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Academic and Non-Academic Appeal Procedure

AC-REG-PRO-001
Academic and Non-Academic Appeal Procedure
DepartmentAcademic
Approval DateMay 29, 2019
Effective DateSeptember 3, 2019

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.

*Students in joint programs must refer to their program handbook.

Appeal Process:

Appeal Panel Hearing

  1. Students/Appellants may file a Formal Appeal request regarding an Academic or Non-Academic decision through the Registrar’s Office by completing and submitting an Academic and Non-Academic Appeal Form including all relevant supporting documentation within three (3) business days of e-mail notification of the grade(s)* or change to Academic or Non-Academic Standing. The Appeal will not be processed if the timeline is not adhered to. A fee of $25.00 is required and is a non-refundable administrative fee. The Academic and Non-Academic Appeal Form will be date and time stamped upon receipt;
  2. Upon receiving the Academic and Non-Academic Appeal Form and any supporting documentation, the Registrar’s Office will date and time stamp the form and immediately provide a copy to the Student/Appellant. A copy of the Academic and Non-Academic Appeal Form and any supporting documentation will be forwarded to the Appeals Review Panel Chair within 3 business days.
  3. The Appeals Review Panel Chair will determine if the information on the Academic and Non-Academic Appeal Form along with any accompanying supporting documentation warrants an Appeals Review Panel Hearing and inform the Registrar (or designate) accordingly, using the following criteria:
    • Relevant information and/or extenuating circumstances provided on the Academic and Non-Academic Appeal Form warrant further discussion;
    • Student/Appellant is providing new information that was not known and/or presented at the Promotion Review Committee (PRC); or
    • Michener program regulations, procedures, and policies were not adhered to.
  4. The decision of the Appeals Review Panel Chair to grant or deny an Appeals Review Panel Hearing is final and binding on all parties.
  5. The Appeals Review Panel Chair will return the Academic and Non-Academic Appeal Form and any supporting documentation to the Registrar (or designate) within three (3) business days, indicating the grounds for which the Appeal Request will, or will not, move forward to an Appeals Review Panel Hearing.
  6. The Registrar (or designate) will date and time stamp the Academic and Non-Academic Appeal Form and will within one (1) business day, inform the Student/Appellant of whether or not the request will go forward to an Appeals Review Panel Hearing with the following actions dependent upon the decision:
    1. Appeal Denied
      • Where the request is denied, the Student/Appellant will be informed within one (1) business day that the request will not proceed to an Appeals Review Panel Hearing. Final grades and Academic Standing will remain.
    2. Appeal to Proceed to be an Appeals Review Panel Hearing
      1. The Student/Appellant and the Academic Chair of the Student’s/Appellant’s program will be informed within one (1) business day of the grounds for the Appeal Hearing. It will be on these grounds only that the Appeal with be heard by the Appeals Review Panel;
      2. The Academic Program will be provided the opportunity to submit to the Registrar (or designate) any documentation related to the Appeal request based on the grounds provided for the Appeals Review Panel Hearing to support the Academic Program’s case;
      3. The Registrar (or designate) will set the earliest possible date for the Appeal Hearing that is convenient for the Student/Appellant, the Appeals Review Panel Chair, the Appeals Review Panel, the Student’s/Appellant’s Academic Chair and Program Faculty as identified in the Appeals Review Panel Membership below;
      4. The Registrar (or designate) will prepare supporting materials that the Student/Appellant has provided with the Academic and Non-Academic Appeal Form related to the grounds on which the Appeals Review Panel Hearing was granted. Any other information provided that is unrelated to the grounds for the Appeal will be redacted. This information will be provided to the Student/Appellant and other Appeals Review Panel members present at the Appeals Review Panel Hearing;
      5. Similarly, the Registrar (or designate) will prepare supporting materials that the Academic Program representative prepares for presentation to the Appeals Review Panel. Any other information provided that is unrelated to the grounds for the Appeal will be redacted. This information will be provided to the Student/Appellant and other Appeals Review Panel Members present at the Appeals Review Panel Hearing;
      6. In the case of Academic Standing, the Registrar (or designate) will prepare a copy of the Appellant’s/Student’s transcript for the Appeals Review Panel, the Student /Appellant and the Academic Program representatives at the Appeal Hearing. The Appeals Review Panel Voting Members and the Appeals Review Panel Chair will meet, in camera, thirty (30) minutes prior to the scheduled Appeal Hearing to review the Academic and Non-Academic Appeal Form and any supporting materials provided to the Registrar (or designate) by the Student/Appellant and the Academic Program.
      7. Non-Voting Appeals Review Panel Members will receive the same supporting materials, prepared by the Registrar (or designate) once the Appeal Hearing is called to order. The Academic Program representatives will have an opportunity to read and hear the Student’s/Appellant’s rationale for seeking the Appeal when the Student/Appellant presents his/her case to the Appeals Review Panel. The Student/Appellant will have an opportunity to read and hear the Academic Program’s rationale for upholding the current Academic/Non-Academic Standing when the Academic Program Representative presents their case to the Appeals Review Panel.
      8. With the exception of the original supporting documentation/material provided by both the Student/Appellant and the Academic Program Representative, all copied materials provided to the Appeals Review Panel Membership for the purpose of the Appeal Hearing will be collected and shredded at the end of the Appeal Hearing. The original supporting documentation, only, will be collected by the Appeals Review Panel Chair at the end of the Appeal Hearing to be forwarded with the decision of the Appeals Review Panel on the Academic and Non-Academic Appeal Form to the Registrar (or designate) where it will be maintained in a confidential Appeals file. Upon graduation, a Student’s/Appellant’s confidential Appeal file is expunged. Should a Student/Appellant not graduate, a Student’s/Appellant’s confidential record is expunged five years after the disposition of the Appeal.
      9. Following the Appeals Panel Review Hearing, the Appeals Review Panel Chair will return the Academic and Non-Academic Appeal Form indicating its decision and the rationale to the Registrar (or designate) within two (2) business days of the hearing. The decision of the Appeals Review Panel is final and binding on all parties.
      10. The Registrar (or designate) will notify the Student/Appellant and the Academic Chair of the Student’s/Appellant’s Academic Program of the decision of the Appeals Review Panel within three (3) business day of the Appeal Hearing.

