How to File an Appeal

Students can file an appeal within the 21 calendar day appeal period.

For more information on filing an appeal, please see Appendix B.1.a of the Discipline Appeals Board Terms of Reference. 

1. Nature of Appeals

a) An appeal to the Discipline Appeals Board may be taken from a decision in the following cases only:

• i) by the accused from a conviction, upon a question which is not one of fact alone;
• ii) by the accused from a penalty imposed.

For a comprehensive list of the powers of the Discipline Appeals Board, please see page 6 of the Discipline Appeals Board Terms of Reference.

APPENDIX B

Code of Student Conduct: Appeals Procedures (Non-academic Offence)

3. Powers

a) The panel shall have the power

• i) to dismiss an appeal summarily and without formal hearing if it determines that the appeal is frivolous, vexatious or without foundation;
• ii) in circumstances which the panel consider to be exceptional, to order a new trial; and
• iii) in any other case, to affirm, reverse, quash, vary or modify the verdict, penalty or sanction appealed from and substitute any verdict, penalty or sanction that could have been given or imposed at the trial.

b) An appeal shall not be a trial de novo, but in circumstances which it considered 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 the trial, in such manner and upon such terms as the members of the Board hearing the appeal may direct. 

c) Any penalty of remedy shall be stayed pending the outcome of any appeal to the Disciple Appeals Board.

For more information on filing an appeal, please see Appendix B.1.b of the Discipline Appeals Board Terms of Reference.

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. 

You must appeal on one of the following bases, as an appeal to the Discipline Appeals Board may be taken from a decision in the following cases only: 

i) by the accused from a conviction, upon a question which is not one of fact alone;

ii) by the accused from a penalty imposed.

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 (i.e. the arguments and/or reasons you will use to prove your case).  At this stage it does not need to include your detailed arguments (i.e. your arguments that are based on fact(s)) or documents upon which you intend to rely. 

Note that the relief you seek (i.e., what you want to happen as a result of the appeal) must coincide with the Discipline Appeals Board’s jurisdiction. 

Once the Notice of Appeal is filed, an appeal is set in motion with the Discipline Appeals Board.

See What Must I Do to Have my Appeal Heard? for information on next steps.

For more information on the stay on sanction(s), please see paragraph 15 of the Memorandum of Procedures for Hearings arising from the Code of Student Conduct, which can be found on page 11 of the Code.

Should the Student file an appeal against the Decision of the Hearing Officer, the sanctions that were ordered in the original Hearing Officer's decision will be stayed, and will not take effect, unless otherwise ordered by the Senior Chair of the Tribunal. Therefore, the transcript and the Student’s status at the University will be as they were prior to the decision of the Hearing Officer.

The Discipline Appeals Board will issue the penalties or remedies by issuing an Order or Reasons for Decision. If applicable, penalties will be implemented immediately after the DAB's Order or Reasons for Decision is issued, whichever is first.