Student Appeal Procedure
– May 26, 2022
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STUDENT APPEAL
PROCEDURE
Procedure
Type:
Management
Initially
Approved:
May 26,
2022
Procedure
Sponsor:
Vice-President,
Students
Last Revised:
Primary
Contact:
AVP Student
Experience and
Success
Review
Scheduled:
May 26,
2027
Approver:
Executive Leadership Team
A.
PROCEDURES
This document outlines the procedures associated with the Student Appeal Policy. They provide
guidance and information about the administrative process used to conduct appeals of Academic
and Non-Academic Misconduct. They outline the roles, steps, and processes that will be used in
the delivery of appeals as part of an administrative process that upholds the principles of Procedural
Fairness and the use of Trauma-Informed Practices.
The General Faculties Council - Student Affairs Committee has responsibility for the administration
of the Student Appeal Policy and provides administrative support for the process outlined within
these procedures.
A member of the University Community can contact the Office of Student Community Standards
(OSCS) confidentially to discuss the Student Appeal Policy and explanations of the procedures.
1. THE STUDENT APPEALS COMMITTEE
1.1
The Student Appeals Committee (the Committee) membership will be maintained by
the Committee Chair. All members will be provided training in the delivery of
administrative tribunals, procedural fairness, and Trauma Informed Principles. The
Committee will also provide additional training as needed.
2. APPEAL REQUEST
2.1
A student wishing to
a
ppeal (Appellant) can request an appeal in writing within ten
(10) business days of the date of the original decision. The Appellant is encouraged
to seek support or guidance from trusted sources including Student Association
Advocacy or the OSCS. The Appellant can complete the Student Appeal Request
Form (Request). The Request is submitted to OSCS who will review it for
completeness as per Section 5.0 of the Student Appeal Policy. Once complete, the
OSCS will provide the Request to the Committee Chair for review. The Committee
Chair will:
a. Review the Request and determine if the Grounds as per Section 4.0 of the
Student Appeal Policy have been met. If it is determined that there is
Student Appeal Procedure
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insufficient information provided, the Committee Chair may ask the Appellant
to provide additional information;
b.
If determined that there are no Grounds for an Appeal, the Committee Chair
will notify the Appellant in writing and include the reason(s) for the decision;
c. If the Grounds for an Appeal are met, the Committee Chair will convene a
Hearing Board;
d. Identify and select Hearing Board members as per Section 3.0 of the Student
Appeal Policy and ensure that they have no previous knowledge of the case;
e. Inform the Appellant in writing of the Appeal Hearing and the names of the
identified Hearing Board members and the names of two (2) alternates. The
Appellant will be provided five (5) business days to confirm the Hearing
Board membership or to submit written objection reasons to the inclusion of
the member(s). If the objection is accepted, a replacement member will be
chosen from the list of alternates;
f.
Convene an Appeal Hearing.
2.2
The Appellant may withdraw their request for Appeal at any time.
3. CONVENING AN APPEAL HEARING
3.1
Once the Hearing Board members have been identified, the Committee Chair will
schedule an Appeal Hearing to occur within thirty (30) days. The Committee Chair
may extend the time limits if determined appropriate. The Committee Chair will
convene an Appeal Hearing by:
a. Informing and providing the original Decision Maker with the Request. The
Decision Maker will be allotted ten (10) business days to submit a response
which should include any documents or materials that will be submitted at
the Appeal Hearing, a list of Witnesses that will be called upon, and a request
for any information that is not within their possession;
b. Appointing a Hearing Board Chair;
c. Scheduling the Hearing and informing all parties in writing.
4. PREPARING FOR AN APPEAL HEARING
4.1
The Hearing Board Chair is responsible for preparing the Appeal Hearing in
accordance with the Student Appeal Policy and these procedures by;
a. Contact relevant University Officials to confer when necessary;
b. Reviewing the information requested by the Appellant and the Decision
Maker to determine relevance to the Appeal.
c.
Confirming and approving attendance at the Appeal Hearing. Attendees are:
i.
Appellant;
ii.
Decision Maker;
iii.
Support Person for either party will be able to provide guidance
and support to the person but will be unable to present information
on behalf of the person;
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iv.
Hearing Board members;
v.
Administrative support person to the Hearing Board;
vi.
Witnesses will only be present at the time of their presentation of
information;
vii.
Other requests for attendance are at the discretion of the Hearing
Board Chair.
d. Communicating to the Appellant and/or Decision Maker their responsibility
for confirming the availability of Witnesses for the scheduled date, time and
location of the Appeal Hearing;
e. Creating a Hearing Package that includes all documents and materials that
will be used within the Appeal Hearing. The Hearing Package is confidential
and will be collected at the end of the Appeal Hearing. The Hearing Package
will be distributed five (5) days prior to the Appeal Hearing and will be
distributed to the Appellant, Decision Maker, and Hearing Board members.
