AA19: Academic Appeal

Policy #:
AA19
Responsible Authority:
Dean, Academic Development
Approval Authority:
President's Executive Committee
Executive Sponsor:
Vice President, Academic
Approval Date:
1995/07/19
Last Reviewed:
2011/02/02
Mandatory Revision Date:
2016/02/02
Downloadable Version:
Academic Appeal

PURPOSE

To provide students with a fair and timely process to appeal decisions that impact the academic standing or progression of students.

SCOPE

This policy applies to all students.     

DEFINITIONS

This includes terms and abbreviations used within this policy and procedure.

Word/Term

Definition

Academic Administrator

Program Chair, Course Chair, or Academic Manager

Chair

Chair of the Appeal Committee

Grounds

The reasons used to challenge an academic decision which the student believes is not fair or reasonable

POLICY

1. General

1.1  Algonquin College is accountable for setting and maintaining standards of academic performance.  The professors and administrative staff have the right and responsibility to exercise professional and academic judgement in making decisions about the performance and progress of students which reflect their academic abilities and accomplishments.

1.2  The College is committed to ensuring that students are treated in a fair and consistent manner regarding all matters that relate to their academic performance and progress. In keeping with this commitment, all students shall be provided with a timely process to appeal academic decisions when they believe the academic decision has not been fair or reasonable.     

1.3  Students with no outstanding debts or obligations to the College have the right to formally appeal an academic decision concerning their academic performance and progression through a program of study.  

1.4  Students who believe that they have the basis for appealing an academic decision shall first attempt to resolve the matter informally through immediate contact with the professor who has made the decision, and then, if necessary, with the Academic Administrator.   It is only when a dispute cannot be resolved through this informal process that students may proceed to formally appeal the academic decision to an Appeal Committee.

2.  Appeal Committee

2.1  The Dean of each School shall establish a standing Appeal Committee and confirm its membership to the Vice President, Academic

2.2  Students may initiate a formal appeal for academic decisions related to:

  • procedural error including review of a grade. (Policy AA 37: Review of Final Grade);

  • academic discipline (Policy AA 18: Academic Discipline);

  • plagiarism (Policy AA 20: Plagiarism);

  • an assignment that does not allow a reassessment, such as presentations, field placement or clinical performances. (Policy AA 37: Review of Final Grade) ;  

Note: Presentation, clinical or field performance grades are not subject to re-examination. Thus, the only possible remedy may be the opportunity to redo the presentation, field or clinical assignment, as opposed to a revision of the grade.

2.3  Students may also initiate an appeal for academic decisions about their academic performance and progression regarding:

  • accommodation (AC 01:  Students with Disabilities)

  • special allowance (AA 21: Special Allowances for Individual Students)

  • participation in Students’ Association varsity teams ( AA 22: Student Participation Allowance in Athletics or on the Students’ Association Board of Directors)

  • progression ( AA 39: Program Progression and Graduation Requirements)

2.4  College staff are to follow the procedures as described in this policy.  Under certain circumstances, it may be necessary for these procedures to be amended. All such amendments will be available to the College without recourse by the students, provided they do not cause prejudice to the students and continue to result in a fair appeal process.

2.5  Students, who believe they have the basis for appealing an academic decision, should seek the advice of the Ombudsperson for support and direction at the earliest possible time in the process.

2.6  All college staff are to cooperate with reasonable requests to provide evidence and to appear at the appeal hearing as witnesses unless there are extenuating circumstances precluding their participation.

2.7  Pending the outcome of the appeal, students may register in the next level of their program, unless there is an issue of liability, safety and/or behaviour that interferes with the teaching/learning process. The Academic Administrator may impose compulsory conditions to be met by the students if they continue in the program while awaiting the outcome of the appeal.   

2.8  The College prohibits reprisals, or threats of reprisal, against students who have raised matters of concern under this policy. Individuals who violate this provision shall be subject to disciplinary action.

2.9  If students do not initiate an appeal within the deadlines set by this policy, the College will consider the matter as being closed.   

3.  Onus and Standard of Proof

3.1  For academic decisions being appealed, the responsibility is on the students to show that the original decision was incorrect.

3.2  Where the students are appealing the decision related to academic discipline and/or plagiarism policies, the onus is on the professor or College staff to satisfy the Committee through witnesses and documentation that the students have committed the alleged act(s) and that the act(s) amounted to an academic offence.

3.3  Where the students are appealing a sanction imposed following an academic offence, the onus is on the students to satisfy the Committee that the penalty imposed is too harsh in the circumstances of the particular case.

