Student Related: Reappraisal and Academic Appeals
Effective Date: May 13, 1994, Reviewed Spring 2000, Revised June 20, 2007, February 29, 2008, April 25, 2008, Oct 3, 2008
Approved by: Senate
Senate Policy Regarding Academic Appeals
INTRODUCTION
Lakehead University is committed to treating all members of its community in a fair and equitable manner. The Senate Policy Regarding Academic Appeals is intended to ensure that students are treated fairly with regard to academic appeals. A list of basic principles of fairness is presented in Schedule A.
Specifically, the Policy provides students with a means to address their concerns about final course marks and other academic decisions. Students may appeal when they believe that an inappropriate decision was made or that their personal circumstances were not considered. Inappropriate decisions may arise during the process of evaluating course work or in decisions regarding procedures, regulations, requirements or standards of the course of study in which the student is enrolled.
Students are expected to make reasonable efforts to resolve issues beginning with the individuals making the decisions. Nothing herein shall relieve students of their obligation to review and understand any and all regulations, requirements and standards that may apply to their course of study, or to all students at Lakehead University. Accordingly, appeals filed under this policy may be dismissed by the Senate Academic Appeals Committee (SAAC) without hearing if the decision under appeal is consistent with the relevant published regulations, requirements or standards.
The document that follows is organized in two broad sections. The first section (Articles I through IV) describes the stages of appeal leading up to a Hearing by the SAAC. This material begins immediately below under the heading �Initial Stages of Appeal.� The second section (Articles V through XIII) details the procedures and guidelines for conducting SAAC Hearings.
Questions about this Policy should be referred to the Director of Risk Management and Access to Information. In addition, the Ombudsperson may be of assistance in facilitating student appeals.
INITIAL STAGES OF APPEAL
I. DEFINITIONS
"Evaluator" means a course instructor or anyone else who appraises student work on behalf of the University.
"Policy" means the Senate Policy Regarding Academic Appeals.
"Working Day" means any day of the week from Monday to Friday, excluding statutory holidays and any other day that Lakehead University is closed.
II. WHAT MAY BE APPEALED
Students may use the procedures and guidelines set forth in this Policy to appeal:
- Final Course Mark
A Final Course Mark is the grade assigned to a student by the Office of the Registrar in respect of a completed course, project or practicum, including a thesis. Student work that contributes to a Final Course Mark, including essays, tests and exams, may be appealed only as part of an appeal of a Final Course Mark.
- Academic Decisions Other Than a Final Course Mark
Academic Decisions Other than a Final Course Mark are decisions regarding procedures, regulations, requirements or standards of the course of study in which the student is enrolled. Examples include decisions regarding course registration, academic standing and program requirements.
Students may not use the procedures set forth in this Policy to appeal decisions regarding admission or re-admission to Lakehead University.
A student may not appeal both a Final Course Mark and a Decision Other Than a Final Course Mark when both appeals relate to the same issue.
III. HOW TO APPEAL
The articles that follow outline two pathways for appeal. In both cases, important communications from individuals and committees hearing the appeal shall be sent to the student through MyInfo with a hard copy sent to his/her local and permanent address(es) via regular mail.1
(1) Appealing a Final Course Mark
A student who wishes to appeal a Final Course Mark must take the following steps.
Step 1: Discuss the Final Course Mark with the course Evaluator(s).
The student and the course Evaluator(s) may each be accompanied by another individual who may act only as an observer.
The course Evaluator(s) will advise the student of his/her decision within five (5) working days.
Step 2: If the matter is not resolved at Step 1, discuss the Final Course Mark with the course Evaluator's(s') immediate supervisor.
The student and the course Evaluator's(s') immediate supervisor may each be accompanied by another individual who may act only as an observer.
The course Evaluator's(s') immediate supervisor shall participate in discussion with the student and the course Evaluator(s) for the purposes of mediation and resolution prior to a Reappraisal. Within 5 Working Days following the meeting, the supervisor shall provide the student (cc: to the Evaluator(s)) a written communication documenting the fact that discussion as required by Step 2 has occurred. Upon receipt of this letter and failing resolution of the alleged injustice by this level of discussion, the student may proceed to Step 3.
