Syllabi development is somewhat like constructing a personal vita in that it has some common elements, but each syllabus also reflects the individuality of both the course content and personality of the instructor. The syllabus must also be developed in keeping with legal and accreditation requirements.
Common Elements
The course syllabus serves several purposes:
Wayland Policy 9.1.4.2 mandates that course syllabi be provided students on the first day of class, and that each syllabus must include these common elements:
The policy also requires syllabi to conform to the University’s standardized format, and that a current copy of each course syllabus be filed with the dean of the school..
Other elements may be included in the syllabus, including:
Any student who requires special arrangements in order to meet course requirements should inform the instructor immediately.
Even with these ever-present lists of common elements, many course syllabi fail to answer questions considered important by students. In a review of the problems faced by students, a course approval committee at the University of Maryland (Rubin, 1985) identified a series of important questions that were repeatedly not answered in the syllabi provided by the faculty to their students.
With the proliferation of courses delivered by Internet and other distance education technologies, writing the syllabus has become more challenging. Writing the Internet syllabus requires an even greater attention to detail and clarity of communication. Regardless of the course delivery vehicle, a well-designed syllabus:
Accreditation Requirements
Many of the visiting committee members during Wayland’s accreditation reaffirmation visit by the Southern Association of Colleges and Schools in October, 1997, were keenly interested in course syllabi. The current SACS Criteria for Accreditation conveys the association’s expectations in Section IV - Educational Program:
During the recent SACS visit, syllabi were used to identify these instructional techniques and judge their appropriateness to the specific goals of the course. During interviews, students were asked if these techniques and policies were appropriate.
Though this Criteria statement is less prescriptive than the lists of common elements presented earlier, SACS evaluators expected syllabi to contain more than the elements contained in this statement from the Criteria. Again, students were asked if they received syllabi on the first day of class and whether it contained appropriate information.
Although grading policy is stated in the Wayland Policy Manual and Academic Catalog, a statement of the individual instructor’s policy is expected on each syllabus.
Although not addressed in the Criteria, the SACS Handbook for Peer Evaluators instructs members of visiting committees to directly compare individual course syllabi between campuses, or between traditional and distance learning formats. The expectation is that students in the same course will learn the same material and develop the same competencies, regardless of location or format.
Legal Issues
Much has been said about the syllabus constituting a contract between student and faculty member. Issues surrounding student claims that faculty has deviated from a syllabus, most often arise when
Typically, the student claims that the student and the university had a contract and the university failed to conform to the terms of that contract. Courts have generally said that, while students have a relationship with the college that is contract-like, the normal rules of contract law will not be applied to the relationship.
The courts review academic decisions against a rule of "arbitrariness." If the school can demonstrate that the grade or other academic decision was not arbitrary, the court will generally defer to the school.
So when it comes to the syllabus, the first safeguard is for the professor to indicate, preferably in writing on the syllabus itself, that the syllabus is not a contract, and that it may be deviated from. This helps take away the student's contract claim, if he had a basis for one in the first place. An appropriate statement might be:
This syllabus is only a plan. The teacher may modify the plan during the course. The requirements of the course may be altered from those appearing in the syllabus. Further, the plan contains criteria by which the student’s progress and performance in the course will be measured. These criteria may also be changed.
Having undertaken to make clear that the syllabus is not a contract, but is a plan subject to unilateral change by the teacher, the teacher should realize that the changes must not be arbitrary. Thus, the fewer changes that are made, the safer. Further, the teacher may be required to defend the academic judgement she exercised in making the change against the charge that she acted arbitrarily.
Therefore, faculty are well advised to
A private school, unlike a state school, is not obliged to give a student "due process" in regard to its decisions which are adverse to him academically. When it comes to academic disputes, a private school is only obliged to do anything it has promised the student it will do when it comes to academic disputes.
Normally, the school attempts to avoid making "promises." But, against the chance the court will conclude a promise was made, the school should be diligent in handling academic disputes according to its published policies and procedures. The private school's processes must be "fair," but need not meet the high constitutional due process requirement of the state school.
Finally, state students may also challenge an academic decision on the basis of "equal protection," a constitutional requirement that states must treat their citizens equally. Private schools, or course, must not make decisions on the basis of illegal discrimination, but an "equal protection" claim will not lie against a private school.
Because of the stakes, graduate school dismissals produce most of the litigation. The claim may be that
Few of these cases are successful. However, in a few the student has won. An example of those includes a situation where a medical school refused a student’s request to retake an exam after the first exam had been conducted with some irregularities. The court said the student had not been treated fairly.
A complaint about failure to follow a syllabus would be akin to issues that arise over changes in requirements for a degree after the student has begun the program. Generally, schools try to reserve the right to change the requirements by statements in the catalog, but at the same time, try not to change them in mid-stream unless circumstances are overwhelming.
For example, if students are being prepared for nursing and the licensure requirements change, it is reasonable to change the nursing program’s requirements. In another case, when a student sued because the university changed requirements for completion of the masters in education degree program in which she was enrolled, that the university had the right and indeed, the responsibility, to change the program when valid academic reasons required it.
However, a number of courts have held that when a student enrolls under a catalog indicating a degree will be granted upon completion of a course of study, the school must grant the degree if the course is completed. Of course, if you don't change a program, or a syllabus, you will not get sued for changing something the student thinks you did not have the legal right to change.
A syllabus claim would also be similar to those cases where students sue because the program was not as promised. These suits are most likely to be successful in the first years of a new program, usually a graduate program. Courts approach these suits in a manner akin to suits alleging consumer fraud. If the court is offended by the failure of the program to be delivered as the catalog said it would be delivered, or in an inferior manner given tuition and representations of the program, the court will rule for the students.
Some morals extracted from the cases relative to the syllabus: