Graduate students may appeal a decision on a Graduate Academic Petition to the Appeals and Academic Honesty Committee (AAHC) of the Faculty of Graduate Studies.
Jurisdiction
Appeals of Graduate Academic Petitions for students engaged in academic work in the Faculty of Graduate Studies, with the exception of master’s students in the Schulich School of Business, shall be dealt with according to these procedures. Master’s students in the Schulich School of Business shall follow the procedures governing graduate academic appeals established in the Schulich School of Business.
Representation
At all stages, students have the right to a representative of their choosing. Specifically, the advocates on behalf of individual students on academic matters.
Grounds for Appeal
An appeal may be initiated on one or more of the following grounds:
- A denial of natural justice, such as (but not limited to) a reasonable apprehension of bias on the part of the original decision maker(s) or special circumstances that ought properly to have been considered;
- New evidence has arisen that could not reasonably have been presented, and that would likely have affected the original decision. Generally speaking, events or performance subsequent to the relevant time does not constitute new evidence for the purposes of this provision; or
- Inconsistent application of the relevant regulations, such as (but not limited to) a fundamental procedural error, such as the consideration of information that ought not to have been considered or the failure to consider information.
Time to File Appeal
An appeal to the committee must be filed with a completed Appeal form within 20 business days after receipt of the decision being appealed.
Contents of Appeal
No application for appeal to the committee shall be considered unless it includes a succinct statement of the following:
- the specific Faculty of Graduate Studies decision which is being appealed;
- the outcome being requested;
- the specific grounds on which the appeal is made, including a brief (1-2 sentence) synopsis of each grounds);
- a summary of the evidence in support of these grounds;
- an indication as to whether the appellant and/or representative wishes to attend a hearing, if required, and
- if the grounds for appeal includes new evidence, the original documents that constitute or corroborate the new evidence, along with a brief (1-2 sentence) statement about each piece of new evidence, identifying its relevance and why it was not available prior to the original decision.
Responses to Appeal
A representative from the Petitions Committee and the relevant Graduate Program Director may provide to the AAHC a response to the appeal. Responses must be received within 10 business days from the circulation date of the appeal. The appeal decision, which will be communicated in writing, will provide a summary of the responses received to the student, the representative from the Petitions Committee, and the Graduate Program Director.
Appeals and Academic Honesty Committee (AAHC) Review and Decision
In all cases, AAHC may conduct outreach for further information from relevant parties prior to issuing a decision. AAHC voting members must be at arm’s length from the student to participate in an appeal review.
AAHC will review a completed appeal file and decide on one of the following outcomes based on the grounds for appeal:
- Deny the appeal;
- Refer the file to the Petitions Committee for reconsideration;
- Grant a partial or full appeal
The appeal decision will be issued in writing to the student, the representative from the Petitions Committee, and the Graduate Program Director. The Faculty of Graduate Studies will maintain a record of the appeal decision. The purpose of this record is to allow access to information on previous requests and to aid in determining appropriate steps in the event a similar case arises. This record shall not be used for any other purpose.
Normally, the AAHC will issue a decision based on the completed appeal file; however, the committee may call for a formal hearing in cases where there is a demonstrable benefit to oral elaboration on the student’s appeal submission.
Formal Hearing at the Faculty Level, when Required
It is expected that, should a formal hearing be required, formal hearings are held within 6 months of a file arriving at the Faculty of Graduate Studies. Formal and documented leaves by students are excepted from this timeline.
The student will receive not less than 10 business days notice of the time and location of the hearing, which may be held in person or by videoconference. A representative of the Petitions Committee may also be present, including the Graduate Program Director if needed.
The student and a representative from the Petitions Committee will provide summaries of the case and other relevant information on the matter. Question periods will allow for all participants to learn new information or to seek clarification. When the parties have presented relevant evidence and information, and committee members have concluded their questions, each party may present closing remarks.
The decision will be communicated in writing to the student, the representative from the Petitions Committee, and the Graduate Program Director following the hearing.
Exceptions to these procedures may be made at the discretion of the committee. The Chair of the committee has full authority to assure an orderly and expeditious hearing. Any person who disrupts a hearing, or who fails to adhere to the rulings of the committee may be required to leave. The committee has the discretion to make rulings as to admissibility of evidence or the suitability of questions or cross-examination. The committee is not bound by formal rules of evidence applicable in courts of law.
Electronic recordings of the hearing are not permitted.
Appealing to the Senate Appeals Committee
Students may appeal a decision to the Senate Appeals Committee (SAC) in accordance with their timelines, procedures and grounds (reasons) for the appeal to be considered.