Step 3: If the matter is not resolved at Step 2, the student may request, in writing, a review of the Final Course Mark by the Dean of the Faculty in which the course is offered.
The student's written application must not exceed 2 pages in length. The application must identify the course, the name(s) of the Evaluator(s), and the grounds for the appeal.
Within 5 Working Days of receipt of the written application, the Faculty Dean shall hold a meeting with the student and the Evaluator(s).
If the matter involves a graduate student the Dean of the Faculty of Graduate Studies or delegate shall attend the meeting and may participate in the discussion.
Prior to the meeting, the student and the Evaluator(s) shall be given access to all materials submitted to the Dean as evidence.
The student and the Evaluator(s) may each be accompanied by another individual who may act only as an observer.
If the student (or delegate) fails to attend this meeting without reasonable cause, the appeal shall be deemed to have been abandoned and no further appeal will be permitted.
If at any stage in the appeal process a course Evaluator(s) is unwilling to meet with the student, or refuses to participate in the process, he/she waives the right to be represented at that level.
The Faculty Dean shall participate in discussion with the student for the purposes of mediation and resolution prior to a Reappraisal. Within 5 Working Days following the meeting, the Faculty Dean shall provide the student (cc: to the Evaluator(s)) a written communication documenting the fact that discussion as required by Step 3 has occurred. Upon receipt of this letter and failing resolution of the alleged injustice by this level of discussion, the student may proceed to the Reappraisal.
Step 4: If the matter is not resolved at Step 3, the student may apply for Reappraisal through the Office of the Registrar.
This application must be completed on Form A (Reappraisal) and submitted to the Office of the Registrar no later than March 1 (or the next Working Day) for courses completed in the Fall and no later than October 1 (or the next Working Day) for courses completed in any other term.
An application for Reappraisal will be incomplete unless it includes:
- the applicable administrative fee for each Final Course Mark under appeal;
- a detailed explanation of the applicant's reasons for appealing the Final Course Mark;
- a copy of each document the applicant wishes the Reappraisal Committee to consider; and
- a request for any documents that pertain to the appeal that are not in the student's possession (e.g., exams or assignments not returned).
Requests for Reappraisal will only be considered for up to a maximum of two full-course equivalents per program.
Application for Reappraisal will follow the process set out below.
- Within 5 Working Days of receipt of an application for Reappraisal from the Office of the Registrar, the Dean of the Faculty in which the course is offered shall:
- Provide the course Evaluator(s) with a copy of the complete application and advise the course Evaluator(s) that he or she must file a response outlining his/her position within 5 Working Days, and
- Establish a three person Reappraisal Committee.
In the interests of fairness and impartiality, the Dean shall structure the Reappraisal Committee as follows:
- not more than two members from the Faculty in which the disputed course is offered
- at least one member from another Faculty.
The Dean shall select the Chair of the Reappraisal Committee from those members from another Faculty.
No person who is biased for or against the parties shall serve as a member of the Committee.
- Establish a date on which the Reappraisal Committee will meet with the student and the course Evaluator(s) to reappraise the matter in dispute. The scheduled date of the meeting must be no later than 10 Working Days from the date that the Reappraisal Committee is established.
- Advise, in writing, the student, the course Evaluator(s), and, in the case of a graduate student appeal, the Dean of the Faculty of Graduate Studies, of:
- the date on which the Reappraisal Committee will meet,
- their right to be accompanied at the Reappraisal Committee meeting by another individual, who may act only as an observer,
- the fact that they will be given a full opportunity to present their case to the Reappraisal Committee and to respond to questions posed by the Reappraisal Committee.
- Advise the student that failure to attend the meeting, or to send a delegate, without reasonable cause, will result in the appeal being deemed to have been abandoned with the result that no further appeal will be allowed.
- Upon receipt of the Evaluator's(s') written response, the Dean of the Faculty concerned shall:
- provide a copy of the course Evaluator's(s') response to the student and
- provide the Reappraisal Committee with copies of the student's application and the course Evaluator's(s') response.
