executive office
on the administrative staff of an institution of higher education,
and any member of the faculty of an institution of higher education,
including but not limited to a dean or associate or assistant
dean, a professor or associate or assistant professor, and a full
or part time instructor or visiting professor, including a graduate
assistant or other student who is employed on a temporary basis
of less than full time as a teacher or instructor of any course
or program of academic, business or vocational instruction offered
by or through an institution of higher education.
The
Human Rights Act defines “student” to include:
Any
individual admitted to or applying for admission to an institution
of higher education, or enrolled on a full or part time basis
in a course or program of academic, business or vocational instruction
offered by or through an institution of higher education.
Based
on the definitions above, Saint Anthony College of Nursing prohibits:
Any
unwelcome sexual advances or requests for sexual favors made by
a higher education representative to a student, or any conduct
of a sexual nature exhibited by a higher education representative
toward a student, when such conduct has the purpose of substantially
interfering with the student's educational performance or creating
an intimidating, hostile or offensive educational environment;
or when the higher education representative either explicitly
or implicitly makes the student's submission to such conduct a
term or condition of, or uses the student's submission to or rejection
of such conduct as a basis for determining:
| 1. |
Whether
the student will be admitted to an institution of higher education; |
| 2. |
The
educational performance required or expected of the student; |
| 3. |
The
attendance or assignment requirements applicable to the student; |
| 4. |
The
courses, fields of study or programs, including honors and
graduate programs, to which the student will be admitted; |
| 5. |
The
placement or course proficiency requirements that are applicable
to the student; |
| 6. |
The
quality of instruction the student will receive; |
| 7. |
The
tuition or fee requirements that are applicable to the student; |
| 8. |
The
scholarship opportunities that are available to the student; |
| 9. |
The
extracurricular teams the student will be a member of or the
extracurricular competitions in which the student will participate; |
| 10. |
The
grade the student will receive in any examination or in any
course or program of instruction in which the student is enrolled; |
| 11. |
The
progress of the student toward successful completion of or
graduation from any course or program of instruction in which
the student is enrolled; or |
| 12. |
The
degree, if any, the student will receive. |
An
employee or student who believes that he or she has been sexually
harassed should immediately make a verbal or written complaint
to the College Dean, Assistant Dean or Faculty Advisor who are
all available to counsel any employee or student with concerns
of this nature. The College will immediately undertake a thorough
investigation of all such complaints. In all cases, the investigation
will be conducted by personnel not involved in the alleged harassment
and with the utmost privacy and confidentiality. Saint Anthony
College of Nursing encourages the use of this sexual harassment
policy when necessary and assures its employees and students that
they need not fear reprisals for so doing.
If,
after thorough investigation, the College finds that any higher
education representative, supervisor, agent, or employee has sexually
harassed or discriminated against another employee or student,
it will take immediate corrective action, including appropriate
disciplinary action, against the party engaging in the harassing
conduct. The College will take whatever action is needed to prevent,
stop, correct or discipline behavior that violates this policy.
Disciplinary action may include, but is not limited to, oral or
written warnings or dismissal for students. Faculty or staff disciplinary
action may include, but is not limited to, oral or written warnings,
demotion, transfer, suspension, or dismissal.
An
aggrieved individual may file a charge of sexual harassment with
the Illinois Department of Human Rights (the “Department”)
and/or the Federal Equal Employment Opportunity Commission (the
“EEOC”). The Department and/or the EEOC will usually
assign an investigator to the claim to determine whether there
is sufficient evidence to support the allegations of sexual harassment.
In order to be timely, such charge must be filed within one hundred
eighty (180) days of the alleged harassment (if filed with the
Department) or within three hundred (300) days of the alleged
harassment (if filed with the EEOC).
The Illinois Department of Human Rights is located at:
ILLINOIS
DEPARTMENT OF HUMAN RIGHTS
100 W. Randolph Street
James R. Thompson Center, Suite 10-100
Chicago, IL 60601
(312) 814-6200
THE
ILLINOIS HUMAN RIGHTS COMMISSION IS LOCATED AT:
Illinois Human Rights Commission
State of Illinois
100 W. Randolph Street
James R. Thompson Center
Suite 5-100
Chicago, IL 60601
(312) 814-6269
THE
EEOC IS LOCATED AT:
Equal Employment Opportunity Commission
500 W. Madison St.
Suite 2800
Chicago, IL 60661-2511
(312) 353-2713
