Appeals – Policy BRD/ED(25) 4-0

Please see www.cariboo.bc.ca/policy/index.html for the latest policy and regulations.

Policy

1. General

   The University College of the Cariboo (UCC) recognizes that although most students experience no concerns regarding their education, some occasionally experience problems with interpretations of UCC policy or procedures by UCC staff. While most differences can be resolved by an open and frank discussion with the people concerned, a process is required whereby students may bring forward for formal review, matters that have not been resolved to their satisfaction.

   An appeal is an internal hearing for the purpose of reviewing and resolving matters of concern raised by students.

   1. UCC therefore recognizes the right of students to appeal:
      1. Decisions on grades;
      2. Decisions on the application of policies, procedures and regulations; and
      3. Perceived unethical conduct by UCC staff or other students.
   2. In general, a student (the appellant) should attempt to resolve a concern by discussing the situation as follows:
      1. With the person with whom the concern originated (the respondent);
      2. If the concern is not resolved, then with the person at the next highest level of responsibility (normally a Department Chair);
      3. If still unresolved, with the Dean or Divisional Director;
      4. If the issue remains unresolved, then the student may commence an appeal in accordance with the appeal procedure set out in the Appeals Regulations.

         The process of appeal is student-initiated and can be terminated at any time by the student.

         Save under exceptional circumstances that in the opinion of the President of the University College affect the welfare of a number of students, the process outlined in this policy and its attendant regulations shall be followed.

         Appeal hearings shall be closed meetings, and all parties to the appeal shall ensure confidentiality of all information reviewed and discussed during the hearing.

         Within 14 days of receiving an Appeal Committee decision, either the appellant or respondent may make a final appeal to the President. Grounds for such appeals shall be limited to denial of natural justice or violation of due process as set out in this Policy and Regulations. The decision of the President shall be final and binding.

         Notwithstanding this Policy, suspensions of students may be appealed to the Board of Governors as set out in the College and Institute Act.

2. Appeal Committee Membership
   1. A standing Appeal Committee Panel shall be reviewed annually by the Education Council. The Panel shall be established by October 1 and shall comprise:
      1. one faculty member from each instructional division, appointed by the Dean of the division;
      2. one student from each instructional division, appointed by the Cariboo Student Society.
      3. Each electing group shall employ principles of gender equity.
   2. To hear an appeal, an Appeal Committee shall be convened by the Registrar. The Committee shall consist of:
      1. the Registrar or the Registrar's delegate, who shall serve as non-voting Chair;
      2. two students, drawn at random by the Chair from the student membership of the Appeal Committee Panel;
      3. two faculty members, drawn at random by the Chair from the faculty membership of the Appeal Committee Panel.
   3. No Panel Committee member shall serve on an Appeal Committee if he or she is currently a student or faculty member in the Department with which the appeal is concerned, is an instructor of the student whose appeal is to be heard, or may otherwise by perceived to be in conflict of interest, as determined by the Chair of the Appeal Committee in accordance with UCC policy.
   4. In the event that an insufficient number of Panel members are eligible to serve on an Appeal Committee, the Chair shall request additional faculty members from the instructional divisions or students from the Cariboo Student Society.
   5. An Appeal Committee quorum shall consist of all five committee members.
   6. Appeal Committee decisions shall be by majority vote. In the event of a tie, a new Committee shall be struck to re-hear the Appeal. Other than the Chair, no member of the new Committee shall have served on the earlier Committee.
   7. Ad Hoc Appeal Committees shall be struck by the Registrar as required for appeals at the Williams Lake campus. Each Ad Hoc Committee will consist of:
      1. the Registrar or the Registrar's delegate, who shall serve as non-voting Chair;
      2. two students, appointed by the Dean, Williams Lake Campus; and
      3. two faculty members, appointed by the Dean, Williams Lake Campus.

         All other rules and procedures shall be as set out above.

