The Discipline Appeals Board hearing is NOT a new hearing, but rather, is a hearing to review the decision of the Tribunal. As with Tribunal hearings, each Discipline Appeals Board hearing proceeds differently and at the discretion of the Senior Chair or Associate Chair. These hearings may or may not be recorded, and the Chair will determine whether he or she would like to have an audio record of the proceedings.
Discipline Appeals Board hearings are open to the public in accordance with s.9.(1) of the Statutory Powers Procedure Act, R.S.O. 1990, Chap. S.22 as amended. Normally, however, only the individuals who are directly involved in a case will attend the hearing, that is, the 4 (four) panel members, the Student, with counsel if applicable, Discipline Counsel, with divisional representatives and the ADFG Secretary or designate.
Below is general information about what you can usually expect to happen at a Discipline Appeals Board hearing:
Opening Remarks
• The Chair will make introductory remarks and will introduce him or herself and the other panel members.
• Discipline Counsel will introduce him or herself and any individuals that her or she has brought with them.
• You or your counsel will introduce yourselves and individuals you have brought.
Hearing of the Appeal
• Except in exceptional circumstances, an appeal is argued on the basis of the evidence and record of the initial hearing. In exceptional circumstances and with the permission of the Discipline Appeals Board, new evidence may be submitted.
• The party who has appealed then sets out in oral argument the relief that party seeks (ie. is the party seeking that the finding of guilt or not guilt be reversed, or looking for a different sanction than what was imposed by the Tribunal), and the legal and factual basis for that relief (ie. the facts and points which the party is relying on to support their arguments, based on what was imposed by the Tribunal).
• The responding party (you or your representative or Discipline Counsel) then responds with an argument of the legal and factual basis upon which it is argued the appeal should be denied.
• The appealing party then has a brief opportunity to respond to new issues that have come up in the responding arguments which were not evident at the time of the appellant’s argument.
• Panel members may ask questions of any of the parties.
Panel Retires to Deliberate in camera (in closed session)
• The panel will end the hearing and will deliberate (in camera - in private; between panel members only) to determine the appropriate outcome.
Decision and Reasons
• In circumstances where the reasons for decision are not provided at the time of the hearing, you can normally expect written reasons to be delivered within 90 days. The ADFG Office will distribute the decisions with written reasons to you or your representative and Discipline Counsel once they have been finalized and received.