CONSIDERATION OF AN ACADEMIC APPEAL
The hearing panel shall consider an appeal:
- Only if the grounds for the appeal stem from an examining committee or departmental action and only after an appeal has been heard by the body responsible for appeals in the department concerned (unless the action being appealed is one taken by the Faculty of Graduate Studies). This is understood to include decisions taken by individuals or committees acting in the name of a department of the Faculty of Graduate Studies and also to the supplementary regulations pertinent to a department’s operation which have been approved by the Faculty of Graduate Studies;
- If there is some evidence that a department or faculty regulation has been unfairly or improperly applied;
- There is apparent conflict between Faculty of Graduate Studies’ policy and a department regulation; and/or
- Other circumstances that warrant special consideration
Note: It shall be the responsibility of the appellant to indicate clearly and specifically the grounds warranting consideration of the appeal.
When a hearing panel determines that there are insufficient grounds to proceed with an appeal hearing it shall report its reasons to the Dean of Graduate Studies.
General: An appeal of action taken by any department or administrative unit, committee, administrator or faculty member within the Faculty of Graduate Studies must be sent by the student to the Dean of Graduate Studies within 15 working days of the date when the student was informed in writing of the action to be appealed.
APPEAL OF TERM WORK:
- Students are encouraged to discuss matters relating to grading of term work with their instructor FIRST.
- Further appeals of grades on academic term work shall be directed, by the appellant, to the department responsible for the course within 10 working days after the grades for term work have been communicated to students.
- Following receipt of the appropriate appeal form and evidence of payment of the refundable appeal fee, the department shall consider the appeal and provide a decision within 15 working days.
APPEALS TO SENATE:
As per the University of Manitoba Governing Documents: Students: Policy: Appeals Procedures and Guidelines (Procedures: 4.),
“Appeals to the Senate Committee on Appeals shall be filed with the University Secretary within twenty (20) working days after the mailing of the notice of decision from which the appeal is made. The Chair of the Senate Committee on Appeals shall have discretion to extend this deadline if he/she determines that there are special circumstances which justify or excuse the delay.”
The specific jurisdiction of each of the Disciplinary Authorities is outlined in: University of Manitoba Governing Documents: Students: Bylaw: Student Discipline. See 2.3.3: Table 1: Jurisdiction of Disciplinary Authorities.
When the appeal is against a disciplinary decision made by the Faculty of Graduate Studies, the appeal routes and procedures as outlined in the following shall prevail: University of Manitoba Governing Documents: Students: Procedures: Student Discipline.
If the appeal is from a decision of the Dean of the Faculty of Graduate Studies the appeal statement shall be delivered to the Dean of the Faculty of Graduate Studies on behalf of the Local Discipline Committee (L.D.C.) If the appeal is from a decision of the L.D.C., the official statement shall be delivered to the Secretary of the University Discipline Committee (U.D.C.) with a copy to the Dean of the Faculty of Graduate Studies.
DISCIPLINE APPEAL DEADLINES:
If a student wishes to appeal a decision to any group or body, the notice of appeal must be delivered in writing to the appropriate person(s) within five working days of the student being notified of the decision from which the student intends to appeal.
Appeal of Violation/Penalty:
As per section 2.7.2 of the University of Manitoba Governing Documents: Students: Procedures: Student Discipline,
The Student shall clearly indicate in the notice of appeal whether they are appealing the decision on:
- (a) the finding of facts;
- (b) the disposition determined by the disciplinary authority; or
- (c) both (a) and (b).
Limitations on Appeal Rights
Students who disagree with a decision have access to the appeal routes as laid out by the various Faculty of Graduate Studies and University of Manitoba appeal procedures. Student appeals may be limited by the scope of the inquiry available at each level and category of appeal, as well as the time limitations for submission of appeals.
A further limitation is that the Faculty of Graduate Studies rules and regulations, established to uphold the academic rigour of the University of Manitoba, are generally not subject to appeal unless an appeal route is otherwise stipulated. In situations where no appeal route is available, a student may make a written request to the Dean.
