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Academic Discipline & Academic Discipline Appeals
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who can file an appeal?
Students can file an appeal within the 21 calendar day appeal period.
what are the grounds for filing an appeal?
For more information on grounds for 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.
what are the powers of the discipline appeals board?
For a comprehensive list of the powers of the Discipline Appeals Board, please see page 6 of the Discipline Appeals Board Terms of Reference.
Code of Student Conduct: Appeals Procedures (Non-academic Offence)
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.
how do i file an appeal?
For more information on filing an appeal, please see Appendix B.1.b of the Discipline Appeals Board Terms of Reference.
Once you are notified of the outcome of your hearing, you are given 21 calendar days to file an appeal. In order for you to file an appeal, you must have adequate grounds (See section: "What are the Grounds for Filing an Appeal?").
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.
In order to file an appeal you MUST:
- Provide your Notice of Appeal in writing by the appeal deadline states 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.)
- Agree on a timetable with the Division and/or Division's 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.
Timeliness of the Appeal
You or your representative and the Investigation Officer 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.
*Note: “The Hearing Officer shall ensure that a tape recording is made of all sessions of a hearing. Such tape recordings shall be kept by the head of the Division for at least 90 days after notice has been given of the decision of the hearing” (Code of Student Conduct – Memorandum on the Maintenance and Use of Records of Non-Academic Discipline Proceedings, paragraph 7).
what happens to a sanction when i file an appeal?
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 it was 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. Penalties will be implemented immediately after the DAB's Order or Reasons for Decision is issued, whichever is first.