Frequently Asked Questions (FAQ)

An academic appeal is an appeal by a registered student:

• against a University decision as to the student's success or failure in meeting an academic standard or other academic requirement of the University; or
• as to the applicability to the student's case of any academic regulation of the University.

You can only launch an appeal if you are a registered student and all levels of appeal at the divisional level have been exhausted.

Each division/Faculty has its own policies and divisional petitions/appeals processes. Available remedies differ for undergraduate and graduate students and amongst divisions and Faculties.  For more information on divisional processes, you can find links to their webpages here: Process Specific Resources & Documents.

If you are unsure to which division you belong, you can check your academic record on ROSI, which will list the division in which you are registered.

If you are registered at the University of Toronto Mississauga (UTM), or, University of Toronto Scarborough (UTSC), then that would be considered your respective division.

*For all graduate students, regardless of your area of study, your division is the School of Graduate Studies (SGS).

No, University decisions regarding admissions cannot be appealed through the ADFG Office.

To launch an appeal with the Academic Appeals Committee of the Governing Council, a student must file an electronic copy of a Notice of Appeal, and all supporting documentation, to the Office of Appeals, Discipline and Faculty Grievances within 90 calendar days following the Decision of his or her divisional appeals committee. If the deadline date coincides with a day on which the University is closed, the deadline for filing the Notice of Appeal is 5:00 p.m. on the next regular business day.

See How to File an Appeal

Supporting documentation should assist the Committee in understanding the grounds for your appeal and remedy that you are seeking. Supporting documentation may include past petition forms, University of Toronto Medical Certificates, medical records, email correspondence, etc. You should include any document upon which you intend to rely, including a copy of all the materials you submitted to the previous body whose decision you are appealing.

When a Notice of Appeal is filed, the ADFG Office’s first step is to review the Notice of Appeal and Appeal Package for completeness. You are not permitted to withhold pertinent information until the hearing. It is expected that all your material will be submitted prior to the scheduling of the hearing and within the required timelines.

After the ADFG Office confirms the completeness of your Appeal Package, the appeal documents will be forwarded to the relevant division with a request that the division provide a written Response to the appeal. The division has 60 calendar days to submit its Response.

Upon receipt of the division’s Response, the ADFG Office will forward the Response to you. You are then given two weeks to Reply to the Response. You are not required to provide a Reply. If you wish to submit a Reply, the Reply should only include information responding to any new information the division raised in its Response, that you did not address in your original Notice of Appeal.

Once you and the division have submitted all materials to the ADFG Office, a hearing date is scheduled. The date, time and names of the panel members hearing the appeal will be forwarded to you and the division.

The period between submitting your appeal, including supporting documentation, to the hearing date varies depending on the complexity of the appeal and the availability of committee members, etc. There are three hearing months per year (October, February/March and June). In the interest of having appeals heard in a timely manner and as expeditiously as possible, you are expected to make yourself available during the hearing week that the ADFG Office proposes. Additionally, due to the number of people who reserve time to hear these appeals, and the difficulty in finding common availability (i.e. chairs, faculty and student AAC members and divisional representatives), the ADFG Office expects you to make your appeal hearing a priority.

There are circumstances when the ADFG Office may close your file without a hearing.  An appeal may be deemed abandoned and therefore closed, for one or more of the following reasons:
 

  1. You fail to complete your appeal with all required documentation and/or within the appropriate timelines
  2. You do not make yourself available and/or are unresponsive to communications or requests, and you do not provide valid reasons and/or appropriate documentation to explain your unavailability/unresponsiveness;
  3. You do not make yourself available to have your appeal heard by the second available hearing week, and do not provide valid reasons and or documentation explaining why you need the hearing deferred.

Yes, you and the division are entitled to legal representation. Students sometimes choose a friend, student legal caseworker from Downtown Legal Services or lawyer to represent them at the appeal.  Anyone you bring who is not your representative is not normally allowed to speak or participate.

Hearings are open to the public in accordance with s. 9.(1) of the Statutory Powers Procedure Act, R.S.O. 1990, Chap. S.22, as amended. Normally, however, only the individuals who are directly involved in a case will attend the hearing. These individuals include the three panel members (one legally-qualified chair, one teaching staff member and one student member); the Student appellant; counsel representing the appellant, if any; the divisional representative; counsel representing the division, if any; and a staff member of the ADFG Office.

The student or division may request a closed hearing. A student can request a closed hearing on the Notice of Appeal Form. The reasons for requesting a closed hearing will be reviewed by the chair at the beginning of the hearing.

