Academic Integrity Breach Appeals & Non-Academic Misconduct or Breach Appeals

Non-Academic Misconduct or Breach refers to actions that are contrary to the College’s behavioural expectations for Students, including the non-academic responsibilities of Students set out in Policy S1- Student Code of Rights and Responsibilities.  Examples of non-academic misconduct or breach include, but are not limited to:

1. Threatening or violent behaviour towards a College community member (including verbal, written or online threats);
2. Conduct or comments amounting to discrimination, harassment or sexual violence as set out in Policy H1 – Respectful Workplace and Learning Environment Policy and/or the Policy G5- Sexual Violence;
3. Obnoxious behaviour, including abusive or vulgar language or gestures directed at a member of the College community;
4. Theft or willful damage to College property or the personal property of a College community member;
5. Disregard of Safety and Health procedures and practices or the intentional creation of safety hazards;
6. Possession, use or distribution of illicit drugs and/or narcotic substances on campus or other College facilities unless medically authorized;
7. Disruption or obstruction of regular or organized College activities.

Types of Appeals

There are two different types of appeals associated with appeals of Academic Integrity Breaches & Non-Academic Misconduct or Breaches:

1. Disciplinary Action issued as a result of instances of academic integrity breach.  Such appeals are limited to the following types of disciplinary actions:
   • A grade of zero (0) on all or part of an assignment issued as a result of a finding of academic integrity breach;
   • Suspension decisions, other than suspensions issued for only the remainder of the school day; and
   • Expulsion decisions.
2. Findings of academic integrity breach or non-academic misconduct or breach.

Grounds for Appeal – Disciplinary Actions

Appeals for disciplinary actions issued as a result of incidences of academic integrity breach are only available where the sanctions imposed is disproportionate to or inconsistent with the nature of the offence.

Questions to consider in determining whether you have grounds for a disciplinary action appeal:

• Is the discipline handed down fair when considering the applicable facts and surrounding circumstances?
• Do you agree that discipline is warranted in the circumstances, but not to the level handed down?
• Do you believe that no discipline was warranted in response to a finding of academic integrity breach/non-academic misconduct?
• Do you believe that the discipline issued to you is inconsistent with other discipline issued to yourself or a colleague (and if so, do you have documentary evidence supporting such inconsistency)?

If the answer to any of the above questions is “yes”, you may have grounds for making a disciplinary action appeal. If you are simply unhappy with the discipline handed down, you likely would not have grounds for a disciplinary action appeal.

Appeal Form

The Appeal must be made in writing in by filling out the applicable appeal form. Details provided by the Student must include but are not limited to:

• The grounds for appeal (discipline or findings);

• For disciplinary appeals, evidence/documents demonstrating that the discipline issued disproportionate to or inconsistent with the nature of the offence.  This may include discussing past discipline previously issued in comparison to the current discipline at hand.

• For findings appeals, evidence showing that a procedural error has been made (i.e. student not provided opportunity to be heard), that there has been bias in the process (i.e. evidence that the decision maker was not impartial in the matter), or whether new information is available following the initial findings being made that would change the outcome (ensure to include a detailed description of the new information and how you believe it would change the outcome).

• The specific remedy sought by the Student.

The Appeal form must be submitted within 5 working days of notification of the decision at issue.

Process

The appeal will thereafter be reviewed by the applicable Academic Manager in accordance with the Student Appeals Procedure.