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Code of Student Rights & Responsibilities - STUDENT RIGHTS AND RESPONSIBILITIES AT AN ADJUDICATIVE HEARING

12. Student Rights and Responsibilities at an Adjudicative Hearing

  1. Student Rights at a Local Adjudication, Peer Review Board (PRB), University Tribunal (UT) Hearing and Appeal Hearing Complainants and Respondents have the following rights:

    1. The right to see all the documentation that the Complainant or Respondent will present.
    2. The right to prior notice of hearing:
      1. In the case of a Peer Review Board: notice of at least three business days.
      2. In the case of a Local Adjudication: notice of at least five business days.
      3. In the case of a University Tribunal: notice of at least seven business days.

      Where there are circumstances that warrant more urgent handling, the notice period may be shortened at the discretion of the decision-maker (Local Adjudicator, Peer Review Board, University Tribunal or Appeal Panel).

      The hearing notice will be hand-delivered, or sent by e-mail, regular mail1 or Express Post. The hearing will be "private" as explained in Section 10 (b).

    3. The right to have an Adviser:
      1. During Local Adjudication and before the Peer Review Board, a student may bring an Adviser (e.g. friend, parent, or other support person). The Advisor may not speak on behalf of the student but may offer support and guidance to the student in the presentation of his or her case. The name and contact details of the Adviser should be provided to the designated PRB Board Adviser at least three two business days prior to the hearing date.
      2. During the University Tribunal Hearing and in the University Tribunal Appeal Process, a student has the right to bring an Adviser or, if necessary, an Advocate. This may be any person chosen by the student to help present his or her case. Students are still expected to speak on their own behalf. The name and contact details of the Adviser or Advocate should be provided to the Office of Student Conflict Resolution at least five business days before the hearing.
      3. A student is responsible for selecting as his or her Adviser a person whose schedule allows attendance on the scheduled date and time for the hearing. If a party wishes to request a postponement, he or she may do so by following the procedures outlined in Section 10 (c). Parties are asked to request dates as close as possible to the original hearing date so that the hearing is timely for both parties.
  2. Additional Student Rights at a University Tribunal or University Tribunal Appeal Hearing

    1. Students have the right, before the merits of the case are heard, to challenge the suitability of any decision-maker hearing the case if there is a reasonable apprehension of bias against the Respondentís case. If such a challenge is made, the individual decision-maker or whole panel will determine if a reasonable apprehension of bias is warranted. Its decision will be final. If it does find a reasonable apprehension of bias against the Complainantís or Respondentís case, it will direct the Office of Student Conflict Resolution to appoint a new panel member or reschedule the hearing with a new panel member or a newly constituted panel.
    2. A student has the right to have his or her case heard in a timely manner, meaning within approximately 20 business days after the determination that the complaint will be heard by the University Tribunal and alternative resolution measures have been unsuccessful, except where emergency measures have been invoked or in other exceptional circumstances (such as University holiday closure).
    3. Under the provisions of the Ontario Human Rights Code and the Accessibility for Ontarians with Disabilities Act, students with disabilities may require reasonable accommodation in relation to a Code proceeding. In such cases, the student is required to provide medical or psychological documentation to Counselling & Disability Services (CDS) at York. With student consent, CDS will confirm and specify the functional impairment and, where applicable, will specify the accommodation that is required.
  3. Student Responsibilities at Any Adjudicative Hearing

    1. At least three business days before a Local Adjudication, two business days before a Peer Review Board and at least five business days before a University Tribunal, parties must:
      1. Deliver original documentary evidence and any written submissions about them that the party wishes to provide in advance to the PRB and the designated Board Adviser.
      2. Advise the panel and the Board Adviser of any Witnesses that will be attending at the partyís request.
      3. Advise the panel and the Board Adviser whether or not they will be bringing a support person/Adviser to the hearing.
    2. Respondents are expected to attend hearings in person even if they have an Adviser. Failure to attend a hearing may result in the case being heard and determinations made in the absence of the Respondentís own evidence being considered.
    3. A student is responsible for selecting as his or her Adviser a person whose schedule allows attendance at or near the scheduled date and time for the hearing so that the hearing is timely for both parties.
    4. It is the studentís responsibility to provide the University with his or her current and actively used contact information. If a student fails to receive any notice under this Code by reason of the studentís own failure to meet this requirement, such notice will still be treated as valid and effective.

 


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)