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The following opinion is presented on-line for informational use only and does not replace the official version. (Mich Dept of Attorney General Web Site - www.ag.state.mi.us)



STATE OF MICHIGAN

FRANK J. KELLEY, ATTORNEY GENERAL


Opinion No. 5993

October 8, 1981

COMMUNITY COLLEGE DISTRICTS:

Changing of grades of student

A community college administrator or the community college district board of trustees may change a student's grade on a paper or in a course without the consent of the faculty member who assigned the grade, provided the changes are made in accordance with internal regulations of the community college district.

Honorable David Hollister

State Representative

The Capitol

Lansing, Michigan

You have requested my opinion on the following questions:

'1. Does an administrator at a community college or a community college Board of Trustees have the right to change a student's grade on a paper or in a course without the faculty member's consent?

'2. If so, under what circumstances is it appropriate to change a student's grade without the faculty member's consent?

'3. In such a circumstance, who has the burden of persuasion?'

The Legislature has authorized the establishment of community college districts by enacting the community college act of 1966, 1966 PA 331; MCLA 389.1 et seq; MSA 15.615(101) et seq. Community college districts are operated by community college boards of trustees which have the authority to establish and operate schools, departments, and courses of study as authorized by 1966 PA 331, supra, Sec. 121. Westshore Community College v Manistee County Board of Commissioners, 389 Mich 287, 302-303; 205 NW2d 441, 449-450 (1973). To that end, community college boards of trustees may employ teachers and administrators. 1966 PA 331, supra, Sec. 124. Finally, community college boards of trustees have the authority to adopt bylaws, rules, and regulations for the government of community college districts. 1966 PA 331, supra, Sec. 125(d).

In Maitland v Wayne State University, 76 Mich App 631; 257 NW2d 195 (1977), the plaintiff obtained reinstatement, by a court order, to the Wayne State University Medical School. In that case, the Court of Appeals implicitly recognized the authority of the governing body of the institution of higher education to provide internal administrative review and appeal procedures for the determination of students' grades. Maitland, supra, 76 Mich App, at 633; 257 NW2d, at 197.

The United States Supreme Court has also recognized the authority of public institutions of higher education to establish internal review and appeal procedures for evaluating the academic performance of students. Board of Curators of the University of Missouri v Horowitz, 435 US 78, 80-82; 98 S Ct 948; 55 L Ed 2d 124 (1978).

In Simmons v Budds, 165 Conn 507; 338 A2d 479 (1973); cert den, 416 US 940; 94 S Ct 1943; 40 L Ed 2d 291 (1974), a professor brought suit to compel university administrators to restore the grades the professor had originally given certain students. The administrators had changed the grades, without the professor's consent, for the reason that the professor had failed to follow the grading procedures adopted by the university senate.

In denying relief to the professor, the Connecticut Supreme Court relied upon the statutory authority of the governing body of the university to make rules for governing the university and sustained the delegation of such authority to the university senate. Further, the court rejected, as without merit, the professor's assertion that the grade changes violated his rights under the due process and equal protection clauses of the Fifth and Fourteenth Amendments to the Constitution of the United States.

It is my opinion, therefore, that a community college administrator or a community college board of trustees may, in accordance with internal regulations, change a student's grade on a paper or in a course without the consent of the faculty member who assigned the grade. (1)

In your second and third questions, you inquire as to what circumstances would warrant the change of a student's grade without the faculty member's consent, and who has the burden of persuasion in such situation. No blanket answer is possible. Rather, the appropriate circumstances for changing a student's grade without the faculty member's consent depend upon the internal rules and regulations of the community college district. Further, such rules and regulations may determine who has the burden of persuasion when the student seeks a grade change that is opposed by the faculty member who assigned the grade.

Frank J. Kelley

Attorney General

(1) See also OAG, 1981-1982, No 5879, p 124 (April 17, 1981), which concluded that the grading of pupils by a public school teacher is subject to the supervision and direction of the superintendent of schools and the board of education of a fourth class school district, including the changing of a grade, when appropriate, without the teacher's consent.

 


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