Click here to see "Who is Going to be at the Hearing?".

Appeals are heard by three people from the Academic Appeals Committee (the “Committee”): one chair who is legally qualified, one teaching staff member and, one student member. The Committee’s role is to review the division/Faculty’s decision to determine if it was reasonable and not to retry the case. The Committee is neutral and will know nothing about you or your case other than what is contained in the appeal materials submitted by you and the Division. The Committee will make a determination about the case only after hearing submissions from you and the division.

At the hearing, the chair explains the procedure, which normally occurs as follows:
 

  • You or your representative present your case.
  • There may be clarifying questions asked of you by the Committee and/or the division.
  • The division has the opportunity to present its case.
  • You may be provided an opportunity to ask clarifying questions of the division. The Committee may also have clarifying questions for the division.
  • You will be given a brief opportunity to reply.
  • You and the division present your closing statements.
     

For additional information, please see What Happens at an Academic Appeal Hearing?

Normally, the written Decision is released six weeks after your hearing, but this depends upon the case.

Decisions of the Academic Appeals Committee are final, and any remedy granted in a Decision will be imposed.

The Decision, with the name of the student removed, is posted on the ADFG web site and it is presented to the Academic Board, which occurs twice a year.

There are a number of remedies that exist. You will have to determine which remedy or, remedies best fit your circumstances. Please see the section What Remedies Are Available?

Pursuant to the Practice Direction on Reconsiderations of the Senior Chair, decisions of the Academic Appeal Committee are final. Accordingly, requests for reconsideration of its decisions will not be accepted.

Click here to see “What Can I Do if I Don’t Agree with the Decision?”

Hearings are generally held virtually via Zoom.  In exceptional circumstances, a hearing may be held in-person. In such situations, the hearing would normally be held in Simcoe Hall on the St. George campus, but there may be exceptions.

To ensure that appeals are heard quickly, hearings are held three times a year (known as “Academic Appeal hearing months”). The hearing months are every October, February/March and June.

In cases where you have specifically requested that your matter be expedited (ie. rushed), and there are valid reasons for this request, the Senior Chair will determine whether the request is granted. If it is, the ADFG Office will attempt to schedule your hearing as soon as possible.

*NOTE: Although the ADFG Office makes an effort to schedule expedited matters as quickly as possible, factors that must be taken into account are timeline delays caused by lack of communication with the ADFG Office, late submissions by the student and/or division (Notice of Appeal, documentation, Response and Reply), and the availability of AAC members to serve on a panel.

Hearings normally begin at 8:45 a.m., at 1:45 p.m. or at 5:15p.m. and are held from Monday to Friday. The duration of each appeal hearing is normally approximately two to three hours.  As hearings may take longer than three hours, you and the division should plan to stay longer and avoid scheduling anything directly after the appeal hearing.

The ADFG Office asks that you, the division and the other attendees bring your calendars to the hearing to facilitate the scheduling of another hearing date and time, should a hearing take significantly longer than the scheduled time.

Academic appeals heard by the Academic Appeals Committee are not recorded.

Although there is no dress code, attendees usually dress in business casual or business attire.

If you need a disability-related accommodation to participate in this academic appeal process, please review and follow the procedure set out in the Protocol for Requesting Accommodation for Disabilities in the Academic Appeal Process.

Fill in the Notice of Motion or Response to a Motion form and email it to the Secretary c/o the ADFG Office, copying the other side. 

   

A notice of motion form is provided to assist the student and division with filing requirements.  When filing the notice of motion, you need to outline the reasons or basis for the motion and the outcome being requested.   

 

To respond to a motion, you should indicate whether you agree, do not object to (e.g. you do not want to agree, but are content to leave it to the chair to decide), or are opposed to the request and the reasons why.  

 

Note that your submissions (i.e. your argument and not evidence) are to be no more than 40 pages, double-spaced. 

In addition to the notice of motion, the chair will also direct the student and division about what additional information is required (if any).  For example, the chair may seek further written submissions  or evidence. These documents are called the motion materials and are in addition to the notice of motion that has been filed.  In some cases, everything filed with the notice of motion will be considered complete with no need to file anything in addition. 

 

Motions are normally heard by a chair alone (other than motions to dismiss appeals as frivolous or vexatious under section 3.1.9 of the AAC’s Terms of Reference and Part 9 of its Rules of Practice and Procedure). A chair, however, may decide that a panel should hear a particular motion.   

