Procedure for Policy 1.6 Policy on Non-Academic Misconduct - Appeals Committee Rules of Procedure
The official version of this procedure is housed with the University Secretariat. In the event of a discrepancy, the official version will prevail. Click here for a printable version of this procedure.
Parent Policy: Policy on Non-Academic Misconduct
Approving Authority: Board of Governors
Responsible Office: Student Affairs, Student Judicial Services
Responsible Officer: Vice-Provost (Student Affairs), University Secretary
Original Approval Date: January 22, 2020
Date of Most Recent Review:
Previous Reviews:
1. Computation of Time
1.1. Where these Rules prescribe a number of days, weekends and holidays shall be counted.
1.2. Where any time or time limitation is mentioned in these Rules, the presiding Chair of the hearing may extend or abridge the time requirements prescribed as necessary. This discretion may be exercised before or after the expiration of the time prescribed.
2. Appeals
2.1. An individual wishing to appeal a decision (the “Appellant”) must submit a completed Notice of Appeal to the Judicial Officer within twenty-one (21) calendar days of the final decision having been communicated in writing to the individual.
2.2. A Notice of Appeal must contain a copy of the decision, the grounds for the appeal, the outcome sought, a statement supporting the grounds for the appeal, and any relevant documentation in support of the appeal, including any documentation that was before the original decision maker.
2.3. The Judicial Officer shall provide the responding party (the “Respondent”) with a copy of the Notice of Appeal and attachments.
2.4. The Respondent shall submit a written response to the Judicial Officer within fourteen (14) calendar days of receiving the Notice of Appeal. The response shall include a summary of the submissions made in response to the appeal and any relevant documentation in support of the response.
2.5. The Judicial Officer shall provide a copy of the response to the Appellant.
2.6. If the appeal concerns a decision that was rendered by the Judicial Committee, either the Chair or a Vice-Chair of the Judicial Committee will review the request for the appeal and determine if the request meets the grounds. The Chair or Vice-Chair who reviews the request for the appeal will be one who did not hear the original case. If the Chair or Vice-Chair determines that the request for appeal is within the Committee’s mandate, the Judicial Officer will establish a panel to hear the case and schedule a hearing.
2.7. All parties to an appeal shall be served with a Notice of Hearing, which will include the date, time, place and purpose of the hearing.
2.8. The Committee members selected to be on the hearing panel will receive a hearing package in advance of the hearing. The hearing package will only contain information that has been seen by both parties.
3. Motions and Preliminary Matters
3.1. The membership of the Committee hearing the case will be made available to the parties prior to the hearing, to provide an opportunity to raise concerns regarding conflict of interest.
3.2. A specific request for action (“motion”) may be heard prior to a hearing or at the beginning of a hearing. The motion is to be in writing and submitted to the Judicial Officer. Any response to the motion must be made in writing and delivered through email or on the hearing date.
3.3. Motions for an adjournment will be decided by the presiding Chair of the hearing. Decisions will be guided by the need for an expeditious resolution of the case, which should prevail absent compelling reasons. The decision of the presiding Chair of the hearing is final.
3.4. All other motions will be decided by the Committee and be brought no later than five (5) calendar days before the scheduled hearing date. Motions not delivered to the Judicial Officer within five (5) calendar days can only proceed with the approval of the Committee and will normally only be granted in extraordinary circumstances.
3.5. A Respondent may make a motion to have the appeal dismissed summarily if it does not put in issue any of the grounds for appeal or otherwise come within the jurisdiction of the Committee.
4. Hearing Procedures
4.1. Hearings will be scheduled on weekdays, including during the examination period but will not be scheduled to conflict with a student’s examination. Hearings will also be scheduled in the spring semester to address outstanding issues from the winter semester.
4.2. The Committee may, in its discretion, hear an appeal either in writing or orally at the request of either party.
4.3. Non-Appearance at an Oral Hearing: If either party fails to appear before the Committee on the day and time identified in the Notice of Hearing, the Committee has the authority to:
4.3.1. Dismiss the case without further notice;
4.3.2. Proceed in the absence of the party that failed to appear; or
4.3.3. Reschedule the hearing if acceptable extenuating circumstances are provided.
4.4. Open Hearings: Normally all hearings before the Committee shall be open to the public. The Committee may close the hearing to the public. A closed hearing may be held where the Committee is of the opinion that the matters to be discussed will involve intimate, financial, or personal matters, or other matters may be disclosed at the hearing of such a nature that would override the principle of open hearings; or the matters involve public security.
4.5. A party to proceedings at a hearing may:
4.5.1. Be represented by an advisor or agent, including by legal counsel;
4.5.2. Make representations to the Committee and, at the discretion of the Committee, call individuals with relevant information to give evidence;
4.5.3. At the discretion of the Committee, question individuals called by other parties as reasonably required for a full and fair disclosure of the facts in relation to which they have given evidence.
4.6. The Committee may admit as evidence at a hearing oral testimony and any other form of evidence that is considered relevant to the subject matter of the hearing. The Committee may exclude anything unduly repetitious or which is not relevant to the subject matter of the hearing.
4.7. No new evidence will be allowed at the hearing unless agreed to by both parties and the Committee.
5. Maintenance of Order at Hearings
5.1. The presiding Chair of the hearing may give directions during the proceedings to maintain order. The presiding Chair of the hearing may ask any party to leave the hearing if, in the Chair’s opinion, the action is so disruptive to the hearing process as to frustrate it. In this instance, the Committee will consider the case using written documentation from the parties.
6. Decisions of the Committee
6.1. Whenever practicable, the Committee will tell the parties verbally the outcome of the hearing at the end of the proceedings. The parties will be provided with a copy of the written decision by email.
6.2. Normally, within ten (10) calendar days, the Judicial Officer shall send to all parties the Committee’s final decision, and/or invoice, if any, in writing and signed by the presiding Chair of the hearing.
7. Record of Hearing
7.1. Student Judicial Services shall compile a record for each hearing, which shall include a copy of:
7.1.1. All documents submitted by both parties;
7.1.2. Any order granting adjournments or motions made by the Committee;
7.1.3. The Appeal Committee Hearing Proceeding Sheet; and
7.1.4. The Notice of Decision.
7.2. All records of the hearing shall be expunged seven years following the hearing if the Committee upholds a finding that the student is responsible, except for those which the penalty was suspension or expulsion. If the Committee reverses a finding that a student is responsible, all records will be expunged after one year following the hearing and in accordance with the Student Judicial Services Records, Retention and Disposition Policy.
8. Amendments
8.1. A proceeding shall not be defeated by any formal objection of a technical nature. All reasonable and necessary amendments to process documents shall be made by the Committee in order to determine the real matter in dispute.