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A complainant/respondent may appeal the following under the Student Rights and Responsibilities policy and procedures:
a) A decision that a student has been in violation of their Student Responsibilities.
b) A sanction imposed as a result of a violation of Student Responsibilities.
An appeal of the above decisions must be made within 10 business days of the decision being appealed. An appeal not made within the time limit will not be heard unless there are, in the opinion of the College, exceptional circumstances.
Appeals will only be considered if they meet the appropriate grounds for an appeal. Grounds include:
- Personal Bias / Unfair Treatment: perceived unfair treatment based on the Case Manager not following the process as outlined in this policy. Perceived unfair treatment based on the sanction not fitting or appropriate based on the policy violation, as stated in Section 5: Possible Sanctions.
- 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.
The appellant (complainant or respondent) will complete an online Appeal Request Form which will include the following information: their name, the decision being appealed, the reason(s) for requesting an appeal, and the solution which the appellant is requesting from the appeals process.
If evidence is not provided for either of the above grounds being met, the appellant will be informed in writing. If the appeal is granted an appeal tribunal will be formed. During the appeal process the respondent(s) is still required to adhere to the conditions of the sanction(s) issued.
Appeals dealing with a suspension of more than 5 days or an expulsion will be heard by the Vice President Academic Experience. All other appeals will be heard by the Vice-President Student Experience.
The Vice-President Student Experience/Vice President Academic Experience or designate will hear the appeal in the following way:
Convening an Appeals Tribunal which will hear the appeal and provide a written decision, normally within ten (10) business days except in exceptional circumstances of receipt of the documented appeal.
The Appeals Tribunal will consist of the following members:
- The Vice-President Student Experience/Vice President Academic Experience or designate (Committee Chair)
- One faculty or staff member, from a different department or service area
- One Student chosen by the Student Administrative Council/Student Association
Any individual who has been involved in or has made a decision with regard to the issue being appealed shall not be part of the appeal process.
The Vice-President Student Experience/Vice President Academic Experience or designate shall co-ordinate the procedures at an appeal ensuring procedural fairness, taking care to see that all persons affected by the decision of the Tribunal are given a reasonable opportunity to present their case and that the Tribunal members listen fairly to both sides and reach a decision without bias.
All parties to the proceedings of the Appeals Tribunal shall be given reasonable notice of the time, place and purpose of the meeting.
A person appealing 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 student during the proceedings, not to speak on behalf of the student.
- Be present during their portion of the proceedings (with the exception of deliberations by the Appeals Tribunal)
- Present submissions and call voluntary witnesses as might be required to support their argument
- Present a line of questioning to the appeal tribunal or case manager as reasonably required for a full and fair disclosure of the facts.
Other individuals may, subject to advance consultation with the Tribunal Chair, present submissions relevant to the matter in question.
A student involved in an appeal procedure will have the right of access to all relevant data bearing on the decision being appealed subject to the College’s Access to Privacy Policy or other appropriate policies.
Within three (3) business days of the decision by the Appeals Tribunal, the Vice-President Student Experience/Vice President Academic Experience or designate shall notify the student(s) of the decision in writing stating the reasons for the decision.
The Appeal decision shall be final and binding.