Student Appeal Policy
– May 26, 2022
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STUDENT
APPEAL
POLICY
Policy Type:
Management
Initially
Approved:
May 26, 2022
Policy Sponsor:
Vice-President,
Students
Last
Revised:
Primary Contact:
AVP Student
Experience and
Success
Review
Scheduled:
May 26, 2027
Approver:
Board of Governors
A.
OVERVIEW
The University is committed to ensuring that Students have the right to a fair and equitable process
for the lodging, hearing, and resolving allegations of student misconduct, including the right to
appeal. The General Faculties - Council Student Affairs Committee is responsible for the oversight
of this policy and associated procedures.
This policy outlines the impartial forum and administrative process where Students can appeal
decisions of both academic and non-Academic Misconduct. The Board of Governors, through
approval of this policy, has delegated authority on student appeal as outlined in this policy and
accompanying procedures.
B.
PURPOSE
This policy, and the associated procedures, provide a means to appeal decisions and resolutions
associated with the Code of Student Community Standards and the Code of Student Academic
Integrity policies. The policy outlines the process and responsibilities of those involved in
requesting, conducting and resolving appeals.
C.
SCOPE
This policy provides a final appeal for decisions and resolutions made in accordance with the
following policies:
● The Code of Student Academic Integrity
● The Code of Student Community Standards
● The Sexual Violence Response Policy
Appeals submitted under this policy are to review the decision and decision making process, they
are not a re-hearing of the case. This policy does not address the evaluation of academic work,
including grade review or University admission related decisions.
Student Appeal Policy
– May 26, 2022
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D.
POLICY STATEMENT
The Student Appeal Committee (the Committee) is a standing committee of the General Faculties
Council
– Student Affairs Committee. The Committee provides an impartial forum for a student
who wants to appeal (Appellant) Academic and Non-Academic Misconduct decisions. The
decisions of the Committee are final.
1.
MEMBERSHIP
1.1.
The chair of the General Faculties Council - Student Affairs Committee will strive
to have the Committee membership be reflective of the breadth of academic
scholarship and representative of the diversity of the University Community and
appoint members as follows;
a. Two (2) faculty members from each of the University faculties appointed for a
period of two (2) years with an option for a single renewal term
b. One (1) student from each faculty appointed for a period of one (1) year with
an option for a single renewal term
c. Five (5) staff members for a period of two (2) years with an option for a single
renewal term
1.2.
The secretary to the General Faculties Council - Student Affairs Committee or
designate will provide administrative support to the Committee by maintaining
documents and records associated with the activity of the Committee.
2.
COMMITTEE CHAIR
2.1.
The Provost and Vice-President Academic will appoint a Chair for the Committee,
from the membership outlined above, for a term of three (3) years. A Vice Chair
will be elected annually by the Committee.
2.2.
The Committee Chair’s responsibilities include:
a. Ensuring all members receive training to complete their role;
b. Reviewing Appeal Request Forms (Request) to determine whether grounds
for an appeal are met;
c. Convening the Committee members to serve as members of a Hearing Board;
d. Appointing a Hearing Board Chair for each appeal;
e. Maintaining reporting requirements of the Committee.
3.
HEARING BOARD
3.1.
An appeal will be heard by a Hearing Board, a three (3) person panel appointed
by the Committee Chair from the Committee membership. Hearing Board
members will be selected to avoid conflicts of interest; have representation of roles
associated with the type of misconduct and avoid causing harm to students or
other members.
3.2.
An academic misconduct appeal must have at least one (1) faculty member and
one (1) student member;
Student Appeal Policy
– May 26, 2022
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3.3.
A non-academic misconduct appeal will have at least one (1) Faculty or staff
member and at least one (1) student member unless otherwise decided by the
Committee Chair;
3.4.
The Committee Chair will appoint a Hearing Board Chair from the faculty or staff
membership;
3.5.
No Hearing Board member may have previous knowledge of the case and where
possible should not have affiliation with the Appellant’s faculty of study;
4.
GROUNDS FOR APPEAL
4.1.
A Student may Request an appeal on one (1) or more of the following grounds:
a. A procedural error occurred that may have reasonably affected the fairness of
the process or may have altered the outcome of the case;
b. A reasonable demonstration that the Decision Maker(s) had an unfair bias;
c. There is new information that was not reasonably available at the time of the
decision and would likely have resulted in a different outcome;
d. A reasonable demonstration that the resolution(s) imposed was unreasonable
when considering the circumstances of the case.
5.
REQUESTING AN APPEAL
5.1.
