| C1. |
Filling an Appeal
- Students may appeal charges of Academic Misconduct or the penalties to the Academic Integrity Council.
- Appeals must be filed in writing and must normally be submitted in person as outlined in the procedures associated with this policy. Only complete appeals will be accepted.
- Students must receive advance notice of the scheduling of the hearing and all documentation that will be considered at the hearing from the Academic Integrity Office or the Secretary of Senate. Documentation is normally received within five (5) working days of the hearing. It will be assumed that the information has been received on the date it was picked up or couriered.
- When there is an automatic hearing at the Academic Integrity Council or Senate level, students are required to provide a written response to the Notice of Hearing using the appropriate form found on the Senate website. If the student does not submit the form, the hearing will proceed based on the available information.
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| C2. |
Student Enrollment During Appeal Proces
Students may remain in class and may enrol for courses while their case is under appeal. If students are charged at the end of a semester and, due to the timing of the charge, a hearing cannot be scheduled until the next semester, students may enrol for courses and continue in their program until a final decision is rendered. If the decision results in a DS, a DW or Expulsion being imposed, the student will normally be dropped from all courses and the fees refunded. However, the Panel will have the discretion to determine whether the penalty will come into effect at the end of the previous term or at the end of the term in which the student is currently enrolled |
| C3. |
Timeliness
Every effort will be made to ensure these proceedings are handled in an expeditious manner. Students may contact the Academic Integrity Officer when they are concerned about delays in the process. The AIO may dismiss charges when the University unduly delays the process |
| C4. |
Conflict of Interest:
- No member of a Hearing Panel should have had any prior involvement with the case.
- A member of a Hearing Panel, the student or instructor must disclose any conflict of interest, if known, no less than five (5) days before the hearing. Unless the conflict of interest is resolved, the Panel member shall be replaced.
- If either party raises a conflict of interest regarding any Panel member(s) once the Hearing has begun, the Hearing Panel will judge the extent and validity of the conflict and will decide whether the Panel member may sit on the appeal. The Panel member(s) that is challenged may offer a statement but may not take part in the Panel’s decision on the conflict. If the Panel member is excused and there is no quorum, the Hearing may be adjourned and a new hearing scheduled, or may be held without that Panel member if both parties agree.
- No member of the panel which heard a charge of academic misconduct against a student may serve on a panel hearing a subsequent charge against that student. Normally, members of a hearing panel may not serve on a subsequent panel which is deciding upon a penalty only
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| C5. |
Appeals Committee
- Academic Integrity Council: The Academic Integrity Officer shall establish an Academic Integrity Council, comprised of faculty and student representatives from each of the Faculties,
- Registrar’s Appeals Committee: The Registrar shall establish an Appeals Committee comprised of three (3) members of the Registrariat for appeals outside of a course that are deemed to be the responsibility of the Registrar’s Office.
- Senate Appeals Committee: The Senate Appeals Committee, as established by the Senate By-Laws, shall hear appeals of the decisions of the Academic Integrity Council.
- Hearing Panels:
- Academic Integrity Council Hearing Panels shall consist of at least two (2) faculty members and one (1) student. One faculty member should, where possible, be from the Faculty in which the charge has been made. For graduate student hearings the student panel member must be a graduate student. It shall be decided in advance which faculty member will chair the hearing and write the decision.
- Senate Appeals Committee Panels shall consist of at least two (2) faculty members and one student. For graduate student hearings, the student panel member must be a graduate student. It shall be decided in advance which faculty member will chair the hearing and write the decision.
- Training: All members of the above Committees/Council shall be required to attend annual training session(s) conducted by the office of the Secretary of Senate.
- No member may serve concurrently on the Academic Integrity Council and the Senate Appeals Committee
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| C6. |
Hearings of the Academic Integrity Council or Senate Appeals Committe
- If there is both an appeal of a charge or penalty and an automatic hearing, a panel must be convened to hear the appeal before a second panel can be convened, if necessary, for the automatic hearing.
