Academic and Non-Academic Appeal Procedure

AC-REG-PRO-001
Academic and Non-Academic Appeal Procedure
DepartmentAcademic
Approval DateApril 1, 2015
Effective DateSeptember 8, 2015

Purpose

The purpose of the Appeal Procedure is:

  • To establish clear standards, expectations and procedures to guide fair academic and non- academic appeals,
  • To promote the principle of procedural fairness in a transparent, respectful and confidential manner.

Appeal Process:

Appeal Panel Hearing

  • Within three (3) business days of receiving notification of the Appeal, The Office of the Registrar will date and time stamp the Appeal Request Form and move it forward to the Appeal’s Review Panel Chair (to be referred to as Appeal Panel from here on) to determine if there are grounds for an Appeal Panel Hearing.   The decision of the Appeal Panel Chair to grant or deny an Appeal Panel Hearing is final and binding on all parties. The Registrar will inform the Academic Chair that an appeal request has been made.

The Chair of the Appeal Panel will determine if there are grounds for a Panel Hearing using the following criteria:

  • Relevant information and/or extenuating circumstances provided on the Appeal Request Form warrant further discussion
  • Appellant is providing new information that was not known and/or presented at the Promotion Review Committee (PRC)
  • Michener program regulations, procedures, and policies were not adhered to

If an appeal hearing is warranted the Registrar’s Office will set the date and time for the Appeal hearing and will inform the panel members

  • The Appeal Panel Chair will return the Appeal Request Form to the Office of the Registrar within two (2) business days, indicating whether or not the request will move forward to an Appeal Panel Hearing.
  • The Office of the Registrar will date and time stamp the Appeal Request Form and will immediately, upon receipt, inform the Appellant of whether or not the request will go forward to an Appeal Panel Hearing with the following information:
    1. Where the request is to move forward to an Appeal Panel Hearing, the appellant will be informed within one (1) business day.
    2. Registrar to set the earliest possible date for the Appeal Hearing that is convenient for the appellant, the Appeal Chair, and the rest of the Appeal Committee.
    3. Where the request is denied, the appellant will be informed that the request was overturned. The Office of the Registrar will inform the Academic Chair of the Student’s program. Final grades and academic standing are established and posted on students’ self-serve portal.
  • When an Appeal Panel Hearing occurs, the Panel Chair will return the Appeal Request form indicating its decision and rationale for the decision to the Office of the Registrar within two (2) business days of the hearing.   The decision of the Appeal Panel is final and binding on all parties.

The Registrar will notify the appellant and the Academic Chair of the Appeal Committee decision within three (3) business day of the Hearing.

Appeal Panel Membership

Voting members:

  • Appeal Panel Chair – ex-officio, voting member, who will vote only in the event of a tie
  • Two (2) Faculty representatives from an alternate program – voting members

Non-voting members:

  • Appellant – invited guest(s)
  • Academic Chair – invited guest
  • Program representative (from one of the following positions) – invited guests
    • Program Communication Liaison (PCL), or
    • Clinical Liaison Officer (CLO), or
    • Program Faculty, and
    • Clinical Coordinator (for clinical appeals only); a clinical coordinator must be accompanied by either a PCL, CLO or faculty member during the Hearing
  • Guests as deemed necessary and/or approved by the Appeal Panel Chair – invited guests

Appeal Panel Hearing Protocol

Appeal Panel members will be selected at the time that an appeal is filed to ensure the panel members do not pose a conflict of any kind with the student or the appeal in question due to but not limited to familiarity with the student or situation in question.

Prior to the Hearing, the Registrar will confirm the Hearing participants with the Chair of the Appeal Committee.

The Student may request an individual accompany him/her to the Hearing in a support role. Any such request must be made at the time a formal appeal request is filed and is subject to the approval of the Chair of the Appeal Panel.

Individuals representing the school may include the Chair (or designate) of the Program and the appropriate Program Communications Liaison or Clinical Liaison Officer, or Program Faculty and the Clinical Coordinator most directly involved in the decision being appealed.

In formal appeals involving two Students, the Chair of the Appeal Panel may, at his/her own discretion, direct the appeal of each student to be conducted separately.

In the event of a formal appeal from a group of students (three or more), two Students, with the written permission of the other members of the group, shall represent the interests of the group at the

Appeal Panel hearing. The decision rendered by the Appeal Panel in a group appeal shall be considered binding on all members of the group identified as Students in the appeal.

A voting Appeal Panel member having any prior knowledge of the student or of the nature and circumstances of the Appeal must withdraw from the Panel.

Appeal Panel Hearings shall be conducted in private. No recording devices may be brought into the Hearing or used at any time during the formal appeal process.

All information/matters presented and/or discussed at an appeal hearing are deemed confidential. Any participant in an Appeal Hearing breaching this confidentiality shall be subject to disciplinary action, up to and including dismissal.

Once the Hearing is in session, all participants must remain until all information has been heard and the meeting formally adjourned/concluded for the in camera portion of the hearing. Witnesses called by either the student or Michener may be dismissed by the Chair of the Appeal Panel once they have presented their information and have been questioned by the other party to the Appeal, and by the Appeal Panel.

