Appeal of Academic Decisions Section 2

Section 2:  Appeals Related to Academic Integrity

2.1 – Levels of Appeal

There are two levels of appeal for matters related to academic integrity in the Faculty of Arts and Science:
(i)     The Office of the Associate Dean (Studies); and
(ii)    The Academic Integrity and Conduct Panel.

These levels of appeal deliver a decision addressing the academic issues raised in the case. Information on these appeals is available from the Arts and Science website, as well as the Arts and Science Faculty Office.

The Student Appeals, Rights, and Discipline (SARD) policy establishes a University-wide body, the University Student Appeal Board (USAB), which provides a final internal appeal process. USAB is intended to have a relatively narrow jurisdiction for dealing with appeals (see the Senate Policy on Student Appeals, Rights and Discipline).

2.2 – Appeal to the Office of the Associate Dean (Studies) of an Instructor’s Decision Related to Departures from Academic Integrity

Students may appeal the instructor’s finding or sanction or both to the Associate Dean (Studies) after receiving the official finding from the instructor.

2.2.1 – Submission of the Appeal

Appeals must be received in the Faculty Office within 21 calendar days of the initial decision by the instructor that is being appealed. In cases where a delay is needed on either side, there will be written notification of the delay and the reasons for the delay.

An appeal fee must also be submitted with the appeal documents.

Students must complete the Associate Dean (Studies) Appeal form, stating whether they are challenging the finding, the sanction or both aspects of the departure.

All documents used by the instructor and student in the initial decision must be included as part of the submission. Further the student should include a letter, responding to the decision by the instructor and outlining the specific concerns he or she has with the decision.

               2.2.2 – Review of Appeal Documentation

In preparation for the review, the Associate Dean (Studies) may request additional relevant materials. If material in addition to that supplied by the student will be considered, the student must have at least 10 calendar days to review and respond to that material before a meeting is convened.

               2.2.3 – Convening a Meeting

In most instances, the Associate Dean (Studies) will convene a meeting with the student (and his or her representative), the instructor (and his or her representative), and witnesses where appropriate, to conduct a thorough review of the evidence as it relates to the departure.

If, for any reason, the student does not wish to meet in person, he or she may indicate in writing that the written materials constitute sufficient material for the Associate Dean (Studies) to review.

Where it is decided that a meeting will occur, the Associate Dean (Studies) will notify the student and the instructor of the time and location of the meeting. The student will also be informed of the right to bring a representative and the names of those who will be present.

               2.2.4 – Students’ Right to Representation

Students have the right to be accompanied by a Dispute Resolution advisor to meet with the Associate Dean (Studies). If a student seeks formal legal representation, he or she should notify the Associate Dean (Studies) in advance. It will be expected that the student will normally be able to speak for him or herself at the meeting.

               2.2.5 – The Decision of the Associate Dean (Studies)

The Associate Dean (Studies) will make a decision according to the guidelines set out in Academic Regulation 1. The written decision must be framed within the language and context of the Academic Regulations and include:
(i)                A statement of the issues under review;
(ii)               A summary of the arguments and evidence presented;
(iii)              The status of the finding and sanction (whether they remain as in the previous decision or are altered);
(iv)              The reasons for the decision; and
(v)               A statement of the right to proceed to the Academic Integrity and Conduct Panel.

The Associate Dean (Studies) will inform the student in writing of the decision, normally within 21 calendar days after the date at which the appeal is considered complete.

               2.2.6 – Appealing the Decision of the Associate Dean (Studies)

If the student is not satisfied with the decision reached by the Associate Dean (Studies), the student can choose to proceed to the next stage of review by appealing to the Academic Integrity and Conduct Panel.

2.3 – Appeal to the Academic Integrity and Conduct Panel of the Decision of the Associate Dean (Studies) Related to Departures from Academic Integrity

Students may appeal the Associate Dean’s decision regarding the finding or the sanction or both to the Academic Integrity and Conduct Panel after receiving the decision of the Associate Dean (Studies).

2.3.1 -Types of Hearings

The Academic Integrity and Conduct Panel shall hold one of either two types of hearings, depending on the circumstances leading to the appeal.

(i)      A full (i.e. de novo) hearing shall be held only in cases where a finding of a departure from academic integrity was originally made by the Associate Dean (Studies).