3.4  The standard of proof in all decisions shall be a balance of probabilities. This means that the Committee must be shown that it is more likely than not that the original decision was incorrect.

4. Appeal Committee Decision

 4.1  The decision of the Appeal Committee is final. Students who believe they have not received a fair hearing may request an Appeal Review only for the following reasons:

a.  A substantial procedural error has been committed by the Appeal Committee which has denied the student a fair hearing;

b.  New evidence is available that, through no fault of the student, was not available at the time the appeal was heard by the Appeal Committee;

c.  The penalty imposed by the Appeal Committee is unduly harsh given the circumstances or the offence.

4.2  There shall be no other grounds for an Appeal Review.  For the purposes of clarification, the College Appeal Review Committee does not have the authority to rehear a student’s case on its own merits, as the decision of the Appeal Committee is final.


PROCEDURE


Action


Responsibility                         

1.

Informal Appeal



1.1

Within five (5) days of receiving a written notice of an academic decision which the student believes does not accurately reflect his/her performance, meet with the professor or Academic Administrator who rendered the decision to review the decision.


Student

1.2

If a solution is reached, notify the student in writing and the Registrar’s Office, if the final grade or academic decision is changed.


Professor or Academic Administrator

1.3

If no solution is reached within these five (5) working days, meet and ask the Academic Administrator to review the decision if it was made by a professor or with the Dean if the decision was made by an Academic Administrator within the next five (5) working days.


Student

1.4

If a solution is reached, notify the student in writing and the Registrar’s Office, if the final grade or academic decision is changed.


Academic Administrator  or Dean

1.5

If no solution can be reached at the second step (1.3 above),  launch a formal appeal of the academic decision to the Appeal Committee within the next five (5) working days.


Student

2.

Appeal Application



2.1

Within five (5) working days of the date the student met with the academic administrator or with the Dean to review the decision under dispute, obtain two forms from the Registrar’s Office:

  • an Appeal Application form (Appendix1) ;

  • an Authorization for Release of Student Information form (Appendix 2).


Student

2.2

Complete both forms and return to the Registrar’s Office, along with the appeal fee to be paid.  The appeal fee will be returned to the student if the academic decision is changed in favour of the student.         


Student

2.3

With the application, provide the grounds for the academic appeal (Appendix 3).


Student

2.4

If a person other than the student is to present the case to the Appeal Committee, provide the name and occupation of the person representing the student to the Appeal Committee Chair at least three (3) working days before to the appeal hearing.


Student

2.5

Forward the appeal application and any relevant documentation to the Academic Administrator or Dean. 


Registrar’s Office

2.6

In instances where the Academic Administrator is notified, inform the Dean of the request for an appeal.


Academic Administrator

3.

Appeal Hearing



3.1

On receiving the application for an appeal, notify the Appeal Committee Chair (referred in Sections 3 & 4 as Chair) of the request.  

 

Academic Administrator or   Dean

3.2

Call a meeting of the Appeal Committee (Appendix 4) to hear the appeal within ten (10) working days of receiving the application and notify the student and all other persons involved in the appeal of the date, time and place of the meeting.  An extension can be granted by the Dean at the request of the student or the Department, as long as it is reasonable and agreeable to all concerned.      


Appeal Committee Chair

3.3

Give the names of the Appeal Committee members to the student and the professor(s) involved in the appeal at least five (5) working days before the appeal is to be heard. Either the student or the professor(s) can object to a member of the Appeal Committee.


Appeal Committee Chair  

3.4

To object to a member of the Appeal Committee, submit the objections to the Chair at least four (4) working days before the appeal is heard.


Student or the professor(s)

3.5

If the Chair determines the objection is reasonable, appoint alternate members(s) to the Appeal Committee so as to maintain its composition (Appendix 4).  The hearing may be delayed by as much as five (5) working days in order to find replacement member(s).


Appeal Committee Chair

3.6

At the request of the student, the professor(s) or at the discretion of the Academic Administrator or Dean, meet with the parties and/or their advisors to clarify the issues to be heard by the Appeal Committee, to answer any procedural questions, to consider limiting the number of witnesses, or to consider other matters which may help in the conduct of the appeal hearing.


