How to File an Appeal

who can file an appeal?

Both students and the University can file an appeal within the 21 calendar day appeal period.

what must i do to file an appeal?

You and the Provost have 21 calendar days from the date the Panel releases the Decision either at the hearing, or at a later date if the Decision was reserved by the Panel at the hearing.

You should set forth the grounds of the appeal (i.e., why are you appealing) in terms that coincide with the Discipline Appeals Board’s jurisdiction, as per section E(7) of the Code of Behaviour on Academic Matters. Once the Notice of Appeal is filed, an appeal is set in motion with the Discipline Appeals Board.

You and the Provost are given 21 calendar days from the date the Tribunal's decision or the Order, whichever is first, to file an appeal. An extension of time may be granted in exceptional circumstances.

An appeal may only be taken in the following cases:

a) by the Student from a conviction at trial upon a question which is not one of fact alone;

b) by the Provost from an acquittal at trial, upon a question which is not one of fact alone;

c) by the Student or the Provost from a sanction imposed at trial.

An appeal is initiated by filing a written Notice of Appeal with the ADFG Office briefly stating the relief sought (i.e., what do you want to happen as a result of the appeal, or what is the outcome that you want to achieve as a result of the appeal) and the overall grounds upon which the appeal is taken (ie. the arguments and/or reasons you will use to prove your case). At this stage it does not need to include your detailed arguments (ie. your arguments that are based on fact(s)) or documents upon which you intend to rely. Here is a template Notice of Appeal you can use to assist you in drafting your Notice of Appeal.

In order to file an appeal you MUST:

Provide your Notice of Appeal in writing by the appeal deadline stating the grounds/basis for the appeal. (These do not have to be lengthy. The point here is not to argue the appeal, but to explain the basis on which you are bringing your appeal. This portion of your appeal must be submitted by the 21 calendar day deadline.)
Inform the ADFG Office in writing if you wish to refer in the argument of the appeal to the transcript of oral proceedings at trial, and order five (5) certified copies of the transcript, plus an original, normally at your expense. (You can request an estimate through the ADFG Office before ordering the transcripts.)
Note: Our office has suspended the requirement to file paper copies of the transcript. Only an electronic copy is required. Please contact the ADFG Office prior to submitting your appeal, in case the requirement for submitting certified paper copies of the transcript has changed between the time you initially referenced this page, and the date you are submitting your request for the transcript. You may also visit this page before submitting your appeal, for up-to-date information regarding the requirements for transcripts.
Agree on a timetable with Discipline Counsel for submission of your appeal materials, and their responding materials.
Prepare and file with the ADFG Office your appeal material, including a document summarizing the facts and law you intend to rely on to support your appeal submissions.

Transcripts from the Hearing

Appeals proceed on the basis of the evidence admitted at the Tribunal trial hearing, and not based on new evidence (except in certain limited circumstances - see section E.8. of the Code). If you wish to rely on the evidence from the trial you will require some or all of the transcripts from your Tribunal hearing. You need to submit your appeal by the deadline (please see item 1 listed above regarding the deadline) even if you will be ordering the transcripts from your hearing and have not yet received them.

Timeliness of the Appeal

You or your representative and Discipline Counsel will be expected to confer on a schedule to submit appeal materials. The materials supporting your appeal are in addition to the Notice of Appeal, and do not have to be submitted with the Notice of Appeal. They usually include a legal document called a factum, which sets out the facts and law upon which you intend to rely.

New Evidence

If you wish to introduce new evidence at the appeal that was not available or was not adduced at trial, you will need to request the consent of the Discipline Appeals Board to do so, and will be expected to provide an explanation as to the existence of exceptional circumstances to warrant its introduction. (see section E.8. of the Code)

what are the powers of the discipline appeals board?

For a comprehensive list of the powers of the Discipline Appeals Board, please see page 15 of the Code of Behaviour on Academic Matters and page 4 of the Discipline Appeals Board Terms of Reference.

DISCIPLINE APPEALS BOARD TERMS OF REFERENCE, APPENDIX A

Appeals (Academic Offence)

7. The Discipline Appeals Board has a number of powers with respect to an appeal matter. It can:

a) Dismiss an appeal summarily and without a formal hearing if it determines that the appeal is frivolous, vexatious or without foundation;

b) In exceptional circumstances, order a new hearing;

c) Affirm, reverse, quash, vary or modify the verdict, penalty or sanction and substitute any verdict, penalty or sanction that could have been given or imposed at trial

8. Appeal not a trial de novo

An appeal shall not be a trial de novo, but in circumstances which it considers to be exceptional, the Discipline Appeals Board may allow the introduction of further evidence on appeal which was not available or was not adduced at trial, in such manner and upon such terms as the members of the Board hearing the appeal may direct.

9. Award of costs

Where it is considered to be warranted by the circumstance, the Board may in its discretion, award costs of any proceedings on appeal, and may make orders as to the party or parties to and by whom and the amounts and manner in which such costs are to be paid.

10. Stay unless otherwise ordered

An appeal operates as a stay of the Decision appealed from unless the Senior Chair of the Tribunal, on behalf of the Discipline Appeals Board, otherwise orders upon application by the accused or the Provost.

what happens to a sanction when i file an appeal?

The sanctions that were ordered in the original Tribunal Decision will be stayed (ie. temporarily stopped from being imposed on the your academic record), and will not take effect, unless otherwise ordered by the Senior Chair of the Tribunal. Therefore, the transcript will appear as it had prior to the Tribunal Decision.