Appeals in Academic Matters

Prior to initiating formal procedures as set out below, a student who has a concern with the evaluation of their work or performance shall consult wherever possible with the individual(s) that evaluated the work or performance. This informal consultation should take place as soon as possible, but in any event, not later than 30 days after the assessment has been made available to the students in the class.

The purpose of the informal consultation is

• To assist the student in understanding how their grade was arrived at;
• To afford an opportunity for the instructor(s) and student to review the evaluation and ensure that all work was included, that all material was marked, that no marks were left out, and that additions and grade calculations were correctly made.

If the student is not satisfied with the academic judgment rendered with respect to the work or performance, they may request reconsideration of the assessment. The instructor(s) may decide to evaluate the work or performance or request that the student apply for a formal reassessment as set out in these procedures.

If the instructor(s) responsible for evaluation is/are not available, the student should seek advice from the individual responsible for the course (this may be the course coordinator or academic administrator) about the best means of fulfilling the requirement for informal consultation. The individual consulted may advise the student to apply for a formal reassessment as provided for under Section B.

The college or department responsible for the course may specify other time limits than those prescribed above (e.g. for programmatic reasons), and may, at its discretion, waive compliance with the time limits.

A department-level reassessment involves a re-evaluation of assessment of written or non-written work in the context of the expectations for that work, arranged for by the academic administrator. The reassessor should have access to a description of the instructor’s expectations for the work, and, where feasible, to samples of work submitted by other students in the course. Where possible, the reassessor should assess the work without knowledge of the mark given by the instructor(s).

Examples of non-written work include marks given for class participation, performance in oral or artistic presentations, clinical or professional service activities and practicum based activities. Since such forms of work or performance often involve assessment based on observation of the student’s performance by the instructor or, in the case of a practicum, by someone else, it is not always possible to apply with precision the reassessment procedures set out in this section. However, these procedures shall apply as much as possible to such assessments.

Colleges and schools may develop professionalism policies and procedures that define unprofessional conduct in the context of the programs offered by the college or school.
Student should be aware that a grade may be increased, stay the same, or be reduced as the result of a reassessment.

Process to be followed:

1. To initiate a reassessment of written work, the student shall submit a completed Request for and Report of Reassessment Form to the academic administrator. The request must be made within 30 days of the delivery to the student of the results of the assessment under review. A reassessment fee shall be tendered with the request, with the fee retained by the department, college, or school. The fee will be refunded if the student’s grade on the course or course component is increased by at least five (5) percentage points as a result of the reassessment or if the student’s grade is increased from a fail to a pass in a course or course component where the assessment is pass/fail.
   
   The request shall state briefly the student’s concern with the assessment of the work.
   
   
2. The academic administrator shall determine whether it is feasible to arrange to have some or all of the student’s work or performance reassessed by someone, other than the instructor(s), whom the academic administrator decides is qualified to do so. If the academic administrator determines that a reassessment is not feasible, that decision is final.
   
   Where the academic administrator concludes that some or all of the performance or work can be reassessed by someone other than the instructor who is qualified to do so, they shall appoint such person or persons for this purpose. The reassessment may be done by the original examiner(s) when no such person is available.
   
   Where possible, the marking or grading structure used by the instructor(s) shall be used by the reassessor. The mark or grade given by the reassessor may be higher or lower than the mark given by the instructor(s). The result of the reassessment shall be recorded on the Request for and Report of Reassessment Form.
   
   
3. The original mark or grade shall not be changed until after the original instructor(s) has/have been consulted by the academic administrator. This requirement may be waived by the academic administrator when consultation is not practicable. A third reader may be appointed to resolve any disagreement between the instructor(s) and the reassessor as to the mark or grade to be assigned to the work. Otherwise, the academic administrator, or a committee appointed for such purpose, shall determine the mark or grade following the report of the results of the reassessment.
   
   
4. Reasonable efforts will be made to complete the reassessment within 30 days.
   
   
5. The student shall be notified in writing by the academic administrator of the determination of the mark or grade as soon as possible, but not later than 30 days after the results of the reassessment is determined as provided in (d).
   
   
6. A ruling of a department-level decision on a matter of substantive academic judgment will be final and not subject to further appeal.
   
   
7. A student who believes that the assessment of their work or performance has been negatively affected by a factor not involving academic judgment of the substance of the work or performance may appeal as provided in Part V.

A graduate student who is dissatisfied with the assessment of their work or performance in any aspect of course work shall first follow the informal procedures for consultation with the instructor(s) as set out in III.A, above.

