Definitions

Where a hearing/meeting is delayed to another specified date and time.

A process where a panel receives and considers evidence and arguments presented by both sides in a matter and makes a binding decision by applying the relevant policies and procedures in the case.

An ASF is a document that provides the facts of the case, as agreed upon by Counsel for the University and the accused Graduate. An ASF is generally used in guilty pleas (full ASF), but can also be used to narrow issues at contested hearings (partial ASF).

A book that contains a variety of University of Toronto Tribunal and Judicial Board decisions that are relevant to the current matter. This provides guidance for the finding of liability (guilty or not guilty) and the sanction. 

See Case Summaries and Reasons for Decision for University of Toronto Tribunal decisions.

Follows the Examination in Chief (see below). Cross-examination is an opportunity for the opposing side to ask questions of the witness. Cross-examination is done for various reasons including to: adduce evidence that helps, minimize evidence that hurts, and to undermine the witness' credibility and reliability.

When a student has completed all of the requirements for convocation but has not yet convocated.  In this situation the student is permanently barred from convocating.

When a student has convocated and received the physical parchment but is required to return the parchment.  NOTE: The term recall and revoke are often used interchangeably by university officials.

Disclosure is a package of documents which contains all the information that has been assembled by the University during the investigation of the alleged misconduct. Disclosure is provided to the Graduate after charges are laid.

Something that is submitted to the Judicial Board to help establish one's argument.  Evidence is submitted to help prove the truth of a matter.  Evidence can consist of things like pictures, documents and oral testimony.  

Where a witness will be sworn in and will answer questions by the party who has brought them in to testify.   

A student who has completed their degree/convocated from the University.

In private; discussions between Panel members only.

A JSP is a document that provides the penalties that are agreed upon by Counsel for the University and the accused Graduate.

Where an offence is described as depending on "knowing", the offence shall likewise be deemed to have been committed if the person ought reasonably to have known.

A legally qualified person who represents the interests of the Graduate. 

A written application to the Judicial Board for a specific action to happen in which the Chair will make the final judgment.  Also see the Rules of Practice and Procedure, Part 7.

A document that is sent to the Graduate from the ADFG Office that outlines the date, time, place of the hearing. It will also include the names of the panel members who will be presiding over the Graduate's hearing. 

This NOH is sent to the Graduate in advance of his or her hearing as an official notice of the hearing. 

A panel of three adjudicates each hearing, consisting of a legally qualified Chair, one student member of the Governing Council, and one teaching staff member of the Governing Council.

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 may be immediately imposed.  Generally, an Order will not be issued if a decision regarding sanction has not been made.

The right for both sides to be heard and judged by an impartial judge or panel of judges. More specifically, the principles of natural justice entitle both parties to:

• Receive notice of the hearing
• Request an adjournment
• Receive disclosure of information
• Be represented at the hearing (e.g. by a lawyer)
• Call witnesses, including expert witnesses
• Cross-examine the other side
• Make proper objections
• Make submissions
• Know what the case is about
• Have a decision based on evidence at the hearing
• Right to participation

The right to an impartial/unbiased judge or panel of judges means judges who:

• Leave behind pre-conceived notions about aspects of the case
• Base the decision on actual evidence
• Know the difference between asking difficult questions and hostility towards either party
• Are sensitive to comments before, during and after the hearing, including breaks at the hearing
• Are sensitive to perception of bias towards one side or another
   

The principles of natural justice are also known as "Procedural Fairness".

The Judicial Board's written description of the case, its findings, and the reasons for those findings. This is an official document that all of the Judicial Board members have reviewed and is posted online, with the Graduate's name withheld (a.k.a. Decision).

The Rules govern various process issues that may arise at the Judicial Board.