Definitions

Most of the following definitions are taken from the Discipline Appeals Board Terms of Reference and Black's Law Dictionary (9th ed).

PLEASE NOTE: the contents of the web site, where possible, has been written in simplified language. Should a question/dispute arise where the language in the web site differs from The Discipline Appeals Board Terms of Reference, the relevant Codes and the Terms of Reference will prevail.

The grounds of appeal are the reasons you are appealing the decision, in other words what you say the Tribunal panel did that was wrong in your view. You can appeal the finding of guilt, the sanction imposed, or both.

A legally qualified person who represents the interests of the Student on their appeal.  Oftentimes, a student's legal representative is a law student from Downtown Legal Services (DLS), which is a legal clinic with experience representing students in the academic discipline appeals process. The DLS Office located on the University of Toronto campus and provides free legal services to levy-paying students. 

A Notice of Appeal is filed to initiate the appeal process. It is a document that sets out your grounds of appeal (i.e. the reasons you are appealing the decision) and the remedy you want from the Discipline Appeals Board (i.e. what you want to happen as a result of the appeal). The Notice of Appeal must be filed within 21 calendar days from the date the Panel releases their decision. Here is a template Notice of Appeal you can use to assist you in drafting your Notice.

An Order is usually issued immediately at the end of a hearing. It can be issued verbally or in written format. The Order communicates the penalties, which may be immediately imposed.  An order will not be issued if a decision regarding sanction has not been made. 

The written description of the case, its findings, and the reasons for those findings. This is an official document that is agreed upon by all of the Tribunal panel members and is posted online, with the student’s identity withheld. (a.k.a. Decision)

The remedy is what you would like the Discipline Appeal Board to do if they grant your appeal. Section E7 of the Code sets out the powers of the Discipline Appeal Board. Examples of Remedies available are:

  • To quash the finding of guilt and substitute a verdict of not guilty  
  • To send the case back to the Tribunal for a new hearing
  • To reduce the sanction, for example, by reducing the period of the suspension

The sanctions that were ordered in the original Tribunal decision will be stayed (i.e. stopped from being imposed on the Student’s record), and will not take effect, unless otherwise ordered by the Senior Chair of the Tribunal. Therefore, the transcript will appear as it had prior to the order of the Tribunal.

An offence that is generally considered less serious and requiring a less severe penalty.

A new trial or hearing. In Discipline Appeal matters, there may be exceptional circumstances where the panel may allow the introduction of further evidence which was not available or adduced at the time of the original hearing.