- At the meeting of the Reappraisal Committee:
- the Reappraisal Committee may establish procedures at the meeting to assist the Committee in understanding the nature of the issues before it, and to promote the efficiency of the process.
- one member of the Reappraisal Committee shall be designated to record notes of the meeting;
- the student and course Evaluator(s) shall be given a full opportunity to present their cases and to answer questions from the Reappraisal Committee.
- Within 5 Working Days of the meeting of the Reappraisal Committee, the Chair of the Reappraisal Committee shall forward a written report of the decision of the Reappraisal Committee to the Dean of the Faculty concerned, the Registrar, the course Evaluator(s), and, in the case of a graduate student appeal, the Dean of the Faculty of Graduate Studies.
(e) The Office of the Registrar shall advise the student of the decision of the Reappraisal Committee, in writing. The student shall be advised through MyInfo with a hard copy sent to his/her local and permanent address(es) via regular mail.2
If the decision of the Reappraisal Committee is that the mark be changed, the new mark, whether higher or lower than the original, will replace the original mark as the student's official mark for the course. The fee will be refunded only if the mark is raised.
For courses that require the course or work in dispute as a pre-requisite, the student shall be permitted to attend such courses until the decision of the Reappraisal Committee is communicated to him/her by the Office of the Registrar. Except in the case of further appeal, the student will be instructed by the Registrar to register in or withdraw from (and no longer attend) the courses concerned.
Step 5: If the matter is not resolved at Step 4, the student may apply for a hearing of the Senate Academic Appeals Committee (SAAC).3
An application for a hearing by the SAAC must be made on Form B to the Director of Risk Management and Access to Information within 20 Working Days of the release of the decision issued under Step 4.
An appeal to the SAAC will not be processed unless a decision has been rendered at Step 4.
A decision of the SAAC is final and binding upon all parties.
(2) Appealing an Academic Decision Other than a Final Course Mark
A student who wishes to appeal an Academic Decision other than a Final Course Mark must take the following steps within 20 working days of the release of the decision being appealed.
Step 1: Discuss the matter with the original decision-maker.
The student and the decision-maker may each be accompanied by another individual who may act only as an observer.
The decision-maker shall advise the student of his/her decision within five (5) working days.
Step 2: If the matter is not resolved at Step 1, discuss the matter with the decision-maker's immediate supervisor.
The student and the immediate supervisor may each be accompanied by another individual who may act only as an observer.
The decision-maker's immediate supervisor shall participate in discussion with the student and the decision-maker for the purposes of mediation and resolution prior to Review of the Academic Decision at Step 3. Within 5 Working Days following the meeting, the supervisor shall provide the student (cc: to the decision-maker) a written communication documenting the fact that discussion as required by Step 2 has occurred. Upon receipt of this letter and failing resolution of the alledged injustice by this level of discussion, the student may proceed to Step 3.
Step 3: (a) The decision-maker is a course instructor:
If the matter is not resolved at Step 2, the student may request in writing a review of the decision by the Dean of the student's home Faculty.
The student's written application must not exceed 2 pages in length. The application must outline the grounds for the appeal and the name of the person or committee whose decision is being appealed.
Within 5 Working Days of receipt of the written application, the Faculty Dean shall hold a meeting with the student and the original decision-maker.
If the matter involves a graduate student the Dean of the Faculty of Graduate Studies or delegate shall attend the meeting and may participate in the discussion.
Prior to the meeting, the student and the decision-maker shall be given access to all materials received as evidence.
The student and the decision-maker may each be accompanied by another individual who may act only as an observer.
If the student (or delegate) fails to attend this meeting without reasonable cause, the appeal shall be deemed to have been abandoned and no further appeal shall be permitted.
If at any stage in the appeal process, an Academic Decision-maker is unwilling to meet with the student, or refuses to participate in the process, he/she waives the right to be represented at that level.
The Faculty Dean shall participate in discussion with the student and the original decision-maker for the purposes of mediation and resolution prior to an appeal. Within 5 Working Days following the meeting, the supervisor shall provide the student (cc: to the decision-maker) a written communication documenting the fact that discussion as required by Step 3 has occurred. Upon receipt of this letter and failing resolution of the alleged injustice by this level of discussion, the student may proceed to appeal to the SAAC.
