Hearings are open to the public in accordance with s. 9.(1) of the Statutory Powers Procedure Act, R.S.O. 1990, Chap. S.22, as amended. Normally, however, only the individuals who are directly involved in a case will attend the hearing, such as, the three panel members (one legally-qualified Chair, one teaching staff member and one student member); the Student appellant; counsel representing the appellant, if any; the Divisional representative; counsel representing the Division, if any; and a staff member from the ADFG Office.
The Student or Division may request a closed hearing on the Notice of Appeal Form. The reasons for requesting a closed hearing will be reviewed by the Chair at the beginning of the hearing.
Hearings normally begin at 8:45 a.m. or at 1:45 p.m., and are usually held from Monday to Friday. The duration of each appeal hearing is approximately 2 - 3 hours, therefore a morning appeal hearing would be booked from 8:45 a.m. to 11:45 p.m., and an afternoon appeal hearing would be booked from 1:45 p.m. to 4:45 p.m. As hearings may take longer, you and the Division should plan to stay longer. The ADFG Office asks that you, the Division and the other attendees bring your calendars to the hearing to facilitate the scheduling of another hearing date and time, should a hearing take longer than the scheduled time.
The Chair determines how the hearing is run. Hearings do not always proceed in the same manner. Academic appeals hearings generally proceed as follows:
Introduction
• Introduction of the Committee and attendees by the Chair
• Explanation of how the hearing will proceed
Student Submissions
You will summarize your case (this may be done on your own, or through a representative/counsel). You need not repeat every detail from your documents, as the panel members will have read all of the materials in advance.
• The Committee will have an opportunity to ask you questions
• The Division's representative will have an opportunity to ask you questions
Division’s Submissions
The Division's representative will summarize its case and respond to your submissions (it may do so on its own or through counsel).
• The Committee will have an opportunity to ask the Division questions
• You will have an opportunity to ask the Division's representative questions
Student’s Reply
You can reply to the Division’s response, but only regarding new information that was raised by the Division in its submissions.
• The Committee will have an opportunity to ask you questions
• The Division's representative will have an opportunity to ask you questions
Conclusion
The panel will offer both you and the Division an opportunity to provide concluding remarks.
Deliberation
The Division, the Student and the ADFG staff will leave the hearing room, and the Committee will deliberate in private, and eventually arrive at a decision.
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