Grade Changes
The instructor of the course shall determine the grade to be awarded. The determination of the student’s grade by the instructor is final in the absence of mistake, fraud, bad faith, or incompetency. “Mistake” may include, but is not limited to errors made by an instructor in calculating a student’s grade and clerical errors. “Fraud” may include, but is not limited to inaccurate recording or change of grade by any person who gains access to grade records without authorization.
The removal or change of an incorrect grade from a student’s record shall only be done pursuant to Education Code 76232 or by an alternate method that ensures that each student shall be afforded an objective and reasonable review of the requested grade change.
If the procedure requires that a student first request a grade change from the instructor, provisions shall be made to allow another faculty member to substitute for the instructor, if the student has filed a discrimination complaint, if the instructor is not available or where the district determines that it is possible that there may have been gross misconduct by the original instructor.
Grades may not be changed for any reason or any circumstances after 36 months from the end of the term in which the grade was assigned.
In case of fraud, bad faith, or incompetency, the final determination concerning removal/change of grade will be made by the College President after consultation with the President of the Academic Senate or his/her designee. (SBCCD Administrative Procedure 4234)
Student Grade Appeals
According to California Education Code, Section 76224(a), when grades are given for any course of instruction taught in a community college district, the grade given to each student shall be the grade determined by the instructor of the course and the determination of the student’s grade by the instructor, in the absence of mistake, fraud, bad faith, or incompetence, shall be final. This means that no individual at the college has the authority to change a grade unless persuasive evidence is presented indicating mistake, fraud, bad faith or incompetence on the instructor’s part.
Informal Appeal Process
All attempts should be made to resolve the grade dispute at the lowest level possible; however, a student may proceed directly to the formal process.
Step 1: If possible, the student first meets with the faculty member who issued the grade; or, if the faculty member is no longer employed or working at the College, the student then meets with the Department Chair or designee to resolve the grade dispute. If resolved and a grade change is indicated, the instructor or designee completes a Grade Change Form.
Step 2: If unresolved in Step 1, the student then meets with the Department Chair or designee. If resolved and a grade change is indicated, a Grade Change Form is completed. If the dispute is not resolved then a formal appeal process can be initiated.
According to code, if mistake, fraud, bad faith, or incompetence is the reason for the grade dispute, the burden of proof lies with the student to produce facts that support this allegation, proceeding then to the formal process. If such evidence exists, the student must complete the Grade Appeal Form and make an appointment to see the Dean.
Formal Appeal Process
Step 1: The student meets with the Division Dean who will confer with the faculty member and/or Department Chair or designee, to attempt to resolve the grade dispute. If resolved and a grade change is indicated, the faculty member completes a Grade Change Form.
Step 2: Investigation: If the matter is not resolved, the student may submit the issue to the Director of Admissions and Records, in consultation with the Vice President of Instruction and appropriate instructional dean, where a full investigation will be conducted within 30 work days of the Step 2 filing date, and a determination made as to status of the grade dispute. During the investigation the student will be able to present evidence of mistake, fraud, bad faith, or incompetence of the instructor. The instructor will be able to provide evidence to support the grade. if the investigation shows fraud, bad faith, or incompetence, the investigative report will be provided to the Vice Chancellor of Human Resources for appropriate action. If a mistake has been made and a grade change is indicated, a Grade Change Form is submitted to Admissions and Records.
Step 3: Hearing: If the matter is not satisfactorily resolved and a grade change may be warranted because evidence shows fraud, bad faith, or incompetence, the student may request a formal hearing by the Grade Appeal Committee through the Office of Admissions and Records. The committee shall be comprised of the Vice President of Instruction, 2 faculty members, 2 students and one educational administrator (not of the division where the accused faculty member works). A meeting will be convened within five (5) working days (unless mutually agreed upon to delay). The student and instructor, if still employed, will be expected to attend the hearing. All attempts will be made to contact an instructor who is no longer employed by the college regarding the grade dispute. The Grade Appeal Committee will provide a written decision to the student within five (5) working days of the date of the hearing. The decision of the Grade Appeal Committee is final. If resolved, the Change of Grade Form, the Grade Appeal Form, the written summary of the investigation findings, and the written decision of the Grade Appeal Committee are submitted to Admissions and Records.