- The decision-maker is other than a course instructor
If the matter is not resolved at Step 2, the student may request in writing a review of the decision by the Vice-Provost (Student Affairs)
The student's written application must not exceed 2 pages in length. The application must outline the grounds for the appeal and the name of the person or committee whose decision is being appealed.
Within 5 Working Days of receipt of the written application, the Vice-Provost (Student Affairs) shall hold a meeting with the student and the original decision-maker.
If the matter involves a graduate student the Dean of the Faculty of Graduate Studies or delegate shall attend the meeting and may participate in the discussion.
Prior to the meeting, the student and the decision-maker shall be given access to all materials received as evidence.
The student and the decision-maker may be accompanied by another individual who may act only as observers.
If the student (or delegate) fails to attend this meeting without reasonable cause, the appeal shall be deemed to have been abandoned and no further appeal shall be permitted.
If at any stage in the appeal process, an Academic Decision-maker is unwilling to meet with the student, or refuses to participate in the process, he/she waives the right to be represented at that level.
The Vice-Provost (Student Affairs) shall participate in discussion with the student and the original decision-maker for the purposes of mediation and resolution prior to an appeal. Within 5 Working Days following the meeting, the Vice-Provost (Student Affairs) shall provide the student (cc: to the decision-maker) a written communication documenting the fact that discussion as required by Step 3 has occurred. Upon receipt of this letter and failing resolution of the alleged injustice by this level of discussion, the student may proceed to appeal to the SAAC
If the student is appealing the decision of a Faculty Dean, or others who report directly to the Vice President (Academic) and Provost, then the student may request a Review by the Vice-President (Academic) and Provost.
In some Faculties, decisions such as those regarding academic standing are made by Department Chairs but communicated to students over the signature of the Faculty Dean. Such cases may not be appealed to the Vice President (Academic) and Provost.
A Review by the Vice President (Academic) and Provost shall follow the same procedures and timelines laid out in Step 3(a) above.
Step 4: If the matter is not resolved at Step 3, the student may apply for a hearing of the Senate Academic Appeals Committee (SAAC).4
An application for a hearing by the SAAC must be made on Form B to the Director of Risk Management and Access to Information within 20 Working Days of the release of the written communication at Step 3.
A decision of the SAAC is final and binding upon all parties.
IV. TIME LIMITS
Students who wish to initiate the Reappraisal of a Final Course Mark must request a Reappraisal no later than March 1 (or the next Working Day) for courses completed in the Fall and no later than October 1 (or the next Working Day) for courses completed in any other term as outlined under Article III (1), Step 4.
Students who wish to challenge an Academic Decision Other than Final Course Mark must initiate the appeal process by meeting with the original decision-maker within 20 Working Days of the release of the decision.
If at any stage in the appeal process, a course Evaluator(s) or other Academic Decision-maker is unwilling to meet with the student, or refuses to participate in the process, he/she waives the right to be represented.
An application that is outside the established time limits must include written reasons for the delay.
PROCEDURAL GUIDELINES FOR SENATE ACADEMIC APPEAL HEARINGS
Procedures to be used by the SAAC in conducting Hearings require that the principles of natural justice are observed. These principles are summarized in Schedule A.
The quorum for Hearings shall be five (5) voting members of the Committee.
The specific individuals constituting the Committee for an appeal shall remain the same for the duration of any appeal.
The SAAC has the authority to establish and revise its own procedures to promote the purposes of the appeal policy and the efficiency of hearings, provided that none of these procedures conflicts with the SAAC's terms of reference or the principles outlined in this Policy.
V. INITIATING THE APPEAL
- Appeal to the SAAC may be made only after a decision has been reached at the immediately preceding level of appeal and communicated to the student through his/her confidential Lakehead portal account with a hard copy sent to his/her local and permanent address(es) via regular mail.
