Corporate Legal

Policies and Corporate Legal

S3 – Student Appeals Procedures

Part 1: Introductory

Purpose

The purpose of this Procedures Guide is to set out the steps that are followed when a Student initiates an Appeal of an evaluation or decision by a College Authority that falls within the scope Policy S3 – Student Appeals. The procedural steps in the appeal process vary depending on the type of appeal, as set out below. In all cases, the principles of procedural fairness shall be upheld.

2.0  Definitions

2.1 Academic Assessment

Refers to all methods of assessing a Student’s knowledge, skills and abilities acquired during their studies or prior to their studies in the case of Recognition of Prior Learning. These include graded assignments, tests, pass/fail evaluations, graded evaluations of experiential learning, etc.

2.2 Academic Manager

Refers to the Academic Chair, Program Manager or Regional Campus Manager, as the case may be.

2.3 Academic integrity breach

Is an action that does not demonstrate Academic Integrity and includes any behavior that does not allow the College to fairly evaluate a student’s knowledge, skills and abilities in relation to admissions, assigned course work or assessment. An academic integrity breach can occur during activities related to the admissions process, receiving academic credentials or representing academic accomplishments, or any other academic activity or as defined in Policy S4 – Academic Integrity, as amended from time to time from time. 

2.4 Accommodation

Has the same meaning as in Policy A28 — Academic Accommodation.

2.5 Appeal

Refers to a Student’s request, in accordance with this Policy, to have a matter reviewed by a designated College Authority.

2.6 Appellant

Refers to the Student appealing a decision of the College in accordance with the Policy.

2.7 Balance of probabilities

Is the standard of proof is civil matters, such as a workplace or administrative investigation. It means that a set of facts is more likely than not to have occured.

2.8 Behavioural Intervention Team (“BIT”)

Is a multidisciplinary team at the College responsible for evaluating appropriate measures in relation to “at risk” students as defined in Policy S5 – At-Risk Students.

2.9 College Authority

Refers to the individual who has been given authority by the College to make certain decisions in the course of their duties. For example, in the matter of a grade appeal, the College Authority issuing the original grade would usually be the course Instructor. In a disciplinary matter, the College Authority might be the Academic Manager or Dean imposing discipline as a result of a finding of non-academic misconduct. In an Appeal, the College Authority reviewing the matter may be the appropriate Dean.

2.10 Component Grade

Refers to a grade awarded for a single item of academic work, such as an assignment, lab, test or exam.

2.11 Decision

Refers to the decision by a College Authority that the Student seeks to appeal.

2.12 Discipline

Refers to a disciplinary action implemented by a College Authority in accordance with College Policy S2 – Student Discipline or Policy S1 – Student Code of Rights and Responsibilities.

2.13 Final grade

Refers to the official course grade that appears on a Student’s transcript.

2.14 Grade appeal or academic assessment appeal

Refers to an appeal of grade awarded in the course of an academic evaluation. Grade appeals are conducted in accordance with these Procedures.

2.15 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 (“RWLE”) 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 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.

2.16 Recognition of prior learning (“RPL”)

Refers to a set of processes that allow individuals to document, be assessed and gain recognition for their prior learning. The focus is on the learning rather than where or how the learning occurred. Knowledge, skills and abilities gained from life experiences may be formal, informal or non-formal. RPL decisions are reached in accordance with College Policy A14 – Recognition of Prior Learning.

2.17 Reviewer

Refers to the College Authority responsible for reviewing certain types of appeals under these Procedures.

2.18 Student

For the purposes of this Policy, refers to an individual who:

  1. is a current Student at RRC Polytech;
  2. has previously studied at RRC Polytech within the last 12 months.

3.0 Application

3.1

These Procedures apply to Students and College decision-makers engaged in the appeals process.

