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Student Appeal Policy– May 26, 2022

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STUDENT

APPEAL

POLICY

Policy Type:

Management

Initially

Approved:

May 26, 2022

Policy Sponsor:

Vice-President,

Students

Last

Revised:

Primary Contact:

AVP Student

Experience and

Success

Review

Scheduled: May 26, 2027

Approver:

Board of Governors

OVERVIEW

The University is committed to ensuring that Students have the right to a fair and equitable process

for the lodging, hearing, and resolving allegations of student misconduct, including the right to

appeal. The General Faculties - Council Student Affairs Committee is responsible for the oversight

of this policy and associated procedures.

This policy outlines the impartial forum and administrative process where Students can appeal

decisions of both academic and non-Academic Misconduct. The Board of Governors, through

approval of this policy, has delegated authority on student appeal as outlined in this policy and

accompanying procedures.

PURPOSE

This policy, and the associated procedures, provide a means to appeal decisions and resolutions

associated with the Code of Student Community Standards and the Code of Student Academic

Integrity policies. The policy outlines the process and responsibilities of those involved in

requesting, conducting and resolving appeals.

SCOPE

This policy provides a final appeal for decisions and resolutions made in accordance with the

following policies:

●

The Code of Student Academic Integrity

●

The Code of Student Community Standards

●

The Sexual Violence Response Policy

Appeals submitted under this policy are to review the decision and decision making process, they

are not a re-hearing of the case. This policy does not address the evaluation of academic work,

including grade review or University admission related decisions.

Student Appeal Policy– May 26, 2022

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POLICY STATEMENT

The Student Appeal Committee (the Committee) is a standing committee of the General Faculties

Council – Student Affairs Committee. The Committee provides an impartial forum for a student

who wants to appeal (Appellant) Academic and Non-Academic Misconduct decisions. The

decisions of the Committee are final.

MEMBERSHIP

1.1.

The chair of the General Faculties Council - Student Affairs Committee will strive

to have the Committee membership be reflective of the breadth of academic

scholarship and representative of the diversity of the University Community and

appoint members as follows;

a. Two (2) faculty members from each of the University faculties appointed for a

period of two (2) years with an option for a single renewal term

b. One (1) student from each faculty appointed for a period of one (1) year with

an option for a single renewal term

c. Five (5) staff members for a period of two (2) years with an option for a single

renewal term

1.2.

The secretary to the General Faculties Council - Student Affairs Committee or

designate will provide administrative support to the Committee by maintaining

documents and records associated with the activity of the Committee.

COMMITTEE CHAIR

2.1.

The Provost and Vice-President Academic will appoint a Chair for the Committee,

from the membership outlined above, for a term of three (3) years. A Vice Chair

will be elected annually by the Committee.

2.2.

The Committee Chair’s responsibilities include:

a. Ensuring all members receive training to complete their role;

b. Reviewing Appeal Request Forms (Request) to determine whether grounds

for an appeal are met;

c. Convening the Committee members to serve as members of a Hearing Board;

d. Appointing a Hearing Board Chair for each appeal;

e. Maintaining reporting requirements of the Committee.

HEARING BOARD

3.1.

An appeal will be heard by a Hearing Board, a three (3) person panel appointed

by the Committee Chair from the Committee membership. Hearing Board

members will be selected to avoid conflicts of interest; have representation of roles

associated with the type of misconduct and avoid causing harm to students or

other members.

3.2.

An academic misconduct appeal must have at least one (1) faculty member and

one (1) student member;

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3.3.

A non-academic misconduct appeal will have at least one (1) Faculty or staff

member and at least one (1) student member unless otherwise decided by the

Committee Chair;

3.4.

The Committee Chair will appoint a Hearing Board Chair from the faculty or staff

membership;

3.5.

No Hearing Board member may have previous knowledge of the case and where

possible should not have affiliation with the Appellant’s faculty of study;

GROUNDS FOR APPEAL

4.1.

A Student may Request an appeal on one (1) or more of the following grounds:

a. A procedural error occurred that may have reasonably affected the fairness of

the process or may have altered the outcome of the case;

b. A reasonable demonstration that the Decision Maker(s) had an unfair bias;

c. There is new information that was not reasonably available at the time of the

decision and would likely have resulted in a different outcome;

d. A reasonable demonstration that the resolution(s) imposed was unreasonable

when considering the circumstances of the case.

