The University of Utah Spencer Fox Eccles School of Medicine (UUSM) plays a vital role in providing first-rate medical professionals in Utah and throughout the western US.  UUSM has an excellent reputation as a medical school and research institution, as reflected in its rising rankings in various publications. Competition to enter UUSM is fierce, and this competition continues as students begin classes. When the United States Medical Licensing Examination (USMLE) moved from a numeric score to a pass/fail, medical school grades and faculty recommendations became critical to the decision-making of most residency programs. Students at UUSM understand that while official grading is pass/fail, unofficial transcripts are used for the MSPE and play a critical role in competition for residency positions.

If you have received a grade that does not fairly reflect your efforts or abilities at UUSM, you may have no choice but to file a grade appeal. The decision about whether to file a grade appeal is difficult, but the experienced attorneys of the LLF National Law Firm Education Law Team can help. The LLF National Law Firm Team is familiar with UUSM’s grading system and can counsel you on your rights and best practices. The LLF National Law Firm has a proven track record of representing medical students in grade and academic appeals, and we know how to present your case carefully and effectively.  Contact us today at 888-535-3686, or fill out our online form.

Trends in Medical School Grade Appeals

If you are a medical student who has received an inexplicable grade in a course or clerkship, you are not alone. In the past, grading decisions at medical schools were shrouded in mystery, and students accepted unfair grades as a cost of the profession. Times are changing, however, and medical students are increasingly demanding more accountability and transparency in grading decisions. At a school like UUSM, where students have both official and unofficial transcripts, it is vitally important to know and understand the grades on both. If you have received a low grade, it may significantly affect your ability to secure the residency of your choice. If you have been affected by a mistake in grading or an unfair or arbitrary grade, you may need to file a grade appeal.

Grading System at UUSM

Grading at UUSM exists on two levels: an external transcript and an “unofficial internal transcript.” The external transcript is on a pass/fail/incomplete basis and is maintained by the Registrar’s Office. The Office of Student Affairs maintains the unofficial internal transcript, and the grading in each class may vary. Typically, classes have a grading system as follows:

  • Honors (H)

  • High Pass (HP)

  • Pass (P)

  • Fail (F)

  • Incomplete (I)

These internal transcripts are pivotal because they are used to prepare the Medical Student Performance Evaluation (MSPE). The internal transcripts are submitted electronically to the Electronic Residency Application Service (ERAS) when students apply for residency positions.

Grade Appeal Process at Utah School of Medicine

The Utah School of Medicine allows students to appeal assigned grades if they are “arbitrary or capricious” or the result of discrimination. The grade appeal process follows the process provided for other sanction appeals in Policy 6-400, and the steps outlined in this policy:

Step One – Informal Discussion with Faculty/Instructor

The Utah School of Medicine requires that a student who believes a grade is arbitrary or capricious discuss the grade with the faculty member or instructor within 20 days. If the faculty member or instructor fails to take action within 10 days of this meeting, the student may begin the formal appeal of the grade.

Step Two – Formal Process to Department Chair or Dean

The student may appeal to the Department Chair or the Designee of the Dean of the Medical School within 40 days. This appeal will be in writing. The Chair or Designee is required to consult with the student regarding the facts and basis of the appeal. Within 15 days, the Chair or Designee must notify the student in writing of the determination. If they find the grade arbitrary or capricious, the Chair or Designee may take action to change the grade. If not, the student may take the appeal to the Academic Appeals Committee.

Step Three – Academic Appeals Committee

If the student is not satisfied with the Chair’s or the Dean’s Designee’s decision, the student may appeal to the Academic Appeals Committee within 15 days. The makeup and procedure for the Academic Appeals Committee are outlined in the Standards of Academic Performance Policy 6-410.

To overturn the earlier decisions, the Committee must determine that the grade was arbitrary or capricious. The Committee hears from the student and issues a written report containing its findings and recommendations. The Committee submits this report to the Dean of the medical school within 10 business days of the hearing.

Step Four – Review by the Dean of Medical School

The Dean will consider the Committee’s written report and take action within 10 days. The Dean may accept the Committee’s findings or may send the matter back to the Committee for further proceedings. Alternatively, the Dean may accept some parts of the Committee’s conclusions but change others. The Dean is required to notify the student and any other essential parties within 10 days.

Step Five – Appeal to the Executive Vice President for Health Sciences

The Dean’s decision may be appealed to the Executive Vice President for Health Sciences within 10 days. The appeal is made by filing a written notice and statement with the Executive Vice President and by serving a copy on the Dean. The Executive Vice President is allowed to solicit the advice of counsel and may accept, reverse, or modify the decision of the Dean or the Appeals Committee.

What are Typical Grounds of Grade Appeals?

The UUSM officially requires that a grade be arbitrary or capricious to be modified on appeal. The reasons a grade does not accurately reflect a student’s performance in a class can vary, but often it is because of simple, careless mistakes. The basis for a grade appeal will differ from case to case. Before beginning a grade appeal, the student should have some understanding of the basis for the appeal. The basis for the appeal should be clearly stated in all documents. The following are some common reasons that a grade might not accurately reflect student performance:

Math Errors or Errors in Calculating Grade

While this may be hard to believe for many students, a common reason for grading errors is simple miscalculation. When an instructor uses a highly complex grading system, it invites math errors and makes these errors more common.    

Record Keeping Errors

One reason for grade errors is the instructor failing to record when and whether assignments are submitted. Believing that the student failed to submit an assignment or handed it in late, the instructor mistakenly gave the student a lower grade than warranted. Students are sometimes dismayed that instructors fail to grade materials in a timely way or note that materials have been received. This delay or failure to accurately record student performance can lead to grading errors.  

Discrimination or Personal Dislike

While we would like to believe that a medical school instructor would be above discrimination and prejudice, this is often not the case. Sometimes grade decisions involve discriminatory assumptions about abilities that harm the student and the institution. The attorneys at the LLF National Law Firm can guide students through discrimination claims. At other times, an instructor may dislike a student and grade them arbitrarily or unfairly.  

Belated Allegations of Dishonesty or Cheating

During a grade appeal, an instructor may argue that they adjusted a grade downward because they suspected cheating or plagiarism. These belated allegations of academic cheating may blindside the student, who had no idea of the issue and no opportunity to defend themselves. While allegations of this kind are challenging to the student, the attorneys at LLF National Law Firm can effectively defend against accusations of academic dishonesty.  

Failure to Follow Syllabus or Grading Rubric

Some instructors fail to follow the class syllabus or grading rubric and instead grade on unanticipated and unpredictable materials. This can serve as the basis of a grade appeal.  

Whatever the reason for the grade appeal, a smart student will approach challenging a grade with caution and great care.  

Protecting Your Rights

If you are facing a medical student appeal, it is essential to have an experienced attorney from the LLF National Law Firm on your side. The attorneys on our team can help you:

  • Gather evidence for your appeal file.

  • Decide on the basis of the appeal and write a complete and effective appeal statement.

  • Guide you through the grade appeal process.

  • Negotiate on your behalf for a grade change.

Prepare you to give testimony at a hearing or interview.

The LLF National Law Firm Education Law Team has many existing relationships with medical schools across the country. This can significantly contribute to the early and informal resolution of your appeal. We have a record of success defending medical students in grade and academic appeals nationwide. Call the LLF National Law Firm at 888-535-3686 or fill out our online form, and we will contact you.  

University of Utah School of Medicine

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