Appeals Review Panel Membership

Voting Members:

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

Non-Voting Members:

  • Student/Appellant – invited guest(s)
  • Academic Chair of the Appellant’s Academic Program – invited guest
  • Academic Program Representative (from one of the following positions) – invited guest(s)
    • 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 Appeals Review Panel Chair – invited guests

Appeals Review Panel Hearing Protocol

Appeals Review Panel members will be selected at the time that an Appeal is filed to ensure the Appeals Review Panel Members do not pose a conflict of any kind with the Student/Appellant or the Appeal in question due to, but not limited to, familiarity with the Student/Appellant or situation in question.

Prior to the Appeal Hearing, the Registrar (or designate) will confirm the Appeal Review Panel Membership with the Appeals Review Panel Chair.

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

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

In the event of a Formal Academic and Non-Academic Appeal Form request involving two Students/Appellants, the Appeals Review Panel Chair may, at his/her own discretion, direct the Appeal of each student to be conducted separately.

In the event of a Formal Academic and Non-Academic Appeal Form request from a group of Students/Appellants (three or more), two Students/Appellants, with the written permission of the other Student/Appellant Members of the group, shall represent the interests of the group at the Appeals Review Panel Hearing. The decision rendered by the Appeals Review Panel in a group Appeal shall be considered binding on all members of the group identified as Students/Appellants in the Appeal.

Any voting Appeals Review Panel Member having any prior knowledge of the Student/Appellant, or of the nature and circumstances of the Appeal, must withdraw from the Panel.

Appeals Review 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. This includes any notes, manually or electronically, recorded/taken during the Appeal Hearing.

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 employment dismissal / withdrawal from the Academic Program.

Once the Appeal Hearing is in session, all participants, with the exception of witnesses, must remain until all information has been heard and the meeting formally adjourned/concluded for the in-camera portion of the Appeal Hearing. Witnesses for either the Student/Appellant or Michener may be called into the Appeal Hearing at a time deemed appropriate by the Appeals Review Panel Chair. Once the witness/ witnesses have presented their information and have been questioned by the other party to the Appeal, and by the Appeals Review Panel they may be dismissed by the Appeals Review Panel Chair.

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

Appeal Panel Hearing Process

Prior to the Appeal Panel Hearing the Voting Members of the Panel shall convene, in camera, for up to thirty (30) minutes to review all relevant materials related to the Appeal as prepared by the Registrar (or designate).

