What is the NAM Appeal Panel?
The Non-Academic Misconduct (NAM) Appeal Panel is intended to have a relatively narrow jurisdiction for dealing with NAM appeals, recognizing that decisions should be generally made by those who are most familiar with the context. The NAM Appeal Panel is an important part of the NAM system to support students in receiving a fair process, in being aware of their rights and responsibilities, and to establish a fair, efficient process for addressing student appeals from a NAM decision.
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Are all cases eligible for appeal to the NAM Appeal Panel?
Students may appeal the following decisions to the NAM Appeal Panel:
a decision under the Student Code of Conduct (PDF 15 MB);
a Level 3 decision under the Residence Community Standards;
a NAM decision that imposes the sanction of Removal from Residence; and/or
a Major infraction under the Athletic & Recreation Non-Academic Misconduct Policy.
A NAM Appeal Panel has no jurisdiction to hear appeals of decisions made under the Policy on Sexual Violence Involving Queen’s University Students.
For additional information on decisions that cannot be appealed to the NAM Appeal Panel, please review the internal appeal procedures for the applicable NAM unit (e.g. Athletic & Recreation, Residence).
What are the eligible grounds for appeal?
The NAM Appeal Panel’s primary role is to uphold the principles of procedural fairness. Accordingly, the grounds for an appeal to the NAM Appeal Panel are limited to the following:
Breach of Procedural Fairness includes:
- The decision-maker was biased or had a conflict of interest that prejudiced the student;
- The decision-maker misapplied and/or failed to follow applicable rules, regulations, or university policy in a way that prejudiced the student’s right to a fair process;
- The decision was unreasonable. A “reasonable” decision is one that is rational, in that its findings (i.e. determination of responsibility) are based on evidence before the decision-maker, it is thought-out and supported by the facts and logical inferences from those findings of fact. To be reasonable, the decision must contain adequate reasons for the conclusions. A decision should be upheld if it falls within a range of possible and acceptable outcomes, in which case the Appeal Panel is not permitted to substitute its opinion for that of the decision-maker whose decision is under appeal.
The decision-maker whose decision is being appealed acted without authority or exceeded their jurisdiction.
What is required to submit an appeal?
A student who wishes to appeal a NAM decision under the scope and jurisdiction of the NAM Appeal Panel must submit a Notice of Appeal and all supporting documentation to the Non-Academic Misconduct Intake Office (NAMIO) by email at email@example.com.
The Notice of Appeal must indicate the grounds on which the appeal is being submitted and the remedy sought. Grounds for the appeal are limited to those grounds outlined in section 4 of the Rules of Procedure for the Non-Academic Misconduct Appeal Panel (approved February 2, 2021).
Is there a deadline to submit an appeal?
Except in cases where an Immediate Sanction has been imposed (see below), the deadline for submitting a Notice of Appeal (to the NAM Appeal Panel) is ten (10) business days after the date of the decision being appealed.
The Notice of Appeal and any supporting documentation must be submitted by 4:30pm on the date of the appeal filing deadline.
Appeals received after the appeal deadline will not be processed. Should there be extenuating circumstances beyond the student’s control that prevented an appeal from being submitted within the deadline, the student may submit a request for an extension to NAMIO, with a copy to the other party to the appeal. Extension requests will only be considered if the request is submitted before the original appeal deadline has expired.
How can you appeal an Immediate Sanction?
Where a decision-maker is satisfied that the safety and well-being of member(s) of the University community could be significantly adversely affected, the decision-maker may determine that sanction(s) will be effective immediately, meaning prior to the appeal deadline expiring or an appeal being heard (this is referred to as an “Immediate Sanction”).
If an Immediate Sanction is imposed, a request for an Expedited Appeal proceeding can be submitted to NAMIO at firstname.lastname@example.org. The written request must reach NAMIO by 4:30pm on the third (3rd) business day after the decision being appealed was issued. For example: if a decision was issued on Monday, a request for an Expedited Appeal must be received by NAMIO no later than 4pm Thursday.
Expedited Appeals are generally only considered when there is a potential to impact a student significantly and adversely. For example, a student’s living accommodation (e.g. removal from residence), significant impact on athletics (e.g. team suspension, removal from a varsity team) or significant impact on their academics (e.g. delaying graduation).
Pending a decision on the appeal of an Immediate Sanction(s), the Immediate Sanction(s) will apply, unless otherwise determined by the Chair of the Appeal Panel.
How will you be notified of the appeal decision?
The NAM Appeal Panel will notify the parties in writing, with reasons, within seven (7) business days after the proceeding concluded.
Can you appeal a decision made by the NAM Appeal Panel?
The NAM Appeal Panel is the final internal body for NAM appeals at the university.
For independent, impartial, and confidential information regarding the University's policies and procedures, contact the University Ombudsperson.