Procedure for Policy 1.6 Student Rights & Responsibilities Policy – Appeal – Rules of Procedure
The official version of this procedure is housed with the University Secretariat. In the event of a discrepancy, the official version will prevail. Click here for a printable version of this policy.
Parent Policy: Student Rights & Responsibilities Policy
Approving Authority: Board of Governors
Responsible Office: Student Affairs, University Secretariat
Responsible Officer: Vice-Provost (Student Affairs), University Secretary
Original Approval Date: June 18, 2025
Effective Date: August 18, 2025
Date of Most Recent Review:
Previous Reviews:
1. Function
1.1. The University Hearing Board has jurisdiction to act as an appeal body for the following decisions:
1.1.1. Decision of the University Hearing Board with respect to Policy 1.6 Student Rights & Responsibilities Policy
1.1.2. 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.
2. Referral
2.1. Where a matter under appeal was not originally decided by the University Hearing Board, the Chair may refer the matter to the University Hearing Board for a hearing.
2.1.1. Such a referral may be made where there was an error in the original decision making process, there were insufficient or conflicting findings or some other impropriety.
2.1.2. Throughout this Procedure, Chair shall mean Chair of the University Hearing Board, or their designate from among the Vice-Chairs
2.2. Where a matter under appeal was originally decided by the University Hearing Board, the Chair may refer the matter back to a Hearing Panel where potentially decisive new evidence is presented that is complex or requires a credibility assessment. The Hearing Panel will incorporate the new evidence into the record, make findings, and then either reaffirm or revise the earlier decision.
2.2.1. New evidence may be considered on appeal where the record is straightforward.
3. Appeals
3.1. The Committee has jurisdiction to hear an appeal of a decision based on the following grounds:
3.1.1. There is new evidence that was not available at the time of the decision;
3.1.2. The decision was unreasonable in light of the evidence presented;
3.1.3. The outcome or action imposed was unreasonable in light of the circumstances of the case;
3.1.4. There was a lack of procedural fairness;
3.1.5. There was bias on the part of the original decision maker.
3.2. Decisions which are the subject of an appeal will stand, pending the decision of the Committee.
3.3. Following the hearing, the Committee may take one or more of the following courses of action:
3.3.1. Confirm a finding;
3.3.2. Reverse or alter a finding;
3.3.3. Confirm an outcome; or
3.3.4. Assess a different outcome from within the range of outcomes available to the original decision maker.
3.4. Decisions of the University Hearing Board with respect to Appeals conducted under this Procedure are final.
4. Hearing Panel
4.1. If the appeal concerns a decision that was rendered by the University Hearing Board, the members who hear the appeal will be selected from members of the University Hearing Board who did not hear the matter at first instance.
5. Amendment and Computation of Time
5.1. Where these Rules prescribe a number of days, weekends and holidays shall be counted. In cases where a period of days is counted from a date forward a period of days is deemed to commence on the day following the event that began the period and is deemed to terminate at 11.59 p.m. on the last day of the period. In cases where a period of days is counted from a date backwards a period of days is deemed to commence on the day prior to the event that ends the period and is deemed to begin at 12:00 a.m. on the first day of the period.
5.2. Where any time or time limitation is mentioned in these Rules, the Chair may extend or abridge the time requirements prescribed as necessary. This discretion may be exercised before or after the expiration of the time prescribed.
5.2.1. The Judicial Officer may approve routine extensions or abridgements.
6. Filing an Appeal
6.1. An individual wishing to appeal a decision (the “Appellant”) must submit a completed Notice of Appeal to the Judicial Officer within twenty-one (21) calendar days of the final decision having been communicated in writing to the individual.
6.2. A Notice of Appeal must contain a complete appeal form, copy of the decision, the grounds for the appeal, the outcome sought, a statement supporting the grounds for the appeal, and any relevant documentation in support of the appeal, including any documentation that was before the original decision maker.
6.3. The Judicial Officer shall provide the responding party (the “Respondent”) with a copy of the Notice of Appeal and attachments.
6.4. The Respondent shall submit a written response to the Judicial Officer within fourteen (14) calendar days of receiving the Notice of Appeal. The response shall include a summary of the submissions made in response to the appeal and any relevant documentation in support of the response.
6.5. The Judicial Officer shall provide a copy of the response to the Appellant.
6.6. The Chair will review the Notice of Appeal to determine:
6.6.1. If the appeal is eligible to be heard pursuant to this Procedure
6.6.2. If the appeal contains sufficient information, on its face, to permit it to move forward.
6.7. If the Chair determines that the request for appeal is within mandate and able to proceed, the Judicial Officer will establish a panel to hear the appeal and schedule a hearing.
6.8. All parties to an appeal shall be served with a Notice of Hearing, which will include the date, time, place and purpose of the hearing.
6.9. The Hearing Panel will receive a hearing package in advance of the hearing. The hearing package will only contain information that has been seen by both parties.
6.10. The Chair may request that either party produce additional material referenced or reasonably relevant to the matter under consideration. Such a request must normally be made at least 2 days prior to the hearing and shall be provided to all parties.