The format of the Appeal Hearing is as follows:

  • The Appeals Review Panel Chair shall introduce him/herself and the Members of the Appeals Review 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 Hearing and any rules of the process that are appropriate;
  • After the Chair reviews the format of the Hearing and any rules of the process, Appeal Review Panel Members, and any other participants including guests will sign a confidentiality form. Any witnesses subsequently called into and dismissed from the Appeal Hearing will also sign a confidentiality form;
  • Materials prepared by the Registrar (or designate) in support of the Student/Appellant and/or in support of the Academic Program’s decision to uphold the current Academic standing are distributed to the Student/Appellant and the Academic Program Representative(s).
  • The Appeals Review Panel Chair states the grounds for the Appeal as described on the Academic and Non-Academic Appeal Form;
  • The Student/Appellant presents his/her particular situation and rationale for the request, including all relevant documentation for the Appeal. The Student/Appellant must also state the resolution being sought;
  • The Academic Program Representative (as defined above) presents his/her rationale for the decision indicated on the Academic and Non-Academic Appeal Form , including all relevant documentation;
  • Witnesses on behalf of the Student/Appellant or the program representative may be called in to the Hearing to respond to questions requested by the Appeals Review Panel or to provide further evidence on behalf of the Student/Appellant or Academic Program Representative as requested by the Appeals Review Panel;
  • The Student/Appellant and the Academic Program Representative shall have the opportunity to question persons or witnesses providing information, through the Appeals Review Panel Chair;
  • The Appeals Review Panel may ask questions of the Student/Appellant and/or Academic Program Representative;
  • The Academic Program Representative is asked to present a closing statement;
  • The Student/Appellant is asked to present a closing statement;
  • The Student/Appellant and Academic Program Representative and any other student support individual or invited guest are requested to leave the Hearing;
  • The Appeals Review Panel voting members convene, in camera, to further discuss the Appeal request and render a decision by vote. The Appeals Review Panel Chair acts ex-officio and does not vote unless required as in the event of a tie;
  • The Appeals Review Panel Chair records the decision, and any recommendations on the Academic and Non-Academic Appeal Form. All voting members of the Appeals Review Panel sign the Academic and Non-Academic Appeal Form ;
  • If the Appeal is denied, the decision of the PRC stands or the Non-Academic decision stands and is written as such;
  • If the Appeal is granted, the Appeals Review 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 Academic Program to have the Student’s/Appellant’s work graded anew; or
    2. Directing the Academic Program to administer and/or accommodate the Student/Appellant 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 Academic Program to reinstate the Student/Appellant to the program status he or she was at, prior to the decision being appealed was made.
  • The Appeal Hearing is adjourned/ concluded. All materials with the exception of the original Academic and Non-Academic Appeal Form, supporting material from either or both the Student/Appellant and Academic Program are collected and immediately shredded. Within two (2) business days, the Appeals Review Panel Chair returns the Academic and Non-Academic Appeal Form and the single copy of the original supporting materials provided by the Registrar (or designate) on behalf of the Student/Appellant and/or Academic Program that was presented at the Hearing to the Registrar (or designate). All other materials used/presented/recorded at the Appeal Hearing are provided to the Registrar (or designate) for immediate shredding.
  • The Registrar (or designate) notifies the Student/Appellant and the Academic Chair of the Academic Program of the decision of the Appeals Review Panel within three (3) business days of the Hearing;
  • Where the Appeals Review Panel decides in favor of the Student/Appellant, the Academic Chair of the Academic Program shall ensure the decision of the Appeals Review Panel is implemented. The Registrar (or designate) will ensure the Student’s/Appellant’s academic record is corrected, if necessary in consultation with the Academic Chair of the Academic Program once all recommendations have been implemented;
  • Where the Appeals Review Panel upholds the academic decision of the PRC, other than probation, suspension or expulsion, the decision is not made part of the Student’s/Appellant’s permanent academic record, but shall become part of a Student’s/Appellant’s confidential Appeal file. Upon graduation, a Student’s/Appellant’s confidential Appeal file is expunged. Should a Student/Appellant not graduate, a Student’s/Appellant’s confidential record is expunged five years after the disposition of the appeal.
  • Any recommendations from the Appeals Review Panel for the program will be communicated by the Appeals Review Panel Chair to the Academic Chair in writing.
  • The decision of the Appeals Review Panel is final and binding on all parties.

Academic and Non-Academic Appeal Process Flow Chart (click to enlarge)

Appeal Flow Chart

Associated Documentation

Revision History

Date Reviewer Change(s) Made
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
May 29, 2019 Sydney Redpath Reviewed for fairness and equity of process for Student/Appellant and Academic program. Terms of confidentiality defined.
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