Part 2: General Procedures

 4.0

As set out in these Procedures, the steps in an appeal vary depending on the type of appeal (i.e., appeal of an academic assessment or grade, appeal of a disciplinary decision, etc.). The following appeal types are contemplated under the Policy:

  1. appeals of academic assessments (i.e., “grade appeals”);
  2. findings of academic integrity breach and non-academic misconduct or breach, in limited circumstances as set out herein;
  3. certain types of disciplinary decisions resulting from instances of academic integrity breach and non-academic misconduct or breach;
  4. determinations regarding academic accommodations;
  5. determinations regarding recognition of prior learning (“RPL”).

5.0

Not all decisions are appealable. There is no appeal available for the following types of decisions:

  1. removal from class or campus for the duration of the day;
  2. oral or written reprimand;
  3. the implementation of a Behavioural Contract;
  4. academic probation or academic program suspension issued as a result of a Student’s GPA in accordance with Policy A22 — Academic Standards.

6.0

The Procedures are subject to reasonable modifications, as may be dictated by the circumstances of the individual appeal. In all cases, the College will meet its obligation to conduct the Appeal in a manner that meets the requirements of procedural fairness.

7.0

Decisions that are of a type not enumerated above but which, in the opinion and at the sole discretion of the Executive Director, Academic, are of a nature such that there is a significant impact on a Student’s academic career, may be appealable. In such cases, procedures appropriate to the circumstances will be utilized to review the In all cases, the principles of procedural fairness shall be upheld.

Part 3: Appeal Types

 8.0 Academic Assessment Appeals (Grade Appeals)

8.1

A Student may initiate an appeal of an academic assessment (i.e., a grade awarded) in accordance with these Procedures.

8.2

There are two types of Grade Appeals:

  1. (i.e., a grade awarded for a single item of work, such as an assignment, lab, test or exam) where the component grade is worth at least 10% of the course; and
  2. appeal of a final grade in a course (i.e., the official grade that appears on a Student’s transcript).

8.3  Grounds

  1. An appeal of a component grade is available only where:
    1. the assessment or the evaluation criteria do not reflect the course learning outcomes; or
    2. the assessment criteria have been applied in an inconsistent or biased
  2. An appeal of a final grade is available only where:
    1. the assessment of the final grade was made without considering all individual items of work completed/submitted;
    2. the final grade does not align with the results of the individual assessments in the course, indicating an error in calculation in developing the final grade; or
    3. the overall assessment of the final grade is demonstrably unjust.

8.4 Appeal Form and Steps

Grade Appeals must be made in writing in the Grade Appeal Form. A separate Appeal (and completed form) is required for each grade that is appealed. Incomplete forms will not be The timelines for initiating an appeal will generally not be extended on the basis of a Student’s delay in providing the requisite form and appeal information.

8.5

Prior to submitting a Grade Appeal, the Student must first attempt an informal resolution process by discussing the concern with the original decision-maker (this will usually be the Instructor). The Student is required to discuss the matter with the Instructor that assigned the grade within 5 working days of receiving the grade. This timeframe may be extended in situations where the original decision-maker is not available to meet within the stipulated timeframe. However, a Student’s failure to initiate the request to meet within the 5-day period will not be a valid reason for extension.

8.6

If, following the discussion with the Instructor, the Student believes they have grounds for appeal in accordance with Section 8.3, the Student may initiate an appeal to the Academic Manager. The Appeal must be in writing in the requisite form and must be delivered to the Academic Manager by email within 5 working days of the Student’s discussion of the matter with the original decision-maker.

8.7

The Appeal must be made in writing in the Grade Appeal Details provided by the Student must include but are not limited to:

  1. the grounds of the Appeal (as set out in Section 3 of these Procedures);
  2. evidence of the Student’s conversation with the Instructor about the grade, including the date of the conversation and copies of any correspondence related to the discussion and/or a summary of the conversation prepared by the Student;
  3. in the case of an appeal of a component grade, a copy of the work which is the subject of the Appeal and any available rubrics or evaluation criteria documents;
  4. the specific remedy sought by the Student.

