(As Approved by the Graduate Council of the Fogelman College April 17, 2002, and amended
May 1, 2002)
A retention appeal to the College on the part of a graduate student is initiated on
the part of the student by informing the Dean of the Fogelman College of Business
and Economics in writing. The Dean’s Office then refers the appeal to the Graduate
Council. The following procedures serve as the basis for the Graduate Council’s actions
on behalf of the Fogelman College.
The Graduate Council, excluding ex-officio members, will hear the appeal. For the
purpose of a PhD student retention appeal, the PhD Sub-council Chairperson will chair
the Council. For a master student appeal the Masters Sub-council Chairperson will
chair the Council. If the designated Sub-council Chair cannot chair the hearing the
other Sub-council Chair will do so. The Associate Dean for Academic Programs will
act on the Council’s behalf in receiving all relevant information and communicating
with all relevant parties as discussed below.
According to university policy the date for the hearing must be set and all parties
notified within 15 class days of receipt of the student’s request for a hearing.
We interpret all parties at this point to be the student, the Department Chair and
the Department Committee.
In the notification of the date and time of the hearing, the Council will request
all relevant information pertaining to the appeal including the student’s initial
departmental appeal, the departmental response (which includes any record of deliberations
of the examination committee, the department committee and any written response to
the student on the part of the department by the department chair) and the student’s
request to the Graduate Council for an appeal hearing and any supporting materials
provided by the student up to that point. Any of the parties may provide additional
supporting evidence or request, in writing providing rationale and justification,
that other relevant individuals provide materials or testimony on their behalf. The
Graduate Council will determine the relevancy of additional testimony and may or may
not request the participation of the other named individuals at the hearing itself.
If the Department Chair, any member of the Department Committee or any individual
providing written evidence or testimony to the Council is also a member of the Council,
they will be recused from the hearing.
All materials received by the Graduate Council will be distributed to all parties
in a timely fashion. If additional witnesses on the behalf of any party are requested
the Graduate Council will notify them of the hearing and procedures for participating
at this time.
All parties will have the opportunity for presenting the facts, as they understand
them. The Council will have already reviewed all documents and presentations should
be succinct and to the point. All presentations will be formal presentations or rebuttal
and responses to questions at prescheduled times. There will be no debate, but any
participant may ask for a clarification of a statement or allegation with the consent
of the Chair of the Council. Initial presentations will be limited to no more than
15 minutes. Rebuttal and closing remarks will be limited to no more than ten minutes.
The order of the hearing will be: student presentation, department committee presentation,
Department Chair presentation, presentation by additional witnesses, questions to
each by Council members, rebuttal by the student, rebuttal and closing remarks by
the department committee, rebuttal and closing remarks by the Department Chair, recall
of witnesses and other parties for questions by the Council if necessary, rebuttal
and closing remarks by the student.
All presenters and witnesses will be excused from the hearing. Based on the evidence
and testimony provided, the Graduate Council will determine whether or not there is
a basis for overturning the retention decision of the Department. In the event that
there are remaining questions, any of the parties involved may be called back for
additional information or clarification of testimony. After all deliberation has taken
place the final decision will be based upon the majority vote of the Council members
present at the hearing, with the Chair voting only to break a tie or force a tie,
on the following motions. Motion A: “Upon reviewing all evidence and hearing all
testimony the Graduate Council has determined that there is no cause for overturning
the retention decision of the Department and the Graduate Council does not reinstate
the student in the program.” If and only if this motion fails the Council will consider
Motion B: “Upon reviewing all evidence and hearing all testimony the Graduate Council
has determined that there is appropriate cause to overturn the retention decision
of the Department and hereby reinstates the student in the program.” The Graduate
Council will convey the outcome to all parties within seven class days. The Graduate
Council will make no other recommendations concerning the appeal at this time, only
to overturn the retention decision of the Department or not. The Dean’s Office will
also inform all relevant parties of the opportunity for appeal.