3. Voting

   Each member of the Appeal Committee, with the exception of the Chair, shall have one vote in rendering a decision.

4. Length of Term

Membership on Appeal Committee Panels normally shall be for a period of two years. Terms of service shall be arranged such that one-half expire as of September 1 in each academic year.

Regulations

1. Procedure
   1. If a student is unsure whether a certain concern, action or decision can be appealed, the matter should be discussed with either a Counsellor or the Director of College and Student Affairs. Appropriate recommendations will be made and the student can then take action as he or she desires.
   2. Appeals under the terms of the Appeals Policy must be made to the Director, College and Student Affairs. Appeals must be submitted in writing, together with a $25.00 fee, within seven working days of the decision or action that is being appealed. The letter shall state the nature of the appeal and a suggested resolution. The appeal fee will be refunded if the appeal is allowed and will be forfeited if the appeal is denied.
   3. Upon receipt of a letter of appeal, and after ensuring that Part 2 of the GENERAL section of the Appeals Policy has been met, the Director of College and Student Affairs will convene an Appeal Committee.
   4. Within two working days of determination that an Appeal Committee will be convened, the Director of College and Student Affairs will establish an Appeal Committee, organize files of relevant material for each Committee member, pass the request for appeal to the Chair of the Committee and forward a copy of the student's appeal letter to the respondent.
   5. Within two working days of the establishment of an Appeal Committee, the Appeal Committee Chair will undertake to schedule an Appeal Hearing, taking into account the schedules of all people required to attend. The initial meeting normally will be arranged within two weeks. The Chair will assume responsibility for convening all meetings until the appeal has been terminated.
   6. The appellant and respondent may bring witnesses to the Appeal Hearing. Participation of witnesses shall be limited to providing evidence and responding to questions from the Appeal Committee. Witnesses may be present at the Hearing only when providing evidence or responding to questions from the Appeal Committee.
   7. Each appellant or respondent may bring one support person to the Appeal Hearing. Support persons may not be present at the table and shall not participate in the appeal unless called on by the Chair to do so.
   8. All parties to the appeal shall be present at the Appeal Hearing.
   9. The Appeal Hearing shall proceed as follows:
      1. An initial briefing and review of the case by the Committee members;
      2. Presentation of the case by the appellant;
      3. Presentation of information by the respondent;
      4. Subsequent re-examination of either party or any witnesses if required.
   10. 10.Neither the appellant nor the appellee shall have the right to representation by legal counsel during Appeal Hearings.
   11. 11.The Appeal Committee Chair shall be responsible for keeping official records of Appeal proceedings. Only the Chair shall be permitted to make audio or video recordings of Appeal proceedings.
   12. 12.Following a decision by the Appeal Committee, the Chair shall notify the appellant and respondent in writing of the decision, including a brief rationale for it.
   13. 13.The Registrar will retain a permanent appeal file, containing the official record of proceedings all referenced documents and a copy of the letter notifying the appellant and respondent of the Appeal Committee decision. Original documents will be returned to their respective owners and all other material, including copies of Appeal Committee file material will be destroyed after a period of ten (10) days.
2. Guidelines
   1. The Appeal Committee shall decide impartially and fairly whether an appeal shall be allowed or denied.
   2. Each appeal shall be considered independently and on its merits.
   3. At no time should the Committee deal with any matter outside the specific concerns set out in the request for appeal.
   4. All information reviewed and discussed during an appeal shall remain confidential.
   5. In addressing the appellant's specific concern(s), the Appeal Committee should feel free to direct the parties to provide and produce additional material or witnesses directly related to the appeal.
   6. Save in exceptional circumstances, the Appeal Committee will render its decision within ten working days of the written request for appeal. Time being of the essence, the Appeal Committee will do its utmost to reach a majority decision.
   7. The Appeal Committee has the right to offer to the respondent or appellant, suggestions for change to the original (appealed) action or decision, but neither party is bound by such suggestion.