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.

In order to file an appeal you MUST:

1. 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.)

2. 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, normally at your expense. (You can request an estimate through the ADFG Office before ordering the transcripts.)

3. Agree on a timetable with Discipline Counsel for submission of your appeal materials, and their responding materials.

4. 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 )