Definitions

A collection of the paperwork associated with the Appeal. It will include the Notice of Appeal, any Orders made regarding the appeal, and any exhibits filed at the trial.

The party who is appealing the decision. In the Non-Academic Appeals context, only the Student can appeal.

A book that contains case law that are relevant to the current matter to assist the party in making their argument.

A written argument in which you summarize the facts of the case, and then argue why the appeal should be granted/dismissed, referring to any case law that helps support your argument.

The grounds of appeal are the reasons you are appealing the decision, in other words what you say the Hearing Officer 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 who have been charged under the Code of Student Conduct. The DLS Office is 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.  

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 are immediately imposed.

*NOTE: Orders are not always issued.

The written description of the case, its findings, and the reason for these findings.  (a.k.a. the 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 (i.e. cancel) the finding of guilt and substitute a verdict of not guilty  
• To send the case back for a new hearing
• To reduce the sanction, for example, by reducing the period of the suspension 

The party who is responding to the appeal.

Upon the filing of a Notice of Appeal, 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 Student's transcript will appear as it had prior to the order of the Tribunal. Therefore, the transcript will appear as it had prior to the decision of the Hearing Officer.

Without discussion or legal process.

A new trial or hearing. Generally, an appeal before the Discipline Appeals Board is not a trial de novo. An appeal is based solely on the evidence and exhibits (e.g. documents) filed at the hearing.  However, 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.