 

After receiving the materials and obtaining the position of the student and the division, the chair will decide whether the motion will be heard in writing or if a hearing is required.  

 

If the chair does not require a hearing to address the motion, they will base their decision on the written materials the student and the division have filed. You will receive a decision via email through the ADFG Office. 

 

If the chair believes a hearing is required, a virtual hearing date will be scheduled.  

 

If you filed the motion, all your materials are due to the other side at least 10 days before and to the ADFG Office 7 days before the hearing. If you are responding to the motion, your materials are due to the other side and the ADFG Office at least 3 days before the hearing. 

 

The hearing will normally proceed in this way: 

 

  1. The person that filed the motion (applicant) will make oral submissions as to why the motion should be granted. The chair may ask questions to clarify any points. 

  1. The responding party will then make oral submissions as to why the motion should be denied.  The chair may ask questions to clarify any points. 

  1. The applicant may make reply submissions that respond to the submissions by the responding party. The chair may ask questions to clarify any points. 

  1. The chair will either rule on the motion at the hearing or provide their ruling on a later date. You will receive written reasons for the motion decision within 6 weeks of the ruling. 

Hearings are held virtually over the Zoom platform, unless otherwise ordered by a chair. A student or division can request, by filing a motion (link to how to file a motion), that the hearing be held in one of the following ways:  

 

  1. In writing (based on written materials only) 

  1. In person 

  1. Hybrid (a mix of the above) 

Hearings can proceed even if the student or division do not attend.  In these situations, the hearing proceeds without the benefit of that person’s participation and based on the written materials submitted as well as the oral submissions of those who attended. They will be notified about the hearing outcome in writing. 

Yes, there are two ways your appeal can be dismissed without a hearing:

1.  if it is not in the AAC's jurisdiction; and 

2.  if it is considered frivolous or vexatious.

1. Lack of Jurisdiction

The Academic Appeals Committee (AAC) cannot consider issues that are outside of its jurisdiction. If an appeal appears to fall outside its jurisdiction, the chair will notify the student in writing, through the ADFG Office, and will give the student and the division a deadline within which to make submissions on the jurisdictional issue.

Based on the submissions received by the specified deadline, the chair may:

  • dismiss the appeal without a hearing on the basis that it is outside the AAC’s jurisdiction;
  • decide to hear the appeal if they are satisfied that it falls within the AAC’s jurisdiction; or
  • give the student an opportunity to amend their appeal.

See rules 32 to 34 of the Rules of Practice and Procedure for more information.

2. Frivolous or Vexatious

A division can bring a motion in accordance with the Academic Appeals Committee’s Terms of Reference and its Rules of Practice and Procedure to have a student’s appeal dismissed prior to a hearing if they believe the appeal has no reasonable prospect of success.  This is often referred to as being frivolous or vexatious. The chair assigned to your case can also bring such a motion.

If such a motion is brought to dismiss, the student will be given notice, told of the reasons for the intention to dismiss the appeal, and provided with the opportunity to make written submissions on the motion.

The motion may be decided based on written materials or after a motion hearing. The chair will decide if a hearing is required.  

The panel that will hear the appeal will decide whether the motion to dismiss the appeal as frivolous or vexatious will be granted. And as per the Terms of Reference, the decision has to be unanimous.

See Rules 35 and 36 of the Rules of Practice and Procedure for more information.

Pre-hearing conferences are meetings normally held virtually, over Zoom, between the chair, the student, the division, and their legal representatives, if any.

The purpose of pre-hearing conferences is to discuss procedural and preliminary issues. The merits (or substance) of the appeal will not be discussed at a pre-hearing conference. For example, an issue that could be discussed is if the student or division wants to submit new evidence.

The outcome of a pre-hearing conference may be to schedule a further one, schedule or adjourn a hearing or issue a direction or order related to the preliminary or procedural issues.

Although an appeal before the AAC is a review of the division’s decision and is not a trial, the AAC may admit new evidence that was not submitted at the previous appeal levels.  

 

If you wish to submit new evidence, indicate this on your Notice of Appeal form and submit the new evidence with your initial appeal package, identifying the new evidence, and explaining why it wasn’t submitted at the previous appeal levels. See What documents do I need to file an appeal? 

 

It is at the discretion of the chair assigned to your hearing to determine whether to consider any new evidence you have submitted. Rule 75 outlines the factors the chair may consider.   