Academic Administrator  or Dean

3.7

At least five (5) working days before the hearing, provide to the Chair the information listed below :

a.  One copy of the documents the student and the professor plan to introduce as evidence at the hearing. Unless the other party or the Appeal Committee agrees, no other documents may be introduced at the time of the hearing.

b.  A list of intended witnesses or a statement that no witnesses will be called.  No witness other than those on the list may testify without the consent of the Appeal Committee. If a party is having difficulty getting cooperation from a potential witness, he or she will request assistance from the Dean.

c.  The name and credentials of any advisor who will accompany the student or the professor.  An advisor cannot attend the Appeal Hearing without having informed the Chair prior to the hearing unless it is agreed to by the Appeal Committee and the other party.  If the student chooses to bring a lawyer, the College may wish to do the same. Any costs associated with the attendance of an advisor for the student at the appeal are the sole responsibility of the student.


Student and the professor

3.8

Review all documents submitted to ensure that they are relevant to the appeal. Documents identified as not relevant will be returned to the student or professor at least two (2) working days before the hearing stating the reasons they will not be used during the appeal.


Appeal Committee Chair   

3.9

At least two (2) working days prior to the appeal hearing, distribute copies of all relevant documents listed in Article 3.7 and any other material necessary for the fair determination of the appeal to Appeal Committee members, student and professor.

All information is to be kept in the strictest of confidence  


Appeal Committee Chair

3.10

Conduct the hearing as outlined in Appendix 5 Order of Proceedings.  The order can be amended with the agreement of the parties or by the Chair if he or she determines that such amendment(s) will not prejudice the student or the professor and will ensure the fair determination of the appeal.


Appeal Committee Chair

3.11

Within five (5) working days of the completion of the appeal, send on behalf of the Appeal Committee, the written decision and the reasons for that decision to the student, the professor(s), the Dean, and the Registrar.


Appeal Committee Chair

3.12

Prepare a written record of the Appeal Committee meeting and submit it to the academic department for retention. It is not necessary for the Appeal Committee to generate a transcript of the appeal, but summary notes of the evidence presented should be recorded. The record shall consist of:

 a.  The Appeal Application form;

b.  Names and occupation of the Appeal Committee members and any other persons in attendance, including witnesses and advisors;

c.  Documents introduced by the student and the professor(s);

d.  The written decision that was issued by the Appeal Committee to the student and the professors;

e.  Any other material that the Appeal Review Committee considered to make its decision so that the record gives a fair and comprehensive account of the appeal, including summary notes of the evidence presented.

 The decision of the Appeal Committee is final. A student who believes that he or she has not received a fair hearing may request an Appeal Review as described in Section 4 below. 


Appeal Committee Chair

3.13

Retain all records for a period of at least seven (7) years or longer if the student returns to the College before the seven years have expired.


Academic Department

4.

Request for Appeal Review



4.1

Within ten (10) working days of receiving the decision of the Appeal Committee, apply in writing to the Registrar’s Office for an appeal review if at least one of the following reasons is met:

a.  Substantial procedural error has been committed by the Appeal Committee which has denied the student a fair hearing;

b. New evidence is available that, through no fault of the student, was not available at the time the appeal was heard by the Appeal Committee;

c.  The penalty imposed by the Appeal Committee is too harsh given the circumstances or the offence.



Student

4.2

Include the following in the application for an appeal review :

a.  The decision of the Appeal Committee that is being appealed;

b.  The reasons for requesting an appeal  review (See art. 4.1 above);

c.  The remedy that is being requested;

d.  If another person is to present the case on behalf of the student, the name and occupation of the person representing the student.  If the name of the person is not known at the time of the application, this is to be provided within three (3) working days of the appeal review hearing;

e.  The appeal review fee to be paid. This fee, together with the appeal fee referred to in Article 2.2, will be refunded to the student in the event the decision of the Appeal Review Committee is changed in favour of the student.


Student

4.3

Within two (2) working days, send the request for an appeal review to the Vice President, Academic.


Registrar’s Office

4.4

Within two (2) working days of receiving the request for an appeal review from the Registrar’s Office, call together an Appeal Review Panel, composed of two academic administrators/Deans and chaired by the Vice President, Academic, to determine if there are sufficient reasons for an appeal review, based on Article 4.1. Only to the extent necessary to determine whether any of the three reasons for an appeal review exists may the Panel hear evidence.


Vice President, Academic

4.5

If the request for an appeal review is denied, inform the student in writing of the reasons.


Vice President, Academic

4.6

If the request is granted, refer the appeal review to the Chair of the Appeal Review Committee (Appendix 6), with the student’s application, all pertinent records, and a copy of the record of the academic appeal.


Vice President, Academic

5.

Appeal Review Hearing



5.1

Call a meeting of the Appeal Review Committee to hear the appeal review within ten (10) working days of receiving the application and notify the student and all other involved persons of the date, time and place of the meeting.  At the request of the student to the Vice President, Academic, the time line can be extended by an additional five (5) working days.