REQUESTING AN APPEAL

5.1.

A Student who wishes to appeal a decision under this policy may do so in writing

within ten (10) business days of the original decision being received. The

Committee Chair may extend the timeline to appeal if deemed appropriate. The

Request must include:

a.  The ground(s), listed above, under which the appeal is being requested
b.  An explanation of the grounds that support the request;
c.  The original decision being appealed;
d.  A description of the resolution being sought;
e.  All documents and information to be used as part of the appeal including a list

of any documents being requested that are not in the Appellant’s possession;

f. A list of any Witnesses who would be participating and Support Person who

would be in attendance;

g. A request, if desired, for the temporary suspension of a resolution(s) and the

reasons why needed.

5.2.

The Appellant may withdraw their Request for appeal at any time.

APPEAL HEARING

6.1.

The Committee Chair is responsible to determine when grounds for an appeal

have been met by an Appellant. If the grounds have not been met, the Committee

Chair will draft a written decision, including reasons, and provide it to the Appellant.

If met, an Appeal Hearing will be granted, and the Committee Chair will appoint

members to the Hearing Board and normally schedule the appeal hearing within

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thirty (30) business days. The Committee Chair may extend the time if deemed

appropriate.

6.2.

The Committee Chair will review the Appellant request for temporary suspension

of a resolution(s) and may consult with University Officials in assessing the

associated risks prior to a decision outcome. The Committee Chair will

communicate in writing any removal of any temporary resolutions to the

appropriate University Officials.

6.3.

Appeal hearings are closed to the public and are either held in person or virtually

and the Hearing Board Chair is responsible for conducting the hearing in

accordance with the Student Appeal Procedures.

DECISION

7.1.

Upon the completion of the appeal hearing, the Hearing Board will deliberate.

Deliberations are closed, and no records of the deliberation will be kept. The

Hearing Board may find:

a. In favour of the Appellant and alter the original outcome;

b. In favour of the Appellant and require a new process to occur;

c. Against the Appellant and uphold the original decision;

7.2.

The Hearing Board Chair will prepare a written decision, including reasons,

normally within five (5) business days of the hearing. The decision letter will be

circulated to the Appellant, the Decision Maker, the Committee Chair, and the

Registrar should the decision require an adjustment to the academic record. The

decision of the Hearing Board is final.

RECORDS AND REPORTING

8.1.

All documents and records collected as a result of these policies and procedures

will be maintained in compliance with the University’s Records 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.

8.2.

The Committee will prepare an annual statistical report of all appeals according to

the Code of Student Community Standards and the Code of Student Academic

Integrity policies for the General Faculties Council – Student Affairs

Committee. This report shall be anonymized and ensure no identifying information

is included.

DEFINITIONS

(1)

Appellant:

means the person who has been found responsible for a

Policy breach and is initiating the appeal Request.

(2)

Committee Chair:

means the individual responsible for coordinating the

appeal review process and appointing Hearing Chairs and

convening the Hearing Boards.

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(3)

Decision Maker:

means the person responsible for determining whether or

not a violation of a policy has occurred and assigns a

resolution.

(4)

Hearing Board

refers to the panel of three (3) members of the University

who will review the findings of the Decision Maker.

(5)

Hearing Board Chair:

means the individual facilitating the appeal process and

who is responsible for ensuring a fair review.

(6)

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.

(7)

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.

(8)

University:

means Mount Royal University.

(9)

University Community:

includes Students, Employees, the Board of Governors,

Contractors, Volunteers and Visitors to the University.

(10)

University Officials:

a person acting in the capacity as outlined by their

employment at the University.

(11)

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.

RELATED POLICIES

●

Code of Student Academic Integrity Policy and Procedure

●

Code of Student Community Standards Policy and Procedure

●

Information Security Policy

●

Records and Information Management Program Policy

RELATED LEGISLATION

●

Alberta Post Secondary Learners Act

●

Alberta Freedom of Information and Protection of Privacy Policy

RELATED DOCUMENTS

●

Appeal Request Form

Student Appeal Policy– May 26, 2022

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REVISION HISTORY

Date

(mm/dd/yyyy)

Description of

Change

Sections

Person who

Entered Revision

(Position Title)

Person who

Authorized

Revision

(Position Title)