Appeal Process for Eviction from Student Residences

Please complete the electronic Request for Appeal form and submit within three (3) College business days no later then 4:30pm of the receipt of your eviction letter.  This form will be automatically sent to:

Residence Life Judicial Appeal Board
c/o Greg Jefford
Manager, Student Experience & Athletics
Fleming College

Grounds for an Appeal

A resident may only appeal the eviction on one, or both, of 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.

Eviction Appeal Procedure

  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 two (2) College business days from the receipt of an Eviction notice to submit a completed online appeal form.
  4. The Manager, Student Experience & Athletics (or designate) that their sole discretion will review the appeal information submitted to determine if the grounds for an appeal have been met and respond to the Resident in two (2) business days.
    1. The Manager, Student Experience & Athletics will notify the resident their appeal will be heard and may choose to extend the move-out date, at their sole discretion, until after the appeal decision.
  5. If grounds for an appeal have been met, the General Manager, Housing Services (or designate) will call an Appeal Board hearing within five (5) College business days.
  6. 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.
  7. 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.
  8. The Appeal Board decision will be to uphold or grant the appeal. The Appeal Board does not have the authority to issue a subsequent sanction. The Residence Management Team will determine if another sanction will be applicable based on the findings.
  9. Once the Appeal Board has met and made a decision, the resident will be informed of the decision in writing within two (2) business days of the meeting.
  10. The decision of the Appeal Board is final and not subject to further appeal.