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.