It is expected that the procedures outlined above for appeals at the Faculties Council and General Faculties Council levels will be sufficient to deal with any student appeal. Students should note, that, except for cases of student discipline, as provided under Section 31(1) (a) of the Post-Secondary Learning Act, the Board of Governors does not have jurisdiction to act as an appellate body in any other matter and, specifically, there is no right to appeal a decision of General Faculties Council to the Board of Governors under the Act. Discipline, as it relates to Section 31(1) of the Act, means only academic or non-academic misconduct as defined by this Calendar and determined by General Faculties Council, upon which a decision was made by the GFC that resulted in fines, suspension from the University, and/or expulsion from the University.
Section 31(1)(a) of the Act states:
The general faculties council has general supervision of student affairs at a university and in particular, but without restricting the generality of the foregoing, the general faculties council may
(a) subject to a right of appeal to the board, discipline students attending the university, and the power to discipline includes the power
(i) to fine students,
(ii) to suspend the right of students to attend the university or to participate in any student activities, or both, and
(iii) to expel students from the university.
The Board of Governors has approved principles and guidelines for its Student Discipline Appeal Committee to use in the consideration of discipline appeals submitted by students in accordance with the Post-Secondary Learning Act. The Student Discipline Appeal Committee is not a court of law and must not be assumed to have or exercise such authority. The decisions of the Student Discipline Appeal Committee shall be deemed to be decisions of the Board and are final and binding upon the Board.
Grounds of the appeal are limited to:
- Lack of jurisdiction
- Breaches of natural justice
When submitting an appeal to the Board of Governors, the appellant should ensure:
The appeal is delivered to the Secretary to the Board of Governors within fifteen calendar days of the GFC decision, in accordance with Section 31(1) of the Act, unless otherwise extended by the Secretary to the Board in her or his absolute discretion.
The appeal should include:
- The grounds of appeal
- Supporting evidence
- A statement of remedy sought
- The GFC student discipline appeal decision being appealed with respect to the case
- All relevant documents
On the call of the Chair, the Student Discipline Appeal Committee shall meet to consider and determine the appeal based on the documentary evidence submitted, and to choose from the three remedies available in the decision-making process:
- To refer the issue back to the level of the appropriate jurisdiction for a re-hearing and a new determination of the question. In referring the issue back, the Chair will provide appropriate instructions to rectify any procedural errors; such instructions may include a reconstitution of the Committee hearing the issue.
- To uphold the appeal or a part thereof. This decision would be made when consideration of the GFC decision warrants a reversal of the decision appealed or a part thereof.
- To deny the appeal in whole or in part.
In the case of an appeal challenging a decision of the University body on procedural grounds such as breaches of natural justice or fairness, the Student Discipline Appeal Committee will normally refer the issue back to the level of appropriate jurisdiction for a rehearing and new determination of the question. In the case of an appeal challenging a decision in which the student is denied permission to register, the student shall not be registered while the appeal is before the Board.
For more specific information on the principles and procedures governing student discipline appeals to the Board of Governors, the University Secretariat should be consulted.
Further information is also available on the University Secretariat website: www.ucalgary.ca/secretariat.