1.0 Reason for Policy

The Senate Committee on Appeals Policy (the “Policy”) and related Procedures (the “Procedures”) provide guidance to those individuals charged with determining appeals from decisions of Faculty/School Councils or their Appeal Bodies, of Professional Unsuitability Committees, of Faculty/School Award Selection Committees and of the Comité d’appels de l’Université de Saint-Boniface upon application by Appellants, except those pertaining to decisions on admission, tuition, disciplinary matters or human rights issues.

The Policy, and related Procedures, also provide guidance to Appellants and their right of appeal to the Senate Committee on Appeals (the “Committee”).

Definitions

“Appellant” - the student appealing a decision of a Faculty/School affecting the student’s own academic standing or receipt of awards at the University or another person with a viable, direct and substantial connection to the matter under appeal.

“Chair” - the Chair of the Senate Committee on Appeals or the Chair of a Panel of the Senate Committee on Appeals.

“Committee” - the Senate Committee on Appeals.

“Panel” – members of the Senate Committee on Appeals convened for the purpose of:

1) determining its jurisdiction;

2) determining the Appellant’s standing and whether there are grounds of appeal; or

3) hearing appeals.

“Respondent” - a representative or representatives of the Faculty/School designated by the Dean or Director to represent the Faculty/School in relation to an appeal.

“Faculty/School” - the Faculty/School Council or appeal body whose decision is being appealed. For the purpose of this Policy, and related Procedures, the Extended Education Division and University 1 shall be considered as though they were faculties.

2.0 Policy Statement

2.1 There shall be a Senate Committee on Appeals:

2.1.1 from which Panels shall be established to hear appeals as set out in the related Senate Committee on Appeals Procedures;

2.1.2 that shall make decisions on appealable matters that shall be final and binding;

2.1.3 that shall review the Senate Committee on Appeals Policy and related Procedures periodically and, if necessary, recommend changes.

2.2 The Committee shall hear an appeal by an Appellant against a decision by a Faculty/School affecting the academic progress, or the receipt of an award, only after all reasonable avenues of appeal within the Faculty/School concerned have been exhausted.

2.3 To ensure that academic decisions are made by those within the University who have the academic or professional expertise in the discipline concerned, the Committee on Appeals should be careful not to substitute its own academic judgment or standards for those in the discipline concerned.

2.4 The grounds for an appeal to be heard by the Committee shall include:

(a) failure of the Faculty/School or Dean/Director to follow procedures;

(b) failure of the Faculty/School or Dean/Director to follow the rules of natural justice;

(c) failure of the Faculty/School or Dean/Director to reasonably consider all factors relevant to the decision being appealed;

(d) that a Faculty/School/Senate governing document has become inapplicable through lapse of time or was unfairly applied;

(e) that there is an apparent conflict between a Senate governing document and a Faculty/School governing document; or

(f) failure of Senate, the Faculty/School or Dean/Director to comply with applicable legislation.

2.5 The Committee shall hear an appeal from the same Appellant against the same decision only once.

2.6 In cases where two Faculties or Schools cannot determine jurisdiction to hear a particular Appellant's appeal, the appeal shall be directed through the Office of the University Secretary to the Committee which:

(a) shall determine the appropriate Faculty or School to hear the appeal and shall normally refer the appeal back to that Faculty or School; or

(b) may hear the appeal.

2.6.1 In the event that a decision cannot be reached regarding the appropriate avenue of appeal, the President shall decide where jurisdiction lies.

2.7 The composition of the Committee shall be:

2.7.1 one member holding academic appointment in the University appointed as Chair for a three year term by the Senate Executive Committee;

2.7.2 one member of the Committee, from those academic members appointed by Senate (sections 2.7.3, 2.7.4 and 2.7.5), to be appointed as Vice-Chair by the Senate Executive Committee for a three year term. The Vice-Chair shall not be from the same Faculty or School as the Chair;

2.7.3 three members from amongst  Deans and Directors appointed by the President (considered academic members for the purpose of this Policy and Procedures);

2.7.4 three members of Senate, holding academic appointments in the University, nominated by the Senate Committee on Nominations and appointed by Senate;

2.7.5 four members holding academic appointments in the University, nominated by the Senate Committee on Nominations and appointed by Senate;

2.7.6 the President of UMSU (or designate);

2.7.7 four Students nominated by the Senate Committee on Nominations and appointed by Senate;

2.7.8 one academic member appointed by Université de Saint-Boniface and one Student appointed by Université de Saint-Boniface.

2.8 A quorum for a meeting of the Committee shall be one-third of its membership including the Chair. The quorum shall consist of a minimum of fifty (50%) percent academics and at least one student.

2.9 If the Chair of the Committee is unable to sit for any reason, the Vice-Chair shall assume the Chair’s duties. Should the Vice-Chair be unable to sit, another member of the Committee shall be appointed by the Chair as an Acting Chair.

2.10 Vacancies on the Committee shall be filled by the original bodies that made the appointment or conducted the election.

3.0 Accountability

3.1 The University Secretary is responsible for advising the President that a formal review of the Policy is required.

3.2 The University Secretary is responsible for the communication, administration and interpretation of this Policy.

4.0 Secondary Documents

4.1 Senate may approve Procedures which are secondary to and comply with this Policy.

5.0 Review

5.1 Formal Policy reviews will be conducted every ten (10) years. The next scheduled review date for this Policy is July 1, 2022.

5.2 In the interim, this Policy may be revised or rescinded if:

(a) Senate deems necessary; or

(b) the relevant Governing Documents are revised or rescinded.

5.3 If this Policy is revised or rescinded, all Secondary Documents will be reviewed as soon as reasonably possible in order to ensure that they:

5.3.1 comply with the revised Policy; or

5.3.2 are in turn rescinded.

6.0 Effect on Previous Statements

This Policy supersedes the following:

(a) all previous Board/Senate Policies, Procedures and resolutions on the subject matter contained herein;

(b) all previous Administration Policies, Procedures and directives on the subject matter contained herein;

(c) all previous Faculty/School Council Procedures stemming from the Faculty/School Council Bylaw and academic and admission Regulations and any resolutions on the subject matter contained herein; and

(d) The Academic Appeals Procedures and Guidelines Policy revised on February 1, 1989 and April 5, 2000.

7.0 Cross References

Senate Committee on Appeals Procedures