Appeals Committee Terms of Reference
TERMS OF REFERENCE
Effective: July 1, 2015
1. The Appeals Committee of the University of Guelph (hereafter the “Committee”) is a subcommittee of the Committee on Student Rights and Responsibilities (“SR&R”), an advisory body to the Board of Governors.
2. These Terms of Reference apply to the judicial appeal process at the main campus of the University of Guelph. Regional Campuses have their own Terms of Reference and Rules of Procedure.
3. The Committee has the jurisdiction to:
(a) Act as an appeal body for the following decisions:
(i) A decision or order rendered by the Judicial Committee;
(ii) Decisions of a non-academic nature made by the University of Guelph which directly affect the appellant’s abilities to pursue their academic endeavours. This route of appeal is available only where there is no other existing appeal process.
(b) To make recommendations to SR&R regarding the Policy on Non-Academic Misconduct, these procedures and trends in the matters being heard by the Committee.
4. The Committee shall conduct appeal hearings on matters falling within its jurisdiction. Hearings conducted by the Committee shall follow the procedures set out in the Rules of Procedure and be conducted in accordance with the rules of procedural fairness. Subject to the Rules of Procedure, the Committee has the authority to establish additional procedures for the conduct of hearings within its jurisdiction.
5. The Committee has jurisdiction to hear an appeal of a decision based on the following grounds:
(a) There is new evidence that was not available at the time of the decision;
(b) The decision was unreasonable in light of the evidence presented;
(c) The penalty or action imposed was unreasonable in light of the circumstances of the case;
(d) There was a lack of procedural fairness.
6. Decisions which are the subject of an appeal will stand, pending the decision of the Committee.
7. Following the hearing, the Committee may take one or more of the following courses of action:
(a) Confirm a finding;
(b) Reverse or alter a finding;
(c) Confirm a penalty; or
(d) Assess a different penalty from within the range of penalties available to the original decision maker.
8. Decisions of the Committee are final.
9. The membership of the Committee shall be drawn from the roster of the active members of the Judicial Committee.
10. Quorum for an appeal hearing shall be a minimum of three members and shall include at least:
(a) Either the Chair or a Vice-Chair of the Judicial Committee, or a designate;
(b) One faculty or staff representative; and
(c) One student representative
11. If the appeal concerns a decision that was rendered by the Judicial Committee, the members who hear the appeal will be selected from the roster of active members of the Judicial Committee who did not hear the original decision.
12. For any particular hearing, the presiding Chair of the hearing may decide that five individuals are needed rather than three.
13. If quorum is lost at any time during the hearing, the hearing may be adjourned until the next appropriate date when the same members comprising the original quorum are present, unless all parties and the Committee agree to continue without quorum.
14. When deemed necessary by the presiding Chair of the hearing to satisfy quorum for a hearing, past members of the Judicial Committee, or current members of the Senate Committee on Student Petitions may be asked to participate in a specific hearing.
15. Decisions will be made by majority vote.
16. Members may not abstain from voting.
17. The presiding Chair of the hearing has voting privileges.
RESPONSIBILITIES OF THE JUDICIAL OFFICER
18. Administrative matters including the organizing and scheduling of hearings and administrative support throughout the hearing and deliberations shall be the responsibility of the Judicial Officer. The Judicial Officer shall be responsible for informing the parties of the decision and ensuring the implementation of the decision of the Committee as well as maintaining the records. Student Judicial Services will prepare an Annual Report for presentation to SR&R.