Appeals

Appeals

 

Expulsion__Suspension_or_Exclusion_Appeals

Membership_of_University_Appeals_Board

Procedure

Appeals_for_all_other_non-academic_sanctions

 

Appeal Process after an expulsion, suspenion or exclusion sanction

After a sanction of expulsion, suspension or exclusion from facilities of the University (whole or part) has been put in place by the Vice Provost, Associate Vice President Student Services, the sanctioned student may appeal on the following grounds.

  • Where new evidence emerges which was not available to a party at the time of the original hearing.
  • Where there was evidence of bais.
  • Where the disciplinary procedures were not followed, and where the outcome of the case at the original hearing might have been substantially affected by these circumstances.

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Membership of University Appeal Board

The board shall be comprised of members appointed on an as-needed basis by the Vice President Academic, or their designate. The following is the make-up of the committee:
  1. Vice President Academic (Chair)
  2. One Faculty member
  3. One Staff person
  4. One Student holding no position within Residence or BUSU

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Procedure

1) Appeals must be submitted in writing to the Office of the Vice-President Academic within ten (10) working days of the student having received notification of sanctions from the Vice Provost, Associate Vice President Student Services or designate. The appeal must be signed by the student and include the grounds and supporting evidence for the appeal.
2) The Vice President (or designate) will review and decide whether or not to accept the grounds of the appeal.
3) If the Vice-President (or designate) accepts the application for appeal the University Appeal Board will be called to meet within ten (10) working days after receiving the appeal.
4) Both the sanctioned student and the Manager, Student Rights & Responsibilities will be notified of the meeting and will be present for the appeal. Both parties may bring legal counsel, however the Vice President Academic must be notified five (5) working days prior to the hearing. Legal Counsel is to act in an advisory role only and shall not have standing at the hearing.
5) The appeal process will open with the Chair reading the letter outlining the grounds of appeal submitted by the sanctioned student. Both the sanctioned student and then the Manager, Student Rights & Responsibilities will respond to the reading of the appeal letter.
6) Board members may then ask any question that the Chair deems appropriate to either the sanctioned student or the Manager, Student Rights & Responsibilities.
7) The Board will then deliberate in camera and will rule in one of the following ways
  1. Appeal Denied – Sanctions are upheld
  2. Appeal Accepted – All sanctions removed
  3. Appeal Accepted – Sanctions adjusted (sanctions may only be lowered and no additional sanctions can be added)
8) The Chair will verbally disclose the ruling to the sanctioned student immediately after deliberations and will produce a written report to both the sanctioned student and Manager, Student Rights & Responsibilities within five (5) working days after the appeal proceedings. This written report will include:
  • The ruling of the board
  • The rationale for the above ruling
  • Deadlines for any sanctions required
  • Consequences for non-compliance with any required sanctions

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Appeal Process for all other sanctions assigned by the University Discipline Panel

1) Appeals must be submitted in writing to the Office of the Vice Provost, Associate Vice-President Student Services within ten (10) working days of the student's hearing. The appeal must be signed by the student and include the grounds and supporting evidence for the appeal.

2) The VPAVPSS will review and decide whether or not to accept the identified ground(s) for appeal.
3) If the application for appeal is accepted the VPAVPSS will meet with the student within ten (10) working days of receiving the application for appeal.
4) After the meeting with the student the VPAVPSS will decide on one of three rulings:
  1. Appeal Denied – Sanctions are upheld
  2. Appeal Accepted – All sanctions removed
  3. Appeal Accepted – Sanctions adjusted (sanctions may only be lowered and no additional sanctions can be added)
5) The VPAVPSS will produce a letter to both the sanctioned student and the Manager, Student Rights and Responsibilities within five (5) working days after the appeal meeting. This written report will include:
  • The ruling
  • The rationale for the above ruling
  • Deadlines for any sanctions required
  • Consequences for non-compliance with any required sanctions

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