All appeals shall be submitted in written form to the Dean of Graduate Studies. The Dean may, on consideration, attempt first to reach an informal solution. If that is judged by the Dean to be inappropriate or unfeasible, a hearing panel will be formed. Hearings shall be held in closed session unless at least one party requests an open hearing and all parties to the appeal agree to the request.
The Dean shall inform the appropriate Department head of the nature of the appeal, forward a copy of the student’s written submission, and request a written response to the appeal within ten working days. A hearing panel will be struck and a meeting set by the Dean of Graduate Studies as soon as possible after receipt of the written response from the department.
The appellant shall receive, through the Dean of Graduate Studies, the response of the department at least one week prior to the date set for the hearing of the appeal. Notices of the hearing shall be sent by the Dean of Graduate Studies to the individuals affected, giving the specific time and place for a hearing. All documentation that the hearing panel will consider shall be made available through the Dean of Graduate Studies Office to both the student and the Department Head in advance of the meeting. No additional materials
may be presented at the time of the hearing. In the case where a request is made to submit additional materials, the Chair shall postpone the hearing and allow no more than ten working days for the other party to respond to
the new materials.
Each petitioner and appropriate Department head (or delegate) shall have the right to appear before the hearing panel and to call witnesses that he/she wishes to appear before the panel. It is the responsibility of the party calling witnesses to ensure that the witnesses are informed of the date and time of the hearing. The Dean of Graduate Studies shall be notified not less than four working days prior to the hearing of the names of all witnesses that are to be called.
The student shall be advised by the Dean of Graduate Studies of the right to appear in person or to be represented by the Student Advocate or a fellow student or other full-time member of the University community not receiving payment for appearing, or working for legal aid. In addition, if the student wishes, one member of his/her immediate family, and a lawyer, may be present, but only as observers who do not participate. At least four working days prior to the hearing, the Dean of Graduate Studies must be notified of any persons to be accompanying the appellant.
Both appellant (and/or representative) and Department head (and/or representative) are entitled to cross-examination of any and all witnesses. All members of a hearing panel shall participate in all of the deliberations essential for the determination of the matter in dispute. If, in the course hearing an appeal, a member is not present at the commencement of the hearing or a member cannot continue, the panel may elect to proceed in the absence of that member. If more than one member is not present at the commencement or cannot continue, the hearing panel must adjourn.
As a first item of business in dealing with any appeal, the hearing panel shall consider (in closed session): Whether there are sufficient grounds to proceed with the appeal hearing, any requests it has received to hold an open session, and if so, determine what parts of the hearing shall be open. Normally the appellant and the Department head and/or their representatives will be present during the presentation of the other’s case. During the hearing, the appellant or the Department head may request a change in the open or closed nature of the hearing, at which time the hearing panel shall determine its procedures.
The hearing panel may request the appellant or any other parties to appear or provide additional information in a particular case before reaching a decision. All parts of the meeting required to deliberate or determine resolution of the appeal shall be held in camera.
The Dean of Graduate Studies shall inform, in writing, the appellant and the Department head concerned of the disposition of the appeal, the reasons for the decision, and of whatever action may result. The further right of appeal to the Senate Committee on Appeals should be indicated, along with any appropriate time limits.
Any member of the Appeal Panel shall be disqualified from hearing an appeal who: Is a faculty member or a student in the Department (School or Faculty) in which the appellant is registered; or Was, as an individual, or as a member of a committee or board, responsible for making the decision being appealed.
Please refer to University of Manitoba Governing Documents: Students: Procedures: Student Discipline
Please refer to University of Manitoba Governing Documents: Students: Policy: Admission Appeals Procedures and Guidelines.
Please refer to the Registrar’s Office webpage on fee appeals: http://umanitoba/ca/student/records/fees/830.htm. To initiate the Fee Appeal procedure, the student completes a Fee Appeals form, available online or in the Registrar’s Office, 400 University Centre.
Assistance with Appeals:
Should need assistance in filing an appeal, please feel free to see confidential asssistance the The Office of Student Advocacy. This service is FREE of charge.
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