Procedure for Policy 1.6 Student Rights & Responsibilities Policy – Hearing – 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. Amendment and Computation of Time
1.1. 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.
1.2. 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.
1.2.1. The Judicial Officer may approve routine extensions or abridgements.
2. Referral of Matters to University Hearing Board
2.1. Matters will be referred to the University Hearing Board pursuant to section 10 of Policy 1.6 Student Rights & Responsibilities Policy.
2.2. After Student Judicial Services has been notified that a matter has be referred to the University Hearing Board, a Notice of Hearing will be sent to the student’s University of Guelph email address. The Notice of Hearing shall include the nature of the offence, the date, time and place of the hearing and the applicable rules of procedure. The Notice of Hearing will be deemed to have been delivered on the day the email was sent by Student Judicial Services. Subject to section 1.2, Students shall have at least 14 days notice of a hearing, unless they waive that notice period.
2.3. The Judicial Officer will offer a pre-hearing meeting with the student to explain in detail the hearing procedures. The student may accept or reject the offer of a pre-hearing meeting.
3. Disclosure
3.1. Any written statements, documentation and any other material which either party intends to rely on during a hearing (“Documentation”) shall be provided to Student Judicial Services no later than 7 days before the scheduled hearing date.
3.2. Student Judicial Services shall facilitate the disclosure of all written statements, documentation and any other material received to all parties.
3.3. Any objection by any party to the inclusion of any written statement, documentation or any other material in the hearing materials must be received by Student Judicial Services by 12:00 p.m. on the 5th day prior to the hearing.
3.3.1. If any party objects to part or all of the Documentation, the objection together with reasons must be delivered to Student Judicial Services in writing. See “Motions and Preliminary Matters”
3.4. If no objections to the Documentation are raised by the parties, the Documentation will be forwarded to the Hearing Panel members for review prior to the hearing.
4. Motions and Preliminary Matters
4.1. Throughout this Procedure, Chair shall mean Chair of the University Hearing Board, or their designate from among the Vice-Chairs
4.2. 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.
4.3. Motions for an 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.
4.4. 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 , or their designate from among the Vice-Chairs. 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.
4.5. 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 within 5 days can only proceed with the approval of the Hearing Panel and will normally only be granted in extraordinary circumstances.
5. Hearing Procedures
5.1. Normally, the University Hearing Board will hear matters within 28 days of referral.
5.2. 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.
5.3. Students may enter one of the following pleas:
5.3.1. Responsible: students admit that they are responsible for the alleged breach of the Policy
5.3.2. Responsible with Explanation: students admit that they are responsible for the alleged breach of the Policy, but there are extenuating circumstances that they want to bring to the attention of the University Hearing Board; or
5.3.3. Not Responsible: students do not admit responsibility for the alleged breach of the Policy.
5.4. No Plea Submitted: Where a student refuses to enter a plea or fails to appear at the hearing, the student shall be deemed to plead not responsible.
5.5. Non-Appearance at a Hearing: If either party fails to appear before the University Hearing Board on the day and time identified in the Notice of Hearing, the Chair of the Hearing Panel has the authority to:
5.5.1. dismiss the case without further notice;
5.5.2. proceed in the absence of the party that failed to appear; or
5.5.3. reschedule the hearing if acceptable extenuating circumstances are provided.
5.6. New evidence: No new evidence will be allowed at the hearing unless agreed to by the Hearing Panel.
5.7. 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.
5.8. Hearings shall be conducted to allow all parties involved an opportunity to question the information provided.
5.9. Any party in a hearing shall be entitled to be represented by an advisor or agent, including by legal counsel. Where a party elects to be represented by an advisor or agent, that advisor or agent shall make representation on behalf of the party and may call the party as a witness. The party may not make representations on their own behalf, in addition to those made by their advisor or agent, except on the consent of the Chair.
6. Maintenance of Order at Hearings
6.1. 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 Hearing Panel will consider the case using written documentation from the parties.
6.2. The Chair , or their designate from among the Vice-Chairs, 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.
7. Witnesses
7.1. Each party is permitted to call witnesses to provide relevant testimony.
7.2. Each party has the ability to question witnesses called by other parties as reasonably required for a full and fair disclosure of the facts in relation to which they have given evidence.
7.3. Witness shall be entitled to be advised by legal counsel or by an advisor/agent, but such legal counsel or advisor/agent may take no other part in the hearing without the permission of the Chair.
7.4. At any time during the hearing, the Chair of the Hearing Panel may, at the request of any party or on its own initiative, require that witnesses be excluded from the hearing until called to give evidence. It is customary that this type of request would be made at the outset of a hearing.
7.5. Legal counsel or the advisor for a witness shall not be entitled to be present at a hearing, except when that witness is giving evidence.
8. Evidence
8.1. The University Hearing Board may admit as evidence at a hearing:
8.1.1. any oral testimony;
8.1.2. any documentation relevant to the case, which could include duplications of authentic materials. The Chair of the Hearing Panel may exclude anything unduly repetitious.
9. Notice of Facts/Opinions
9.1. The University Hearing Board may take notice of facts that are a matter of public record, generally recognized scientific or technical facts, or information within its specialized knowledge.
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 appropriate findings for the 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 of University Hearing Board
11.1. The University Hearing Board shall make its decision using the balance of probabilities, and based on the evidence provided.
11.2. Decisions will be made by majority vote of the members present.
11.3. Normally, within 21 calendar days, Student Judicial Services shall send to all parties the University Hearing Board’s final decision, and/or invoice, if any, in writing and issued by the chair of the Hearing Panel presiding Chair of the hearing.
11.4. 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. Amendments
12.1. 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 University Hearing Board in order to determine the real matter in dispute.
13. Power to Review
The University Hearing Board may, upon receipt of new information not available at the time of the hearing, review all or part of its own decision or order, and may confirm, vary, suspend, or cancel the decision or order.
14. Appeals
Students have the right to appeal a decision of the University Hearing Board to an appellate Hearing Panel of the University Hearing Board. Information regarding appeals can be found in Procedure for Policy 1.6 Student Rights & Responsibilities Policy - Appeal - Rules of Procedure.