TABLE OF CONTENTS
G1. Appeals Procedures
G2. Working Committees for Appeals
G1. APPEALS PROCEDURES
Amended by Faculty Council on June 3, 1997; Amended by Faculty Council on May 29, 2003; Approved by Senate May 27, 2004
These Appeals Procedures are designed to cover the BES, MES and PhD degree programs.
G1.1 Determinations of academic matters related to the Academic Regulations of the Faculty of Environmental Studies shall in the first instance be made at the degree program level. Such determinations are of at least three types:
(a) Standard administrative procedures: enrolment, registration, advising, etc.
(b) In-course procedures: assignment of grade, request for grade re-appraisal, incomplete or deferred grades, assignment to tutorial group, etc.
(c) Petitions: request for remedies to actions resulting from standard administrative procedures or in-course procedures.
G1.2 Notwithstanding the prerogatives of the Committee of Instruction with respect to particular matters, standard administrative procedures shall be the responsibility of the Undergraduate Program Director or the Graduate Program Director, as appropriate.
G1.3 Request for remedies to actions resulting from in-course procedures shall in the first instance be dealt with through petitions at the appropriate program level.
G1.4 In-course procedures shall be the responsibility of the relevant Course Director.
G1.5 The administration of petitions related to standard administrative or in-course procedures shall be the responsibility, as appropriate, of:
(a) the Undergraduate Program Director as Chair of the Undergraduate Program and Admissions Subcommittee;
(b) the MES Program Coordinator as Chair of the MES Program and Admissions Subcommittee;
(c) the PhD Program Coordinator as Chair of the PhD Program and Admissions Subcommittee.
G1.6 The outcome of the petition shall be decided by decision of the appropriate subcommittee as determined by majority vote of the members of the appropriate subcommittee present and voting.
G1.7 The outcome of an academic petition may be appealed by a written statement of appeal submitted by the person or persons involved, in the first instance to the Appeals Committee, and in the second (final) instance to the Senate of the University, under the following procedures:
(a) A written statement of the appeal shall be submitted in the first instance by the appellant no later than the last day of the term following the term in which the issue arose.
(b) A written statement of the appeal or reconsideration shall be typewritten or word-processed and shall contain complete details on:
- the exact nature of the appeal or reconsideration s including the specific grounds on which the appeal or reconsideration s is being made;
- the circumstances of the matter, including identification of all of the teaching faculty members involved in the matter and their roles in the matter;
- the outcome desired by the appellant;
- copies of any relevant documentation;
- a statement as to the appellant's decision whether or not to be present at an appeal or reconsideration s hearing, and
- information on a representative, if any (see G 1.7 (h) below).
(c) The written statement of the appeal shall be submitted to an Associate Dean assigned by and acting for the Dean. The Associate Dean shall (where appropriate) consult with all teaching faculty members directly concerned with the matter: if unanimous approval of the appeal by the teaching faculty members concerned is achieved, the Associate Dean shall approve the appeal on behalf of the Appeals Committee; if unanimous approval is not achieved, the Associate Dean shall submit the matter to the Director of the Office of Student & Academic Services of the Faculty of Environmental Studies.
(d) The Undergraduate Program Director or the Graduate Program Director, as appropriate, or an alternate appointed by the Dean shall serve as the official delegate of the Faculty with respect to the appeal or reconsideration s. The appropriate Director (or alternate) shall prepare (normally within one month) a written response to the statement of appeal or reconsideration s and shall appear at the appeal or reconsideration s hearing if the appellant and/or a representative is to be present. A representative for the appropriate Director (or alternate) may also be present at the appeal or reconsideration s hearing.
(e) The Director of the Office of Student & Academic Services shall be responsible for distributing all relevant materials to the appropriate members of the Appeals Committee and all other parties concerned and for arranging a hearing if one is to be held.
(f) The appellant shall have access to all information and materials pertaining to the appeal or reconsideration s.
(g) The Appeals Committee shall consider all information and materials pertaining to the appeal. If the Appeals Committee decides that there are not sufficient grounds to warrant holding AN ORAL hearing, the appeal shall be denied. The appellant shall be informed in writing by registered mail of that decision within ten working days of the date of the decision.