- Appeal to the SAAC must be made within 20 Working Days of receipt of the decision at the previous level. The application form (Form B) for appeals to the SAAC is available from the Office of the Director of Risk Management and Access to Information. If application to the SAAC is incomplete or is not made within this 20 Working Day period, in the absence of reasonable cause (see Schedule B) the decision of the relevant lower level of appeal (see SAAC Procedures, Article III) is final and binding and no further appeals shall be considered.
- Appeals to the SAAC will be permitted only on the grounds of one or more of the following:
(a) evidence of a factual or procedural irregularity in the consideration of the appeal at a previous level substantial enough to have affected the results of the deliberations at that level;
(b) evidence that one or more of the rules of Natural Justice (see Schedule A below) have been violated at a previous level of appeal;
(c) new evidence which may be, on a reasonable interpretation, material to resolution of the appeal (see Article IX below);
(d) evidence that a decision reached at a previous level of appeal is unreasonable.
- An appeal to the SAAC shall not be considered unless Form B has been accurately and fully completed, so that it includes the following information:
(a) confirmation that all lower levels of appeal have been completed;
(b) the specific decision which is being appealed, including the text of that decision;
(c) the form of the redress requested;
(d) the specific grounds on which the appeal is made, including the text of the relevant procedural regulations (if any) allegedly violated or otherwise deemed applicable to the case; and
(e) reasoned argument in support of the grounds being claimed for the appeal and a summary of the evidence which the student is prepared to offer in support of these grounds.
- Upon written request, a party desiring to submit an appeal shall be given, without charge, copies of all Lakehead University documents which may support the summary of evidence presented in 4 (e) above, with the exception of those documents which Lakehead University is not authorized or empowered to make available.
- The Chair of the SAAC shall, within 5 Working Days of receipt of the application for a Hearing, notify the student in writing that the application has been received and that the SAAC will determine at a pre-Hearing the merit of the application. The student shall be advised through MyInfo with a hard copy sent to his/her local and permanent address(es) via regular mail.5 The SAAC shall also notify the Evaluator(s)/decision-maker that an appeal application has been received.
- The SAAC shall determine at a pre-Hearing whether or not it has jurisdiction to hear the appeal. The pre-Hearing must be held by the SAAC within 7 Working Days of the receipt of the application for an appeal.
- If the SAAC finds that it does have jurisdiction to hear the appeal, at the same pre-Hearing the SAAC shall determine the procedure to be followed in hearing the appeal. A "Formal Hearing" will only be permitted in those cases involving an alleged breach of academic honesty where credibility is an issue. A "Hearing" (in which the case is decided on the basis of written submissions which may be clarified by oral submissions) will apply in all other cases.
- Within 5 Working Days following the pre-Hearing the Chair of the SAAC shall notify the student in writing of the decision with reasons regarding the subject matter of the appeal. The student shall be advised through MyInfo with a hard copy sent to his/her local and permanent address(es) via regular mail. 6
- If the SAAC finds that it does not have jurisdiction to hear the appeal. the student shall be so advised together with the reasons for such finding.
- If the SAAC finds that it does have jurisdiction to hear the appeal, the student shall be advised that a Hearing/Formal Hearing will be held.
- Pursuant to 9(b) the Chair of the SAAC shall schedule a Hearing/Formal Hearing of the case at a location, date and time as soon as convenient to the Committee and the parties involved in the dispute.
- Each party to the Hearing/Formal Hearing shall receive from the Chair of the SAAC confirmation of the agreed upon location, date and time of the Hearing. The student shall be advised through MyInfo with a hard copy sent to his/her local and permanent address(es) via regular mail.7
- The Evaluator(s)/decision-maker shall file documentation and written argument in support of the decision being appealed. This information must be received by the Chair of the SAAC no later than 5 Working Days prior to the scheduled Hearing/Formal Hearing. The Chair of the SAAC shall immediately provide the student with a copy of any documentation and written argument so filed.
- The appellant shall be permitted to submit a written rebuttal to the documentation provided under Article V(12). Such rebuttal shall address only those matters not raised in the appellant's original submission to the SAAC.
- The SAAC has the right of access to, and copies of, all documents that were considered at the previous appeal level.
