Appeal Process for Eviction from Student Residences

Please complete the electronic Request for Appeal form and submit within three (3) College business days of the receipt of your eviction letter.  This form will be automatically sent to:

Residence Life Judicial Appeal Board
c/o Rob Marsh
General Manager, Housing Services
Fleming College

Grounds for an Appeal

A resident may appeal the eviction on the following grounds:

  1. Personal Bias / Unfair Treatment: perceived unfair treatment based on the Case Manager not following the process as outlined in the Residence Student Handbook. Perceived unfair treatment based on the sanction not fitting or appropriate based on the violation.
  2. New information / Extenuating Circumstances: If the complaint or respondent has new information, or documentation of extenuating circumstances that was not available at the time of the original investigation.

If neither of these grounds are met the resident will be informed in writing within two (2) College business days that the request for appeal has been denied.

If any of the terms and conditions of the Residence Agreement are broken prior to the date of the eviction deadline as stipulated in the eviction letter, the resident will be immediately evicted.

Process for Appeals of Evictions

  1. A Resident is required to vacate the residence community by the deadline indicated in their eviction notice. This requirement will not be altered except in cases where the Appeal Board overturns the eviction, or modifies the deadline due to exceptional circumstances.
  2. In situations where the eviction is due to physical harm or threats of violence the eviction deadline will be within 24 hours of receiving the eviction letter regardless of the appeal process.
  3. A Resident has three (3) College business days from the receipt of an Eviction notice to submit a completed online appeal form.
  4. The General Manager, Housing Services (or designate) will call an Appeal Board hearing within five (5) College business days of the receipt of the appeal form.
  5. A Resident may be accompanied by an advisor from the College / Community member (e.g. counsellor, faculty member, student, etc.). The role of such an advisor would be to advise and support the Resident during the proceedings, not to speak on behalf of the Resident.
  6. The Appeal Board will review the appeal form submitted by the resident, as well as any other relevant documents. The Appeal Board may also choose to interview the resident, and/or other individuals with information relevant to the eviction decision.
  7. The Appeal Board has the ability to either uphold the eviction status, or if overturned determine an appropriate sanction if any to the Resident.
  8. Once the Appeal Board has met and made a decision, the resident will be informed of the decision in writing within one (1) full business day of the meeting.
  9. The decision of the Appeal Board is final and not subject to further appeal.