If the individual responsible for evaluation is not available, the graduate student should seek advice from the head of the academic unit offering the course about the best means of fulfilling the requirement for informal consultation. The individual consulted may advise the graduate student to apply for a formal reassessment as provided for under Section B.

Following informal consultation with the instructor (where feasible), a graduate student who has a concern or question about the evaluation of their work or performance shall consult with the head of the academic unit offering the program or graduate chair of the program before invoking formal procedures. When warranted, the academic unit head or graduate chair of the program may authorize formal reassessment on behalf of the CGPS academic administrator following the procedures outlined in in III.B above. If, the graduate chair or head of the academic unit offering the program does not authorize formal reassessment, the student may petition the graduate academic affairs committee of the College of Graduate and Postdoctoral Studies for a formal ruling on the matter. If the concern relates to a written examination, essay or research paper, the student may request, or the committee may authorize, the reassessment. If the concern involves any other form of assessment, the committee shall consider and rule on it.

The ruling by the graduate academic affairs committee of the College of Graduate and Postdoctoral Studies on a matter of substantive academic judgment will be final. This includes decisions on the acceptability of the thesis and the results of oral examinations.

A ruling on a concern that assessment of a graduate student’s academic work or performance has been negatively affected by a factor not involving academic judgment of the substance of the work or performance may be appealed as provided in Part V.

This section deals with matters not directly involving substantive academic judgment which, however, may affect a student’s academic record, standing or status.

1. Appeals of Standing in Program
   
   Council delegates to college and school faculty councils and in the case of non-degree-level certificates, to the provost, the responsibility for developing and approving procedures by which a student may appeal decisions concerning their overall standing, including decisions around progression in the program, probationary status and graduation, granting of leaves or withdrawals, on compassionate, medical or other grounds that would affect standing in program. These decisions may be further delegated by the faculty council or the provost to a committee established for this purpose, or to a college dean, the executive director of a school, or an associate or assistant dean provided that there is a provision for reporting such decisions back to the faculty council. Such decisions are subject to university-level appeal on limited grounds as provided for in Section B, below.
   
   The grounds of appeal for all college-level appeals shall be limited to the grounds of appeal outlined in Part V.B.1 of these procedures.
   
   
2. Appeals of Assessment in Course Work
   
   A student who alleges that assessment of their academic work or performance in course work has been negatively affected by a factor not involving academic judgment of the substance of the work or performance may appeal the assessment. Council delegates responsibility for investigating and, if the appeal is upheld, for determining an appropriate remedy, to the dean of the college responsible for the course or activity or to the provost for non-degree level certificate programs as described below. The outcome of the appeal to the dean or provost is limited to a change in the student’s grade in the course(s) under appeal, and is subject to university-level appeal as provided for in Section B below.
   
   
   1. The student shall deliver to the dean or provost, not later than 30 days from the date the student is informed of the assessment, a written statement of the allegation, any supporting evidence, and a request for a review of the matter. The dean or provost may extend the period of time for a student to submit the written statement and/or supporting evidence.
      
      
   2. Subject to section (c) below, the dean or provost shall arrange for an informal investigation of the allegation. The investigation shall be carried out as expeditiously as possible and should include, wherever practical, consultation with the original instructor. The subject of the allegations shall be given an opportunity to respond to the allegations made by the student.
      
      
   3. In a case where a student’s allegation involves the dean or provost, that individual should declare a conflict of interest and assign the investigation to an associate or assistant dean or another member of the department who has not been involved in the assessment.
      
      
   4. The dean or provost (or designate under sections (b) and (c)) shall inform the student and the original instructor in writing as to the outcome of the investigation. If the student is not satisfied with the outcome, they may initiate an appeal as provided in Section B below, subject to the grounds specified in that section.

1. Grounds for an Appeal
   
   
   1. A student may appeal as hereinafter provided a decision affecting their academic standing on the following grounds only:
      
      
      1. alleged significant failure to follow procedural regulations of the relevant college or the university dealing with assessment of students’ academic work or performance, or administrative decisions or alleged misapplication of regulations governing program or degree requirements;
         
         
      2. alleged differential treatment of the student as compared to the treatment of other students in the course or program, where the alleged differential treatment affected assessment of the student’s academic work or performance;
         
         
      3. alleged discrimination or harassment, as set out in the university’s Policy on Discrimination and Harassment Prevention and procedures for addressing issues of discrimination and harassment, where the alleged violation affected assessment of the student’s academic work or performance; or
         
         
      4. alleged failure to implement the approved policy and procedures of the university dealing with accommodation of students with disabilities, when the alleged failure affected assessment of the student’s academic work or performance;
         
         
      5. that new evidence has arisen that could not reasonably have been presented at the initial hearing and that would likely have affected the decision of the original hearing board.
         
