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2 Terms of Reference

2.1 The Committee shall hear and dispose of appeals by students from decisions of Faculties on matters of Academic standing, but the Committee has no jurisdiction where the sole question raised in an appeal turns on the exercise of academic judgment by a Faculty.

2.2 Subject to section 2.3 below, the decision of the Committee on an appeal is a final disposition of that appeal. Senate has conferred on the Committee the power of making final decisions pursuant to section 37(1)(b) of the University Act.

2.3 If an issue on an appeal raises, in the opinion of the Committee, an unsettled question of policy or procedure of general importance to the University, the Committee may refer that question to the Senate for a ruling.

2.4 The Committee shall allow an appeal where it decides that the decision has been arrived at through improper or unfair procedures, and that as a result a wrong decision on the merits has or may have been arrived at. Without limiting the generality of the phrase 'improper or unfair procedures' shall be construed to include the consideration of information that ought not to have been considered, and the failure to consider information that ought properly to have been considered.

2.5 An appeal allowed by the Committee shall be by:

  1. reversal of the decision of the Faculty, and the granting of such academic standing to the appellant as the Committee thinks fit in the circumstances; or
  2. quashing of the decision of the Faculty, and the sending of the matter back to the Faculty to be dealt with in accordance with proper procedures.

2.6 In all cases, other than those falling within paragraph 2.4, the Committee shall dismiss the appeal. A dismissed appeal or a tie vote on the decision upholds the decision being appealed and the case is dismissed.

2.7 In order to ensure that an appeal is fairly conducted, the Committee may in any particular case waive any of the procedural rules provided for in these regulations, or may make such further ancillary rulings on procedure as it sees fit. The rules need not conform to an adversarial model and inquiry model rules may be applied.

2.8 Members of the Committee will not discuss the substance of an appeal with any of the parties other than at a hearing.

2.9 The Committee shall make annual reports to Senate. The report shall state the number of appeals heard, their disposition, and the general nature of the appeals, and shall draw Senate's attention to any other matters of general significance in the university which have arisen out of the Committee's work.

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