7. Motions and Preliminary Matters
7.1. The Chair will be made available to the parties prior to the hearing, to provide an opportunity to raise concerns regarding conflict of interest with respect to any member of the Hearing Panel.
7.2. Motions for a postponement will be decided by the Chair. Decisions will be guided by the need for an expeditious resolution of the case, which should prevail absent compelling medical, psychological or compassionate reasons. The decision of the Chair is final.
7.3. A specific request for action (“motion”) may be heard prior to a hearing or at the beginning of a hearing at the discretion of the Chair. The motion must be in writing and submitted to Student Judicial Services. Any response to the motion must be made in writing and delivered through email or on the hearing date.
7.4. Motions and preliminary matters will be decided by the Chair. The Chair may refer a motion or preliminary matter to a Hearing Panel at their discretion. The decision of the Chair, their designate, or the Hearing Panel on any motion or preliminary matter is final and not subject to appeal. Motions and preliminary matters must be brought no later than 5 days before the scheduled hearing date. Motions not delivered to Student Judicial Services by the provided deadline can only proceed with the approval of the Hearing Panel and will normally only be granted in extraordinary circumstances.
7.5. A Respondent may make a motion to have the appeal dismissed summarily if it does not put in issue any of the grounds for appeal or otherwise come within the jurisdiction of the University Hearing Board.
8. Hearing Procedures
8.1. Hearings will be scheduled on weekdays, including during the examination period but will not be scheduled to conflict with a student’s examination. Hearings will be scheduled throughout the calendar year.
8.2. The University Hearing Board may, at the discretion of the Chair, hear an appeal either in writing or orally at the request of either party.
8.3. Non-Appearance at an Oral Hearing: If either party fails to appear before the Committee on the day and time identified in the Notice of Hearing, the Chair of the Hearing Panel has the authority to:
8.3.1. Dismiss the appeal without further notice;
8.3.2. Proceed in the absence of the party that failed to appear; or
8.3.3. Reschedule the hearing if acceptable extenuating circumstances are provided.
8.4. Closed Hearings: All hearings before the University Hearing Board pursuant to the Policy shall be closed to the public. The Policy recognizes that individuals and communities who have been harmed have a right to understand how decisions that impact them have been made and how harms they have experienced have been addressed. The Chair may, at their discretion, permit such persons to attend a hearing as may be appropriate to uphold the foregoing principle.
8.5. Hearings shall be conducted to allow all parties involved an opportunity to question the information provided.
8.6. A party to proceedings at a hearing may:
8.6.1. Be represented by an advisor or agent, including by legal counsel;
8.6.2. Make representations to the Committee and, at the discretion of the Committee, call individuals with relevant information to give evidence;
8.6.3. At the discretion of the Committee, question individuals called by other parties as reasonably required for a full and fair disclosure of the facts in relation to which they have given evidence.
8.7. The Committee may admit as evidence at a hearing oral testimony and any other form of evidence that is considered relevant to the subject matter of the hearing. The Committee may exclude anything unduly repetitious or which is not relevant to the subject matter of the hearing.
9. Maintenance of Order at Hearings
9.1. The Chair may give directions during the proceedings to maintain order. The Chair may ask any party to leave the hearing if, in the opinion of the Chair, the action is so disruptive to the hearing process as to frustrate it. In this instance, the Committee will consider the case using written documentation from the parties.
9.2. The Chair may reasonably limit discussion and questioning where it is satisfied that the examination has been sufficient to disclose fully and fairly all matters relevant to the hearing.
10. Third Parties & Resources
10.1. The Chair may permit such third parties or resources as they deem necessary or reasonable to attend a hearing for the purpose of advising or supporting the University Hearing Board.
10.2. Any third party or resource permitted to attend may respond to inquiries from the University Hearing Board as they relate to their function or recognized area of expertise. They shall not offer opinions, comments, or statements regarding the specific matter under consideration by the University Hearing Board.
10.2.1. This shall not be interpreted in a manner that limits the ability of individuals who administer relevant policies or processes from participating fully in the hearing process.
11. Decisions
11.1. Decisions will be made by majority vote of the members present.
11.2. Normally, within 21 calendar days, Student Judicial Services shall send to all parties the University Hearing Board’s ’s final decision in writing and issued by the chair of the Hearing Panel.
11.3. Parties to the hearing may request that Student Judicial Services provide a summary of the decision, without reasons, in advance of receipt of the final decision.
12. Record of Hearing
12.1. Student Judicial Services shall compile a record for each hearing, which shall include a copy of:
12.1.1. All documents submitted by both parties;
12.1.2. Any order granting postponements or motions made by the Chair, their designate, or the Hearing Panel ; and
12.1.3. The Notice of Decision.
12.2. All records of the hearing shall be expunged seven years following the hearing if the Committee upholds a finding that the student is responsible, except for those which the penalty was suspension or expulsion. If the Committee reverses a finding that a student is responsible, all records will be expunged after one year following the hearing and in accordance with Student Judicial Services Records, Retention and Disposition policies.
13. Amendments
13.1. A proceeding shall not be defeated by any formal objection of a technical nature. All reasonable and necessary amendments to process documents shall be made by the Committee in order to determine the real matter in dispute.