Rule XII: Rules of Procedure for Appeals (Non-Academic Standing)
A. Scope of Rules
- These rules only govern procedures for individual student appeals of final grades and academic rule waiver decisions. This Rule and other Rules within these Academic Rules & Regulations provide avenues for appeal from Academic and Administrative decisions. These expressly stated avenues for appeal are exclusive. By way of example and not limitation, the following final decisions on academic matters by the Dean, Associate Deans, or Assistant Deans are final and non-appealable:
- Request by a student to switch sections where different instructors are teaching sections of the same course;
- The number of transfer credits toward the UNH Law degree granted for course work taken at another approved law school.
B. Application for Appeal
- The written application for appeal must clearly state:
- The identity of the party seeking appeal;
- The final grade or academic rule waiver decision being appealed;
- The specific decision from which the appeal is taken;
- The specific grounds on which the appeal is based;
- The appellant’s argument for overturning the final grade or decision;
- Whether appellant wishes to personally appear before the faculty (for appeal of academic rule waiver decisions only).
C. Appeals from an instructor’s grade
- Students desiring to appeal an instructor’s final grade should do so to the Associate Dean for Academic Affairs of UNH Franklin Pierce School of Law. The decision for the appeal is final and unappealable.
- The burden is on the appellant to show unfairness.
- Unfairness takes place when an instructor awards an irrationally low grade that is unreasonable relative to the demonstrated grasp of the learning goals. Unfairness may affect the grade of more than one student.
- Proving unfairness is a substantial burden. For unfairness, the student must show that the instructor has exceeded professorial latitude in awarding a low grade, even if the instructor has treated others the same way.
- Stages of Final Grade Appeal
- The first stage of an appeal is for the appellant to show facts and standards that, if not successfully challenged, prove that the grade should be changed.
- In the second stage the instructor has the right to challenge the appellant’s facts or standards or combination thereof.
- The entire proceeding is conducted by an exchange of documents unless challenge to personal honesty requires a face-to-face meeting.
- Only a final course grade may be appealed.
- A written appeal must be delivered to the Associate Dean for Academic Affairs no later than the fifth week of the fall semester in the case of grades from spring or summer courses or the fifth week of the spring semester in the case of grades from fall courses.
D. Appeals for academic rule waiver decisions
- Students desiring an appeal for an academic rule waiver decision should do so to the Associate Dean for Academic Affairs within 2 weeks of the academic rule waiver decision.
- The Associate Dean for Academic Affairs will send a copy of the application for appeal and any written record to all faculty members.
- The appeal will be reviewed by the faculty at the next scheduled faculty meeting. The faculty will have at least one (1) week to review the appeal prior to the meeting.
- The decision from the faculty is final and unappealable.