VI. PROCEDURES AT HEARINGS
Hearings/Formal Hearings shall be closed (i.e., conducted in camera).
The SAAC may proceed with the Hearing/Formal Hearing in the absence of either of the parties involved or if there is delay in the proceedings without reasonable cause (see Schedule B).
Notes of the proceedings of the Hearing/Formal Hearing shall be taken by the Director of Risk Management and Access to Information.
A fundamental principle of natural justice is that each party be afforded the right to represent his/her case.
(1) The order of proceedings during a Hearing is:
- Introduction of SAAC members, recital of the redress being sought and the decision being appealed, and summary review of documentation provided by both the appellant and the respondent(s).
- Either party to the appeal requesting to appear in person or with a representative before the SAAC must so notify the Chair of the SAAC within 2 Working Days of receipt of confirmation of the date of the Hearing. Where the parties do so appear at the Hearing they may present oral clarification in addition to the written submissions that were previously filed. Such oral presentation shall address only those matters raised in the parties' written submissions previously filed.
(c) Where neither party has requested to appear, or where a party has failed to appear, the SAAC shall proceed to consider the appeal on its merits.
(d) The SAAC shall hear and determine each case on the basis of the documentation and written argument submitted and, where one or both parties appear in person or with a representative, on the basis of oral clarification at the Hearing.
(e) When present at the Hearing the appellant and respondent should be prepared to answer all questions put to them by the SAAC that are required for clarification or explanation of any point raised in their submissions.
2. The order of proceedings during a Formal Hearing is:
(a) Introduction of SAAC members, recital of the redress being sought and the decision being appealed, and summary review of documentation provided by both the appellant and the respondent(s
(b) Opening statements by the Appellant (student) or his/her representative to establish the grounds for the appeal (If at any point during the Hearing the Appellant seeks to introduce new written or oral evidence, the procedures in Article IX below shall be followed.)
(c) Opening statements by the Respondent (Evaluator(s)/decision-maker) or his/her representative. (If at any point during the Hearing the Respondent seeks to introduce new written or oral evidence, the procedures in Article IX below shall be followed.)
(d) Examination of the Appellant (student) or representative by the SAAC to clarify any points raised by his/her opening statement.
(e) Calling of witness(es), if any, by the Appellant (student), cross-examination, re-examination and examination of witness(es) by the SAAC to clarify any point raised in the evidence.
(f) Examination of the Respondent (Evaluator(s)/decision-maker) or representative by the SAAC to clarify any points raised by his/her statement.
(g) Calling of witness(es), if any, by the Respondent (Evaluator(s)/decision-maker), cross-examination, re-examination and examination of witness(es) by the SAAC to clarify any point raised in the evidence.
(h) Reply evidence, if any, on behalf of Appellant (student), including calling of witnesses by the student, cross-examination, re-examination and examination of witnesses by the SAAC to clarify any point raised in their evidence. Such evidence in reply shall only be for the purpose of contradicting or qualifying new facts or issues raised in the Respondent's (evaluator(s)/decision-maker'
(i) Summary remarks by the Appellant (student).
(j) Summary remarks by the Respondent (evaluator(s)/decision-maker).
(k) Reply, if any, by the Appellant (student) to summary remarks by the Respondent (evaluator(s)/decision-maker).
VII. REPRESENTATION
- Parties to the appeal have the right to be represented at a Formal Hearing by another person, who may be legal counsel.
- The SAAC may request legal counsel and have such counsel present during a Formal Hearing.
VIII. EVIDENCE
(1) Parties to the appeal have the right to present evidence, oral or written, in support of their case and to see any written evidence presented to the SAAC.
(2) The SAAC has the right to require the production of written evidence by the parties or from other sources.
(3) The SAAC has the power to rule on the admissibility of evidence. When the admissibility of evidence becomes an issue, the Chair shall invite submissions from both parties as to whether the evidence in question should be presented. After hearing the submission the Committee shall rule on whether to admit or exclude the evidence.
(4) Parties to an appeal are required to produce adequate documentation in support of their positions.
(5) Hearsay evidence is not admissible.