The decision of the Appeal Panel is final and binding on all parties. The student and Michener are precluded from seeking subsequent review of the appeal decision under any office, policy or procedure within Michener.

A single copy of the materials presented at the Appeal Hearing shall be kept on file for a period of one (1) year from the date of the actual hearing. The material shall be held in the Office of the Registrar. All other materials will be collected and shredded for confidentiality purposes.

Appeal Panel Hearing Process

The format of the Appeal Hearing is as follows:

  1. The Chair of the Appeal Panel shall introduce him/herself and the members of the Appeal Panel and – after ensuring that sufficient time is provided to cover all points that are relevant to the appeal – will review the format of the meeting and any rules of the process that are appropriate.
  2. After the Chair reviews the format of the meeting and any rules of the process, Appeal Panel members will sign a confidentiality form.
  3. The Chair of the Appeal Panel states the reason for the Appeal as described on the Academic Appeal Request Form.
  4. The student presents his/her particular situation and rationale for the request, including all relevant documentation for the Appeal. The student must also state the resolution being sought.
  5. The Program representative (as defined above) presents his/her rationale for the decision indicated on the Appeal Request Form, including all relevant documentation.
  6. Witnesses on behalf of the student or the program representative may be brought forward to respond to questions requested by the Appeal Panel or to provide further evidence on behalf of the student or program representative as requested by the Appeal Panel.
  7. The student and the program representative shall have the opportunity to question persons or witnesses providing information, through the Chair.
  8. The Panel may ask questions of the student and/or program representative.
  9. The program representative is asked to present a closing statement.
  10. The student is asked to present a closing statement.
  11. The student and program representative and any other student support individual or program representative are requested to leave the Hearing.
  12. The Chair of the Appeal Panel may request an official copy of the Student’s full academic record from the Office of the Registrar if it is deemed germane to the appeal hearing.
  13. The Appeal Panel voting members convene in camera to further discuss the appeal request and render a decision by vote. The Chair of the Appeal Panel acts ex-officio and does not vote unless required as in the event of a tie.
  14. The Chair of the Appeal Panel records the decision, and any recommendations on the Appeal Request Form. All voting members of the Appeal Panel sign the Form.
  15. If the Appeal is denied, the decision of the PRC stands and is written as such.
  16. If the Appeal is granted, the Appeal Panel may award the resolution sought or the Appeal Panel may take any action it deems appropriate, including, but not necessarily limited to:
    1. Directing the program to have the student’s work graded anew, or
    2. Directing program to administer and/or accommodate the student with respect to a new final examination, assignment or paper in the course, or
    3. Directing the award of an aegrotat pass in the course, except that such a remedy should be used only if no other reasonable alternative is available; or
    4. Directing the program to reinstate the student to the program status he or she was at, prior to the decision being appealed was made.
  17. The Hearing is adjourned/concluded. Within two days, the Chair of the Appeal Panel returns the Appeal Request form and a single copy of the materials presented at the Hearing to the Office of the Registrar to be held, in security, for one year. All other materials used/presented at the Appeal Hearing are returned to the Office of the Registrar for immediate shredding.
  18. The Office of the Registrar notifies the Student and the Chair of the program of the decision of the Appeal Panel within three (3) business days of the Hearing.
  19. In the event the Appeal Panel finds in favor of the Student, the Academic Chair of the program shall ensure the decision of the Panel is implemented. The Office of the Registrar will ensure the Student’s academic record is corrected, if necessary in consultation with the Academic Chair once all recommendations have been implemented.
  20. In the event the Appeal Panel upholds the academic decision of the PRC, other than probation, suspension or expulsion, the decision is not made part of the Student’s permanent academic record, but shall become part of a student’s confidential record. Upon graduation, a Student’s confidential record is expunged. Should a student not graduate, a student’s confidential record is expunged five years after the disposition of the appeal.
  21. Any recommendations from the Appeal Panel for the program will be communicated by the Appeal Chair to the Academic Chair in writing.
  22. The decision of the Appeal Panel is final and binding on all parties.

Associated Documentation

Revision History

Date Reviewer Change(s) Made Policy Location(s)
October 20, 2015 Ann Vuletin Updated to new template. Changed Level 1 of the Formal Appeal Process to a group decision instead of an dividual Faculty member decision. Eliminated original level 2 of the Appeal Process whic consisted of student meeting with Academic Chair. level 2 is now the Appeal Hearing.
May 4, 2010 Suzanne Allaire, Michele Allsopp-Downie, Nandita Aurora, Fiona Cherryman, Catharine Mary Gray, Sheena Hewitt, Kathleen Olden-Powell, Pinar Peacock, Sydney Redpath, Susan Weltz document revised
July 3, 2013 Ronika Srdic, Registrar Minor changes to the way the Appeal Panel is struck
July 3, 2014 Ronika Srdic, Registrar Minimal Wording changes to clarify inclusion of non-academic appeals
March 4, 2015 Ronika Srdic, Registrar Minor revisions to address clarity of language