An appeal body is normally referred to as an administrative tribunal that hears appeals from previous decision-makers. The Academic Appeals Committee (AAC) is an appeal body that hears academic appeals brought by students who have exhausted all divisional levels of appeal.

The AAC is also known as a reviewing body because its Terms of Reference state that the standard of review of an academic appeal is reasonableness. In determining whether a division’s decision was reasonable, the AAC may consider whether the divisional process was fair and whether the divisional outcome was reasonable. This approach is often referred to as the “reasonableness review.” In other words, the AAC reviews the division’s decision under appeal and determines whether the division’s proceedings and decision were reasonable based on the information that was before it. It does not, as a matter of course, hear matters anew by re-assessing evidence submitted to previous decision-makers, hearing testimony, or receiving new evidence.

The AAC is procedurally bound by the Statutory Powers Procedure Act, R.S.O. 1990, c. S.22 (SPPA) and applies the mandatory sections of the SPPA. Not all sections of the SPPA apply to appeals and reviewing bodies such as the AAC, and therefore the AAC has determined that certain provisions that are not referenced will not apply to this appeal process.

The Senior Chair is responsible for the overall functioning of the AAC. Among other things, they appoint appeal chairs to specific cases; they address preliminary and procedural issues that arise in academic appeals that have not yet been assigned to a specific chair; they hear academic appeals; and they call policy meetings in accordance with the Terms of Reference. They also chair academic appeals.

Additional duties and responsibilities of the Senior Chair are also set out in the Terms of Reference.

The Senior Chair also works closely with the AAC’s Secretary, whose office provides operational support to the AAC, and can delegate, where appropriate, responsibilities to the Secretary.

The Secretary of the AAC is the Director of the Office of Appeal, Discipline and Faculty Grievances (ADFG Office). The Secretary oversees the operations of the AAC process and works closely with the Senior Chair to address issues related to the general operation of the AAC. The Secretary can delegate responsibilities to others in the ADFG Office, as needed.

Students and the division are expected to comply with the timelines and deadlines set out in the Rules of Practice and Procedure.

To request a variation in a timeline or deadline, your request must be filed by email to the Secretary explaining the reason for the request. If applicable, supporting documents must also be filed with the request.

The other side will be asked for its position.

The request and the other side’s position will be considered either by the Senior Chair (if no chair is assigned to your appeal), the chair who is assigned to your appeal, or by the Secretary, as the case may be.

Students and divisions are expected to comply with the timelines and deadlines established in the Rules of Practice and Procedure. Deadlines and timelines are established to ensure the appeal proceeds in a timely manner. This applies to all proceedings (i.e., steps within the appeal process). If a timeline or deadline is not complied with, a chair may issue a decision requiring that an academic appeal be closed (i.e. if the student does not comply) or that a proceeding (such as a motion) may not be processed (this can apply to either a student or division, depending who initiated the proceeding).

A deadline is a specific date by which a requirement must be met, whereas a timeline usually contains several deadlines.

A day of closure is any day the University is closed that is not a statutory holiday.  Weekends are the most common type of days of closure, however, the University also has Presidential days that are designated for closure. 

If a document is due on a Sunday, then as per the Rules, the due date moves to the next day the University is open, which is Monday unless it is a holiday or day of closure.

For documents that are due during the December closure, the deadline is calculated differently.  For example, if a document is due two days before the end of the university closure, the deadline for the document becomes two days after the end of the closure. 

The Terms of Reference and Rules of Practice and Procedure set out various requirements relating to the commencement of its proceedings (i.e., steps within the appeal process such as the filing of a motion). The student and the division are expected to comply with these requirements.

If a student or the division fails to meet a requirement relating to the commencement of a proceeding, the AAC or its Secretary may refuse to process that proceeding until the requirement is met.

Submissions are arguments that are made to support an appeal. They normally summarize the relevant facts, law, and policies applicable to the appeal, and include your analysis. They are not evidence.

Unless the Senior Chair or a chair assigned to an appeal permits otherwise, submissions must not exceed 40 pages and must be double-spaced.

A chair will decide whether to grant the request and will consider the various factors set out in the Rules of Practice and Procedure. The student must explain the reason for the request as indicated in the Notice of Appeal. The chair may also request the position of the division.

If a request is granted, the chair will change the usual timeline for the division to respond and therefore, will set a new deadline. For example, the division may be given less than the usual 60 days to respond to the appeal, and/or the student may have less than the usual 14 days to reply.

If a request is denied, the usual timeline will apply.