5. CONDUCTING AN APPEAL HEARING
5.1
All Appeal Hearings are closed to the public and will be held in person or virtually as
determined by the Hearing Board Chair. The Hearing Board Chair will be responsible
for conducting the Appeal Hearing by:
a. Conducting the Appeal Hearing as scheduled. If an individual fails to attend,
the Appeal Hearing may continue without notice unless the Hearing Board
Chair determines;
i.
There are approved medical, compassionate or public health
reasons; or
ii.
An exceptional circumstance exists not to proceed in their absence
and/or represented by an approved delegate;
b. Ensuring the orderly conduct of the hearing. The Hearing Board Chair
may make procedural rulings as deemed appropriate. Information presented
during Appeal Hearings must be relevant to the Appeal. Generally, the
proceedings will occur in the following order:
i.
Opening remarks and review of hearing protocols by the Chair
ii.
Appellant statement and presentation of information followed by
questions from Hearing Board members
iii.
Appellant Witnesses, followed by questions from the Decision Maker
and Hearing Board members
iv.
Decision Maker statement and presentation of information followed
by questions from Hearing Board members
v.
Decision Maker Witnesses followed by questions from the Appellant
and the Hearing Board members
vi.
The Appellant and Decision Maker may ask questions of the other,
directed through the Hearing Board Chair.
vii.
Decision Maker closing statement followed by questions from
Appellant and Hearing Board members
viii.
Appellant closing statements followed by questions from Decision
Maker and Hearing Board members
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ix.
Final questions from Hearing Board members
x.
Chair’s closing remarks
xi.
The Appellant and Decision Maker are dismissed for the purpose of
deliberations and Hearing Packages collected
xii.
Chair adjourns Appeal Hearing
6. APPEAL DECISIONS
6.1
Upon the completion of the Appeal Hearing, the Hearing Board will deliberate.
Deliberations are closed and no records of the deliberation will be kept.
6.2
The Hearing Board Chair will prepare a written decision, including reasons, and
normally circulate within five (5) business days of the Appeal Hearing to the
Appellant, Decision Maker, the Committee Chair, and if necessary, the Registrar.
The decision of the Hearing Board is final.
7. RECORDS AND REPORTING
7.1
All documents and records collected as a result of these policies and procedures will
be maintained in compliance with the University’s Records and Information
Management Program 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
B.
DEFINITIONS
(1)
Appeal:
a Student’s right to challenge the decision of a Decision
Maker by asking for a review of the decision.
(2)
Appeal Hearing:
refers to the forum used to review the decision.
(3)
Appellant:
means the person who has been found responsible for a
Policy breach and is initiating the appeal Request.
(4)
Committee Chair:
means the individual responsible for coordinating the
appeal review process and appointing Hearing Chairs and
convening the Hearing Boards.
(5)
Decision Maker:
means the person responsible for determining whether or
not a violation of a policy has occurred and assigns a
resolution.
(6)
Grounds:
refers to one of four conditions required to exercise the
right to Appeal.
(7)
Hearing Board
refers to the panel of three (3) members of the University
who will review the findings of the Decision Maker.
(8)
Hearing Board Chair:
means the individual facilitating the appeal process and
who is responsible for ensuring a fair review.
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(9)
Hearing Package:
a document prepared by the Committee Chair that outlines
details regarding the Request including the original
decision letter.
(10)
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.
(11)
Student:
means someone who has applied to a full-time, part-time,
credit or non-credit program or course offered through the
University.
(12)
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.
(13)
Trauma-Informed Practices: means an approach for engaging with Individuals that
involves understanding and recognizing the presence of
trauma symptoms and the impact of trauma on the
individual.
(14)
University:
means Mount Royal University.
(15)
University Community:
includes Students, Employees, the Board of Governors,
Contractors, Volunteers and Visitors to the University.
(16)
University Officials:
a person acting in the capacity as outlined by their
employment at the University.
(17)
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.
C.
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
● Student Appeal Policy
D.
RELATED LEGISLATION
● Alberta Post Secondary Learners Act
● Alberta Freedom of Information and Protection of Privacy Policy
Student Appeal Procedure
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E.
RELATED DOCUMENTS
● Appeal Request Form
F.
REVISION HISTORY
Date
(mm/dd/yyyy)
Description of
Change
Sections
Person who
Entered Revision
(Position Title)
Person who
Authorized
Revision
(Position Title)