         
   2. Appeals relating to accommodation are limited to alleged failure to implement the approved policy and procedures of the University.  Concerns about the nature of accommodations provided or the specifics of an accommodation plan should be addressed pursuant to the dispute resolution process of the Students with Disabilities: Academic Accommodation and Access policy, as early as possible and while accommodations are being provided, rather than after an academic outcome.
      
      
   3. A student has no right of appeal under these rules with respect to an academic judgment of written or non-written work, performance or activities or with respect to a decision relating to the provision of deferred or special examinations or other extraordinary methods of assessment unless that judgment or decision is alleged to involve or be affected by a factor mentioned in clause 1(a).
      
      
   4. A student has no right of appeal as hereinafter provided until all applicable steps set out in preceding rules have been taken and a final decision in relation to the matter has been made as provided in those rules. In particular, a university-level appeal hearing will not be held until a report of the college-level investigation as outlined in Section A has been rendered.
      
      
2. Initiation of the Appeal
    
   1. A student initiates an appeal under these rules by delivering a notice of university-level appeal to the following persons:
      
      
      1. the university secretary;
         
         
      2. the academic administrator;
         
         
      3. the faculty member responsible for the course to which the allegation relates; and
         
         
      4. the dean of the college in which the student is registered, if different from the academic administrator in (ii) above;
         
         
      5. for graduate students, the dean(s) of the college(s) offering the course or the program; and
         
         
      6. the registrar.
         
         
   2. The notice of appeal shall be delivered as soon as possible, but not later than 30 days from the date a final decision on the college-level appeal has been communicated in writing to the student. Thereafter no appeal may be brought.
      
      
   3. Upon receipt of the notice of appeal, the university secretary will review the record of previous hearings/proceedings, and the written statement of appeal, and determine whether or not the grounds for appeal are valid. If the university secretary determines there are no valid grounds under these procedures for an appeal, then the appeal will be dismissed without a hearing. If the university secretary determines that there may be valid grounds for an appeal, then the appeal hearing will proceed as provided for below. The rationale for the decision will be communicated to the appellant. The decision of the university secretary to dismiss an appeal or allow it to go forward is final, with no further appeal.
      
      
   4. In general, any assessment of student work and/or standing is considered valid until and unless it has been successfully overturned by an appeal. Reasonable and appropriate efforts should be made, however, to maintain a student’s standing while an appeal is pending, subject to such considerations as safety or wellbeing of others. If any assessment of student work and/or standing pertains to conduct that may significantly impact the safety or wellbeing of others, including without limitation patients, students or clients, the academic administrator may modify the participation of the student in academic or clinical settings or other work placements, pending final outcome of an appeal under these procedures.
      
      
3. Appointment of an Appeal Board
    
   1. Upon receipt of a notice of appeal, the university secretary shall constitute an appeal board to be composed of three members of Council, one of whom is a student (or, in the case of the unavailability of a student Council member, a student appointed by the USSU or GSA Executive to hear the case). When the case involves a graduate student, the faculty members of the appeal board should be members of the graduate faculty. One faculty member of the appeal board shall be named chair. The members of the board shall be chosen from the student academic hearing and appeals committee, which comprises all Council members other than ex officio members. The university secretary or designate will act as secretary to the appeal board. With the exception of the secretary, individuals appointed to serve on an appeal board shall exclude anyone who was involved in the original hearing of the case.
      
      
4. Appeal Procedure
   
   
   1. The appeal board shall convene to hear the appeal as soon as is practicable, but not later than 30 days after it is constituted or such later date as is acceptable to the student and the academic administrator whose decision is being appealed. Under exceptional circumstances, the board may extend this period.
      
      
   2. Written notice of the hearing, along with a copy of these Procedures and of the written statement of appeal, will be delivered by the university secretary to the appellant, to the individual whose decision is being appealed as respondent, and to members of the appeal board. Wherepossible and reasonable the secretary will accommodate the schedules of all parties and will provide at least seven (7) days’ notice of the time and location of the hearing. Where there are special circumstances (as determined by the secretary), the matter may be heard on less than seven (7) days’ notice. It is the responsibility of all parties to ensure that the university has current contact information for them. Any notice not received because of a failure to meet this requirement will have no bearing on the proceedings.
      