A Student who wishes to appeal a decision under this policy may do so in writing
within ten (10) business days of the original decision being received. The
Committee Chair may extend the timeline to appeal if deemed appropriate. The
Request must include:
a. The ground(s), listed above, under which the appeal is being requested
b. An explanation of the grounds that support the request;
c. The original decision being appealed;
d. A description of the resolution being sought;
e. All documents and information to be used as part of the appeal including a list
of any documents being requested that are not in the Appellant’s possession;
f.
A list of any Witnesses who would be participating and Support Person who
would be in attendance;
g. A request, if desired, for the temporary suspension of a resolution(s) and the
reasons why needed.
5.2.
The Appellant may withdraw their Request for appeal at any time.
6.
APPEAL HEARING
6.1.
The Committee Chair is responsible to determine when grounds for an appeal
have been met by an Appellant. If the grounds have not been met, the Committee
Chair will draft a written decision, including reasons, and provide it to the Appellant.
If met, an Appeal Hearing will be granted, and the Committee Chair will appoint
members to the Hearing Board and normally schedule the appeal hearing within
Student Appeal Policy
– May 26, 2022
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thirty (30) business days. The Committee Chair may extend the time if deemed
appropriate.
6.2.
The Committee Chair will review the Appellant request for temporary suspension
of a resolution(s) and may consult with University Officials in assessing the
associated risks prior to a decision outcome. The Committee Chair will
communicate in writing any removal of any temporary resolutions to the
appropriate University Officials.
6.3.
Appeal hearings are closed to the public and are either held in person or virtually
and the Hearing Board Chair is responsible for conducting the hearing in
accordance with the Student Appeal Procedures.
7.
DECISION
7.1.
Upon the completion of the appeal hearing, the Hearing Board will deliberate.
Deliberations are closed, and no records of the deliberation will be kept. The
Hearing Board may find:
a. In favour of the Appellant and alter the original outcome;
b. In favour of the Appellant and require a new process to occur;
c. Against the Appellant and uphold the original decision;
7.2.
The Hearing Board Chair will prepare a written decision, including reasons,
normally within five (5) business days of the hearing. The decision letter will be
circulated to the Appellant, the Decision Maker, the Committee Chair, and the
Registrar should the decision require an adjustment to the academic record. The
decision of the Hearing Board is final.
8.
RECORDS AND REPORTING
8.1.
All documents and records collected as a result of these policies and procedures
will be maintained in compliance with the University’s Records Policy and the
Alberta Freedom of Information and Protection of Privacy Act. The OSCS is
responsible for maintaining all records separate from a student’s academic record.
8.2.
The Committee will prepare an annual statistical report of all appeals according to
the Code of Student Community Standards and the Code of Student Academic
Integrity policies for the General Faculties Council
– Student Affairs
Committee. This report shall be anonymized and ensure no identifying information
is included.
E.
DEFINITIONS
(1)
Appellant:
means the person who has been found responsible for a
Policy breach and is initiating the appeal Request.
(2)
Committee Chair:
means the individual responsible for coordinating the
appeal review process and appointing Hearing Chairs and
convening the Hearing Boards.
Student Appeal Policy
– May 26, 2022
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(3)
Decision Maker:
means the person responsible for determining whether or
not a violation of a policy has occurred and assigns a
resolution.
(4)
Hearing Board
refers to the panel of three (3) members of the University
who will review the findings of the Decision Maker.
(5)
Hearing Board Chair:
means the individual facilitating the appeal process and
who is responsible for ensuring a fair review.
(6)
Request:
an online form used to submit a request to review a
decision issued as part of the Code of Student Academic
Integrity or Code of Student Community Standards policies.
(7)
Support Person:
an individual, unrelated to the report/incident, who can
attend meetings throughout the course of an investigation
or appeal to provide personal support but may not speak
on their behalf.
(8)
University:
means Mount Royal University.
(9)
University Community:
includes Students, Employees, the Board of Governors,
Contractors, Volunteers and Visitors to the University.
(10)
University Officials:
a person acting in the capacity as outlined by their
employment at the University.
(11)
Witness(es):
means an individual who was present, either immediately
before, during, or after an incident who may have
information regarding the report/incident. Witnesses will
only be present at the time of their presentation of
information.
F.
RELATED POLICIES
● Code of Student Academic Integrity Policy and Procedure
● Code of Student Community Standards Policy and Procedure
● Information Security Policy
● Privacy Policy
● Records and Information Management Program Policy
G.
RELATED LEGISLATION
● Alberta Post Secondary Learners Act
● Alberta Freedom of Information and Protection of Privacy Policy
H.
RELATED DOCUMENTS
● Appeal Request Form
Student Appeal Policy
– May 26, 2022
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I.
REVISION HISTORY
Date
(mm/dd/yyyy)
Description of
Change
Sections
Person who
Entered Revision
(Position Title)
Person who
Authorized
Revision
(Position Title)