UBC Okanagan

3. Procedures Prior to the Hearing

3.1 A student who wishes to appeal a decision of a Faculty shall lodge a written notice of appeal with the Registrar, care of Enrolment Services, within ten days of being informed in writing of the Faculty's final decision.

3.2 Within five days of receiving a notice of appeal, the Registrar shall send to the appellant a copy of these regulations, and in addition shall inform the appellant that he or she is entitled to appear before the Committee in person and may also be represented by counsel.

3.3 Within 15 days of receiving the regulations, the appellant shall file with the Registrar a statement of appeal. This should contain each of the following:

1. a statement of the decision from which the appeal is being taken;
2. a statement of the relief which the appellant seeks;
3. a brief chronological statement of the circumstances relating to the appeal;
4. copies of any documents that the appellant intends to rely on at the hearing; and
5. the names of any witnesses the appellant proposes to call at the hearing. It is the appellant's responsibility to ensure that such witnesses are present at the hearing.

3.4 Within five days of its receipt, the Registrar shall send the appellant's statement of appeal to the Dean of the Faculty from which the appeal is being taken.

3.5 Within 15 days of the receipt from the Registrar of the appellant's statement of appeal, the Dean shall file a response with the Registrar. This should contain:

1. a confirmation of the nature of the decision from which the student is appealing or, if the decision is not properly stated in the appellant's statement of appeal, a statement as to the nature of the decision;
2. a statement whether, assuming the appeal were to be allowed, the relief sought by the student ought properly to be granted;
3. the Faculty's response to the grounds of appeal;
4. the Faculty's comments on the chronological statements of events;
5. copies of any documents which the Faculty intends to rely on at the hearings; and
6. the names of any witnesses the Faculty proposes to call at the hearing.

3.6 Within ten days of the receipt of the Faculty's response, the Registrar shall set a date for a hearing. The hearing should usually take place within two months of the receipt of the Faculty's response.

3.7 Prior to the hearing, the Registrar shall circulate copies of material submitted by the appellant and the faculty to the members of the Committee, the appellant, and the Faculty.

3.8 The time limits referred to in paragraphs 3.1 - 3.6 are intended as outside limits, and all parties are encouraged to make every effort to proceed more quickly if possible.

3.9 The Registrar may, of his or her own volition or at the request of the appellant or the Faculty, extend the time limits provided for in these regulations. If the Registrar refuses to extend the time limits following the request, then the refusal may be appealed to the Committee as a whole, and the Committee may, acting pursuant to its authority under the University Act, extend the time limits as it sees fit.

3.10 The Senate Committee may, at its discretion, dismiss an appeal for lack of timely prosecution.