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Disciplinary appeal procedures

Updated July 2007

Senate Committee on Student Appeals on Academic Discipline

Each May an annual report on appeals is made to the Senate and is available under Past agendas and materials. Reports from recent years are also available here.

Procedures

1. Students who have been subject to academic discipline by the President may appeal to the Senate Committee on Student Appeals on Academic Discipline (the Senate Committee). Please see the UBC Calendar, Policies and Regulations, Student Conduct and Discipline, Discipline for Academic Misconduct, section 11 on Appeals. Section 11 contains important information about how to appeal, grounds of appeal, and the jurisdiction of the Senate Committee. The following provisions are procedures provided by the Chair of the Senate Committee to assist persons appearing before it with more detailed information about procedure. However, in order to ensure that an appeal is fairly conducted, procedures may be varied at the discretion of the Chair. Time limits may be varied at the discretion of the Registrar. All references to days are references to calendar days.

Composition of the Committee

2. The Senate Committee currently (2005) consists of thirteen members, six of whom are faculty members who are Senators, two of whom are Convocation Senators, and three of whom are Student Senators. In addition, the Chancellor and the Registrar are members of all Senate Committees ex-officio.

Procedures Prior to the Hearing

3.01 A student who wishes to appeal a disciplinary decision of the President shall so notify the Registrar in writing within 45 days of the date of the President's letter informing the student of the disciplinary decision.

3.02 The statement of appeal should contain:

  1. A statement of the ground(s) for appeal;
  2. A statement of facts relevant to the ground(s) for appeal;
  3. A statement of the relief which the student seeks;
  4. Copies of documents on which the student intends to rely at the hearing;
  5. The names of any witnesses the student proposes to call at the hearing;
  6. If known at this stage, but in any event as soon as possible, a statement of whether the student intends to be assisted at the hearing by a legal or other representative.

3.03 In addition, if the student wishes to attend the hearing by conference call instead of in person, the statement of appeal may contain a request to attend by conference call, along with the reason(s) for so doing. Such a request may also be made at any time before the hearing takes place. Permission to attend by conference call may be granted, at their discretion, by the Registrar or by the Chair of the Senate Committee.

3.04 Within 10 days of receipt of the statement of appeal, the Registrar shall send copies of the statement of appeal to the Initiator (meaning the party which referred the allegation to the President's Advisory Committee), and to the Office of the University Counsel (University Counsel).

3.05 The Initiator and University Counsel have 21 days from the date on the Registrar's notification to them of the student's statement of appeal to file a statement of response with the Registrar. Statements of response should contain, as appropriate:

  1. A statement of intention to attend the hearing, not to contest the appeal, or to rely on the statement of response in (b);
  2. A response to the grounds of appeal;
  3. Copies of documents previously submitted to the President's Advisory Committee on Student Discipline and any other documents on which the Initiator or University Counsel intends to rely at the hearing;
  4. The names of any witnesses who may be called at the hearing.

3.06 Within 10 days of receipt of the responses, the Registrar shall set a date for the hearing. The hearing shall take place as soon as the Registrar can arrange for a quorum of the Senate Committee to attend. The Registrar shall then send copies of all materials submitted to the Senate Committee, the student, the Initiator and University Counsel.

3.08 The Registrar may, without holding a hearing, at his or her discretion, terminate an appeal for a student's failure to comply with these Appeal Procedures.

Procedures at the Hearing

4.01 Appeals are considered by at least 5 members of the Senate Committee, unless the student and the Initiator, if present, consent to fewer members.

4.02 A member of the Committee shall not take part in an appeal where to do so would involve that member in a conflict of interest.

4.03 The student may be represented or assisted at the appeal by any person, including legal counsel. University Counsel may designate legal counsel (designated counsel) to assist the Initiator through the appeal process or to appear independently of the Initiator.

4.04The Senate Committee is an appellate tribunal and does not rehear matters. (Please see the Calendar, Part V, Academic Regulations, Discipline for Academic Misconduct, section 11 on Appeals.) At the hearing, subject to the rulings of the Chair, the following procedure shall be followed.

  1. All parties present (the student, the Initiator and designated counsel in that order) may make opening statements briefly stating their positions with respect to grounds of appeal under section 11.4 and the relief sought;
  2. All parties present (in the same order as above) may present evidence, and make submissions, to the Senate Committee;
  3. After each party has had an opportunity to present evidence and make submissions, that party and their witnesses, if any, may be asked questions by other parties present and members of the Senate Committee;
  4. All parties present (in the same order as above) may make closing statements;
  5. The student may respond to any new matters arising out of the closing statements of other parties.

4.05 The Senate Committee may, at any time, request that it, and all parties attending the hearing, be provided with further information at an oral hearing or in writing.

The Decision

5.01 The Senate Committee may arrive at a decision on the basis of a majority vote of the members of the Committee present at the hearing.

5.02 In the event of a tie vote an appeal shall be dismissed.

5.03 The Senate Committee gives written reasons for its decision, normally within 14 days of the decision.

Improved Procedures

6. These procedures are subject to change by the Chair of the Senate Committee. If you have suggestions for improvements, please send your suggestions in writing to the Registrar.

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