Saint Michael's College

The Role of the Advisor

Academic Advising is a teaching responsibility of the Faculty.

Such a designation recognizes that advisors have a responsibility which transcends preparing students for course enrollment. Because students are individuals, it is difficult to define the ideal advisor except in ways which allow responsiveness to the individual qualities of their advisees. The work of advising is to help students learn to effectively take control of the decisions which shape their academic career and prepare them for the future. The responsibilities fall into four basic areas.

Background: Advisors should be accessible to advisees, knowledgeable about College academic policies, and treat advisees with respect and care in helping them to define their advisees academic strengths and weaknesses.

Deep Academic: In general preparation for academic planning, advisors should help advisees explore long term college and post-college educational goals as well as examining career options.

Surface Academic: In preparation for registration, advisors should understand the basic procedures for registration and requirements toward graduation as well as monitoring progress toward degree completion. Advisors should jointly explore course selection with their advisees.

Skill Development: Advisors should work to help students develop the ability for systematic planning, making decisions after gathering information and choosing options, and understanding their development as a "learner."

These responsibilities can be applied to the variety of decisions which each student will make over the course of their undergraduate career.

What you and your advisee should do.

Legal Issues and Academic Advising: The academic advisor is on the "front line" of the College in dealing with students. It is a critical position, and the success or failure of the student’s education and growth is influenced greatly by the advising function. In today’s litigious atmosphere, the advising function is more critical than ever.

Academic advising occurs under the umbrella of academic affairs. The courts have always hesitated to enter the academic arena and substitute their judgment for that of the academician. In doing so, they have recognized the academic freedom which protects academic decisions, including advising decisions. They have recognized also that their repeated presence in the academic community possibly could cause deterioration in the otherwise beneficial student-faculty relationship. Thus, if academicians do not abuse their discretion in dealing with students, they need not fear judicial intervention. The courts will intervene, however if evidence exists of arbitrary or negligent treatment of students or a denial of their protected rights. The increasing number of court decisions dealing with classroom and academic matters attests to the growing judicial sensitivity to students’ rights in academic affairs. The advisor’s job falls within this academic affairs area, and, thus, advisors must understand the legal issues involving four major areas: the contractual relationship between the student and the College, guidelines governing privacy of student records, the concept of privileged communications, and academic due process and the need for grievance procedures.

Contractual Relationship: In academic affairs, a contractual relationship exists between the student and the College. The basic provisions of the College Catalogue, recruiting brochures, various bulletins, and the Student Handbook become part of the contract. The College sets forth certain requirements for passing courses and for successful completion of programs and subsequent graduation. If students fail to meet the required standards, they can be penalized through such action as dismissal, suspension, or failure to graduate on schedule; if the College fails to respect its own regulations, then the student may seek judicial relief.

The College Catalogue states that the ultimate responsibility for knowing degree requirements rests with the student. This type of statement normally protects advisors if they commit an advising error. Generally, the advisor is not going to be held personally liable for erroneous advising in the absence of gross negligence, irresponsible behavior, or arbitrary or capricious treatment of the student. Advisors should keep notes of their discussions with students during advising sessions. An accurate record of advising sessions would help solve any disputes over the content of previous advising and also serve as a legitimate protection against claims of erroneous advising.

Family Educational Rights and Privacy Act (FERPA): Since advisors maintain educational records – records of advisees’ grades and other academic information – they must understand the provisions of FERPA, Basically, this act provides students with access to information placed in their advising files. Furthermore, it ensures that only school officials with a legitimate educational interest may see the student’s file. The student’s permission must be obtained before any other party may have access to the student’s file. It is the position of the College that students may designate access to parents or other designated persons, or parents may demonstrate student dependency as a basis for access. The Registrar maintains a file of those students who have designated access by others to their records. Thus advisors, upon request, must allow students access to their advising file. This fact, however, does exclude a student’s right of access to personal notes that the advisor may have made during the advising sessions. Under this Act, these notes constitute records made by educational personnel and kept solely in their possession. Advisors may allow someone who temporarily performs his/her advising duties to see the notes; if the advisor is to be replaced permanently, however he/she should remove any personal notes form the student’s file before transferring the file to the replacement. For further information on confidentiality of student records see the Registrar’s Web page.

Privileged Communications: Although the law recognizes the student’s right to privacy of his/her educational records, it also recognizes the advisor’s right to privileged communications. Thus, in an effort to help a student, advisors can discuss confidential information regarding that student with other appropriate individuals. The courts generally will respect the right to such communications and will not hold the advisor liable for statements considered as privileged communications. This right, however, is not absolute, and advisors must make good judgment in making all confidential statements. To determine the appropriateness of confidential discussions, an advisor should simply ask if such a discussion would serve the student’s best interest.

At times, students will come to advisors with personal problems; normally these problems should remain confidential. In some instances, however, a student may tell the advisor of certain intentions that would prove harmful to the student or possibly to others, such as the intention to commit suicide or the desire to harm another person. Although statements are made in confidence, an obligation rests with the advisor to disclose such information to an appropriate party, such as parents, an intended victim, a school psychologist, or police.

Academic Due Process: The courts have mandated that students receive due process guarantees of notice and hearing in disciplinary cases, but students with grievances concerning academic affairs, such as situations involving erroneous advising, disputed grades, or alleged arbitrary course requirements, generally find themselves without due process guarantees. The courts, to the date, have not mandated legally what constitutes due process in academic affairs.

The College provides general Academic Conflict Resolution Procedure and a special processes for the Academic Integrity Policy (See Student Handbook and Code of Conduct) and College Policy on Student Access to Educational Records)

ACADEMIC CONFLICT RESOLUTION PROCEDURE: A student who believes that course work has been unfairly evaluated, or who has another conflict regarding academic matters less than Academic Probation/Dismissal or the Academic Integrity Policy, should use the following procedure:

1. As soon as possible, but in any case, no later than the end of the sixth week of the following semester, the student should approach the faculty member to discuss the issue. In the event of a grade appeal the student should seek an explanation of the method of evaluation and seek a determination that no error has been made.

2. If the student is not satisfied with the results of the conference with the faculty member, the case may be presented in writing to the department chair (for undergraduate students) or the program director (for graduate students)

3. If the department chair concludes there is no cause for the complaint, the undergraduate student may approach the Associate Dean of the College, who will confer with the faculty member and the student. For graduate students, if the program director concludes that there is no cause for the complaint, the graduate student may approach the Dean of the College who will confer with the faculty member and student. In all cases, the decision of the faculty member on a grade remains final.