Chair, Appeal Review Committee

5.2

Give the names of the Appeal Review Committee members to the student and the professor(s) involved in the appeal review at least five (5) working days before the appeal review is to be heard. Either the student or the professor(s) can object to a member of the Appeal Review Committee. 


Chair, Appeal Review Committee

5.3

To object to a member of the Appeal Review Committee, submit the objections to the Vice President, Academic at least four (4) working days before the appeal review is to be heard.


Student or professor

5.4

If the challenge is determined to be reasonable, the Vice President, Academic will appoint alternate member(s) to the Appeal Review Committee so as to maintain its composition (see Appendix 6). 


Vice President, Academic

5.5

At the request of the student or the professor or at his/her discretion, meet with the parties and/or their advisors to clarify the issues to be heard by the Appeal Review Committee, to answer any procedural questions, to consider limiting the number of witnesses, or to consider other matters which may help in the conduct of the appeal review.


Chair, Appeal Review Committee or Vice President, Academic

5.6

At least five (5) working days before the appeal review hearing, provide the Chair of the Appeal Review any additional information not presented at the appeal, such as written statements or other pertinent material, if such statements or materials are to be presented at the appeal review meeting.


Student and professor

5.7

Provide a copy of the record of the Appeal Committee (Article 3.12) to the student, other involved persons and Appeal Review Committee members at least four (4) days before the appeal review is scheduled.

Any material introduced at the hearing may be considered provided that fair and reasonable accommodation has been made by the Appeal Review Committee to ensure that no affected person is prejudiced by the failure to be provided with the material prior to the appeal.

All information is to be kept in the strictest of confidence. 


Chair, Appeal Review Committee

5.8

Read the record of the Appeal Committee. Based on the reason for the appeal review,

 5.8.1 Rehear the case if a substantial procedural error occurred at the Appeal Committee;

 5.8.2 Consider new evidence not available to the student at the time of the appeal;

 5.8.3 Reassess the penalty to determine if it is too harsh for the circumstances or offence. 

The College Appeal Review Committee has the authority to amend or reverse the decision of the Appeal Committee.


Appeal Review Committee

5.9

Conduct the hearing as outlined in Appendix 5 Order of Proceedings.  The order can be amended with the agreement of the parties or by the Chair if he or she determines that such amendment(s) will not prejudice the student or the professor and will ensure the fair determination of the appeal review.


Chair, Appeal Review Committee

5.10

Within five (5) working days of the completion of the appeal review send, on behalf of the Appeal Review Committee, the written decision and the reasons for that decision to the student, the professor (s), the Vice President, Academic, the Dean, and the Registrar.


Chair, Appeal Review Committee

5.11

Prepare a written record of the Appeal Review Committee meeting and submit it to the Vice President, Academic for retention. It is not necessary for the Appeal Review Committee to generate a transcript of the appeal, but summary notes of the evidence presented should be recorded. The record shall consist of:

a.  The Appeal Review Application form

b.  The Appeal Committee Record

c.  Names and status of the Appeal Review Committee members and any other persons in attendance, including witnesses and advisors

d.  Any statements and materials presented at the Appeal Review meeting not contained in the Appeal Committee Record

e.  The written decision that was issued by the Appeal Review Committee to the student and professor(s)

f.  Any other material that the Appeal Review Committee considered to make its decision so that the record gives a fair and comprehensive account of the appeal review, including summary notes of the evidence presented.

 The decision of the Appeal Review Committee is final and binding on all persons involved in the Appeal Review.


Secretary, Appeal Review Committee

5.12

Retain all records for a period of at least seven (7) years or longer if the student returns to the College before the seven years have expired.


Office of the Vice President, Academic


SUPPORTING DOCUMENTATION
Appendix 1         Appeal Application form
Appendix 2         Authorization for Release of Student Information form
Appendix 3         Grounds for Academic Appeal
Appendix 4         Appeal Committee Mandate
Appendix 5         Order of Proceedings
Appendix 6         Appeal Review Committee Mandate

RELATED POLICIES
AA 13                    Evaluation of Student Learning
AA 18                    Academic Discipline  
AA 20                    Plagiarism
AA 21                    Special Allowances for Missed Evaluation
AA 22                    Student Participation Allowance
AA 37                    Review of Final Grade
AA 39                    Progression and Graduation Requirements
AC 01                     Students with Disabilities
HR 22                     Harassment and Discrimination

RELATED MATERIALS
None

 

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