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Code of Student Rights & Responsibilities - Request for a Review of a Local Adjudication or Peer Review Board Hearing

9. Request for a Review of a Local Adjudication or Peer Review Board Hearing

  1. The Request
    Following a decision of a Local Adjudicator or a Peer Review Board, a Respondent may request a hearing or a review the decision or imposed sanctions on the grounds that:

    1. the Local Adjudicator or Peer Review Board had no authority under this Code to reach the decision or impose the sanctions he or she did;
    2. the Local Adjudicator or Peer Review Board made a fundamental error in procedure prejudicial to the Respondent;
    3. the sanctions are unnecessarily punitive and/or do not fit the violation for which the Respondent has been found responsible or would benefit from a review on compassionate grounds (this ground may only result in a review of sanctions);
    4. the Respondent has new evidence to present that could not reasonably have been presented earlier.

    The request must include detailed reasons and be in writing. Requests must be delivered to the University Tribunal, c/o the Director of the Office of Student Conflict Resolution, within 10 business days after the date on which the Local Adjudicator’s written decision, with reasons, was issued.

  2. The Decision
    The request for hearing or a review of the decision or sanctions will be considered by a University Tribunal in written form only. This University Tribunal will render a written decision with reasons no more than 10 business days from the date of the hearing. The University Tribunal has the authority to do the following:

    1. grant or deny a hearing (Local Adjudication, Peer Review Board or University Tribunal);
    2. affirm the original decision;
    3. affirm, reduce or increase the assigned sanctions; or
    4. require that the Local Adjudicator or Peer Review Board conduct a new hearing or reconsider some pertinent aspect of its decision. The subsequent hearing cannot be subject to a new request for a review under this Section of the Code and its decision will be final and binding.
  3. Sanctions ordered by the Local Adjudicator or Peer Review Board will be suspended pending the decision of the University Tribunal as to whether a hearing will be granted; however, the following sanctions will stay in effect:

    1. behavioural restrictions (e.g. no-contact order, ban from a building);
    2. residence relocation;
    3. residence probation;
    4. residence suspension;
    5. removal from residence;
    6. any sanctions that a Local Adjudicator or PRB have specified are for safety or security reasons. Notwithstanding that a student is appealing the sanction of removal from residence, the student may still be expected to vacate the residence as ordered. Housing issues may be discussed with the Office of Student Conflict Resolution.
  4. If the University Tribunal denies the request for a hearing or chooses not to modify the sanctions, then the original sanctions will immediately become enforceable as of the date of the Local Adjudicator or PRB’s decision.

  5. The decision of the University Tribunal is final and may not be appealed.


 


Office of Student Conflict Resolution
Telephone: (416) 736-5231
Fax: (416)736-5565
Location: W128 Bennett Centre for Student Services
Email: oscr@yorku.ca

A division of Student Community Development (SCD)