IX. NEW EVIDENCE
If the student becomes aware of new evidence that could not reasonably have been discovered at the time the appeal was launched, then he/she may be entitled to present such evidence to the SAAC.
The student is expected to provide sufficient detail of the circumstances under which new evidence was obtained. Where possible, the evidence should be submitted in writing to the Director of Risk Management and Access to Information.
New evidence may be introduced either before or after the SAAC has released its final decision as follows:
(a) BEFORE the SAAC has released its final decision new evidence may be presented
- prior to the Hearing
- at the Hearing, or
- following the Hearing but before the SAAC's final decision has been released.
(b) AFTER the SAAC has released its final decision, new evidence may be presented within 30 working days of the release of that decision.
X. WITNESSES (APPLICABLE IN FORMAL HEARINGS ONLY)
(1) Parties to the appeal have the right to call and examine witnesses.
(2) Parties to the appeal are responsible for producing their own witnesses and for the costs incurred.
(3) The SAAC has the power to compel a witness from within Lakehead University (employee or student) to attend a Formal Hearing and parties may request the Chair's assistance in this regard.
(4) Witnesses are present in the Formal Hearing only during the time they are testifying.
(5) If, after receipt of the initial application, a party requires additional witnesses, the party must inform the SAAC and the other party before the appearance of additional witnesses will be allowed.
XI. ADJOURNMENTS
(1) The Chair must entertain requests for adjournment from either party.
(2) The party requesting the adjournment must state his/her reasons. If the parties agree to the adjournment, the Chair may rule to adjourn.
(3) If the parties fail to agree to the adjournment, the Chair of SAAC shall rule whether or not the adjournment is granted and on what terms.
(4) If the Hearing must be adjourned, then the parties must agree, at that time, on a date for the resumption of the Hearing.
(5) The Chair has the right to call for adjournment when warranted.
XII. DELIBERATIONS FOLLOWING A HEARING
(1) Following the Hearing the SAAC shall deliberate in camera to reach a final decision.
(2) The SAAC shall within 5 Working Days provide a written report to the President and the parties involved which will contain the following information:
- membership of the SAAC;
- background information regarding the appeal;
- the summary of the case;
- the findings of the case;
- the final decision and reasons for the decision;
- recommendations and/or policy changes.
The student shall be advised through MyInfo with a hard copy sent to his/her local and permanent address(es) via regular mail.8
(3) The President shall implement the decision of the SAAC relative to the appeal and may choose to make recommendations for policy and procedural changes arising from the disposition of the case.
(4) The decision in the case is final and binding on the parties involved within the University.
The Secretary of Senate shall be informed of recommendations for policy and procedural changes and shall forward them to the responsible University authorities.
The SAAC reserves the right to retain a detailed written copy of the appeal. This information shall be maintained by the Director of Risk Management and Access to Information and if required shall be made available to the President, the Chair of the SAAC, and, under the supervision of the Director of Risk Management and Access to Information, the student or Evaluator(s)/decision-maker in the dispute.
XIII. BIAS AND THE APPEARANCE OF NATURAL JUSTICE
The issue of impartiality of the SAAC is considered crucial. Therefore, a member of the Committee will be excluded from the Hearings when:
(1) that member has any emotional or financial interest in the outcome of the Hearing;
(2) that member has any affiliation with either party of such a nature or proximity as to give the appearance of partiality or bias;
(3) that member has been privy to information about the case obtained other than through the presentation of evidence at the Hearing or in documents filed by the parties.
Should a Committee member discover that he or she is in one of the positions described above, the member should inform the Chair and not be present at the Hearings or in the deliberations.
SCHEDULE A
1. The student has the right to be aware of both the issues raised, and where and when he/she may present his/her side of the case.
2. The student has the right to be provided with full information concerning evidence or allegations to be used against him/her.
3. The student has the right to be heard by a tribunal free of bias.
4. The student has the right to reply to evidence or allegations against him/her.
5. The student has the right to an adjournment provided he/she shows good reason for the request and provided the adjournment is necessary to allow a reasonable opportunity to answer the case against him/her.