8.8

Upon receipt of the Appeal, the Academic Manager shall review the Appeal Form for completion and to assess whether the Appeal falls within the scope of the Policy. The Academic Manager shall determine whether there is sufficient evidence and reasonable grounds for the Appeal to proceed. Incomplete forms or appeals falling outside the scope of the Policy will not proceed and the Appellant shall be so informed. An incomplete form which is rectified before the expiration of the 5-day period for initiating an appeal will be considered: however, the timeframe for initiating an appeal will generally not be extended on the basis of an Appellant’s delay in providing the requisite form and appeal information.

8.9

Where the Academic Manager determines that the Appeal shall proceed, the Academic Manager shall undertake a review of the The Academic Manager’s review shall include a review of the Appeal Form and any relevant documents, such as the work that is subject of the Appeal, any applicable grading rubrics, etc. The Academic Manager may request to meet with the Student and/or the course Instructor to discuss the matter. The Student and the Instructor are required to cooperate with any such requests in a timely way. Where deemed appropriate by the Academic Manager, the review may also involve a review by a secondary subject matter expert. Determinations regarding a secondary subject matter expert are at the sole discretion of the Academic Manager.

8.10

Where the Grade Appeal is based, in whole or in part, on an allegation of the improper implementation of any approved academic accommodation(s), the Academic Manager responsible for reviewing the Grade Appeal shall engage the Manager, Student Accessibility Services, in their review of the Appeal prior to rendering a decision. The decision shall comply with College’s legal obligations.

8.11

Based on the Academic Manager’s review, a grade that is appealed may be raised, lowered, or left unchanged.

8.12

The Academic Manager will render a decision on the Appeal within 15 working days of receipt of the Appeal. The Academic Manager has the discretion to extend this timeline in complex cases, or where there are other extenuating circumstances. Where the timeline for rendering a decision is extended, the Academic Manager shall notify the Student.

8.13

The Academic Manager’s decision shall be delivered to the Student in writing and shall include the reasons for the decision. The Academic Manager’s decision is final.

9.0 Academic Integrity Breach and Non-academic Misconduct Appeals

9.1

There are two types of appeals under this category:

  1. appeals of certain types of disciplinary action issued in accordance with Policy S2 – Student Discipline and/or Policy S4 – Academic Integrity as a result of instances of academic integrity breach; and
  2. in limited circumstances as set out herein, appeals of a finding of academic integrity breach or non-academic misconduct or breach.

9.2

Appeals of the following types of disciplinary decisions related to academic or non-academic misconduct are available:

  1. a grade of 0 on all or part of an assignment issued as a result of a finding of academic integrity breach;
  2. suspension decisions, other than suspensions issued for only the remainder of the school day; and
  3. expulsion decisions.

9.3 Grounds

  1. An appeal of disciplinary action issued as a result of a breach is only available where the sanction(s) imposed is disproportionate to or inconsistent with the nature of the
  2. Generally, a determination that there has been a breach of College policy will not be appealable where there has been an adequate review or investigation of the An appeal of a finding of academic integrity breach or non-academic misconduct or breach is only available where:
    1. a substantial procedural error has been made;
    2. there has been bias present in the process;
    3. new information is available that is likely to change the outcome.

9.4

Appeal Form and Steps Appeals must be made in writing. If a Student believes they have grounds for appeal in accordance with Section 9.3 the Student may initiate an appeal by completing the prescribed form and delivering it to the Academic Manager or the Executive Director, Academic (as the case may be) within 5 working days of notification of the decision at issue. The Appeal must include any and all supporting documentation required for the matter to be considered.

9.5

The Appeal will be reviewed as follows by a designated Reviewer:

  1. For an appeal of a disciplinary decision resulting from academic integrity or non- academic misconduct, as follows:
    1. for an appeal of a grade of F or 0 awarded on all or part of an assignment as a result of academic misconduct or breach, by the Academic Manager, Dean or Dean’s designate, as the case may be;
    2. for an appeal of suspension decision of a suspension of up to 5 days in duration, by the appropriate Dean;
    3. for an appeal of suspension decision of a suspension of more than 5 days in duration, by the Executive Director, Academic;
    4. for an appeal of an expulsion decision the Vice President.
  2. For an appeal of a finding of academic integrity breach or non-academic misconduct or breach, by the Academic Manager, Dean or Dean’s designate as the case may be, will be reviewed by Executive Director, Academic.

