Hearing Process

Remember that the ADFG Office does not provide legal advice. Graduates are encouraged to seek representation. 

If Governing Council lays charges against you, the ADFG Office will be involved with you at various points before and after the hearing. Listed below are some specific points when the ADFG Office will get involved: 

• When the Governing Council lays charges to provide you with information about the process and where you can get help 
• Schedule hearing dates
• Notify you about your hearing 
• Attend as Secretary at your hearing
• Inform you about your hearing outcome
• Send you the written decision from the Panel

ADFG Office

If Governing Council has laid charges, the ADFG Office will send you a letter to provide you with information about the Judicial Board process and where you can get assistance with your case.

The ADFG Office will also schedule a hearing date.

Once a hearing, including date and time has been confirmed, a Notice of Hearing will be issued in writing. 

NOTE: The hearing may proceed in your absence if you do not attend.

Counsel for the University

Counsel for the University presents the case for the University at the hearing. They will provide disclosure of relevant evidence to you in advance of the hearing.

Counsel for the University will usually attempt to contact you or your representative to discuss your hearing. They may explore whether the issues can be narrowed, and whether they can come to an agreement with you on any facts or proposed sanctions.

Counsel for the University will also provide disclosure. This means that you or your legal counsel will receive a package of documents which contains all the information that has been assembled by the University during the investigation of the alleged misconduct.

Your Responsibilities

You are responsible for the following:

• Obtaining representation, if desired, as early in the process as possible;
• Cooperating with scheduling the hearing dates;
• Preparing for the hearing;
• Obtaining any medical or other evidence you wish to rely on at the hearing;
• Attending and participating in the hearing.

An attempt will be made for a hearing to be set at a date and time that is convenient for you and Counsel for the University, where possible. Please note that in the event that you receive a Notice of Hearing and fail to attend, the hearing may proceed in your absence.

Hearings are held Monday to Friday throughout the calendar year. Hearings usually begin at 9:45 a.m., 1:45 p.m., or at 5:45 p.m. The duration of each hearing varies as each case is unique. We suggest that hearing attendees reserve at least six (6) hours in their calendar. Hearings have been known to conclude in as little as three (3) hours but have also been known to take multiple days. For this reason, we ask that attendees bring their calendars to the hearing to facilitate scheduling if another day is needed. For hearings beginning at 5:45 p.m., we suggest that attendees keep their entire evening free. 

Each hearing proceeds differently and at the discretion of the Chair. If you are not represented by legal counsel, the Chair will guide you through the hearing process. Below is general information about what you can usually expect to happen at a hearing.

Opening Remarks:

• The Chair of the Panel will make introductory remarks and will introduce him or herself and the other panel members.
• Counsel for the University will introduce him or herself and introduce any advisors or observers that they have brought with them.
• You and your representative(s), if any, will introduce yourselves.
• Counsel for the University or you can raise any preliminary issues, which will be addressed by the panel. These may include adjournment requests (e.g. to postpone the hearing), exclusion of witnesses (e.g. not include certain witnesses during certain parts of the hearing), evidentiary issues (e.g. not allow or give weight to evidence) or other motions.

Opening Statements:

• Counsel for the University will usually make an opening statement. You or your representative may also choose to make an opening statement at the outset.

If you are not in attendance:

• The panel will determine whether to proceed in your absence.  Where you have been provided with adequate notice of the hearing, the hearing will usually proceed.

Evidence:

• Counsel for the University will present evidence on behalf of the University, which may be in the form of documentation or oral testimony, which Counsel for the University will introduce to try to establish to the offence. You or your representative may cross-examine any of Counsel for the University's witnesses.
• The burden of proof is on Counsel for the University who must show on clear and convincing evidence that the accused has committed the alleged offence. The standard of proof is the "balance of probabilities", which means that Counsel for the University must prove that it was more likely than not that the accused committed the offence.
• You then have the opportunity to provide documentary or oral evidence. Counsel for the University may cross-examine any of your witnesses.
• The Panel may ask questions of either side or of the witnesses during the presentation of evidence.
   

Submissions on Finding (Guilty or Not Guilty):

• After all of the evidence has been heard, Counsel for the University will make submissions to the Panel summarizing the relevant facts and law to support the Provost's request for a finding by the Panel that you have committed the alleged offence(s). You will then respond with your submissions in support of the finding you wish the Panel to make on the issue. Counsel for the University will then have an opportunity to make Reply Submissions.

Panel Deliberates with Respect to Guilt:

• Following the presentation of evidence and argument, the Panel deliberates in camera (privately, between the panel members only) on whether or not the evidence establishes that you are guilty or not guilty. The Panel may issue its decision verbally to those in attendance at the hearing, with written reasons to follow, or it may reserve its decision and issue it at a later date.

Submissions on Sanction (Penalty):

• If a determination of guilt is made at the hearing, the Panel will then move to consider the appropriate sanction.
• Either Counsel for the University and/or you or your representative may choose to call evidence with respect to the issue of sanction, although neither is required to do so.
• Counsel for the University and then you or your representative will make submissions regarding the appropriate sanction.

Panel Deliberates with Respect to Sanction (Penalty):

• The Panel again deliberates in camera in order to determine whether it can immediately determine the appropriate sanction, and if it can, what is that sanction.
• If a sanction is determined at the time of hearing, it will be announced, and it may be incorporated in a signed Order. In such cases, the sanction(s) will be immediately implemented, unless directed otherwise, and even if the Graduate is not in attendance. The period for appeal is immediately triggered in these situations.
• Please see section "What Sanctions (Penalties) are Available to the Panel?" below.

Reasons for Decision and Sanction:

• The Panel may provide reasons for its decision on the commission of the offence and/or penalty at the time of the hearing, or it may decide to provide written reasons at a later date. Once the deliberation has been completed, it generally indicates that the hearing is over. The Chair will inform everyone when the hearing has concluded

Hearings can proceed even if you decide not to attend.  If you choose not to attend and the hearing proceeds in your absence, you will be notified about your hearing outcome in writing.

Please see  "What Happens at a Judicial Board Hearing?" above for more information on what happens at a hearing.

Hearings can proceed even if you decide not to attend.  If you choose not to attend and the hearing proceeds in your absence, you will be notified about your hearing outcome in writing.

Not attending can also be a relevant consideration at the sanctioning stage. That is, there may be reasons that you think mean that you should not be subject to as serious a sanction as might otherwise be imposed. However, unless you attend the hearing, the panel deciding the sanction will neither know of nor be able to take account of those reasons in determining sanction.

Please see  "What Happens at an Academic Discipline Hearing?" above for more information on what happens at a hearing.

The Judicial Board panel may cancel, recall, or suspend the degree of the Graduate.

During the period of suspension and if the degree is recalled or cancelled, the Graduate will be required to surrender their degree certificate to the University.

The Judicial Board panel has power to order that any sanction imposed by the panel be recorded on the Student’s academic record and transcript for such length of time as the panel considers appropriate. 

In circumstances where the reasons for decision are not provided at the time of the hearing, written reasons for decision will be issued at a later date, normally within 90 days, although the reasons may be issued sooner, and in rare occasions may take longer.

Once the panel has signed the decision, the ADFG Office will release the decision to you and the University. It will be posted online to the ADFG website (it will not contain your name).  The case and the decision will then be reported to the Governing Council.  The case will also be summarized in the case summaries section of the ADFG website.

There is no avenue for appeal within the University of Judicial Board decisions. Should you be unhappy with the Board’s decision, you may wish to speak to legal counsel.  

There is no avenue for appeal within the University of Judicial Board decisions.