JA – Form 8a
University of Windsor
Bylaw 31: Student Affairs and Integrity
FORM FOR THE STUDENT
Request for Appeal of Sanction of the
Vice-Provost, Student Affairs and Dean of Students
Name of student: Click here to enter text.
Student ID number: Click here to enter text.
Specify the misconduct: Click here to enter text.
Date of the act of misconduct: Click here to enter text.
Specify the sanction imposed (include any timelines and/or restrictions): Click here to enter text.
I, Click here to enter text., am requesting an appeal of the sanction imposed by the Vice-Provost, Student Affairs
and Dean of Students in the matter of misconduct noted above, to which I freely confessed.
Provide specific arguments in support of your appeal of the sanction imposed: Click here to enter text.
Signature of Student
Name (Print): Click here to enter text.
Date: Click here to enter a date.
This report is to be submitted to the Senate Secretariat.
University Secretariat (Senate Secretariat)
Room 213, Assumption Hall
University of Windsor
Windsor, Ontario N9B 3P4
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Bylaw 31 Excerpts:
3.3.3
Appeals
3.3.3.1
A decision and/or penalty imposed by an Associate Dean, the Vice-Provost, Student Affairs and Dean of
Students, or the AAU Head of a professional program in matters described in 3.2.4 and 3.2.5 may be
appealed to the Discipline Appeal Committee (see 3.1, and 3.2). A student requesting an appeal must
submit a written notice outlining the grounds for appeal to the Senate Secretariat within twenty-one
calendar days from the day the report containing the decision was sent by courier or special delivery. The
Senate Secretariat shall forward the request and the complete case file to the Discipline Appeal Committee
who shall then follow the applicable procedures outlined in paragraph 3.3.3.2.
3.3.3.2
A decision and/or penalty imposed (see 2.4) by a Judicial Panel (per 3.3.2) may be appealed to the
Discipline Appeal Committee. The student or the complainant may request an appeal by submitting a
written notice outlining the grounds for appeal to the Senate Secretariat within twenty-one calendar days
from the day the report containing the decision was sent by courier or special delivery. The Senate
Secretariat shall forward the request along with the complete case file to Discipline Appeal Committee
which, in all cases except those in 3.3.3.2.3, shall then determine whether an appeal should be granted.
3.3.3.2.1 The appellant shall be informed of the decision of the Discipline Appeal Committee to grant the
appeal within fourteen calendar days of having submitted his/her request.
3.3.3.2.2 Where an appeal is granted, the procedures outlined in paragraphs 3.3.4 and 3.4 shall be
followed.
3.3.3.2.3 A student who, upon a finding of misconduct, has been denied access to the campus,
suspended or expelled by the Judicial Panel has an automatic right of appeal to the Discipline
Appeal Committee.
3.3.3.2.4 An appeal to the Discipline Appeal Committee shall operate as a stay of the execution of the
decision of a Judicial Panel, except where a Judicial Panel or the Discipline Appeal Committee
otherwise orders.
3.3.4
Discipline Appeal Committee
3.3.4.1
There shall be a Discipline Appeal Committee whose membership shall be approved by the Senate
Governance Committee. The Discipline Appeal Committee shall have final and binding jurisdiction over
appeals of decisions of an Associate Dean, the Vice-Provost, Student Affairs and Dean of Students, an AAU
Head of a professional program in matters described in 3.2.4 and 3.2.5, a Judicial Panel, a Judicial Board
of the Residences, and decisions of other tribunals as outlined in Senate and other bylaws, policies and
procedures.
3.3.4.2
The Discipline Appeal Committee shall be composed of two faculty members, appointed for a two-year
term (one of whom shall be appointed as chair), and one student, appointed for a one-year term. Two
faculty member alternates shall also be appointed by the Senate Governance Committee for a two-year
term. The student appointed to the Discipline Appeal Committee and two student alternates shall be
selected by the Senate Governance Committee from a list of nominees submitted annually by the
University of Windsor Students' Alliance, the Graduate Students' Society and the Organization of Part Time
University Students. The President of the University may appoint a replacement for a member of the
Discipline Appeal Committee or pool of alternates, where the individual is unable to serve, or in other
extenuating circumstances, bearing in mind the constituency represented by that member.
3.3.4.3
A quorum of the Discipline Appeal Committee shall be its full membership.
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3.3.4.4
Hearings of the Discipline Appeal Committee should, wherever possible, commence within sixty calendar
days of notification under paragraph 3.3.3.2, but in any case must be commenced within ninety calendar
days of notification under said paragraph.
3.3.4.5
In conducting hearings, the Discipline Appeal Committee shall have both original and appellate jurisdiction.
3.3.4.6
Within fourteen calendar days of the hearing, the Chair of the Discipline Appeal Committee shall inform
the parties to the hearing in writing, with a copy to the Senate Secretariat, of the finding(s) of the Discipline
Appeal Committee’s and the sanction(s), if any, to be imposed.
3.3.4.6.1 If requested by the student or the complainant, written reasons for the decision shall be
provided by the Discipline Appeal Committee.