9.6

Upon receipt of the Appeal, the Reviewer shall assess whether the Appeal falls within the scope of the Policy, including the grounds for the Appeal set out in these Procedures. The Reviewer shall determine whether there is sufficient evidence and reasonable grounds for the Appeal to proceed. Appeals falling outside the scope of the Policy will not proceed and the Appellant shall be so informed.

9.7

Where the Reviewer determines that the Appeal should proceed, the Reviewer shall review the Appeal and any relevant documents. In the course of their review, the Reviewer may request to meet with the Student and/or the original decision-maker to discuss the matter. The Student and the original decision-maker are required to cooperate with any such requests in a timely way.

9.8

The Reviewer will render a decision on the Appeal within 15 working days of receipt of the Appeal. The Reviewer has the discretion to extend this timeline in complex cases, or where there are other extenuating circumstances. Where the timeline for rendering a decision is extended, the Reviewer shall notify the Student.

9.9

The Reviewer’s decision shall be delivered to the Student in writing and shall include the reasons for the decision. The Reviewer’s decision is final.

10.0  Academic Accommodation Appeals

10.1

A Student may initiate an appeal of certain types of academic accommodation decisions made pursuant to Policy A28 – Academic Accommodation in accordance with these Procedures.

10.2

Grounds An appeal is available where a Student has been denied a requested accommodation.

10.3

Where a Student believes that an academic accommodation approved by Student Accessibility Services has not been properly implemented by an Instructor or any other person, the Student shall contact their Accessibility Specialist or, in the case of exam accommodations, the Supervisor, Exam Accommodations, as quickly as possible so that the matter may be reviewed and resolved in a timely way. The Accommodations Appeals process is reserved for accommodation decisions and/or academic evaluations, as opposed to disputes related to implementation.

10.4

In situations where a Grade Appeal is based, in whole or in part, on an allegation of the improper implementation of any approved academic accommodation(s), the Student shall follow the Grade Appeal process set out in Section 8, and also alert their Accessibility Specialist, or in the case of an exam grade, the Supervisor, Exam Accommodations. Attempted informal resolution with the Instructor is required before a formal appeal of the grade may be filed.

10.5

Appeal Form and Steps Appeals of accommodation decisions must be made in writing in the prescribed The Student shall initiate the Appeal by emailing the form to the Director, Student Support Services.

10.6

Prior to submitting an appeal of an accommodation decision, the Student must first attempt an informal resolution process by discussing the concern with the applicable department Manager within Student Support Services (i.e., the Manager, Student Accessibility Services; the Manager, Deaf and Hard of Hearing Services; or the Manager, Exam Accommodations and Assistive Technology). This conversation should be initiated as soon as practicable. The Student is required to attempt to resolve the matter informally by discussing the matter with the manager responsible for the accommodation(s) being appealed. The informal resolution process must be satisfied before the formal appeal process may proceed. Permission from the Director of Student Support Services is required if the student, or the Manager responsible for the Accommodation, does not wish to participate in the informal resolution process for any reason.

10.7

If the matter is not resolved through the informal resolution process, the Student may initiate an appeal to the Director, Student Support The Appeal must be in writing and must be delivered to the Director. The Appeal must include any and all supporting documentation required for the Director to consider the matter.

10.8

Upon receipt of the Appeal, the Director, Student Support Services, shall assess whether the Appeal falls within the scope of the Policy. The Director shall determine whether there is sufficient evidence and reasonable grounds for the Appeal to proceed. Appeals falling outside the scope of the Policy will not proceed and the Appellant shall be informed.