      
   3. If any party to these proceedings does not attend the hearing, the appeal board has the right to proceed with the hearing, and may accept the written statement of appeal and/or a written response in lieu of arguments made in person. Any party who chooses to be absent from a hearing may appoint an advocate to present their case at the hearing.
      
      
   4. The appeal board is not bound to observe strict legal procedures or rules of evidence but shall establish its own procedures subject to the following provisions:
      
      
      1. Appeal boards under these procedures will not hear the case again but are limited to determining the appeal on the grounds set out in part V.B.1. Unless it could not have been reasonably presented at the initial hearing, and that evidence would have likely affected the decision of the original hearing, no new evidence will be considered at the appeal hearing. The record of the original hearing, including a copy of all material filed by both sides at the original hearing, the student(s)’s official transcript, and the written statement of appeal, will form the basis of the board’s deliberations.
         
         
      2. In exceptional circumstances, appeal boards may at their discretion request further evidence or ask for witnesses, including asking the instructor to give evidence.
         
         
      3. Appeal hearings shall be restricted to persons who have a direct role in the hearing, except that either party may be represented by an advocate, and request the presence of up to three observers. At the discretion of the chair, other persons may be admitted to the hearing for training purposes, or other reasonable considerations. As the appeal hearing is not a re-hearing of the case, witnesses are not permitted to be called by the appellant or respondent.
         
         
      4. All information provided to an appeal board in advance of a hearing by either party will be shared with both parties prior to the hearing.
         
         
      5. The appellant and the respondent shall be present before the appeal board at the same time. Both the appellant and the respondent will have an opportunity to present their respective cases and to respond to questions from members of the appeal board. It shall be the responsibility of the appellant to demonstrate that the appeal has merit.
         
         
      6. The university secretary or designate shall record the proceedings.
         
         
      7. During the hearing, neither party will communicate with the appeal board without the knowledge and presence of the other party. This right is deemed to have been waived by a party who fails to appear at a scheduled hearing.
         
         
5. Disposition by the Appeal BoardThe appeal board may, by majority:
    
   1. conclude that the allegation was unfounded and dismiss the appeal; or
      
      
   2. conclude that the allegation was justified and specify measures to be taken by the college, school, department division, registrar or faculty member involved to correct the injustice including, but not limited to, the following:
      
      
      1. re-evaluation of the student’s work or performance in accordance with the applicable rules of the college or the University; or
         
         
      2. assessment of the student’s work or performance by an independent third party capable of doing so; or
         
         
      3. a refund or reassessment of tuition or other fees;
         
         
      4. grant leave, or withdrawal, as appropriate in the view of the appeal board and in accordance with the applicable rules of the college or university; or
         
         
      5. order that there be a new hearing to re-hear the case. This provision shall be used only in rare cases, such as when new evidence has been introduced that could not reasonably have been available to the original hearing board or there is procedural error sufficient enough that in the view of the appeal board a new hearing is warranted.
         
         
   3. The chair of the appeal board shall prepare a report of the board’s deliberations and its
      conclusions. The report shall be delivered to the university secretary.
      
      
6. Copy of a Report
   
   
   1. Within 15 days from the date the appeal board has completed its deliberations, the university secretary or designate shall deliver a copy of the chairperson’s report to the student who initiated the appeal and to the persons mentioned in Rule V.B.2(a) (ii)-(v).
      
      
   2. Where the appeal board has determined that a college, school, department or division is to address or act upon a particular matter, the college, school, department or division shall, within thirty (30) days of the receipt of the chairperson’s report, advise the university secretary of its compliance, or timetable for compliance, with the decision. If the college, school, department or division fails without cause to confirm its compliance, the governance committee will review the matter and, if appropriate, require the provost and vice-president academic to instruct the unit to comply.
      
      
7. No Further Appeal
   
   The findings and ruling of the appeal board shall be final with no further appeal and shall be deemed to be findings and a ruling of Council.
   
   
8. Student Records
    
   1. Upon receipt of a notice of university-level appeal, the registrar shall endorse on the student’s record as it relates to the academic work or performance alleged to have been affected the following statement: “This record is currently under appeal and may be affected by the decision of an appeal board.” This endorsement shall be removed from the student’s record upon receipt by the registrar of a copy of the decision of the appeal board.
   2. Upon receipt of notice of a re-evaluation or reassessment pursuant to the order of an appeal board, the registrar shall amend the student’s record accordingly and shall expunge all indication of the record that has been replaced.