3.3.4.7
The Discipline Appeal Committee shall have the power to waive or extend deadlines when the interests of
justice warrant or where no substantial prejudice would result.
3.4
Conduct of Hearings
[This applies to hearings of a Judicial Panel, and the Discipline Appeal Committee.]
3.4.1
The parties shall be given at least seven calendar days’ written notice of the hearing unless this right is
waived. The notice shall be deemed to have been received by the parties three working days after it has
been sent. The notice of the hearing shall be sent by expedited mail or couriered delivery and by electronic
mail to the student’s last known mailing and email addresses as recorded in the Student Information
System.
3.4.2
The parties shall have the right to have an advisor or counsel present at a hearing.
3.4.3
The student and complainant shall have the right to present evidence in support of their cases and both
shall each have the right to full disclosure of any evidence submitted prior to, or during the hearing.
Evidence submitted in support of the student’s or the complainant’s case shall be submitted to the Senate
Secretariat seven calendar days prior to the hearing. The Senate Secretariat shall distribute, to the parties
involved in the hearing, copies of all the evidence submitted. The student and the complainant shall also
have the right to call witnesses and, with the permission of the Chair of the Judicial Panel or the Discipline
Appeal Committee and where the interests of justice warrant it, to present additional documentary
evidence at the hearing. The individual presenting the additional evidence shall provide copies of this
additional documentary evidence to the Judicial Panel or the Discipline Appeal Committee, as the case
may be, and the other party at the hearing, and shall file a copy with the Senate Secretariat.
3.4.4
The Judicial Panel and the Discipline Appeal Committee shall have control over their own procedures, and
may set appropriate additional procedures, as needed, in compliance with the procedures specified in this
bylaw:
3.4.4.1
The Judicial Panel, or the Discipline Appeal Committee may grant a recess or adjournment, if requested,
to provide the student or the complainant the opportunity to review additional documentary evidence
submitted at the hearing. The Judicial Panel or the Discipline Appeal Committee may also grant a recess
or adjournment at any time to ensure a fair hearing.
3.4.4.2
Any party to the proceedings before the Judicial Panel, or the Discipline Appeal Committee when
exercising its original jurisdiction, may call witnesses and cross-examine witnesses called by another party.
Parties are responsible for producing their own witnesses and paying for any costs associated with their
appearance. The Chair of the Judicial Panel and the Chair of the Discipline Appeal Committee may limit
the number of witnesses or amount of cross-examination where further evidence or cross-examination
shall be repetitive or irrelevant.
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3.4.4.3
The Judicial Panel and the Discipline Appeal Committee, through their respective Chairs, may address
questions to any witness in the pursuit of clarification or fairness, and may call their own witnesses.
3.4.4.4
Witnesses, other than the student, the complainant and their advisors, shall not be permitted to attend
the hearing, until after they have testified and responded to questions.
3.4.4.5
The Judicial Panel and the Discipline Appeal Committee may request the submission of additional
information.
3.4.4.6
The Judicial Panel and the Discipline Appeal Committee shall only admit evidence and testimony provided
through the procedures outlined in 3.4.3, and 3.4.4.2-3.4.4.5.
The Judicial Panel and the Discipline Appeal Committee are not bound by the laws of evidence applicable
to judicial proceedings but shall be guided by the principles of fairness and justice.
3.4.4.7
3.4.4.8
Where there are two or more proceedings involving the same matter, or similar questions of fact or policy,
being adjudicated at the same time, the Judicial Panel or the Discipline Appeal Committee may combine
all or part of the proceedings, run the proceedings concurrently, or run the proceedings consecutively.
3.4.4.9
All hearings shall be audio-taped and shall provide an accurate record of the proceedings. Any party to the
hearing may request a copy of the tape. Audio-tapes shall be kept, in confidence, in the Senate Secretariat,
and shall be destroyed upon the removal of the transcript notation (per 2.4.6-2.4.7), upon the student’s
graduation from the program in which s/he was enrolled at the time of the misconduct, or seven years
after the student last attended the University, whichever comes last, provided that the audio-tapes have
been kept for a minimum of one year beyond their last use. Costs involved in the copying of tapes and
any transcription shall be borne by the party requesting a copy or transcription of a tape.
3.4.6
Standing at Hearings
3.4.6.1
The following persons shall have standing to make representations before a Judicial Panel and the
Discipline Appeal Committee:
3.4.6.1.1 The student charged with misconduct and/or his/her counsel or agent; and
3.4.6.1.2 The complainant and/or his/her counsel or agent.
3.4.7
Order of Procedures When Exercising Original Jurisdiction
The following order of procedures shall be followed in proceedings before a Judicial Panel or a Discipline
Appeal Committee when exercising original jurisdiction:
3.4.7.1
for cases involving allegations of breaches of the rules of conduct as set out by a professional bodies and
adopted in substance by the relevant professional program as part of its code of conduct in the program,
the AAU Head of the program in which the student is registered shall be accorded the opportunity to make
representations before the Judicial Panel regarding the rules of conduct set out by the relevant
professional body and the implementation of those rules within the professional program.
