How to File an Appeal

Both students and the University can file an appeal within the 21 calendar day appeal period.

You and the Provost are given 21 calendar days from the date the Tribunal's decision or the Order, whichever is first, to file an appeal.  An extension of time may be granted in exceptional circumstances.

An appeal may only be taken in the following cases:

a) by the Student from a conviction at trial upon a question which is not one of fact alone;

b) by the Provost from an acquittal at trial, upon a question which is not one of fact alone;

c) by the Student or the Provost from a sanction imposed at trial. 

An appeal is initiated by filing a written Notice of Appeal with the ADFG Office briefly stating the relief sought (i.e., what do you want to happen as a result of the appeal, or what is the outcome that you want to achieve as a result of the appeal) and the overall grounds upon which the appeal is taken (i.e. the arguments and/or reasons you will use to prove your case).  At this stage it does not need to include your detailed arguments (i.e. your arguments that are based on fact(s)) or documents upon which you intend to rely. Here is a template Notice of Appeal you can use to assist you in drafting your Notice of Appeal.

Note that the relief you seek (i.e., what you want to happen as a result of the appeal) must coincide with the Discipline Appeals Board’s jurisdiction, as per section E(7) of the Code of Behaviour on Academic Matters. 

Once the Notice of Appeal is filed, an appeal is set in motion with the Discipline Appeals Board.

For a comprehensive list of the powers of the Discipline Appeals Board, please see page 15 of the Code of Behaviour on Academic Matters and page 4 of the Discipline Appeals Board Terms of Reference.

DISCIPLINE APPEALS BOARD TERMS OF REFERENCE, APPENDIX A 

Appeals (Academic Offence)

7. The Discipline Appeals Board has a number of powers with respect to an appeal matter. It can:

a) Dismiss an appeal summarily and without a formal hearing if it determines that the appeal is frivolous, vexatious or without foundation;

b) In exceptional circumstances, order a new hearing;

c) Affirm, reverse, quash, vary or modify the verdict, penalty or sanction and substitute any verdict, penalty or sanction that could have been given or imposed at trial

8. Appeal not a trial de novo 

An appeal shall not be a trial de novo, but in circumstances which it considers to be exceptional, the Discipline Appeals Board may allow the introduction of further evidence on appeal which was not available or was not adduced at trial, in such manner and upon such terms as the members of the Board hearing the appeal may direct. 

9. Award of costs 

Where it is considered to be warranted by the circumstance, the Board may in its discretion, award costs of any proceedings on appeal, and may make orders as to the party or parties to and by whom and the amounts and manner in which such costs are to be paid.

10. Stay unless otherwise ordered

An appeal operates as a stay of the Decision appealed from unless the Senior Chair of the Tribunal, on behalf of the Discipline Appeals Board, otherwise orders upon application by the accused or the Provost.

The sanctions that were ordered in the original Tribunal Decision will be stayed (ie. temporarily stopped from being imposed on the your academic record), and will not take effect, unless otherwise ordered by the Senior Chair of the Tribunal. Therefore, your transcript will appear as it had prior to the Tribunal Decision.