10.9

Where the Director, Student Support Services, determines that the Appeal should proceed, the Director shall review the Appeal and any relevant documents. In the course of their review, the Director may request to meet with the Student and/or the original decision- maker to discuss the matter. Further information or other documentation relevant to the Appeal may be requested of any party. The Student and the original decision-maker are required to cooperate with any such requests in a timely way. The Director is entitled to consult with any subject matter experts as is necessary in the course of their review.

10.10

The Director, Student Support Services, will render a decision on the Appeal within 15 working days of receipt of the The Director has the discretion to extend this timeline in complex cases, or where there are other extenuating circumstances. Where the timeline for rendering a decision is extended, the Director shall notify the Student.

10.11

The decision of the Director, Student Support Services shall be delivered to the Student in writing and shall include the reasons for the The Director’s decision is final.

11.0  Recognition of Prior Learning (“RPL”) Appeals

11.1 

A Student may initiate an appeal of an RPL decision made pursuant to Policy A14 – Recognition of Prior Learning in accordance with these Procedures.

11.2

Grounds An appeal of an RPL decision is available where the Student has reason to believe:

  1. there has been an incorrect administration of the RPL process;
  2. the assessment or the evaluation criteria do not measure the course learning outcomes; or
  3. the assessment criteria have been applied in an inconsistent or biased manner.

11.3

RPL appeals must be made in writing in the prescribed form. The Student shall initiate the appeal by emailing the form to the applicable Academic Manager.

11.4

Appeal Form and Steps Prior to submitting an appeal of an RPL decision, the Student must first attempt an informal resolution process by discussing the concern with the original decision- maker (usually the course Instructor or Academic Coordinator). The Student is required to discuss the matter with the Instructor or Academic Coordinator who made the decision within 5 working days of notification of the decision. This timeframe may be extended in situations where the original decision-maker is not available to meet within the stipulated timeframe. However, a Student’s failure to initiate the request to meet within the 5-day period will not be a valid reason for extension.

11.5

If, following the discussion with the Instructor or Academic Coordinator, the Student believes they have grounds for appeal, the Student may initiate an appeal to the Academic Manager. The Appeal must be in writing and must be delivered to the Academic Chair by email within 5 working days of the Student’s discussion of the matter with the Instructor or Academic Coordinator. The appeal must include any and all supporting documentation required for the Academic Manager to consider the matter.

11.6

The Appeal must be made in writing in the RPL Appeal Details provided by the Student must include but are not limited to:

  1. the grounds of the Appeal (as set out in Section 2 of these Procedures);
  2. evidence of the Student’s conversation with the Instructor about the RPL process and/or assessment, including the date of the conversation and copies of any correspondence related to the discussion and/or a summary of the conversation prepared by the Student;
  3. provision of any additional relevant documents;
  4. the specific remedy sought by the Student.

11.7

Upon receipt of the Appeal, the Academic Manager shall assess whether the Appeal falls within the scope of the Policy, including the grounds for the Appeal set out in these Procedures. The Academic Manager shall determine whether there is sufficient evidence and reasonable grounds for the Appeal to proceed. Appeals falling outside the scope of the Policy will not proceed and the Appellant shall be informed.

11.8

Where the Academic Manager determines the Appeal should proceed, the Academic Manager shall review the Appeal and any relevant In the course of their review, the Academic Manager may request to meet with the Student and/or the original decision-maker to discuss the matter. The Student and the original decision-maker are required to cooperate with any such requests in a timely way.

11.9

The Academic Manager will render a decision on the appeal within 15 working days of receipt of the Appeal. The Academic Manager has the discretion to extend this timeline in complex cases, or where there are other extenuating circumstances. Where the timeline for rendering a decision is extended, the Academic Manager shall notify the Student.

11.10

The Academic Manager’s decision shall be delivered to the Student in writing and shall include the reasons for the decision. The Academic Manager’s decision is final.

12.0 Additional Resources

For additional assistance with the appeals process, see the Student Appeal Guide.

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