(ii)     An appeal hearing shall be held in all other cases, specifically in cases where a finding of a departure from academic integrity was originally made by the instructor and then subsequently appealed to the Associate Dean (Studies).

2.3.1.1 - Full Hearing

In a full hearing, the Academic Integrity and Conduct Panel shall review and consider all evidence pertaining to the case, including new evidence that may be introduced prior to the hearing.

2.3.1.2 - Appeal Hearing

In an appeal hearing, the Academic Integrity and Conduct Panel shall review the decision of the Associate Dean (Studies) based on the same information that was available to the Associate Dean (Studies) at the time that the decision was made.

2.3.2 – Submission of the Appeal

Appeals must be received in the Faculty Office within 21 calendar days of the decision by the Associate Dean (Studies) that is being appealed.

No appeal fee is required for the submission of an appeal of the decision by the Associate Dean (Studies).

Students must complete the Academic Integrity Appeal form, stating whether they are challenging the finding, the sanction or both aspects of the departure.

All documents used by the Associate Dean (Studies) and student in the previous decision must be included as part of the submission. The student may include a letter, responding to the decision of the Associate Dean (Studies) and outlining the specific concerns he or she has with the decision. No additional documentation should be added at this time. If, however, new material is included, the appeal will be redirected to the Associate Dean (Studies) for reconsideration. After assessing the new information, the Associate Dean (Studies) may decide to modify or overturn the previous decision or to redirect the appeal to the Academic Integrity and Conduct Panel for consideration.

               2.3.3 – Review of Appeal Documentation

If material in addition to that supplied by the student will be considered, the student must have at least 10 calendar days to review and respond to that material.

               2.3.4 – Convening a Meeting

In most instances, the Academic Integrity and Conduct Panel will convene a meeting with the student (and his or her representative), the instructor (and his or her representative), and witnesses where appropriate, to conduct a thorough review of the evidence as it relates to the departure.

If, for any reason, the student does not wish to meet in person, he or she may indicate in writing that the written materials constitute sufficient material for the Academic Integrity and Conduct Panel to review.

Where it is decided a meeting will occur, the Secretary to the Academic Integrity and Conduct Panel will notify the student and the instructor of the time and location of the meeting. The student will also be informed of the right to bring a representative and the names of those who will be present.

               2.3.5 – Students’ Right to Representation

Students have the right to be accompanied by a Dispute Resolution advisor to meet with the Academic Integrity and Conduct Panel. If a student seeks formal legal representation, he or she should notify the Associate Dean (Studies) in advance. It will be expected that the student will normally be able to speak for him or herself at the meeting.

               2.3.6 – The Decision of the Academic Integrity and Conduct Panel

The Academic Integrity and Conduct Panel will make a decision according to the guidelines set out in Academic Regulation 1. The written decision must be framed within the language and context of the Academic Regulations and include:
(i)              A statement of the issues under review;
(ii)              A summary of the arguments and evidence presented;
(iii)             The status of the finding and sanction (whether they remain as in the previous decision or are altered);
(iv)             The reasons for the decision;
(v)              If necessary, direction on how the decision is to be implemented; and
(vi)             A statement of the right of the student to proceed to USAB.

In a case where the Academic Integrity and Conduct Panel determines that withdrawal from the Faculty on grounds of a departure from academic integrity is the appropriate sanction, the Academic Integrity and Conduct Panel must direct the Associate Dean (Studies) to make such a recommendation to Senate.

The Chair of the Academic Integrity and Conduct Panel will inform the student in writing of the decision, normally within 21 calendar days after the date at which the appeal is considered complete.

               2.3.7 – Appealing the Decision of the Academic Integrity and Conduct Panel

If the student is not satisfied with the decision reached by the Academic Integrity and Conduct Panel, the student can choose to proceed to next stage of review by appealing to the Senate University Student Appeal Board.

2.4 – Appeal to the University Student Appeal Board (USAB)

     2.4.1 – Submission of the Appeal

Appeals to USAB must be received in writing within 2 weeks of having received a decision from the Board of Studies. Students should contact the Coordinator of Dispute Resolution Mechanisms to be informed of the appeal process.

               2.4.2 – Matters that may be Appealed to USAB     

If a student believes that there are reasons for an appeal on other than academic grounds, the student may set in motion the system for handling appeals as recorded in the Senate Policy on Student Appeals, Rights and Discipline, by appealing to the University Student Appeal Board.