11. Appeals of University Tribunal Decisions
Grounds for Appeal
A student or the University may appeal a University Tribunal decision or request a review of any imposed sanction(s) to the Appeal Panel on one or more of the following grounds only if:
- the University Tribunal had no power under this Code to reach the decision or impose the sanctions it did;
- the University Tribunal made a fundamental procedural error seriously prejudicial to either party;
- the sanctions are unnecessarily punitive and/or do not fit the violation for which the Respondent has been found responsible or would benefit from a review on compassionate grounds (this ground may only result in a review of sanctions); or
- the Appellant has new evidence to present that could not reasonably have been presented earlier such as, but not limited to, evidence from an appropriate professional indicating that the appellant’s behaviour was attributable to a previously unrecognized health problem. Where medical or psychological documentation is produced concerning health issues that pertain to safety and security considerations, the University reserves the right to refer the Appellant for assessment by an independent medical/psychological expert approved by the University (such as the Centre for Addiction & Mental Health).
The grounds for appeal, including all supporting information, must be described and delivered in writing to the Director of the Office of Student Community Relations within 10 business days following the date on which the written decision of the University Tribunal was issued. The Respondent on Appeal will have an opportunity to make written submissions regarding the appeal. The Appellant will then have an opportunity to reply before a decision is rendered. A maximum of five business days will be given to each party to prepare and deliver their materials.
Composition of the Appeal Panel
The Appeal Panel will consist of three members from the University Tribunal, one of whom will be a student. None of them will have been on the panel that heard the original case.
Preliminary Assessment of the Materials
The Appeal Panel will do a preliminary assessment of the written material before holding an oral hearing. If it has concluded that the appeal cannot succeed on any of the grounds provided in (a) above, the appeal may be dismissed without further process such as either an oral hearing or further written hearing. If the appeal relies on grounds (a) (i) (ii) or (iii) above and no other grounds, the hearing may be conducted in writing only. If the appeal relies on ground (iv) there will be an oral hearing.
Application of Sanctions
Only monetary sanctions are automatically suspended pending the outcome of the appeal. Non-monetary sanctions remain in force pending the outcome of the appeal. The Appellant may apply to the Appeal Panel to stay the enforcement of the sanctions pending the outcome of the appeal. The Appeal Panel will convene a hearing at the earliest possible date to deal with the request for a suspension of sanctions. Where a more urgent response is required, application may be made to the Director of the Office of Student Community Relations.
Notice of the Hearing
The Appeal Panel will hear the appeal within 20 business days except in exceptional circumstances, and will give the parties notice of the time and place of the appeal hearing.
The written hearing will be conducted within the 20 business day period outlined in (e) above. The Appellant and Respondent on Appeal will receive notice that the hearing will be a written hearing. The Appeal Panel will review the materials in closed session and then make a decision as per (h) below.
The oral hearing will follow the same general procedural guidelines as outlined in 10 (b): the Appellant will state his or her case first and the Respondent on Appeal will reply. It is not the purpose of the Appeal Hearing to re-hear the case, rather the scope of the hearing will be limited to the Appellant making a case that his or her grounds for Appeal have been met as per (a) of this Section. The Appeal Panel will make a decision as per (h) below.
The appeal will be considered by an Appeal Panel. The Appeal Panel will render a written decision with reasons no more than 10 business days from the end of the Appeal Panel hearing. The Appeal Panel has the authority to do the following:
- allow the appeal in part or in whole;
- affirm or modify the University Tribunal decision;
- affirm, reduce or increase the sanctions appealed against; or
- require that the original University Tribunal conduct a new hearing or reconsider some aspect of its decision.
The written decision of the Appeal Panel will be delivered to the Appellant, the Respondent on Appeal and the Office of Student Community Relations by regular mail, Express Post or e-mail. The decision will be filed with the Office of Student Community Relations.
The Appeal Panel decision is final and binding and may not be appealed. If a new hearing is granted, then the subsequent decision is final and binding and also may not be appealed.