Abstract:

Intensifying global legal concern related to graded collegiate class attendance policies (CAPS) brought about study intents:
(1) to review related extant research;
(2) to conduct an empirical study and share findings and implications with national and global educators, thus heightening amongst them an awareness that graded CAP inconsistencies bring about student frustration and possible student-initiated legal concern. This study was limited to identifying inconsistencies amongst professor-prerogative graded CAPs -- a common practice in U.S. universities and colleges – and inconsistencies amongst these and related university administrative policies and those published by related external accreditation constituencies; and,
(3) to offer educators a list of 'defensible acts' helpful to them in writing, and auditing for the use of, well-grounded graded CAPs that work to lessen the probability of student-initiated challenges and possible litigation.

Study methodology included content analyses of CAPs as published in current semester course syllabi of faculty members across five business disciplines within the college of business within a large southwestern U.S. university hosting a diversity of newly-hired and veteran educators and a diversity of students.

Regarding study importance, two concerns are highlighted:
(1) legal issues of inconsistency amongst graded CAPs and the implementation of them that are of immense importance in increasingly litigious societies; and,
(2) today's students' realization that distance education requiring little or no face-to-face educator/student interaction has proven to be an effective mode of learning for them and this experience has motivated amongst them their demand for additional non-attendance requiring courses that, in turn, helps them more effectively and efficiently allocate personal time and money needed for their educational pursuit.

Issues addressed in this paper hold important implication for all educators, higher educational policy makers, and higher education management constituents. Not only are graded CAP inconsistencies frustrating to students who must remember varying professors' class attendance polices throughout their class days, these inconsistencies also invite the possibility of student challenge and possible litigation efforts against professor, college, university and/or affected state government of the certain higher education institute of legal concern.

Keywords:

Graded class attendance policies, legality, intensifying concern, inconsistencies, defensible acts.