6. The student has the right to rebut opposing evidence and to correct or contradict prejudicial statements.
7. A record of proceedings must be kept.
8. The student has the right to be provided with a record or at least a summary of the evidence in the proceedings if there is a further right of appeal.
9. The tribunal has the duty to fairly listen to both sides, and to reach a decision untainted by bias.
10. The student must be provided with reasons for any decision or recommendation that the tribunal makes.
SCHEDULE B
Reasonable cause for delay of proceedings may be found by a decision maker to exist if the delay resulted from established incidents involving illness, accident, serious family problems, or other circumstances which are beyond the control of the student or faculty member and which, in the opinion of the decision maker, are a substantial contributing factor to the delay.
Form A
FORM A PDF DOWNLOAD
FORM A
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REQUEST FOR REAPPRAISAL OF A FINAL COURSE MARK
OFFICE OF THE REGISTRAR |
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Surname Given Name Student Number LOCAL ADDRESS will be used during the current Academic Session. HOME ADDRESS will be used after the current Academic Session. |
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REAPPRAISAL: Please refer to University Regulation VI in the Lakehead University Calendar and to the Senate Policy Regarding Academic Appeals at http://policies.lakeheadu.ca/policy.php?pid=116 |
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Course Number |
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Instructor�s(s�) Name(s) |
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I make application to request the reappraisal of a final course mark. REASON:
Today's Date Signature of Student |
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FOR FINANCE OFFICE USE ONLY FEE: $35.00 (per course) |
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Receipt No. Amount $ Date of Receipt: |
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IT IS THE STUDENT'S RESPONSIBILITY TO RETURN THE COMPLETED APPLICATION TO THE OFFICE OF THE REGISTRAR. DATE RECEIVED By Scheduling & Examination Office: |
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DATE RECEIVED By office of the Dean of the Faculty: |
Personal information on this form is collected pursuant to section 14 of the Lakehead University Act and will be used to process a request for reappraisal of a final course mark. Any questions on this collection should be directed to: Registrar,
Form B
LAKEHEAD UNIVERSITY
APPLICATION FOR A HEARING
BEFORE THE SENATE ACADEMIC APPEALS COMMITTEE
FORM B PDF DOWNLOAD
PLEASE PRINT
For assistance in completing this form, please consult the Director of Risk Management and Access to Information or the Ombudsperson.
Name
Student I.D. Number
Local Address
Telephone Number
Permanent Address
Telephone Number
(1) I confirm that I have completed all previous Levels of Appeal.
Signature ______________________________
Date ______________________________
(2) Please check below the category of decision being appealed.
[ ] Final Course Mark
[ ] Academic Decision Other Than a Final Course Mark
- Please copy here, or attach to this form, the text of the decision you are appealing
- Please identify the Person or Committee whose decision or ruling is being appealed:
______________________________
- Please state briefly the form of redress that you are seeking through your appeal:
- Please check below the appropriate grounds for your appeal (may be one or more):
[ ] evidence of a factual error or procedural irregularity in the consideration of the appeal at a previous level of appeal;
[ ] evidence that one or more of the rules of Natural Justice (see Schedule A to the Senate Policy Regarding Academic Appeals) has been violated at a previous level of appeal;
[ ] new evidence which may be, on a reasonable interpretation, material to resolution of the appeal (see Article IX of the Senate Policy Regarding Academic Appeals);
[ ] evidence that a decision reached at a previous level of appeal is unreasonable.
- Please provide a brief, reasoned argument in support of each of the grounds that you are claiming for your appeal.
- Please summarize the evidence which you are prepared to offer in support of your grounds for appeal. You may attach any documents that you feel would support your appeal.
(Note: You have the right to be accompanied at the hearing by a person of your choosing who may act only as an observer.)
In the case of a Formal Hearing only:
Do you intend to call witnesses? Yes / No
If yes, please provide below the names of these witnesses.
If you will be represented by another person, please provide the following related to that person:
Name:
Address:
Telephone Number:
RETURN completed form to:
Chair, Senate Academic Appeal Committee
c/o Director of Risk Management and Access to Information
ATAC 4010
Lakehead University
THUNDER BAY, ON P7B 5E1