3.4.7.2
opening statements from the complainant and/or his/her counsel or agent
3.4.7.3
opening statements from the student and/or his/her counsel or agent
3.4.7.4
evidence from the complainant and/or his/her counsel or agent
3.4.7.5
cross-examination of witnesses by student and/or his/her counsel or agent
3.4.7.6
evidence from the student and/or his/her counsel or agent
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3.4.7.7
cross-examination of witnesses by complainant and/or his/her counsel or agent
3.4.7.8
closing statements from the complainant and/or his/her counsel or agent
3.4.7.9
closing statements from the student and/or his/her counsel or agent
3.4.8
Order of Procedures When Exercising Appellate Jurisdiction
The following order of procedures shall be followed in proceedings before a Discipline Appeal Committee
when exercising appellate jurisdiction:
3.4.8.1
for cases involving allegations of breaches of the rules of conduct as set out by a professional bodies and
adopted in substance by the relevant professional program as part of its code of conduct in the program,
the AAU Head of the program in which the student is registered shall be accorded the opportunity to make
representations before the Discipline Appeal Committee regarding the rules of conduct set out by the
relevant professional body and the implementation of those rules within the professional program.
3.4.8.2
opening statements from the appellant and/or his/her counsel or agent
3.4.8.3
opening statements from the respondent and/or his/her counsel or agent
3.4.8.4
presentation of argument from the appellant and/or his/her counsel or agent
3.4.8.5
presentation of argument from the respondent and/or his/her counsel or agent
3.4.8.6
closing statements from the appellant and/or his/her counsel or agent
3.4.8.7
closing statements from the respondent and/or his/her counsel or agent
3.4.9
Closed/Open Hearings
3.4.9.1
The hearings of the Judicial Panel and the Discipline Appeal Committee shall be open to the public
except where;
i. the student requests that the proceeding not be public, or
ii. the Judicial Panel or Discipline Appeal Committee rules, on its own motion or on request, by majority
vote, that avoiding public disclosure of all or part of the proceeding is in the interests of any person
that may be adversely affected,
in which case the Judicial Panel or Discipline Appeal Committee shall hold all or part of the proceedings
in the absence of the public.
3.4.9.2
If the Judicial Panel or Discipline Appeal Committee hearing is open to the public, members of the public
who are present may not record, participate in, or in any way disrupt, the proceedings.
3.4.9.3
If the Judicial Panel or Discipline Appeal Committee hearing is closed to the public, at the discretion of
the Chair, others may be permitted to attend the proceedings for training purposes, or other reasonable
considerations. The obligation to maintain the confidentiality of the proceedings will be extended to
them.
3.4.10
The Chairs of the Judicial Panel and the Discipline Appeal Committee shall be entitled to participate in all
proceedings of the Judicial Panel and the Discipline Appeal Committee, respectively, and shall have the
same voting rights as all other voting members of the Panel or Committee.
3.4.11
The decision of a majority of the Judicial Panel or the Discipline Appeal Committee shall be the decision of
the Judicial Panel or the Discipline Appeal Committee, as the case may be, except when imposing a
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sanction of exclusion from campus, suspension, or expulsion, where a unanimous vote of the Judicial Panel
or the Discipline Appeal Committee is required.
3.4.12
If a party, who has been notified of a hearing date, is absent without contacting the Chair of the Judicial
Panel or the Chair of the Discipline Appeal Committee, as the case may be, with a satisfactory explanation,
the Hearing may proceed in his/her absence.
3.4.13
No disciplinary penalties shall be imposed, based solely upon the failure of the student charged with
misconduct to answer the allegations within the complaint, or appear at the hearing, or testify. In any
such case, the evidence in support of the complaint shall be presented and considered.
3.4.14
When determining the sanction to be imposed, a Judicial Panel or a Discipline Appeal Committee may
consider whether the act of misconduct constitutes a first or subsequent offence. In instances where there
is a record of a previous offence (or offences), the offender may be subject to stricter penalties.
3.4.15
In all cases, the burden of proof shall lie with the complainant (or appellant, in the case of an appeal). The
finding of a Judicial Panel, or the Discipline Appeal Committee when exercising original jurisdiction, as the
case may be, shall be based on the review of the evidence (oral or written) and arguments presented. The
determination shall be based on whether a Judicial Panel or the Discipline Appeal Committee, as the case
may be, finds that the elements of the allegations have been sufficiently proven and that it is more likely
than not (balance of probabilities) that the student has committed an act of misconduct. In the case of the
Discipline Appeal Committee exercising appellate jurisdiction, the determination of whether an appeal
shall be successful shall be based upon whether the Discipline Appeal Committee finds in favour of the
arguments of the appellant.
3.4.16
Any procedural requirement in this bylaw may be waived by the written consent of the student, the
complainant, and the Chair of the Judicial Panel or the Chair of the Discipline Appeal Committee, as the
case may be. The Chair of the Judicial Panel or the Chair of the Discipline Appeal Committee, as the case
may be, shall provide a copy of the agreement to the Senate Secretariat with the submission of the final
decision per 3.3.2.9 or 3.3.4.6, as the case may be.
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