Supportive Leaves Policy Appeals

do you want help with your supportive leave appeal?

Downtown Legal Services may be able to help! DLS is a legal clinic with experience representing students. It is located on the University of Toronto campus and provides free legal services to students who qualify.

The Supportive Leaves Policy creates a process whereby the University may place a student on a mandatory leave of absence.  The policy is designed for use in exceptional circumstances where a student’s behaviour, due to serious mental health or other similar issues, either:

  1. Poses a risk of harm to self or others, or harm that involves substantial impairment of the educational experience of fellow students; or
  2. Prevents the student from engaging in the essential activities required to pursue an education at the University, notwithstanding accommodations and/or supportive resources made available to the student.

Appeal to Senior Chair of the University Tribunal

A decision by the Provost to confirm the decision of the Vice-Provost, Students, to place a student on a mandated leave of absence, can be appealed to the Senior Chair (or delegate), or the Associate Chair (or delegate) of the Discipline Appeals Board of the University Tribunal.  In such a situation, the student has to file a written notice of appeal, together with any submissions they wish to be considered, within twenty (20) business days of the Provost’s decision. The Provost may also make submissions in response to the appeal.

The time limit for appealing may be extended by agreement between the Student and the Provost or by the decision of the Senior Chair (or delegate), or the Associate Chair (or delegate) where the Senior Chair (or delegate), or the Associate Chair (or delegate) are satisfied that neither party has been prejudiced by the delay.

While the decision is under appeal, the terms and conditions of the mandated leave of absence shall continue to apply.

The Senior Chair (or delegate), or Associate Chair (or delegate) will hear and decide the appeal and their decision is final.

At any time during the appeal process, the student may elect to explore the possibility of a voluntary leave of absence under their division’s policy.  In the absence of an applicable divisional policy, the student may consider a voluntary leave under the provisions of the Supportive Leaves Policy.  If a voluntary leave of absence is agreed upon jointly by the Vice-Provost, Students and the student, then the student’s appeal from the Provost’s decision is discontinued.

At any stage during the review or appeal process, if the student has new information that the student believes may be relevant to the implementation of the mandated leave of absence (including but not limited to medical information), it can be provided to the Vice-Provost, Students.  The Vice-Provost, Students will determine if the information is relevant.  This will not result in a new right of review or appeal, but may result in a discretionary decision to alter the terms and conditions of a mandated leave of absence, or to its discontinuance.  Any such change will only occur after consultation with the student.

do you want an easy way to understand the supportive leaves process?

Click below for an easy-to-understand flowchart illustrating the entire University-mandated leave process.