(h) If the Appeals Committee decides that there are sufficient grounds to hold an oral hearing, the appellant may be present at the appeal or reconsideration s hearing and may be accompanied by a representative, in which case the appellant shall indicate this intention in the statement of the appeal or reconsideration s relevant to each stage of the appeal or reconsideration s shall include the representative’s name, address, telephone number, and nature of relationship with the appellant.
(i) If the appellant is to be present (with or without a representative), notice of the hearing shall be given at least ten working days in advance unless the appellant and the Chair of the Appeals Committee agree to shorter notice.
(j) A working committee (as described below in G2) shall hold the hearing.
(k) The Chair of the Appeals Committee shall ensure that written minutes of all hearings and in camera meetings of the working committee are maintained.
(l) At the appeal or reconsideration s hearing, both parties will be given the opportunity to speak to the matter at hand. The appellant (and/or representative) and the delegate of the Faculty (and/or representative) will be permitted to address the working committee in support of the submitted written material. There will be a time limit of 15 minutes for each party’s address. Normally, the appellant (and/or representative) will address the working committee first. Each party has the subsequent right of reply. There will be a time limit of five minutes for each party’s reply. As the hearing is not a trial, witnesses will not be permitted, nor will parties be permitted to cross-examine each other. Members of the working committee will be permitted to ask questions of either party. At the conclusion of the hearing, the parties will depart the hearing and the members of the working committee will then discuss the matter and reach a decision in camera.
(m) Decision of the Appeals Committee shall be by majority vote of the members of the working committee. Abstentions shall not be permitted. In the event of a tied vote, the appeal or reconsideration s shall be denied.
(n) The Chair of the Appeals Committee shall inform the appellant either in person (in which case the appellant shall sign an agreement that he/she has been informed of the decision) or by registered mail of the decision in writing within ten working days of the decision having been reached.
Request for Reconsideration:
(o) Within ten working days of the oral or written notice of the decision of the Appeals Committee having been directed to the appellant, the appellant may seek a reconsideration of the matter to the Appeals Committee by submitting a written statement (containing the information noted above in G1.7 (b)) on grounds of new evidence or of procedural irregularity. (Notes: New evidence does not include material that was available at the time of original appeal, but was not submitted; rather, it must be evidence that was not reasonably obtainable by due diligence before the original hearing. Generally speaking, events or performance subsequent to the original Faculty determination on the petition are not to be construed as new evidence. The grounds for a claim of procedural irregularity are as follows: there was a lack of compliance with the procedures laid out in G1 and G2; the case was handled differently than other cases that were substantially similar; or the principles of equity, natural justice or fairness were not upheld.)
(p) The written statement of the grounds for reconsideration shall be submitted by the appellant to the Director of the Office of Student & Academic Services. Only one such request shall be permitted with respect to a specific appeal. the above procedures apply to a request for reconsideration except that only in exceptional circumstances will an oral hearing be held.
(q) If the matter is referred back, the chair of the appeals committee shall appoint a member of the appeals committee who was not a member of the original working committee, to decide whether to refer the matter back to the original working committee.
(r) The working Committee may decide to deny the appeal without holding a hearing if it decides that no material new evidence has been presented, or that no procedural irregularity occurred or that a procedural irregularity did occur, but was not of sufficient magnitude to have affected the outcome of the appeal.
(s) The appellant shall be informed in writing by registered mail of the decision to deny the appeal within ten working days.
(t) Normally, a reconsideration shall be heard by the original working committee, who will review the submissions in support of reconsideration and render a written decision with reasons within 10 working days of receipt of all relevant material.
(u) The decision of the Appeals Committee may be appealed to the Senate of the University or to such body of the Senate that the Senate may designate for the purpose, under such rules and procedures as the Senate may determine.
G2. WORKING COMMITTEES FOR APPEALS
Amended by Faculty Council on May 29, 2003
G2.1 The Chair of the Appeals Committee shall appoint the members of a working committee to hear a specific appeal. Normally, the members of the working committee shall be members of the Appeals Committee. In exceptional circumstances, the Chair may appoint persons who are not members of the Appeals Committee. The Chair shall ensure that all members of a working committee are without bias with respect to the matter at hand.
G2.2 The working committee shall be known by the name of the appellant, e.g., "The Jones Committee."
G2.3 The working committees shall consist of one student and two teaching faculty members. In exceptional circumstances, the Chair of the Appeals Committee may decide that a larger working committee is warranted.
G2.4 The working committee shall establish its own working procedures within the context of the Academic Regulations.