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11. Appeals

11.1 A student has the right to appeal any disciplinary decision of the President to the Senate Committee (the Senate Committee on Student Appeals on Academic Discipline) as established under section 37(1)(v) of the University Act.

11.2 A student who wishes to appeal a decision of the President under paragraph 11.1 must so notify the Registrar in writing and give a full explanation of the grounds for the appeal. The Registrar must receive this notification within 45 calendar days of the date of the President's letter to the student informing the student of the disciplinary decision. The Registrar may extend this time limit if, in the Registrar's opinion, circumstances warrant.

11.3 Appeals are considered by at least 5 members of the Senate Committee, unless the student consents to fewer members. The student and the Initiator may make written submissions to the Senate Committee for consideration at the appeal. The student may be represented or assisted at the appeal by any person, including legal counsel. The University Counsel may designate legal counsel to assist the Initiator through the appeal process.

11.4 The Senate Committee is an appellate tribunal and does not re-hear matters. A student may, under paragraph 11.1, appeal a decision on one or more of the following grounds.

  1. The President incorrectly determined that the conduct of the student, either admitted or as found by the President, constitutes misconduct or the President incorrectly applied a University policy or procedure.
  2. The student has material evidence that was not reasonably available at the time of the President's Committee hearing.
  3. There was a breach or unfair application of the University's procedure prior to the President's Committee hearing that was raised before the President's Committee but not adequately remedied through the President's Committee.
  4. The procedure of the President's Committee was unfair or operated unfairly, in that there was bias or a lack of independence in the President's Committee, or the President's Committee's procedures were unfairly applied or breached, or that the President gave insufficient reasons for his or her decision.
  5. The President erred in the President's assessment of the evidence in the President's Committee's report, including any factual inferences made by the President, or the credibility of the student or other witnesses.
  6. The discipline imposed by the President was excessive.

11.5 The Senate Committee reviews the President's decision on one of the grounds enumerated in paragraph 11.4 using the appropriate standard as follows.

  1. Where the appeal is under paragraph 11.4(1), the appropriate standard of review is correctness. The Senate Committee may reverse or vary the President's decision or substitute its own decision if it disagrees with the President's determination or application of a University policy or procedure.
  2. Where the appeal is under paragraph 11.4(2) and the Senate Committee is satisfied that the material evidence was not reasonably available at the time of the President's Committee hearing and there is substantial likelihood that it would affect the outcome, the Senate Committee will send the matter back to the President's Committee for re-hearing.
  3. Where the appeal is under paragraph 11.4(3) or paragraph 11.4(4), the appropriate standard of review is whether a reasonable person, knowledgeable about the facts, would perceive the process at or before the President's Committee to be unfair. If the Senate Committee finds this to be the case, it will refer the matter back to the President's Committee for a re-hearing, or with the consent of the student and the Initiator, reverse or vary the President's decision or substitute its own decision.
  4. Where the appeal is under paragraph 11.4(5), the appropriate standard of review is reasonableness. The Senate Committee may reverse or vary the President's decision or substitute its own decision only if the President's assessment of the evidence in the President's Committee's report, including any factual inferences made by the President or the credibility of the student or other witnesses, is unreasonable.
  5. Where the appeal is under paragraph 11.4(6), the appropriate standard of review is reasonableness. The Senate Committee may reverse or vary the President's decision or substitute its own decision only if the exercise of the President's discretion with respect to the academic discipline imposed is unreasonable.

11.6 For information regarding the Senate's disciplinary appeal procedures, please see Senate Committee on Student Appeals on Academic Discipline.

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