- If there is an appeal of a charge of academic misconduct which affects a grade or academic standing appeal, the misconduct appeal will be heard before the academic appeal. Once a decision has been reached on the misconduct, the appropriate School/Department/program should be notified so that the academic appeal can proceed. (Note: The academic appeal should not proceed until changes to the academic record resulting from the misconduct hearing, if any, are made.)
- If there is group misconduct, appeals shall normally be heard by the same panel, either individually or in a group. Students may request an opportunity to be heard separately.
- Hearing Regulations
- All Senate hearings will be conducted in a manner consistent with the Statutory Powers Procedure Act (SPPA). A copy of the SPPA is available for review in the Senate Office.
- Representation/Support
- Students may be represented by an advocate at an Academic Integrity Council Hearing who may speak for the student and confer with the student as necessary.
- Students may be represented by an advocate or legal counsel at a Senate Appeals Committee Hearing, who may speak for the student and confer with the student as necessary.
- Students may have a support person in the hearing, but this person may not participate in any way. Students may also bring witnesses, but these must be declared in advance on the appeal form.
- The University may retain legal counsel at the Senate level who may speak for the respondent and confer with the respondent as necessary.
- Procedural Decisions by the Panel
- The Panel Chair may adjourn the Hearing when it is required for a fair process.
- If either the appellant or the respondent fails to attend the Hearing, and there are no extenuating circumstances, the Hearing may proceed in his or her absence. Hearings will not be postponed if a witness, advocate or counsel fails to appear.
- A Hearing is open to the public except when the appellant, respondent or a Panel member requests that the Hearing be closed. Members of the public may not participate in, or in any way disrupt, the Hearing. Any member of the public, or the support person, may be removed from the Hearing by the Panel.
- All witnesses called by either side should be present at the start of the Hearing to be introduced, and then, unless the Panel decides otherwise, only while giving testimony. If the Hearing remains open, witnesses may return after all witnesses have presented their testimony.
- If either party brings witnesses not listed in the appeal form or the Notice of Hearing, the Panel must decide if those witnesses are to be heard.
- If new documentation is presented the Panel must determine if that documentation is to be considered. If there is no objection from the other party, the documentation should be accepted. The Hearing may be adjourned to allow the other party time to review the new documents. The Panel may determine that the documentation is not relevant and is not to be accepted.
- In exceptional circumstances when a member of the Panel cannot attend, the requirement for a quorum can be waived if both parties agree.
- The Hearing may not be audio or video recorded by anyone, and no minutes of the proceedings are taken. The decision letter is considered the official record of the proceedings.
- The Academic Integrity Officer or Secretary of Senate or designate may be present at the Hearing for the purpose of providing advice on procedural issues.
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| C7. |
Decision
- Burden and Standard of Proof: In a Misconduct appeal the onus is on the University (e.g. instructor, Chair/Director) to show that misconduct has occurred and that the penalty assessed or recommended is reasonable and in keeping with the nature of the misconduct. The standard of proof in all decisions shall be “a balance of probabilities”. This means that, in order for students to be denied their appeals, it must be shown that it is more likely than not that the student committed academic misconduct.
- The Chair of an Academic Integrity Council Panel must forward a copy of all appeals decisions to the student, instructor, Chair/Director, Dean, Dean of Graduate Studies where appropriate, Academic Integrity Officer, and Registrar. Appeal decisions of the Senate Appeals Committee will be sent, in addition, to the Chair of the Academic Integrity Council Panel.
- The Academic Integrity Council may assign a penalty higher than the one recommended by the instructor or Chair/Director in exceptional circumstances if new evidence is presented in an appeal or an automatic hearing, or if the assigned or recommended penalty differs dramatically from the published penalty guidelines.
- The Academic Integrity Officer will:
- review all Hearing Panel decisions and bring those which are inconsistent to the attention of the appropriate parties; and
- maintain statistics on Academic Misconduct and report these, in a non-identifying manner, to the Deans on an annual basis
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